Terms of service
Terms and Conditions of the hibestie.pl Online Store
§ 1
PRELIMINARY PROVISIONS
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These Terms and Conditions [“Terms and Conditions”] set out the general terms and conditions of sale and govern the relationship between THE FUTURE IS HERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw, at ul. Śląska 47a/13, 70-430 Szczecin, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000909235, NIP number 5223205486, REGON number 38934224, with a share capital of PLN 20,000.00 [“Seller”], operating an online store at www.hibestie.pl [“Online Store”], and the customer who enters into an agreement with the Seller for the purchase of Goods [“Agreement”].
The owner of the Online Store available at www.hibestie.pl and the controller of data processed within the Online Store is THE FUTURE IS HERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Szczecin, at ul. Śląska 47a/13, 70-341 Szczecin, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000909235, NIP number 5223205486, REGON number 38934224, with a share capital of PLN 20,000.00; e-mail: hello@hibestie.eu, telephone number: 514 058 159.
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The provisions of these Terms and Conditions apply to all customers unless the Terms and Conditions expressly indicate that certain provisions do not apply to a particular group, in particular Entrepreneurs as defined herein.
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By using the services [“Services”] provided by the Seller, you agree, on your own behalf or on behalf of the entity you represent, to comply with these Terms and Conditions. If you act on behalf of any entity, you hereby declare and warrant that you are fully authorized to represent that entity in dealings with the Seller.
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These Terms and Conditions and any other documentation referred to herein constitute an agreement between the Seller and the Customer.
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The Customer and the Seller shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”.
§ 2
ACCEPTANCE OF THE TERMS AND CONDITIONS AND DEFINITIONS
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Acceptance – in order to create an account in the Online Store or use the Services, the Customer must accept these Terms and Conditions in their entirety. If the Customer does not wish or is unable to accept these Terms and Conditions, the Customer may not use the Online Store or the Services. In such a case, the Customer shall not use the Online Store or the Services. The Customer confirms their obligation to comply with the Terms and Conditions by entering into an Agreement with the Seller.
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Terms written with a capital letter in these Terms and Conditions have the meanings indicated below or defined directly in the text (in which case the defined terms are placed in quotation marks). The use of definitions makes the provisions of these Terms and Conditions more precise and concise.
a. “Price” – the amount of gross remuneration, specified in Polish zloty or another currency (including tax), due to the Seller for transferring ownership of the Goods to the Customer in accordance with the Agreement;
b. “Promotional Price” – the Price of a Product in the Online Store after it has been reduced in connection with a promotion announced by the Seller;
c. “Regular Price” – the Price of a Product without taking any promotion into account;
d. “Business Days” – all days excluding Saturdays, Sundays and statutory public holidays in the territory of the Republic of Poland;
e. “Delivery” – the actual activity consisting in delivering to the Customer, by the Seller through a Delivery Provider, the Goods specified in the Order;
f. “Delivery Provider” – an entity cooperating with the Seller in the provision of Delivery services, namely:
i. InPost Paczkomaty Sp. z o.o., with its registered office in Kraków, providing Delivery services and operating parcel locker systems (Paczkomat), as well as courier services;
ii. DPD Polska Sp. z o.o., with its registered office in Warsaw;
iii. DHL Parcel Polska Sp. z o.o., with its registered office in Warsaw;
g. “Review Form” – a service provided by the Service Provider in the form of an electronic form made available on the Online Store website, through which the Customer may post a review of a given Product;
h. “Password” – an alphanumeric string required for authentication when accessing the Account, specified by the Customer when creating the Account. The Customer is obliged to keep the Password strictly confidential and not disclose it to any third party. The Password may be changed in the Account settings. The Seller may provide the Customer with an option to recover a forgotten Password in the manner specified within the Store;
i. “Customer” – a person having full legal capacity and capacity to perform legal acts (in the case of natural persons, an adult), to whom electronic services may be provided or with whom an Agreement may be concluded in accordance with the Terms and Conditions and applicable law. If you represent a third party, that person, rather than you, is the Customer;
j. “Consumer” – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity;
k. “Customer Account” – an individual panel made available to a Customer by the Seller after the Customer has completed Registration and entered into an agreement for the provision of the Customer Account service;
l. “Cart” – a service made available to every Customer and every Store user who uses the Online Store, enabling them to conveniently purchase one or more Goods, enter discount codes allowing the Price to be reduced on the terms specified in separate agreements/terms and conditions, display a summary of the purchase Price of individual Goods and all Goods together (including any shipping costs), display the expected delivery date of the Goods, and retain Goods added to the Cart after the browser session has ended for no longer than 21 days. If the Price changes after a Product has been added to the Cart, the Price shall be updated in the Order form;
m. “Login” – the Customer's e-mail address provided in the Store when creating an Account. Each creation/change of a Login requires confirmation of the Customer's e-mail address by clicking an activation link sent by the Seller to the e-mail address provided by the Customer;
n. “Materials and Certificates” – documentation confirming the quality and safety of the Goods, in particular menstrual discs;
o. “Lowest Price During the 30-Day Period Before the Reduction” – the lowest Price at which a given Product was available in the Online Store during the 30 days preceding the introduction of the reduction/promotion, in accordance with Article 4(2) of the Omnibus Directive;
p. “Newsletter” – an electronic service provided by the Seller to the Customer consisting of periodically sending commercial, marketing and promotional information by e-mail concerning the Seller's activities, including in particular information about Goods offered, new products, promotions, discounts and other content related to the Online Store. Newsletter subscription is voluntary and requires the Customer's express consent, which may be given by checking the appropriate box during registration in the Online Store, when placing an Order, or through a dedicated form on the Store website. The Customer may unsubscribe from the Newsletter at any time by clicking the deactivation link contained in every e-mail sent as part of the Newsletter service or by contacting the Seller. Detailed rules governing the Newsletter service, including the rights and obligations of the Customer and the Seller, are specified in separate terms and conditions available on the Store website;
q. “Payment” – the act of paying, in the manner specified in these Terms and Conditions, the remuneration due to the Seller for performance of the Agreement, consisting of the sum of the Prices of the individual Goods included in the Order and Delivery costs, reduced by any applicable rebates and discounts;
r. “Privacy Policy” – the Seller's privacy policy. The Privacy Policy sets out the rules for processing personal data collected through the Online Store;
s. “Intellectual Property Rights” – any rights to patents (in particular patent applications, provisional documents, certificates, amendments, extensions, continuations, renewals and other similar applications), inventions (whether patentable or not), industrial designs, utility models, trademarks and service marks, regardless of whether registered or otherwise formalized, trade secrets, licenses, formulas, logos, domain names, methods of presenting products to consumers, techniques, knowledge, methods, processes and discoveries, as well as copyrights (in particular the right to modify and further develop, transfer or sublicense), rights to the layout-designs of integrated circuits and rights to know-how, in each case whether registered or unregistered, including applications for any of the above rights and all rights or forms of protection having an equivalent or similar effect to any of the above rights that may exist now or at any time and in any place worldwide;
t. “Promotion” – special sales conditions governed by separate terms and conditions concerning a special offer of the Online Store applicable for a specified period, which the Customer may use on the terms specified therein. In the event of discrepancies between the applicable Promotion terms and these Terms and Conditions, the provisions of the applicable Promotion terms shall prevail;
Manufacturer – an entity that designs, manufactures and places a product on the market under its own name or trademark, assuming full responsibility for its quality, safety and compliance with applicable laws, including Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (GPSR). For the purposes of these Terms and Conditions, the Manufacturer and the Seller are the same entity;
u. “Entrepreneur” – a natural person, legal person or organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal act with the Seller directly related to its business or professional activity;
v. “Terms and Conditions” – these Terms and Conditions;
w. “Registration” – an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all functionalities of the Online Store;
x. “GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
y. “Seller” – THE FUTURE IS HERS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Szczecin, at ul. Śląska 47a/13, 70-340 Szczecin, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000909235, NIP number 5223205486, REGON number 38934224, with a share capital of PLN 20,000.00, e-mail: hello@hibestie.eu, telephone number: 571593779, also being the owner of the Online Store;
z. “Party” – you and the Seller shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”;
aa. “Online Store” – the websites through which the Seller operates the Online Store, operating under the www.hibestie.pl domain;
bb. “Goods” – a product presented by the Seller through the Online Store that may be the subject of an Agreement. All Goods offered on the Online Store website are brand new. In the case of Goods constituting hygiene products (e.g. menstrual discs), once opened by the Customer they lose their status as full-value products and are not subject to return for health and hygiene reasons, pursuant to Article 38 point 5 of the Act of 30 May 2014 on Consumer Rights;
cc. “Hygiene Goods” – Goods intended for personal use whose use involves direct contact with the body, including menstrual discs. For health and hygiene reasons, these products may only be returned if their packaging remains intact;
dd. “Content”, “Contents” – textual, graphic or multimedia elements (e.g. information about Goods, photographs of Goods, promotional videos, descriptions, comments), including works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, as amended, and images of natural persons, as well as consolidated text published in the Journal of Laws of 2025, item 24, as amended, which are posted and distributed within the Online Store by the Seller, the Seller's contractors, the Customer or another person using the Online Store;
ee. “Durable Medium” – a material or tool enabling the Customer or the Seller to store information addressed personally to them in a manner allowing access to that information in the future for a period appropriate to the purposes for which the information is intended and allowing the stored information to be reproduced unchanged;
ff. “Agreement” – a distance sales agreement concluded between the Customer and the Seller on the terms specified in these Terms and Conditions;
gg. “Services” – services provided by the Seller in connection with providing access to the Store;
hh. “Technical Requirements” – the minimum technical requirements necessary to use the Online Store and conclude an Agreement, namely having a computer or another device connected to the Internet and equipped with one of the following web browsers (in the indicated or newer versions): Mozilla Firefox 122.0, Google Chrome 121.0, Safari 17.3, Opera 106.0, supporting JavaScript and allowing cookies to be saved. To make purchases in the Online Store, the Customer must have a valid/active e-mail address and a keyboard or another device enabling the electronic forms to be completed correctly. The Online Store is optimized for a minimum screen resolution of 1024×768 pixels;
ii. “Order” – a form made available within the Online Store specifying the Goods the Customer intends to purchase and the Customer's details necessary to conclude and perform the Agreement. An Order submitted to the Seller constitutes an offer by the Customer, i.e. a declaration of intent expressing the Customer's direct intention to conclude a distance Agreement through the Online Store.
§ 3
GENERAL PROVISIONS
In order to use the Online Store and the Electronic Services offered through it, the Customer's terminal device and ICT system must meet the minimum Technical Requirements.
Use of the Store also requires the Customer to have full legal capacity:
By placing an Order and using the Store's Services, the Customer declares that they meet the above requirements, in particular that they are an adult with full legal capacity;
If the Customer is a minor, has limited legal capacity, or acts as a representative of a third party, the relevant authorization must be presented or the Customer must act with the consent of their statutory representative.
All rights to the Online Store, including economic copyrights, intellectual property rights to its name and Internet domain, as well as rights to templates, graphics, logos and the layout of content published in the Store (except for logos and photographs presenting Goods, the copyrights to which may belong to third parties), belong to the Seller;
Copying, reproducing, modifying or distributing the content of the Online Store without the Seller's express written consent is prohibited.
b) Any actions infringing the Seller's intellectual property may result in appropriate legal action, including pursuing compensation claims through civil proceedings.
The Seller uses cookies, which are stored on the Customer's terminal device hard drive by the Seller's server while Customers use the Online Store. The purpose of using cookies is to ensure the proper functioning of the Online Store on Customers' terminal devices. This mechanism does not cause configuration changes to the Customer's terminal device or the software installed on it;
each Customer may disable cookies in their terminal device's web browser. The Seller indicates, however, that disabling cookies may cause difficulties or make it impossible to use the Online Store;
Detailed information on the use of cookies and the rules for disabling them is contained in the Privacy Policy available on the Store website.
To place an Order in the Online Store and use the Services, the Customer must have an active e-mail account.
To place an Order in the Online Store by telephone, the Customer must have an active telephone number and an active e-mail account.
The Seller declares that the public nature of the Internet and the use of electronically provided services may entail the risk of unauthorized persons obtaining or modifying Customer data. Therefore, Customers should use appropriate technical measures to minimize the risks indicated above. In particular, they should use antivirus software and software protecting the identity of network users. The Seller will never ask the Customer to provide their Password in any form.
The information about Goods provided in the Online Store, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code and enables Customers to become familiar with the main characteristics of the Goods before placing an Order.
The Seller may change the range of Goods offered at any time. Changes to the offer depend in particular on limitations concerning supply and deliveries, without prejudice to Orders placed by Customers before the change was introduced.
Photographs of Goods offered by the Online Store may differ from their actual appearance due to different image-display parameters depending on the Customer's terminal device or temporary changes to packaging depending on the production batch.
Products comply with the requirements of Polish law. The Seller does not guarantee that the Goods comply with the legal requirements applicable at the place of delivery located outside the European Union, where the Goods are delivered at the Buyer's request, for example if the sale of a given product is prohibited in that country. The Buyer is obliged to check with the relevant authorities of the country to which they intend to export or transfer the products whether the products they intend to order may be imported into that country.
The Seller provides the following online communication methods for quick and efficient contact with the Customer:
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by e-mail at: hello@hibestie.eu;
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by telephone: +48 571593779.
Contact with the Seller is possible on Business Days from 10:00 to 15:00 CET.
§ 4
PROVISION OF SERVICES AND REGISTRATION
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As part of the Online Store, the Seller undertakes to provide the Services referred to in points 1 and 2 above within the scope and on the terms specified in these Terms and Conditions.
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Both the Customer and the Seller may terminate the agreement for the provision of electronic Services at any time and without stating reasons, subject to the provisions of these Terms and Conditions.
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The Customer terminates the agreement for the provision of electronic Services by sending the Seller an appropriate declaration of intent using any means of distance communication that enables the Seller to become acquainted with the Customer's declaration of intent.
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The Seller terminates the agreement for the provision of electronic Services by sending the Customer an appropriate declaration of intent to the e-mail address provided by the Customer.
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The Contact Form service consists in sending a message to the Seller using the form available in the Online Store. The Customer may discontinue the Contact Form service at any time by ceasing to send enquiries to the Seller.
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The Newsletter Service may be used by any Customer who enters their e-mail address using the registration form provided by the Seller in the Online Store. After submitting the completed registration form, the Customer immediately receives, electronically at the e-mail address provided in the registration form, an activation link to confirm subscription to the Newsletter. Once the Customer activates the link, an agreement for the provision of the Newsletter Service electronically is concluded.
The Newsletter Service consists in the Seller sending electronic messages to the Customer's e-mail address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter addressed to Customers contains, in particular, information about the sender, a completed “subject” field indicating the content of the message, and information about the possibility and method of withdrawing from the free Newsletter Service.
The Customer may unsubscribe from the Newsletter at any time by using the subscription cancellation link included in every electronic message sent as part of the Newsletter Service or by deactivating the appropriate option in the Customer Account.
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The Recommend to a Friend service enables Customers to send a friend an electronic message concerning a Product selected by the Customer. Before sending the message, the Customer selects the Product to be recommended and then, using the “Recommend to a Friend” function, completes a form providing their e-mail address and the e-mail address of the person to whom they wish to recommend the selected Product.
The Customer may not use this Service for any purpose other than recommending the selected Product. The Customer does not receive remuneration or any other benefit for using this Service. The Customer may discontinue the free Recommend to a Friend Service at any time by ceasing to send recommendations of selected Products to their friends.
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The Ask about a Product service consists in sending a message to the Seller using the form available in the Online Store. The Customer may discontinue the service at any time by ceasing to send enquiries to the Seller.
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In order to create a Customer Account, the Customer is required to complete free Registration.
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Registration is not required to place an Order in the Online Store.
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In order to register, the Customer should complete the registration form provided by the Seller in the Online Store and submit the completed registration form electronically to the Seller by selecting the appropriate function available in the registration form. During Registration, the Customer specifies an individual Login and Password.
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While completing the registration form, the Customer may review the Terms and Conditions and accept their contents by selecting the appropriate checkbox in the form.
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After submitting the completed registration form, the Customer immediately receives electronic confirmation of Registration from the Seller at the e-mail address provided in the registration form. At that moment, an agreement for the electronic provision of the Customer Account service is concluded, and the Customer obtains access to the Customer Account and the ability to modify the information provided during Registration.
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The agreement for the provision of Services is concluded when both of the following conditions have been fulfilled:
(i) the Customer has successfully completed and accepted, and submitted to the Seller, the registration form for the purpose of creating a Customer Account; and
(ii) the Terms and Conditions have been accepted.
The agreement for the provision of electronic Services is concluded for an indefinite period. Creating an Account is not required to make a purchase in the Online Store. Creating and using an Account as part of the Services provided by the Seller is voluntary and free of charge.
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A Customer who has completed Registration may request that the Seller delete the Customer Account. If the Customer submits a request to delete the Customer Account, the Account may be deleted within 14 Business Days from the date of the request.
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The Customer is in particular obliged to:
a. provide only true, current and complete Customer information in Orders and registration forms when creating a Customer Account;
b. update the data, including personal data, provided by the Customer to the Seller in connection with entering into an agreement for the provision of Services or an Agreement, in particular to the extent necessary for their proper performance; the Customer has access to their data and may modify the data entered when creating the Customer Account, including discontinuing their processing, at any time using the options available within the Customer Account in accordance with the Privacy Policy;
c. use the Services in a manner that does not interfere with the operation of the Seller or the Online Store;
d. use the Services in accordance with applicable law, the provisions of these Terms and Conditions, as well as generally accepted practices and principles of social coexistence applicable in the relevant context;
e. use the Services in a manner that is not burdensome to other Customers or the Seller;
f. pay the Price and other costs agreed between the Customer and the Seller on time;
g. not provide or transmit through the Store any Content prohibited by applicable law, in particular Content infringing third-party economic copyrights or personal rights;
h. refrain from activities such as:
i. sending or posting unsolicited commercial information in the Online Store or posting any Content that violates applicable law (prohibition on posting unlawful content);
ii. undertaking IT activities or any other activities intended to obtain information not intended for the Customer, including data of other Customers;
iii. unauthorized modification of Content provided by the Seller, in particular Prices or Product descriptions presented within the Online Store.
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The Seller may deprive the Customer of the right to use the Online Store and may also immediately restrict the Customer's access to some or all of the Online Store's resources in the event of a breach of these Terms and Conditions or activities referred to in point 20(h) above, and in particular where the Customer:
a. provided false, inaccurate or outdated information during registration in the Online Store that was misleading or infringed the rights of third parties;
b. infringed the personal rights of third parties through the Online Store, in particular the personal rights of other Online Store Customers;
c. engaged in other conduct which the Seller considers inconsistent with applicable law or generally accepted principles governing the use of the Internet, or which harms the good name of the Seller.
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A person who has been deprived of the right to use the Online Store may not register again without the Seller's prior consent.
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In order to ensure the security of the transmission of communications and data in connection with the Services provided through the Online Store, the Seller takes technical and organizational measures appropriate to the level of risk to the security of the Services, in particular measures intended to prevent unauthorized persons from obtaining or modifying personal data transmitted over the Internet.
§ 5
SAFETY OF GOODS
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The Seller declares that all hygiene products offered in the Online Store comply with applicable laws and meet requirements concerning safety, composition and use.
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Depending on the legal classification of a particular product, hygiene products may be subject to different legal regulations, including:
a. Regulation (EU) 2017/745 of the European Parliament and of the Council on medical devices (MDR) — if the product meets the definition of a medical device and is intended for preventive, diagnostic or therapeutic purposes;
b. the Act of 12 December 2003 on General Product Safety (Journal of Laws of 2021, item 222) — if the product is not classified as a medical device but as a consumer product and is therefore subject to general product-safety provisions.
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The Seller ensures that hygiene products offered in the Online Store originate from reputable manufacturers and are manufactured in accordance with applicable quality and safety standards, including ISO standards and standards applicable to products that come into direct contact with mucous membranes and skin.
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In the case of products classified as medical devices, the Seller undertakes to make the complete product documentation available to the Customer, including:
a. information concerning compliance with the MDR;
b. certificates confirming compliance with legal requirements;
c. instructions for use;
d. contraindications and possible side effects;
e. information concerning cleaning, maintenance and safe storage.
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In the case of products that are not medical devices, the Seller informs Customers of all material aspects related to their safety, including:
a. material composition;
b. potential risk of allergic reactions;
c. recommendations concerning use and hygiene;
d. the method of storing the product in order to preserve its functional properties.
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The Seller stipulates that the absence of information concerning composition, dermatological testing or the safety of materials used in production may result in claims from Customers in the event of allergic reactions, irritation or other adverse effects resulting from use of the product. Therefore, the Seller makes every effort to ensure that the products offered are fully safe and comply with applicable standards.
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When purchasing hygiene products in the Online Store, the Customer should each time read the product description, its composition and the recommendations concerning its use. If the Customer has any doubts concerning the method of use or safety of a particular product, the Customer may contact the Seller to obtain additional information.
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If adverse reactions occur, such as irritation, allergy, discomfort or other health problems related to the use of the purchased product, the Customer should immediately discontinue its use and consult a physician. The Seller shall not be liable for effects resulting from the Customer's individual bodily reactions to the ingredients of the product.
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The Seller shall not be liable for damage resulting from improper use of hygiene products, in particular:
a. use of the product contrary to the instructions for use;
b. use of the product by persons for whom its use is not recommended;
c. storing the product under conditions that may affect its functional properties;
d. failure to comply with personal hygiene rules associated with use of the product.
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The Seller stipulates that the Customer should comply with the safety rules provided by the manufacturer and that all information provided by the Seller is for informational purposes only and does not replace specialized medical advice. All decisions concerning the use of hygiene products should be made in accordance with the recommendations of a physician or other healthcare professionals.
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In the event of doubts concerning the legal classification of a particular product, the Seller undertakes to carry out an additional verification and provide the Customer with information concerning its compliance with applicable legal regulations. If the product is classified as a medical device, the Seller will provide relevant documentation confirming its status and information concerning its use in accordance with the MDR.
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If a particular hygiene product is found not to comply with applicable legal requirements concerning composition, safety or certification, the Seller shall immediately take measures to remove it from the offer and inform Customers of the potential risk associated with its use.
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The Seller declares that all information concerning hygiene products is reliable and consistent with the current state of knowledge. In the event of changes to regulations concerning the safety of hygiene products, the Seller undertakes to keep product descriptions up to date and adapt the offer to applicable legal standards.
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All complaints concerning the quality, safety or composition of hygiene products shall be considered in accordance with the complaint procedure specified in these Terms and Conditions. The Customer has the right to submit a complaint if they believe that the purchased product does not meet safety standards or differs from the description provided in the Online Store.
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The Seller reserves the right to periodically update the list of hygiene products offered in order to adapt the assortment to the latest legal and technological requirements and Customer expectations. All changes concerning the composition, certification or safety of products shall be communicated to Customers in a transparent and unambiguous manner.
§ 6
COMPLIANCE WITH PRODUCT SAFETY REQUIREMENTS (GPSR)
The Product meets the requirements of Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (GPSR), which sets out rules for placing safe products on the market and procedures for eliminating or reducing risks associated with their use. The Product has been designed and manufactured in accordance with applicable standards and subjected to safety-assessment procedures, thereby ensuring the protection of users' health and interests.
The Manufacturer has carried out a detailed risk analysis, identifying potential hazards resulting from use of the Product and implementing appropriate corrective measures aimed at eliminating or reducing them. The Product is made of high-quality USP Class VI medical-grade silicone compliant with EN ISO 10993, which confirms its biocompatibility and absence of toxic and allergenic substances. The choice of this material ensures safe use of the Product even over an extended period, reducing the risk of allergic reactions and mucosal irritation.
The Product meets the labeling and consumer-information requirements arising from Regulation (EU) 2023/988. The Product packaging contains all necessary information, including the manufacturer's name, batch/lot number, graphical symbols concerning use, storage instructions and information on proper disposal. In addition, the Product is accompanied by instructions for use describing in detail how to insert, remove, clean and store the Product, as well as important warnings concerning its use.
For safety reasons, the user is required to use the Product in accordance with its intended purpose and to comply with the rules specified in the instructions for use. In particular, the user should remember to:
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observe hygiene rules, including thoroughly washing their hands before and after each insertion of the Product and regularly cleaning and sterilizing the menstrual disc;
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limit the duration of use — the Product should not be used for more than 12 consecutive hours, as this may lead to bacterial growth and an increased risk of infection;
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store the Product properly — the menstrual disc should be kept in a dry and shaded place, away from direct sunlight and sources of heat that may cause degradation of the material.
§ 6
LIMITATION OF LIABILITY FOR IMPROPER USE
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The Seller shall not be liable for damage resulting from improper use of products offered in the Online Store, in particular use contrary to the intended purpose, instructions for use, manufacturer's recommendations or applicable law. The Customer is obliged to carefully read the information concerning the method of use, contraindications and safety rules before first using the purchased product.
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The Seller shall not be liable if the Customer:
a. fails to comply with personal hygiene rules when using hygiene products, which may result in irritation, infections or other health problems;
b. uses a product after its expiry date, in a damaged condition or showing signs of wear, which may lead to ineffectiveness or health risks;
c. uses a product contrary to its intended purpose, e.g. uses a reusable product as a disposable product or vice versa;
d. fails to take into account individual health contraindications, allergies or hypersensitivity to the materials from which the product is made, despite the Seller having exercised due diligence to include relevant warnings in the product description;
e. fails to consult a physician concerning use of the product where there are individual doubts regarding its safe use, in particular in the case of products intended to come into contact with mucous membranes;
f. fails to store the product in accordance with the manufacturer's recommendations, which could affect its properties and safety of use.
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The Seller ensures that the products offered in the Online Store meet the safety requirements specified in Regulation (EU) 2023/988 on general product safety (GPSR) and other applicable legislation governing product safety and quality. The Seller makes every effort to ensure that products comply with certification requirements and have the appropriate certificates, but responsibility for their proper use rests with the Customer.
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If it is determined that a particular product does not meet the safety requirements specified in the GPSR, the Seller shall take all necessary measures to ensure product compliance, including:
a. withdrawing it from the market if there is a justified risk to health or life;
b. informing Customers of possible risks resulting from use of the product;
c. reporting the issue to the relevant market-surveillance authorities if required by law;
d. enabling the product to be returned if it is found not to meet the safety standards specified in applicable law.
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The Seller shall not be liable for indirect damage, lost profits or other consequences resulting from improper use of products by the Customer unless such consequences result from the Seller's intentional fault or gross negligence.
Any claims arising from improper use of a product shall be considered individually; however, the Customer is required to demonstrate that the product was used in accordance with the instructions for use and that the damage resulted from a defect in the product rather than improper use.
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If the purchased product is subject to additional safety regulations arising from national or EU standards, the Seller shall make every effort to provide the Customer with complete documentation concerning its certification and required precautionary measures. Nevertheless, the Customer is responsible for ensuring that the product meets their individual needs and is used in accordance with its intended purpose.
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The Seller shall not be liable for any allergic reactions, irritation or other health effects resulting from use of products if the products conform to their declared composition and have undergone the necessary safety tests. A Customer who has doubts concerning their tolerance of a particular material or ingredient should consult a specialist before using the product.
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In the case of hygiene products which, pursuant to the GPSR and other legislation, cannot be returned for health and hygiene reasons, the Seller reserves the right to refuse to accept a return of a product that has been opened or used, unless the return results from a justified complaint concerning a product defect.
The return of the product shall only be accepted provided that the disc packaging is intact, factory-sealed and complete (i.e. original, undamaged packaging with the perforation intact), and the Customer has previously sent the required documents (in accordance with point 6 of § 11).
Returns should be sent to:
The Future is Hers sp. z o.o.
ul. Śląska 47a/13
70-340 Szczecin
hello@hibestie.eu
The cost of the return shall be borne by the Customer.
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The Customer is obliged to comply with all instructions and recommendations concerning use of the product, including periodically replacing reusable products in accordance with the manufacturer's recommendations. The Seller shall not be liable for damage resulting from excessive use of a product beyond its recommended period of use.
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The Customer acknowledges that hygiene products sold in the Online Store may be subject to different legal regulations depending on whether they are classified as medical devices or general-use products. If there are doubts concerning the legal status of a particular product, the Customer may contact the Seller for detailed information concerning its certification and legal requirements.
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The Seller reserves the right to update and modify these provisions in the event of changes to laws concerning product safety or the introduction of new certification standards affecting the manner in which Customers use the products.
§ 7
PROCEDURE FOR CONCLUDING AN AGREEMENT
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In order to conclude a sales Agreement through the Online Store, the Customer should visit www.hibestie.pl and select the Product by taking the successive technical steps based on the messages displayed to the Customer and information available on the website.
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Customers may place Orders in the Online Store via the Store Website or e-mail seven days a week, 24 hours a day.
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A Customer placing an Order is required to provide true, complete and current personal and contact details, in particular their first and last name, delivery address, e-mail address and telephone number. The Seller shall not be liable for consequences resulting from the Customer providing incorrect, incomplete or outdated information, including delays in processing the Order, inability to deliver the Order or inability to contact the Customer. If the Seller determines that the information provided is false or incorrect, the Seller reserves the right to cancel the Order.
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A Customer placing an Order through the Online Store completes the Order by selecting the Product they are interested in. A Product is added to the Order by selecting the “ADD TO CART” option displayed below the relevant Product in the Online Store.
After completing the entire Order and selecting the Delivery method and payment method in the Cart, the Customer places the Order by submitting the Order form to the Seller by selecting the “I BUY AND PAY” button in the Online Store.
Before each Order is sent to the Seller, the Customer is informed of the total Price for the selected Product and Delivery, as well as all additional costs the Customer is required to bear in connection with concluding the Agreement.
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If, after an Order has been placed, it turns out that the Product is unavailable, the Seller shall immediately inform the Customer electronically or by telephone. The Customer may:
a. agree to an extended Order processing time;
b. select another available Product with similar parameters and value;
c. cancel the Order and receive a refund of the amount paid within 7 Business Days from the date of cancellation of the Order.
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The Customer may order one or more Products from those offered in the Online Store. If the Customer intends to purchase a larger quantity of the same Product as part of one transaction, the Customer shall be informed immediately after placing the Order of any quantitative restrictions on purchasing the same Product within one transaction.
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During the Order process — until the “I BUY AND PAY” button is pressed — the Customer may modify the information entered and their Product selection. To do so, the Customer should follow the messages displayed to them and the information available in the Online Store.
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After the Customer using the Online Store has provided all necessary information, a summary of the Order will be displayed. The Order summary shall contain information concerning:
a. the subject matter of the Order;
b. the unit and total Price of the Products ordered, including Delivery costs and any additional costs, if applicable;
c. the selected Delivery method;
d. the selected payment method.
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The Customer may apply a discount to an Order by using a previously received discount code (coupon) in the Cart. More than one discount code may not be used for a single Order. Discount codes may not be exchanged for their cash equivalent.
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Acceptance of the Terms and Conditions is required in order to submit an Order. Once the Buyer has confirmed their Order, the Buyer shall be deemed to have knowingly accepted the subject matter and terms of performance of that Order, including their obligation to pay the Price resulting from the Order, as well as the Price, size, characteristics, quantity and delivery date of the Products offered by the Seller and ordered by the Buyer.
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Submission of an Order by the Customer constitutes a declaration of intent to conclude an Agreement with the Seller in accordance with the provisions of these Terms and Conditions.
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After placing an Order, the Customer receives an e-mail containing final confirmation of all material elements of the Order. The Agreement shall be deemed concluded when the Customer receives that e-mail.
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The sales Agreement between the Customer and the Seller is concluded when the Seller sends a message to the e-mail address provided by the Customer confirming acceptance of the Order for processing.
The mere placement of an Order by the Customer does not constitute conclusion of a sales Agreement. The Seller reserves the right to refuse to process an Order, in particular in the event of:
-
lack of Product availability;
-
system errors in the Online Store affecting the Price or Product description;
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previously unpaid obligations of the Customer towards the Seller; or
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suspected bad-faith conduct.
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The Seller shall not be liable for an incorrect e-mail address or failure to receive the e-mail containing information confirming or dispatching the Order. In every case where the Buyer places an Order, the sale shall be considered final.
-
If the Customer selects payment by traditional bank transfer, the Customer is required to make the payment within 3 Business Days from the date of conclusion of the sales Agreement. If the payment is not credited to the Seller's account within that period, the Order shall be automatically cancelled. All fees associated with making the transfer shall be borne by the Customer.
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By accepting these Terms and Conditions, the Customer consents to being provided with an invoice in electronic form for viewing and download.
The electronic invoice shall be made available to the e-mail address provided by the Customer when placing the Order, and the Customer is responsible for providing that address correctly.
The Seller shall make every effort and apply appropriate technical measures to ensure that the electronic invoice is made available securely. The Seller shall not be liable for consequences resulting from the Customer's failure to comply with security rules and reserves the right to change the file format and method of making electronic invoices available, as well as to introduce other technical changes in this regard.
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A Customer placing an Order by telephone shall use the telephone number provided by the Seller for this purpose. During the telephone conversation, the Customer specifies the Product, quantity, Delivery address and method, and payment method. The Customer also provides, at their choice, an e-mail or correspondence address for confirmation of the proposed Agreement and the Order, should an Agreement be concluded between the Customer and the Seller.
During the telephone conversation, the Seller informs the Customer of the total Price of the selected Products, the total cost of the selected Delivery method and all additional costs that the Customer would be required to bear if the Agreement were concluded.
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The Seller confirms to the Customer the content of the proposed Agreement, recorded — at the Customer's choice — on paper or in electronic form, with such confirmation taking place before the Agreement is concluded.
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The Customer's declaration of intent to conclude the Agreement, made after receiving the confirmation referred to in point 18 above, is recorded on paper or another Durable Medium.
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After concluding a sales Agreement by telephone, the Seller shall send, on a Durable Medium, to the e-mail or correspondence address provided by the Customer, information confirming the terms of the Agreement. The confirmation shall include, in particular, identification of the Product constituting the subject matter of the Agreement, its Price, the Delivery cost and information concerning all other costs the Customer is required to bear in connection with the Agreement.
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A Customer placing an Order by e-mail shall send it to the e-mail address provided by the Seller. In the message sent to the Seller, the Customer shall specify in particular the name of the Product, its colour and quantity from among the Products presented in the Online Store, as well as their contact details.
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After receiving the message referred to in point 21 above from the Customer electronically, the Seller shall send the Customer a reply by e-mail containing the Seller's registration details, the Price of the selected Products, available payment methods, the Delivery method and its cost, as well as information concerning all additional payments the Customer would have to make under the Agreement.
The message shall also inform the Customer that concluding the Agreement by e-mail entails an obligation to pay for the ordered Product. Based on the information provided by the Seller, the Customer may place an Order by sending an electronic message to the Seller and specifying the selected payment method and Delivery method.
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Placing an Order constitutes the Customer's offer to the Seller to conclude a sales Agreement for the Products covered by the Order.
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After the Order has been placed, the Seller shall send confirmation of its acceptance to the e-mail address provided by the Customer. The confirmation of acceptance of the Order constitutes the Seller's declaration accepting the offer referred to in point 23 above, and the Agreement is concluded when the Customer receives such confirmation.
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After the Agreement has been concluded, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or when placing the Order.
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If the Customer does not receive confirmation of the Order within 24 hours of placing it, the Customer should immediately contact the Seller by e-mail or telephone in order to verify the status of the Order.
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The Seller reserves the right to cancel an Order and refuse to process subsequent Orders if:
a. the Customer previously failed, without justified reason, to collect a cash-on-delivery shipment;
b. the Customer failed to pay for previous Orders;
c. there is a justified suspicion that the Order was placed for a purpose other than the Customer's personal use, e.g. for resale of Products without the Seller's consent.
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The Seller reserves the right to refuse to process an Order if its value or the quantity of Products ordered exceeds standard consumer needs. In particular, the Seller may refuse to process an Order if there is a justified suspicion that it was placed for speculative purposes or for resale of Products without the Seller's consent.
§ 8
PRICES
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The Prices presented in the Store include all applicable taxes and fees, including VAT, and are stated in Polish zloty.
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The Prices are final and do not change during the Order process unless otherwise provided for in these Terms and Conditions.
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The Seller makes every effort to ensure that the Prices presented in the Store are current and accurate. However, if an error occurs in the designation of a Price, the Seller shall immediately inform the Customer of the situation. In such a case, the Customer has the right to decide whether to accept the corrected Price or withdraw from the Order without incurring any costs.
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Product Prices do not include shipping costs unless expressly stated otherwise. Delivery costs are displayed on the Store website during the Order process, including immediately before the Customer confirms and finally submits the Order.
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The total value of an Order consists of the Product Price, shipping costs and any other additional costs resulting from optional services selected by the Customer.
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The Seller may, for a period selected at its discretion, establish a minimum Order value above which Product delivery will be free of charge. Information about such a promotion shall each time be provided on the Store website.
-
Promotions available in the Store may not be combined unless the separate terms and conditions of a particular promotion expressly provide otherwise.
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Detailed terms and conditions of promotions, discounts, reductions and loyalty programmes shall be specified in separate terms and conditions made available to Customers on the Store website.
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The Seller undertakes to provide information about Price reductions in accordance with applicable law, including indicating the lowest Price applicable during the 30-day period preceding the introduction of the reduction.
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The lowest Price from the preceding 30 days shall be presented in a transparent manner for the Customer, in a place and form that does not create doubts as to the nature of this information.
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If a Product is offered for sale for less than 30 days, the Seller undertakes to provide information about the lowest Price applicable from the date on which the Product was first offered for sale until the date on which the reduction was introduced (the “lowest Price since the Product was introduced”).
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The Seller declares that its activities concerning the setting and presentation of Prices are not intended to circumvent the provisions of the Act on Price Information and Consumer Rights Protection.
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The Seller undertakes to inform Customers transparently about all Price changes and about discount mechanisms, loyalty programmes and marketing campaigns affecting the Price of a Product.
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In the case of temporary promotions or Price reductions, information concerning the duration of the relevant promotion shall each time be displayed in a visible place on the Store website.
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All marketing campaigns conducted by the Seller shall specify the type of price advantage being used, e.g. by referring to previous Prices, fixed-amount or percentage discounts, or discount-calculation mechanisms.
§ 9
PAYMENTS
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The Customer may choose the following payment methods for ordered Products:
a. bank transfer to the Seller's bank account (in this case, processing of the Order shall begin after the Seller sends the Customer confirmation of acceptance of the Order and after the funds have been credited to the Seller's bank account):
93 1140 2004 0000 3002 8142 1491
b. payment card or bank transfer through the external PayU payment system operated by PayU S.A., with its registered office in Poznań, address: ul. Grunwaldzka 186, 60-166 Poznań, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000274399, with registration files maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, with share capital of PLN 4,000,000 fully paid up, NIP: 779-23-08-495. Accepted cards include VISA and Mastercard (in this case, processing of the Order shall begin after the Seller sends the Customer confirmation of acceptance of the Order and after receiving information from the PayU system that the payment has been successfully completed).
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The Customer is required to make payment for the Order in full, in the amount resulting from the concluded Agreement, within 7 Business Days from the date of its conclusion, unless a different payment deadline is specified for the relevant payment method.
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Within the deadline specified in point 2 above, the Customer may also cancel the Order without consequences. This does not affect the Customer's right to withdraw from the Agreement under the terms specified in these Terms and Conditions and generally applicable law.
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If the Customer fails to make payment within the period referred to in point 2, the Seller shall grant the Customer an additional payment period and inform the Customer thereof on a Durable Medium. The information concerning the additional period shall also contain a warning that, after its unsuccessful expiry, the Seller will be entitled to withdraw from the Agreement.
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If the second payment deadline expires without payment, the Seller shall send the Customer, on a Durable Medium, a declaration of withdrawal from the Agreement pursuant to Article 491 of the Civil Code. Withdrawal from the Agreement results in cancellation of the Order and the Seller's release from the obligation to fulfil it.
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All payments made by the Customer must originate from lawful sources and be made in accordance with applicable law.
§ 10
ORDER PROCESSING TIME
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The total waiting time for the Customer to receive a particular Product (Delivery time) consists of the time required by the Seller to prepare the Order for dispatch and the time required by the Delivery provider to deliver the Product.
The Seller's Order preparation time is calculated from the conclusion of the Agreement until dispatch of the shipment containing the Product and is a maximum of 14 Business Days, unless a different period is specified in the description of the relevant Product or during the Order process.
The above period must be supplemented by the Delivery time of the relevant Delivery provider, which depends on the Delivery method selected by the Customer.
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The Order processing time depends on the Delivery method selected by the Customer. The average delivery time provided by the Delivery provider is:
a. DHL courier — usually 1–2 Business Days from dispatch;
b. DPD courier — usually 1–2 Business Days from dispatch;
c. InPost courier — usually 1–2 Business Days from dispatch;
d. InPost Parcel Lockers — usually 1–2 Business Days from dispatch;
e. international shipment — the Delivery time depends on the destination country and the terms and conditions of the selected carrier.
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If the Order processing time is extended, the Seller shall inform the Customer by e-mail sent to the address provided by the Customer when placing the Order, indicating the extent of the extension.
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The Seller informs Customers on the Store website of temporary restrictions affecting Product delivery before the Agreement is concluded.
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Delivery costs shall be borne by the Customer unless otherwise provided by these Terms and Conditions or by the specific terms of a Promotion.
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Products ordered in the Online Store are delivered within the territory of the Republic of Poland.
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At the Customer's express request, Products may be delivered to all European Union countries and to non-European countries. Detailed Delivery rules shall be determined by the terms and conditions of transport services applied by the courier or postal service. The Customer shall bear all costs associated with such Delivery, including customs duties and other necessary charges. The Seller shall make every effort to protect international shipments and individual Products against damage as accurately and properly as possible.
-
The Customer is obliged to collect the ordered Products.
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The Customer should inspect the delivered shipment at the time and in the manner customary for shipments of that type, in the presence of the courier. If any shortage or damage to the shipment is found, the Customer has the right to refuse to accept it and request that the courier immediately prepare a damage/complaint report. The Seller should be informed of the complaint report at the e-mail address specified in these Terms and Conditions.
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If a shipment delivered to an InPost Parcel Locker is damaged, the parcel should be left in the locker or taken to the nearest InPost point in order for a complaint report to be prepared. The Seller should be informed of the complaint report at the e-mail address specified in these Terms and Conditions.
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The ordered Product shall be released to the Customer who placed the Order or to a person authorised by the Customer. The Seller may require the person collecting the Product to present an identity document or written authorisation to collect the Product. Such authorisation may also be sent to hello@hibestie.eu.
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If a shipment ordered by the Customer for personal collection is not collected within 14 days from the date on which the shipment was prepared, the Order shall be cancelled. The Seller shall refund the payment using the same payment method used by the Customer within 14 Business Days.
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If the Customer provides an incorrect or inaccurate delivery address, the Seller shall not be liable for non-delivery or delay in dispatch of the Order.
-
If the following Delivery providers are selected:
a. InPost Paczkomaty Sp. z o.o., with its registered office in Kraków — the Delivery address shall be the address of the Parcel Locker selected by the Customer when placing the Order;
b. InPost courier — the Delivery address shall be the address specified by the Customer when placing the Order. Delivery shall be made by an InPost courier to the indicated address;
c. DHL courier — Delivery shall be made to the address specified by the Customer when placing the Order. If the Customer is absent, the courier shall leave a notification or contact the Customer by telephone in order to arrange a new delivery date;
d. DPD courier — Delivery shall be made to the address specified by the Customer when placing the Order. If the Customer is absent, the courier shall leave a notification or attempt to contact the Customer by telephone in order to arrange a delivery date;
e. the Customer is obliged to provide the correct Delivery address and monitor the shipment status in accordance with information provided by the selected Delivery provider.
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After an Order has been placed and paid for, Products may not be added to or exchanged within the Order.
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At the Customer's request, the Seller shall include with the shipment constituting the Delivery either a receipt or a VAT invoice covering the delivered Products.
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On the day the Product is dispatched to the Customer, the Seller shall send information confirming dispatch to the Customer's e-mail address provided when placing the Order.
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If the Customer is absent from the Delivery address specified when placing the Order, the Delivery provider's employee shall leave a notification or attempt to contact the Customer by telephone in order to arrange a delivery date in accordance with the relevant Delivery provider's terms and conditions.
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If the ordered Product is returned to the Online Store by the Delivery provider because the Customer failed to collect the shipment, the Seller shall contact the Customer electronically or by telephone to arrange a new Delivery date and determine the Delivery cost.
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If the Customer fails to collect the ordered Product delivered to an InPost Parcel Locker or another collection point within the period specified by the Delivery provider, the Product shall be returned to the Online Store. The Seller shall contact the Customer to arrange a new Delivery date and determine the Delivery cost.
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If the Customer again fails to collect the Product, the Seller may withdraw from the Agreement and cancel the Order, refunding the payment less Delivery costs and any return costs incurred by the Seller.
§ 11
WITHDRAWAL FROM THE AGREEMENT
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These provisions specify the rules and procedure for withdrawing from an Agreement concluded remotely or outside the Seller's business premises and apply both to Consumers and to Entrepreneurs with Consumer rights, i.e. natural persons entering into an Agreement directly related to their business activity where the content of the Agreement indicates that the Agreement is not of a professional nature for that person, arising in particular from the subject of their business activity disclosed pursuant to the provisions on the Central Register and Information on Business Activity.
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Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2024, item 1796, as amended), the Consumer has the right to withdraw from the Agreement without giving any reason within 14 days from the date on which the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the Product.
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In the case of an Agreement covering more than one Product delivered separately, in batches or in parts, the withdrawal period begins on the date on which the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the last Product, batch or part constituting fulfilment of the Agreement.
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In the case of an Agreement providing for regular delivery of Products for a specified period, the withdrawal period begins when the Consumer takes possession of the first Product delivered under the Agreement.
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The Consumer also has the right to withdraw from Agreements for the supply of Digital Content unless the conditions referred to in Article 38(13) of the Consumer Rights Act have been fulfilled, i.e. the Consumer has not given prior consent for performance to begin before the expiry of the withdrawal period and has not been informed of the loss of the right of withdrawal.
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In order to meet the withdrawal deadline, it is sufficient to send the declaration before the deadline expires.
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In order to exercise the right of withdrawal, the Consumer is required to submit an unequivocal declaration of withdrawal from the Agreement BEFORE SENDING THE RETURNED PRODUCT, including the reason for the return, in a manner enabling the Seller to become acquainted with its contents. The declaration may, at the Consumer's choice, be sent:
a. in writing to the Seller's registered office:
The Future is Hers sp. z o.o.
ul. Śląska 47a/13
70-341 Szczecin
hello@hibestie.eub. electronically to the Seller's e-mail address: hello@hibestie.eu;
c. by completing and submitting the withdrawal form made available on the Seller's Online Store website.
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In the case of returns of discs and data storage media, the condition for accepting the return is that the Product is delivered intact, with the manufacturer's factory-sealed, undamaged packaging. If the packaging has been opened or damaged, the Product cannot be returned.
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The payment shall be refunded immediately, no later than within 14 days from the date on which the Consumer's declaration of withdrawal from the Agreement is received. However, the Seller may withhold the refund until it receives the returned Product or until the Consumer provides proof that the Product has been sent back, whichever occurs first.
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The refund shall be made using the same payment method used by the Consumer for the original transaction, unless the Consumer has expressly agreed to another method of refund that does not involve additional costs for the Consumer.
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The Consumer is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Agreement. The deadline is met if the shipment is sent before the deadline expires.
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The Consumer bears the direct costs of returning the Product unless the Seller has agreed to cover them or such obligation follows from applicable law.
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The Consumer shall be liable for any reduction in the value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product.
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The Seller has the right to refuse to accept a return if the Product shows signs of use, has been damaged or is incomplete.
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The Consumer does not have the right to withdraw from Agreements:
a. for the provision of services, if the Seller has fully performed the service with the Consumer's express consent and the Consumer was informed before performance began that they would lose the right of withdrawal after the service was fully performed;
b. where the subject matter is a Product manufactured according to the Consumer's special order or adapted to the Consumer's individual needs;
c. where the subject matter is a Product that deteriorates rapidly or has a short shelf life;
d. where the subject matter is a Product supplied in sealed packaging which cannot be returned after opening for reasons of hygiene or health protection;
e. for the supply of Digital Content not supplied on a tangible medium, if performance has begun with the Consumer's consent and after the Consumer was informed of the loss of the right of withdrawal.
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In the case of Consumers who are Entrepreneurs with Consumer rights, the provisions concerning the right of withdrawal shall apply accordingly.
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The Seller reserves the right to withdraw from the Agreement if the Customer fails to collect the ordered Product and fails to make contact for a period of 7 Business Days, making performance of the Agreement impossible.
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Any questions concerning the withdrawal procedure may be sent to: hello@hibestie.eu.
§ 12
COMPLAINT PROCEDURE
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These provisions apply both to Consumers and to Entrepreneurs with Consumer rights, i.e. natural persons entering into an Agreement directly related to their business activity where the content of the Agreement indicates that the Agreement is not of a professional nature for that person, arising in particular from the subject of their business activity disclosed pursuant to the provisions on the Central Register and Information on Business Activity.
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The Seller is obliged to deliver Products to Customers that comply with the Agreement. The Seller shall be liable for any lack of conformity of the Product with the Agreement existing at the time of delivery and revealed within two years from that time, pursuant to Chapter 5a of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2024, item 1796, as amended).
It shall be presumed that a lack of conformity of the Product with the Agreement revealed within two years from delivery existed at the time of delivery unless proven otherwise or unless such presumption is incompatible with the nature of the Product or the nature of the lack of conformity.
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If the Product does not comply with the Agreement, the Customer may submit a complaint concerning the Product by sending a message to the Seller's e-mail address: hello@hibestie.eu, or in writing to:
The Future is Hers sp. z o.o.
ul. Śląska 47a/13
70-341 Szczecin
hello@hibestie.eu-
In order to facilitate and accelerate consideration of the complaint, the complaint should include information concerning the reasons for the complaint, the Customer's request and information enabling identification of the Customer and the Product, such as the Order number, Product purchase date, Customer's first and last name, address and e-mail address. Proof of purchase, such as a copy of an invoice or receipt, should be provided together with the complaint.
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The Seller shall consider complaints within 14 Business Days from the date of receipt and inform the Customer of the outcome. If the data or information provided in the complaint requires supplementation, the Seller shall ask the Customer to provide the missing information before considering the complaint.
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The Customer may request that the Product be repaired or replaced with a new Product that complies with the Agreement.
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The Seller shall repair or replace the Product within a reasonable period from the time the Seller is informed by the Customer of the lack of conformity and without excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it. The costs of repair or replacement, including in particular postage, transport, labour and materials, shall be borne by the Seller.
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If the Product does not comply with the Agreement, the Customer may declare a reduction in the Price or withdraw from the Agreement if:
a. the Seller has refused to bring the Product into conformity with the Agreement;
b. the Seller has failed to bring the Product into conformity with the Agreement within a reasonable time;
c. the lack of conformity continues despite the Seller having attempted to bring the Product into conformity with the Agreement;
d. the lack of conformity is sufficiently significant to justify a reduction in the Price or withdrawal from the Agreement without first using the remedies specified in point 6 above;
e. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity within a reasonable time or without excessive inconvenience to the Customer.
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The reduced Price must remain in the same proportion to the Price resulting from the Agreement as the value of the Product that does not comply with the Agreement bears to the value of a compliant Product.
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The Seller shall refund the Customer the amounts due as a result of exercising the right to a Price reduction immediately, no later than within 14 Business Days from the date of receipt of the Customer's declaration of Price reduction.
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The Customer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant.
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In the event of withdrawal from the Agreement, the Customer is obliged to return the Product to the Seller's address specified in point 3 above at the Seller's expense.
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The refund shall be made using the same payment method used by the Customer, unless the Customer has expressly agreed to another refund method that does not involve any costs for the Customer.
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The Seller shall not be liable where the Product has been damaged as a result of improper use by the Customer or failure to comply with maintenance, storage or installation requirements, where applicable.
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The Seller shall not be liable for a lack of conformity of the Product with the Agreement resulting from force majeure, including natural disasters, fires, floods, telecommunications network failures or other events beyond the Seller's control.
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The Seller shall not be liable where Products offered for sale do not meet the Customer's individual expectations concerning characteristics that were not declared by the Seller in the Product description.
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The Customer also has the right to pursue claims before a court. The territorial jurisdiction of the court shall be determined in accordance with generally applicable law.
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All matters not regulated by this complaint procedure shall be governed by the Consumer Rights Act, the Civil Code and other generally applicable laws.
§ 13
COMPLAINT PROCEDURE CONCERNING ELECTRONIC SERVICES
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The Seller, with the assistance and support of the service administrator, takes measures to ensure the proper operation of the Online Store to the extent resulting from current technical knowledge and undertakes to remedy, within a reasonable period, any irregularities reported by Customers. The Seller exercises due diligence to ensure continuity of electronic services and minimize the risk of errors and technical failures.
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The Customer is obliged to immediately inform the Seller of any irregularities, technical errors or interruptions in the operation of the Online Store that affect the use of electronic services. In particular, the Customer should report any problems preventing the placement of Orders, use of the Customer Account, making payments or accessing other Online Store functionalities.
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A complaint concerning electronic services may be submitted electronically to hello@hibestie.eu or in writing to the Seller's correspondence address:
The Future is Hers sp. z o.o.
ul. Strzelecka 16/8
70-381 SzczecinIn order to facilitate consideration of the complaint, the Customer should provide a detailed description of the problem, the date and time when it occurred and, if possible, attach screenshots or other evidence illustrating the technical problem.
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In the complaint, the Customer should provide their first and last name, correspondence address, e-mail address used during registration in the Online Store (if applicable), as well as a detailed description of the irregularity related to the operation of the Online Store, including the circumstances in which it occurred and any suggestions for resolving the problem.
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The Seller undertakes to consider the complaint without undue delay, but no later than within 14 Business Days from the date of receipt. If the complaint requires additional information or clarification, the Seller may ask the Customer to provide it, which may extend the time required to consider the complaint. In such a case, the 14-Business-Day period shall be calculated from the date on which the Seller receives the complete complaint.
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The Seller shall inform the Customer of the outcome of the complaint in the same form in which the complaint was submitted, unless the Customer expressly indicates another preferred form of contact.
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If the complaint is accepted as justified, the Seller shall take appropriate corrective measures, including, among other things, removing the reported irregularities, restoring the functionality of the Online Store, implementing system fixes or taking other measures aimed at ensuring proper operation of the service.
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The Seller shall not be liable for technical problems related to the operation of the Online Store that result from causes attributable to the Customer, such as malfunctioning computer hardware or software, lack of Internet access, problems resulting from browser configuration or the operation of software blocking service functions.
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If technical problems prevent the Customer from effectively using the services of the Online Store, the Seller shall exercise due diligence to indicate an alternative method of resolving the problem, e.g. placing an Order in another available form, by telephone or e-mail.
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Any disputes arising from complaints concerning electronic services may be resolved amicably, including through mediation or out-of-court consumer dispute-resolution methods. The Customer may also use the ODR platform available at: https://ec.europa.eu/consumers/odr.
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If it is not possible to resolve the problem through the complaint procedure, the Customer has the right to pursue claims before a court in accordance with the applicable provisions of Polish law.
§ 14
PROVISIONS CONCERNING ENTREPRENEURS
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The provisions of this section apply exclusively to Customers who are not Consumers or Entrepreneurs with Consumer rights.
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The Seller shall not be liable to a Customer who is not a Consumer or an Entrepreneur with Consumer rights for any loss of or damage to the Goods occurring during transport, from the moment the Goods are handed over to the Supplier until the moment they are delivered to the Customer. The Seller shall also not be liable for any delays in the transportation of the shipment.
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A Customer who is not a Consumer or an Entrepreneur with Consumer rights is obliged, immediately after receiving the shipment, to inspect it in the manner customary for this type of delivery. If any shortage, damage or other defects in the Goods are found, the Customer is obliged to take all necessary steps to determine the Supplier's liability, in particular to prepare a damage report in the presence of the courier and to immediately notify the Seller of the situation.
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The Seller's liability towards a Customer who is not a Consumer or an Entrepreneur with Consumer rights, irrespective of its legal basis, shall be limited — both in respect of an individual claim and all claims collectively — to the amount of the price paid for the Goods and the cost of their delivery, provided that the total amount of compensation shall not exceed PLN 1,000. The Seller shall be liable exclusively for actual losses and not for the Customer's lost profits. Furthermore, the Seller shall be liable only for typical and foreseeable losses that could reasonably have been taken into account at the time the Agreement was concluded.
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In the event of a justified suspicion that the Customer is purchasing the Goods for the purpose of further resale without having first concluded an appropriate distribution agreement with the Seller, the Seller reserves the right to refuse to conclude the Agreement or cancel the Order placed. In such a case, the Seller shall inform the Customer of its decision and, if payment has already been made, shall refund the amount paid within 14 Business Days using the same payment method used by the Customer.
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The Seller reserves the right to unilaterally change the terms of sale applicable to Entrepreneurs without obtaining their prior consent, provided that such changes shall not affect Orders placed and confirmed before the new provisions enter into force.
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A Customer who is not a Consumer or an Entrepreneur with Consumer rights, by entering into an Agreement with the Seller, declares that they possess the necessary knowledge and experience concerning the relevant Goods and are making the purchase for purposes related to their professional activity. Any complaints and claims made by the Customer concerning the characteristics or use of the Goods shall be considered taking this circumstance into account.
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Any disputes arising from an Agreement concluded between the Seller and a Customer who is not a Consumer or an Entrepreneur with Consumer rights shall be subject to the jurisdiction of the court competent for the Seller's registered office.
§ 15
CUSTOMER'S LIABILITY FOR CONTENT POSTED BY THE CUSTOMER
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The Seller declares that it will verify Content posted by Customers in connection with the publication of genuine Content, in accordance with the legal requirements concerning the verification of the authenticity of reviews.
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By posting and making Content available, the Customer voluntarily disseminates such Content. The Content posted does not express the views of the Seller and should not be identified with its activities. The Seller is not a provider of Content, but merely an entity providing the appropriate ICT resources for this purpose.
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The Customer declares that:
a. they are entitled to use the economic copyrights, industrial property rights and/or related rights to, respectively, works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights constituting the Content;
b. they consent to other Customers and the Seller viewing the published Content and authorize the Seller to use such Content free of charge in accordance with the provisions of these Terms and Conditions;
c. they consent to the creation of adaptations of works within the meaning of the Act on Copyright and Related Rights.
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The Customer is not entitled to:
a. post personal data of third parties or disseminate the image of third parties without the legally required authorization or consent of the third party;
b. post advertising and/or promotional content.
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Customers are prohibited from posting Content that could, in particular:
a. be posted in bad faith, e.g. with the intention of infringing the personal rights of third parties;
b. infringe any rights of third parties, including rights relating to the protection of copyrights and related rights, industrial property rights, trade secrets, or rights connected with confidentiality obligations;
c. be offensive or constitute a threat directed at other persons, or contain language violating accepted standards of conduct, e.g. through the use of profanity or expressions commonly regarded as offensive;
d. conflict with the interests of the Seller;
e. otherwise violate the provisions of these Terms and Conditions, accepted standards of conduct, applicable law, or social or customary norms.
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The Customer consents to the Seller's free-of-charge use of Content posted by the Customer within the Online Store.
§ 16
LICENCES
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Exclusive rights to Content made available or posted within the Online Store by the Seller or its contractors, in particular copyrights to posted materials, the name of the Store (trademark), all graphic elements, graphic layout, user interface, source code of the software and database rights, are legally protected under copyright law, industrial property law and database protection regulations. These rights are owned by the Seller or by entities with which the Seller has concluded appropriate licence or rights-transfer agreements.
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The Customer acquires the right to use the Content only to the extent provided for in these Terms and Conditions and solely for the purpose of properly using the Online Store. The use of Content posted in the Online Store is permitted exclusively for the Customer's own use and may not infringe the rights of the Seller or third parties. The Customer is not entitled to copy, distribute, modify, publicly make available, rent, sell or sublicense any elements of the Content made available in the Store unless they have obtained the Seller's prior express written consent, subject to nullity of such consent if not given in writing.
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Any use of Content beyond the scope specified in these Terms and Conditions, including for commercial purposes, requires the prior express consent of the Seller or another entity entitled to the Content, given in writing under pain of nullity. Unauthorized use of Content may result in civil and criminal liability in accordance with applicable law.
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By posting any Content in the Online Store, including, among other things, graphics, comments, opinions, reviews, ratings or other statements on their Customer Account or anywhere else in the Online Store, the Customer grants the Seller a non-exclusive, royalty-free, territorially unlimited licence to use such Content. The licence includes, in particular, the right to:
a. record the Content in computer memory, ICT systems and databases;
b. change, delete, supplement, edit and modify the Content to the extent justified by the operation and development of the Online Store;
c. publicly perform, publicly make available and display the Content in the Online Store and on its social media profiles;
d. reproduce and distribute the Content, including on the Internet and in promotional and advertising materials;
e. grant sublicences to third parties to the extent justified by the performance of the Agreement or provision of Services.
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The licence granted by the Customer is irrevocable and unlimited in duration, unless the Customer expressly requests the Seller to remove specific Content. In such a case, provided that there are no other legal grounds for further processing of the Content, the Seller shall take steps to remove it within a reasonable period.
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To the extent that the Content posted by the Customer constitutes a work within the meaning of the provisions of the Act on Copyright and Related Rights, the Customer authorizes the Seller to exercise, on the Customer's behalf, the Customer's moral rights, in particular with regard to identifying authorship and creating adaptations of such Content, and also consents to changes, modifications and alterations of such works to the extent necessary for their publication in the Online Store or through other communication channels of the Seller.
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The Customer declares that they hold all rights to the Content they post and that its publication does not infringe the rights of third parties, including copyrights, intellectual property rights, personal rights or applicable law. If a third party asserts any claims against the Seller on account of infringement of such rights, the Customer undertakes to indemnify the Seller against liability and cover all costs incurred by the Seller in connection with such claim.
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The Seller reserves the right to remove Content posted by the Customer in the Online Store if such Content violates applicable law, accepted standards of conduct, the interests of the Seller or the provisions of these Terms and Conditions. In particular, the Seller may remove Content that is unlawful, offensive, vulgar, infringes the rights of third parties, constitutes spam or advertises an activity competing with the Seller.
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If there is a justified suspicion that the Customer has posted Content in the Online Store that infringes the copyrights of third parties, the Seller may temporarily block access to such Content or to the entire Customer Account until the matter has been clarified. In such a case, the Customer shall be informed of the actions taken and shall have the opportunity to present their position.
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The provisions of this section do not restrict the rights of Consumers arising from applicable law, in particular with regard to the protection of personal rights and copyrights.
§ 17
REPORTING A THREAT OR INFRINGEMENT OF RIGHTS
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If a Customer, third party or other entity considers that any Content published in the Online Store infringes their rights, including copyrights, personal rights, accepted standards of conduct, feelings, morality, beliefs, fair competition rules, trade secrets, know-how or any other rights protected by law or contractual obligations, they may report this fact to the Seller.
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A report of an infringement should contain a detailed description of the Content considered to be infringing, an indication of the specific legal provision or basis for the claim, the details of the person or entity making the report, and evidence or justification indicating that an infringement has occurred.
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A report may be submitted electronically to the Seller's e-mail address or in writing to the address of the Seller's registered office. In order to ensure efficient processing of the report, the reporting person should also provide contact details enabling further correspondence concerning the matter.
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Upon receiving a report, the Seller shall promptly take steps to verify its validity. In justified cases, the Seller may temporarily block access to Content considered potentially infringing until the analysis of the report has been completed.
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If the report is found to be justified, the Seller shall take appropriate steps to remove the infringing Content, notify the reporting person thereof and, where necessary, take further action against the entity that posted the disputed Content, including informing that entity of the infringement and requesting that it refrain from further publication of Content of a similar nature.
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If the report is considered unfounded, the Seller shall inform the reporting person of the results of the analysis and, where possible, indicate the reasons for rejecting the report.
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In the event of repeated infringements by the same Customer or user, the Seller reserves the right to restrict access to the Online Store and, in particularly serious cases, to completely block the Customer Account, after first informing the Customer of the reasons for the decision.
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An infringement report should be made in good faith and supported by genuine grounds. In the event of deliberately false or misleading reports, the Seller reserves the right to take appropriate legal action against the reporting person, including pursuing claims arising from unjustified actions to the detriment of the Seller or other entities.
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The Seller reserves the right to amend the infringement-reporting procedure and to make individual decisions in justified cases, in accordance with applicable law and accepted standards of conduct.
§ 18
TRANSPARENCY OBLIGATION
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The Seller undertakes to provide Customers with reliable and complete information about the characteristics of the products offered, including their intended use, method of use, durability and any limitations on their use. In particular:
a. each product shall be clearly identified as single-use or reusable and shall also include information on the maximum period of use in accordance with the manufacturer's recommendations;
b. hygiene products shall include a detailed description of the rules for cleaning, disinfecting and storing reusable products;
c. all material information concerning contraindications to the use of a product, possible side effects and potential interactions with other products shall be clearly presented in the product description.
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The Seller undertakes to apply fair commercial practices and to avoid actions that could mislead Customers as to product availability. In particular:
a. information about limited product availability, e.g. “available for 24 hours only” or “last items”, shall be provided only where it reflects the actual stock level;
b. all promotional campaigns involving temporary price reductions or limited availability shall comply with the actual terms of sale and shall not constitute an attempt to artificially create purchasing pressure on the Customer;
c. in the case of temporary promotions, the Seller undertakes to provide a clear start and end date of the promotion and to apply transparent rules for granting it.
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In order to ensure compliance with applicable personal-data protection regulations, in particular Regulation (EU) 2016/679 (GDPR), the Seller declares that:
a. marketing consents shall not be selected by default — the Customer shall have the opportunity to provide such consent voluntarily, explicitly and knowingly;
b. all marketing activities requiring the Customer's consent, e.g. sending newsletters, promotional offers or personalized content, shall be conducted in accordance with the principles of voluntariness and transparency;
c. the Customer shall have the possibility to withdraw consent to the processing of their data for marketing purposes at any time, and information on how to withdraw such consent shall be clearly indicated in the Terms and Conditions and in the marketing-consent text.
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The Seller undertakes to ensure that all information presented on the Online Store's websites is consistent with reality and that all sales practices comply with the requirements of the Act of 16 February 2007 on Competition and Consumer Protection and the Omnibus Directive with regard to informing Customers about price reductions.
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If it is discovered that a product has been incorrectly described, the Seller undertakes to promptly correct the error and inform Customers who purchased the product before the correction, if the inaccuracy could have influenced the purchasing decision.
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The Customer has the right to report to the Seller any irregularities noticed concerning product information or the terms of sale. The Seller undertakes to verify such reports and take appropriate action within no more than 14 Business Days from the date of receiving the report.
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The Seller reserves the right to update this section in the event of changes in legislation, decisions of market-surveillance authorities or new guidelines concerning the transparency of commercial information.
§ 19
FINAL PROVISIONS
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The Seller shall be liable for failure to perform or improper performance of the Agreement; however, in the case of Agreements concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional causation of damage and only within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
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The content of these Terms and Conditions may be recorded by printing it, saving it on a Durable Medium or downloading it from the Online Store at any time.
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In the event of a dispute arising in connection with a concluded sales agreement, the parties shall seek to resolve the matter amicably. Polish law shall govern the resolution of all disputes arising under these Terms and Conditions.
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Disputes arising from the application of these Terms and Conditions between the Seller and a Customer who is not a Consumer shall be resolved by the court having territorial jurisdiction over the Seller's registered office. This provision does not apply to Customers who are Entrepreneurs with Consumer rights, for whom the jurisdiction of the court shall be determined in accordance with generally applicable law.
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These Terms and Conditions do not exclude or limit the application of the laws applicable in the country of the Consumer's or Entrepreneur with Consumer rights' habitual residence where such provisions cannot be excluded by agreement. In the case of an agreement concluded with a Consumer or an Entrepreneur with Consumer rights, the Seller guarantees them the protection arising from the mandatory provisions of the law applicable in their place of residence.
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The Seller does not use an algorithm that adjusts prices on the basis of automated decision-making.
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The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules governing access to these procedures are available at the registered offices or on the websites of entities authorized to conduct out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or Voivodeship Inspectorates of Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection.
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The Seller reserves the right to amend these Terms and Conditions for important reasons.
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All Orders accepted by the Seller for processing before the new Terms and Conditions enter into force shall be processed on the basis of the Terms and Conditions applicable on the date on which the Customer placed the Order. An amendment to the Terms and Conditions shall enter into force 14 days after its publication in the Online Store. The Seller shall inform the Customer seven days before the new Terms and Conditions enter into force by electronic message containing a link to the amended text. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller thereof, which shall result in termination of the Agreement in accordance with the provisions of the Terms and Conditions.
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Agreements with the Seller are concluded in the Polish language.
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These Terms and Conditions enter into force on 19 March 2025.
Appendices
Appendix No. 1
Complaint FormAppendix No. 2
Model Withdrawal FormAppendix No. 3
Model Report Concerning Illegal User ContentThe Seller makes the above forms available electronically on the Online Store's website. The Customer may use the forms provided; however, their use is not mandatory in order to effectively exercise the right of withdrawal, submit a complaint or return Goods. In the case of a return, the Customer is obliged to send the Goods to the address indicated by the Seller together with proof of purchase or another document confirming the transaction.
1. REVIEWS IN THE ONLINE STORE
1.1.
A Customer of the Online Store has the possibility to voluntarily and free of charge post a review concerning purchases made in the Online Store. The subject of the review may also be a rating, photograph or review of a product purchased in the Online Store.
1.2.
Following purchases made in the Online Store, the Seller provides the data necessary to create an email invitation to the company handling the survey process. The sending of surveys and the process of collecting reviews through the forms are fully handled by TrustMate SA, with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends the Customer an email requesting them to post a review, together with a link to an online form enabling the review to be submitted. The online form allows the Customer to answer the Seller's questions concerning the purchases, rate them, add their own description concerning the review and attach a photograph of the purchased product. If the Customer does not submit a review after receiving the first invitation, TrustMate may resend the invitation.
1.3.
A review may only be posted by a Customer who has made purchases in the Seller's Online Store.
1.4.
Reviews posted by Customers are published by the Seller in the Online Store and on the TrustMate.io profile.
1.5.
Posting a review may not be used by the Customer for unlawful activities, in particular activities constituting unfair competition against the Seller or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties.
1.6.
A review may only be posted for products actually purchased in the Seller's Online Store. Entering into fictitious or sham sales agreements for the purpose of posting a review is prohibited. The author of a review may also not be the Seller itself or its employees, regardless of the basis of their employment.
1.7.
A posted review may be removed by its author at any time.
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