The conclusion of the contract between the Buyer and the Seller may take place in two ways:
Before placing the order, the Buyer has the right to negotiate all the provisions of the contract with the Seller, including those changing the provisions of the following regulations. These negotiations should be conducted in writing and directed to the address of the Seller.
In the event of the Buyer’s resignation from concluding the contract through individual negotiations, the following regulations and applicable law shall apply.
- Address – name of the institution, zip code and city.
- Entrepreneur Address:
The online store “hot-cut.pl”, operating under the addresses – www.hot-cut.pl – is run by AS DYSTRYBUCJA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, 41-400 Mysłowice, ul. Obrzeżna Północna 17B/3 NIP: 5771976026
Price list for deliveries – a list of available delivery types and their costs located at www.hot-cut.pl.
- Additional data: :AS Dystrybucja Sp. z o.o. ul. Rudna 14 building B 41-214 Sosnowiec
AS Dystrybucja Sp. z o.o.
Rudna 14 building B
tel: +48 720 015 015
- Delivery – the type of transport service with the carrier and cost specified in the delivery price list found at hot-cut.pl
- Proof of purchase –invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other relevant legal regulations.
- Product card – a single store subpage containing information about a single product.
- Customer – an adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity, making a purchase directly from the Seller related to his business or professional activity.
- Civil Code – the Civil Code Act of April 23, 1964, as amended.
- Code of good practices – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of August 23, 2007, as amended.
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
- Basket – a list of products based on the products offered in the store – the Buyer’s choices.
- Buyer – Consumer and Customer.
- Place of delivery – address or pickup point indicated in the order by the Buyer.
- The moment of handing over the item – the moment when the Buyer or a third party indicated by him for pickup takes possession of the item.
- Payment – the method of payment for the subject of the contract and delivery listed at hot-cut.pl
- Consumer law – the Act on consumer rights of 30 May 2014.
- Product –the minimum and indivisible quantity of items that can be the subject of the order, which is given in hot-cut.pl as a unit of measure when determining its price (price/unit).
- The subject of the contract – products, and delivery subject to the contract.
- The subject of the service – subject of the contract.
- Collection point – a place of delivery of items that is not a postal address, listed in the statement provided by the Seller in the store.
- Item (product) – a movable property that may be or is the subject of the contract.
- Store or shop – website available at hot-cut.pl, through which the Buyer may place an order.
AS DYSTRYBUCJA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, 41-400 Mysłowice, ul. Obrzeżna Północna 17B/3
Bank account: mBankPL 19 1140 2004 0000 3202 7609 5291
- System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of an end device appropriate for a given type of network, referred to as the Internet.
- Completion date – the number of hours or working days specified on the product card.
- Contract – a contract concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
- Defect – both a physical defect and a legal defect.
- Physical defect – non-compliance of the item sold with the contract, and in particular if the item:
- does not have properties that this kind of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;
- does not have properties that the Seller has provided to the Consumer,
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
- was delivered to the Consumer in an incomplete state,
- in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by a Consumer who has followed the instructions received from the Seller,
- does not have the property provided by the producer or his representative or a person who places the item on the market in the scope of his business activity and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the producer, unless The seller did not know these assurances or, judging reasonably, could not know or they could not influence the consumer’s decision to conclude the contract, or when their content was corrected before the conclusion of the contract.
- Legal defect – a situation when the item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
- Order – the Buyer’s declaration of intent made through the store clearly stating: the type and quantity of products, type of delivery, type of payment, place of delivery of the item, Buyer’s data and aimed directly at the conclusion of the contract between the Buyer and the Seller.
- The contract is concluded in Polish, in accordance with Polish law and these regulations.
- The place of sending must be on the territory of the Republic of Poland.
- The seller is obliged and undertakes to provide services and provide items free from defects.
- All prices provided by the Seller are expressed in the Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
- The Seller does not grant the Buyer a guarantee within the meaning of art. 577 of the Civil Code, but informs about known guarantees given by third parties for the product in the store.
- Confirmation, access, consolidation, protection of all material provisions of the contract in order to gain access to this information in the future takes the form of:
- order confirmation by sending to the e-mail address provided: orders, pro forma invoices, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the rules yourself and a pattern of withdrawal from the contract;
- attach to the completed order, sent to the indicated place of delivery of printed things: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.
- The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer incurs its costs in the amount resulting from the contract he has concluded with a third party providing for him a specific service enabling distance communication.
- The Seller provides the Buyer using the system that the store works correctly in the following browsers: IE version 11 or newer, Firefox version 30 or newer, Opera version 15 or newer, Chrome version 20 or newer, Safari version 6 or newer. The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, Firefox, Opera, Chrome, Safari may have an impact on the correct display of the store, so in order to get the full functionality of the hot-cut.pl store, you must turn them all off.
- The buyer may use the option of saving his data by the store to facilitate the process of placing the next order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters set by the Buyer who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the right to inspect, correct, update data and delete the account in the hot-cut.pl at any time
- The seller follows the code of good practice.
Conclusion of the contract and implementation
- Zamówienia można składać́ 24 godziny na dobę.
- To place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- adding a product to the cart,
- choice of delivery type,
- choice of payment method,
- choosing the place of delivery of the item,
- placing an order in the store by using the “Buy” button.
- The conclusion of the contract with the consumer takes place when the order is placed.
- The implementation of the Consumer’s order payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after the payment of the Consumer to the Seller’s account.
- The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller, which he informs the Customer within 48 hours of placing the order.
- Execution of the Customer’s order with cash on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the Customer’s payment is credited to the Seller’s account.
- The implementation of the Customer’s order may depend on making a payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send the order on delivery (payable on delivery).
- The subject of the contract is sent within the time limit specified on the product card, and for orders consisting of many products within the longest time specified on the product cards. The period begins when the order is processed.
- The purchased subject of the contract is sent, together with the sales document selected by the Buyer, the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2.
The right to withdraw from the contract
- The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer Law.
- The withdrawal period from a distance contract is 14 days from the date of delivery of the goods, and to meet the deadline it is enough to send a statement before its expiry.
- The consumer may submit a declaration of withdrawal from the contract on a form, a sample of which is attached – form available at hot-cut.pl or in another written form consistent with consumer law.
- The Seller excludes the possibility of submitting a statement of withdrawal from the contract in a form other than in written form.
- The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the contract and another if provided in the submitted statement) the receipt of a statement of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered void.
- The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- The consumer sends back the items that are the subject of the contract from which he withdrawn at his own expense and risk.
- The consumer does not bear the costs of providing digital content that is not saved on a tangible medium, if he did not agree to the performance of the service before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur provided confirmation in accordance with art. 15 par. 1 and art. 21 par. 1. of the Consumer Law.
- The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivery, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller , The Seller will not refund the consumer additional costs in accordance with Article 33 of Consumer Law.
- The Seller shall refund the payment using the same method of payment as used by the Consumer unless the Consumer has expressly agreed to a different payment method which does not involve any costs for him.
- The Seller may withhold the reimbursement of the payment received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
- The consumer in accordance with art. 38 Consumer law is not entitled to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract,
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs,
- in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
- for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract,
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
- The seller pursuant to art. 558§1 of the Civil Code completely excludes liability to Customers due to physical and legal defects (warranty).
- The Seller is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent failures (warranty).
- In the case of a contract with a consumer, if a physical defect was found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the consumer.
- The consumer, if the item sold has a defect, may:
- make a statement requesting a price reduction,
- submit a statement of withdrawal from the contract,
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to exchange the item for one free of defects or to remove the defect, he shall not have the right to replace the item or remove the defect.
- The consumer may instead of the removal of the defect proposed by the Seller request replacement of the item for one free of defects or instead of the replacement of the item demand removal of the defect unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, while the assessment of excessive costs takes into account the value of the item free from defects, the type and significance of the defect, and also takes into account the inconvenience to which the consumer would otherwise expose.
- The consumer may not withdraw from the contract if the defect is irrelevant.
- The consumer, if the item sold has a defect, may also:
- demand replacement of the item with one free of defects;
- demand that the defect is removed.
- The seller is obliged to replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the consumer.
- The Seller may refuse to satisfy the Consumer’s request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the second possible way to bring it into conformity with the contract.
- In the event that the defective item has been installed, the Consumer may require the Seller to disassemble and reinstall it after replacing it with a non-defective one or remove the defect, however, it is obliged to bear part of the costs related to it exceeding the price of the item sold, or may require the Seller to pay part of the cost disassembly and reinstallation, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
- The consumer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at which thing is. In case of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
- The costs of replacement or repair are borne by the Seller, except for the situation described in §4.
- The Seller is obliged to accept a defective item from the Consumer in the event of exchanging the item for a non-defective one or withdrawing from the contract.
- The seller within fourteen days will respond to:
- statements about demanding a price reduction,
- statements of withdrawal from the contract,
- request to replace the item with one free from defects,
- defect removal requests.
Otherwise, it is considered that he considered the Consumer’s statement or request justified.
- The Seller is liable under the warranty if a physical defect is found within two years of the item being handed over to the Consumer, and if the item being sold is used within one year of the item being handed over to the Consumer.
- The Consumer’s claim to remove the defect or exchange the item sold for one free of defects expires after one year, counting from the day the defect was found, however not earlier than two years after the item was released to the Consumer, and if the subject of sale is the item used within one year from handing over the item to the Consumer.
- In case that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
- Within the time limits specified in §4, the Consumer may submit a statement of withdrawal from the contract or a price reduction due to a physical defect of the item sold, and if the Consumer demanded replacement of the item for a non-defective one or removal of the defect, the deadline for submitting a statement of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing things or removing a defect.
- In case of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights that the Consumer is entitled under this title shall be suspended until the final termination of the proceedings. Accordingly, it also applies to mediation proceedings, whereby the deadline for exercising other rights under the warranty, entitled to the Consumer, begins to run from the day the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
- To exercise the rights arising from the warranty, legal things are sold, §4 applies, however, that the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of an action of a third party – from the day, in which the judgment given in the dispute with a third party has become final.
- If, due to a defect in things, the Consumer has made a statement of withdrawal from the contract or price reduction, he may request compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not liable, in particular, it may demand reimbursement of the costs of concluding the contract, costs of collection, transport, storage and insurance of goods, reimbursement of expenditure made to the extent that it has not benefited from them, and has not received their reimbursement from a third party and reimbursement of the costs of the process. This does not prejudice the provisions on the obligation to repair damage on general principles.
- The expiry of any period for identifying a defect does not preclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
- The administrator of databases of personal data provided by the consumers of the store is the Seller.
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002. The Buyer by providing his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The buyer has the right to view, amend, update and delete his personal data at any time.
- Nothing in these Regulations is intended to violate Buyer’s rights. None of the provisions of these Regulations is intended to violate the rights of the Buyer. It cannot be interpreted in this way either, because in the event of any incompatibility of any part of the Regulations with the applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the Regulations.
- Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the applicable legal status.
- The current version of the regulations is always available to the Buyer in the regulations tab (hot-cut.pl). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order shall apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.
In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the consumer wishes to do so, are resolved by mediation or an arbitral tribunal. As a last resort, the matter is settled by the court competent for the Seller.