of Placing Orders for Purchase of Parts Offered by Horeca Parts Group Sp. z o.o.

These Rules set out the rules of using the Online Store https://horecaparts.pl/, rules of placing orders for Goods available in the Online Store, rules of delivering ordered Goods to the Buyer, payment of the sale price for the Goods by the Buyer, and the Buyer's rights related to the concluded agreement.

§ 1 DEFINITION OF TERMS

Seller – Horeca Parts Group Sp. z o.o. with registered office in Robakowo, at ul. Firmowa 12, 62-023 Robakowo, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań-Nowe Miasto and Wilda in Poznań, IX Economic Department of the National Court Register under KRS number: 0000940610, with NIP number: 7773235039, REGON: 30260475, share capital of PLN 60,000.00, fully paid up.
Online Store – the Seller's Online Store available at the following web address: https://horecaparts.pl/.
Buyer – a natural person, a legal person and an organisational unit without legal personality to which the law grants legal capacity, purchasing Goods from the Seller.
Entrepreneur – an entity that carries out a business or professional activity on its own behalf, concluding an Agreement with the Seller as part of the aforementioned business activity, related or unrelated to its professional activity.
Consumer – a natural person, not acting as an Entrepreneur, entering into an Agreement that is not directly related to his/her business or professional activity.
Privileged Entrepreneur – an individual who enters into an agreement directly related to his/her business activity, when the content of the agreement shows that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available based on the provisions on the Central Register and Information on Business Activity.
User – any entity using the website of the Online Store.
Parties – the Buyer and the Seller.
Payment date – the date on which the amount payable for the Goods becomes due.
Goods(s) or Product(s) – movables, services, goods to be sold based on a Sale Agreement, between the Seller and the Buyer, including in particular spare parts for popular catering equipment on the Polish and European markets, such as convection and steam ovens, dishwashers, pizza ovens, refrigeration, coffee makers and all thermal and mechanical processing equipment currently offered by the Seller.
Registration Form – a form available on the website of the Online Store that allows one to create an Account.
Order Form – an electronic service that is an interactive form available on the Online Store, allowing one to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sale Agreement, including the method of delivery and payment.
Order – a declaration of the will of the Buyer made via the Order Form aimed directly at concluding an Agreement for Sale of Goods with the Seller.
Confirmation – the Seller's statement sent via e-mail about the acceptance of the order, submitted to the Buyer upon its receipt, along with the determination of, as a minimum, the price for the Goods, the total value of the ordered Goods, the date of delivery, place and terms of delivery/collection and terms of payment.
Newsletter – a service provided electronically, which consists in sending commercial information on the Store's Products to Subscribers.
Defect – non-compliance of the Goods with the Agreement.

§ 2 GENERAL PROVISIONS

These Rules constitute an integral part of the Sale Agreement and apply to all purchases of Goods and their delivery to the Buyer by the Seller.
The Online Store available at the Internet address https://horecaparts.pl/ is run by Horeca Parts Group Sp. z o.o. with its registered office in Robakowo, ul. Firmowa 12, 62-023 Robakowo, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, IX Economic Department of the National Court Register under KRS number: 0000940610, with NIP number: 7773235039, REGON: 30260475.
To use the Online Store https://horecaparts.pl/, including browsing the product range of the Online Store https://horecaparts.pl/ and placing Orders for Goods, the following is required:
- a device with Internet access and a web browser,
- an active electronic mail (e-mail) account.
Details and mailing address: ul. Firmowa 12, 62-023 Robakowo, e-mail address: zamowienia@horecaparts.pl; tel. +48 61 658 70 90. The cost of calls is charged according to the tariffs of the publicly available telecommunications services operator used by the Buyer.
The Online Store is used by the Seller to access electronic services consisting of maintaining an account in the Online Store, enabling the placement of an order in the Online Store by filling in the Order Form and purchasing Goods based on a concluded Sale Agreement.
These Rules are addressed to both Consumers and Entrepreneurs and Privileged Entrepreneurs using the Online Store unless a particular provision of the Rules provides otherwise.
The Rules are made available free of charge and continuously on the Website https://horecaparts.pl/ in a manner that allows Users to obtain, reproduce and record their content by printing and saving it on permanent media at any time.
By using the Online Store and accepting the Rules, the User confirms that he/she has familiarised himself/herself with the contents of these Rules, accepts all their provisions and undertakes to comply with them. The Rules constitute an integral part of the Sale Agreement concluded with the Buyer. The precondition for the conclusion of a sale agreement is the User’s acceptance of the Rules by checking the box "I accept the Rules of the store" when ordering. For the avoidance of doubt, payment for the Order shall be equivalent to acceptance of the Rules, which are always available from the Seller on the Online Store website.
The user is entitled and obliged to use the Online Store in accordance with its purpose.
The User shall refrain from any activity that could affect the proper operation of the Online Store, including, in particular, from any interference with the content of the Online Store or its technical elements, including the provision of unlawful content. It is forbidden to use the Online Store for goals other than its purpose, including, in particular, sending spam, conducting any commercial, advertising or promotional activities, etc. on the Online Store's website.
Browsing the product range of the Online Store and placing Orders for Goods from the product range of the Online Store by the Buyer shall not require registration, although registration is recommended to make the Order process more efficient and enable the User to use additional functionalities of the Online Store, intended only for registered persons.
The provisions of the Rules are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws of 2018, item 1025, as amended), or Privileged Entrepreneur to which he/she is entitled under the mandatory provisions of law. In the event of any inconsistency between the provisions of the Rules and the aforementioned provisions of law, these provisions of law shall prevail.

§ 3 REGISTRATION

In order to register with the Online Store (create a User account), one is required to fill out the Registration Form, providing first name, last name, company name, e-mail address, access password, and accept the Rules of the Online Store. By registering, the User enters into an agreement with the Seller for the provision of electronic services aimed at the maintenance of the User's account in the Online Store by the Seller.
Registration in the Online Store and the use of the functionalities of the Online Store shall be free of charge.
After registering in the Online Store, one logs in using the data provided in the Registration Form.
The agreement for the provision of services by electronic means is concluded upon effective registration by the User and/or on the User's instruction or each time the User avails of the Website (in the absence of Registration and login). In all cases, the Agreement is concluded for an indefinite period.
The agreement for the provision of services by electronic means may be terminated by the registered User at any time without giving reasons by sending an e-mail to biuro@horecaparts.pl. The User should provide the e-mail address indicated at registration, his/her name, and the company name.
During Registration, the User may voluntarily consent to the processing of his/her personal data for marketing purposes by checking the appropriate box in the Registration Form.
After filling in the fields of the Registration Form with the required data, the User selects the option "I want to create an Account in the Store", and a User Account shall be created. Creating an account is optional and is not required to make a purchase. To create an account, the User’s login and password must be entered.
After logging in, the User can make further purchases using the Account. The User's account service stores the history of purchases made by the User.

§ 4 RULES OF USING THE ONLINE STORE

To log in to the Online Store, enter the e-mail address and password given when registering the User's account in the login form. The details provided at account registration can be changed after logging in to the Buyer's account – ("Change details” tab).
A user who has registered an account may use all available functionalities of the Online Store, including placing Orders for Goods available in the product range of the Online Store and, in addition, monitoring the status of his/her Orders, adding Goods to the shopping cart, viewing Products in the shopping cart until they are removed from the Online Store.
The Seller shall have the right to block the User's account if his/her activity in the Online Store violates generally applicable laws, rights of third parties (including, in particular, rights on intangible property), personal rights of third parties, principles of social coexistence or provisions of these Rules. The User shall be notified of the intention to block the User's account at the e-mail address currently registered in the Online Store.
Any irregularities in the operation of the Online Store and complaints regarding services provided electronically may be reported to the Seller at +48 61 658 70 90, via e-mail address: biuro@horecaparts.pl. Complaints regarding the Products may be submitted in accordance with the provisions of § 11 and § 12 of the Rules.
The User is recommended to keep the login and password to his/her Online Store account confidential. The Seller shall not be liable for actions related to the use of the login and password for a given account in the Online Store, in a situation where the Buyer has made the login and password available to third parties or has not properly protected the login and password from access by third parties, and a loss is caused by these persons. The password is confidential information that is exclusive to the Buyer.
Persons using the Online Store on behalf of and for a legal person or an organisational unit without legal personality but with legal capacity (hereinafter collectively referred to as “Legal Persons”), including, in particular, making purchases on behalf of Legal Persons, represent and warrant that at the time of taking any actions on behalf of Legal Persons, they are duly authorised to perform such actions on behalf of the Legal Person.

§ 5 PLACING AN ORDER

The Buyer can place an order on the Online Store 24 hours a day, 7 days a week by registering on the Website www.horecaparts.pl (B2B HORECA PARTS system), by e-mail at: biuro@horecaparts.pl, or by using the contact form located on the Online Store website. In addition, Orders can be placed by phone during the Store’s business hours, from 07:00 to 17:00 Monday through Thursday and from 08:00 to 16:00 on Friday (excluding public holidays) at 61 658 70 91.
The store shall issue a receipt or VAT invoice for the sale of Products (electronic form).
The Buyer may place Orders for Goods available in the product range of the Online Store as a registered Customer (after logging in to the Customer account) or as a so-called “guest” (unregistered Customer).
In order to place an Order:
1. select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent), and to purchase several Products, this action should be repeated for each of the selected Products
2. having completed the selection of the Products, go to the “Basket” and:
  - select any additional services associated with the Product;
  - select the method of the Product’s delivery and, if the chosen method of delivery requires it, the type of shipment;
  - in case the Order is to be delivered via a courier service, enter the data of the recipient of the Order and the address to which the Product is to be delivered. In the case of choosing delivery by courier, it is required that the Customer should additionally provide a telephone number for the courier to contact him/her;
  - enter details in the invoice, if different from the details for collecting of the Order;
  - accept the Rules of the Online Store or log in to the account created in the Online Store;
  - select the method of payment.
Delivery of the subject of the Order is possible both within Poland and abroad. To select a delivery country, select “Delivery country”.
The Seller offers the following types of payment, depending on the delivery country selected:
- prepayment – payment by bank transfer – after receiving confirmation of the Order by e-mail – to the account: No. 91 1050 1520 1000 0090 3023 1261. Details: Horeca Parts Group Sp. z o.o., ul. Firmowa 12, 62-023 Robakowo, specifying the payment title, the Order No. and the Buyer's name
- cash on delivery – payment on delivery of the Goods to the courier
- online payments via Przelewy 24 portal
The Seller is entitled to enter the maximum number of pieces of a given Product covered by one Order.
In case the Buyer orders in one Order a Product or Products weighing more than 30 kg, the Order may be divided into at least 2 (two) parts (hereinafter referred to as “parcels”). The Customer shall be informed about the Order being divided into parcels in the message containing confirmation of receipt of the Order by the Company, which may increase the cost of delivery of the ordered Goods, as described in § 9 of these Rules.
Placing an Order by the Customer means submitting an offer to the Company to conclude a Sale Agreement for the ordered Goods. The Order shall be placed when the Customer presses the “Order with obligation to pay” button.
Immediately after the order is placed, a confirmation of the Seller's receipt of the order placed by the Buyer shall be sent to the Buyer's e-mail address indicated when the order was placed or, for registered users, indicated in the Customer's account. Subsequently, if it is not possible to process the Order, an e-mail shall be sent to the Buyer's e-mail address, no later than 7 business days after the Order is placed, with information on whether the Order has been accepted for processing or not. Failure to accept the order for processing is equivalent to termination of the agreement and results in a refund to the Buyer’s account if the payment was previously made and credited to the Seller.
The Buyer can use the Product search engine. The results of the search for Goods are listed according to the following criteria: “Price”, “Name”, “Views”, “Sales”, and “Date added”. The results of the search for Goods are listed according to the aforementioned criteria depending on the choice made by the Customer in the tab visible on the Online Store website.
The Seller does not use individual price adjustments based on automated decision-making.

§ 6 ORDER FULFILMENT

The Seller shall make every effort to ensure that Orders placed by 15:30 on a business day are fulfilled on the same day. Orders placed on holidays, public holidays, and after 15:30 on a given day shall be processed according to the order in which they were placed, starting on the first business day following these days.
Orders for Goods available in the Seller's stock shall be processed in accordance with section 1 above. However, Orders for Goods not available in the Seller's stock shall be accepted as separate Orders and fulfilled on separate dates after delivery of these Goods to the Seller's stock.
Cancellation/Change of the Order by the Buyer is allowed only in exceptional situations, with the consent of the Seller, after prior agreement in writing or by e-mail on the terms of cancellation of the Order with the Seller, no later than 3 business days before the scheduled delivery. The Seller reserves the right to charge the Buyer with the actual costs incurred up to the moment of cancellation of the Order, in the case of Entrepreneurs, in the amount of not less than 20% of the price of the Buyer's cancelled/changed order.
The Buyer is obliged to collect the ordered Goods regardless of the Seller's deadline for processing the Order. The date of fulfilling the Order may be unilaterally changed by the Seller, according to the time necessary for its fulfilment.
In the event that the ordered Goods are not available in the Warehouse or the Buyer's Order cannot be fulfilled for other reasons, including if it is not possible to purchase them from the Seller's suppliers within the time provided for the fulfilment of the Order, the Company shall inform the Buyer of the situation within no later than 7 business days from the date of receipt of the Order by the Seller, sending a message to the e-mail address indicated by the Buyer.
If the Buyer provides an incorrect or inaccurate e-mail address, it may delay or prevent delivery of the subject of the Order.
Any changes to the Order must be mutually agreed upon and expressly confirmed by the Parties in writing or by e-mail, in the manner described in section 3, in order to become valid.
The Seller shall not be responsible for any errors made by the Buyer in Orders or changes to Orders.
In the event that the Buyer places an incorrect Order, in particular, one that contains omissions or irregularities in the quantity, price of the part, or the terms of its delivery, the erring Party shall inform the other Party immediately. The Order in such a case, until the irregularity is corrected, shall be considered not to have been placed, and the Sale Agreement shall be considered not to have been concluded.
If the Seller does not accept the Order for processing within 24 hours of its placement, the Buyer should contact the Seller for permission to correct the Order or to correct the Order on its own, consisting of correct entry by the Buyer of all data required for the fulfilment of the Order. The order is considered to have been placed as soon as the Buyer corrects the Order by sending an e-mail information to the Seller's address.
Information posted on the Seller's Website, catalogues, brochures, flyers, advertisements, and other publications shall not constitute an offer within the meaning of the Civil Code, even if accompanied by a price.
The Seller excludes the possibility of returning goods that have been ordered under a specific order of the Buyer, unless such a right is given to the Buyer under mandatory provisions of law.

§ 7 ISSUING AND SERVING INVOICES

Invoices/receipts shall be issued in electronic form and sent to the e-mail address indicated by the Buyer.
By accepting these Rules, the Buyer agrees that the Seller may issue and send VAT invoices, correction invoices, receipts, and duplicates of these documents in electronic form to the e-mail address provided by the Buyer (that is, to the e-mail address provided by the Buyer during registration or when placing an Order). At the same time, the Buyer declares that he/she shall receive the above electronic documents at the provided e-mail address.

§ 8 FORCE MAJEURE

If, as a result of circumstances beyond the Seller's control (Force Majeure), examples of which include: fire, war, government decision, strike, uprising or riot, energy restrictions, collapse or fluctuation of prices of Goods, hindrance in transportation, the Seller's ability to make delivery or the Buyer's ability to collect the delivery is hindered, the Seller shall have the right to unilaterally cancel the Order and terminate the Agreement in part or in whole.
Under the circumstances described above, the Buyer shall not be entitled to any claim for damages resulting from non-performance or untimely performance of the Agreement.
Each Party shall promptly notify the other Party of the occurrence of Force Majeure.

§ 9 DELIVERY

The Seller shall deliver the ordered Goods to the address specified by the Buyer.
The time until the ordered Goods are received consists of: the time of processing the Order by the Seller (completing the parts, form of payment, issuing the sales document, packing, and sending the shipment) and the direct time of delivery depending on the method of delivery chosen by the Buyer.
Shipping of Products takes place, in principle, within 24 hours on business days, starting from the moment of confirmation of the Order. In the event of a delay in shipment, the Seller shall inform the Buyer by e-mail or telephone, indicating a new shipping date. Shipment of Goods executed on an individual Order is carried out within the time agreed by the Parties and depends in particular on the availability of the Product, the production process, the Seller’s wait time for the Goods, etc.
In the case of payment by credit card, delivery time is calculated from the moment of the transaction’s authorisation. In the case of payment by bank transfer, delivery time is calculated from the moment the funds are credited to the Seller's bank account.
On the web pages of the Online Store presenting specific Goods, the Seller posts the number of business days within which the shipment with the subject of the Order shall be sent. The above information is an approximate time counted from the acceptance of the Order for processing until the shipment of the subject of the Order directly to the Buyer (via courier company). In case of temporary or permanent unavailability of the Goods, the Buyer shall be informed immediately – within a maximum of 7 business days. If the Order consists of Goods with different lead times, the entire Order is shipped to the Buyer according to the longest time limit appearing in the Order.
The Buyer shall have the option to choose a different form of delivery (carrier) than those offered on the Online Store website, only with the written consent of the Seller.
The Seller shall not be liable for any loss, damage or costs (direct or indirect) resulting from the Buyer's claims for damage to the Goods, errors in delivery or delays thereof, arising in the course of transportation or caused by the action of the logistics operator, carrier or freight forwarder, unless such liability arises under mandatory provisions of law.
Delivery dates resulting from agreements between the Parties shall be subject to change if events for which the Seller is not responsible occur.
In the event of a threat to meet the delivery deadline, of which the Seller is aware, the Seller shall immediately notify the Buyer (fax, e-mail, telephone) indicating the expected duration of the delay and the reason for its occurrence, unless the cause of the delay in delivery is Force Majeure as defined in § 8 of the Rules.
If the Buyer delays collecting a delivery, or if the Buyer does not accept the Goods, in the absence of prior cancellation of the agreement, or if the Buyer is absent on the day of delivery, or if there are other obstacles on the part of the Buyer (cancellation/change of the Order after the date of shipment), the Seller may charge the Buyer for the actual costs incurred, including storage, transportation, and other. In the case of a Buyer who is an Entrepreneur, the Buyer shall be charged by the Seller in the aforementioned cases at a flat rate of 20% of the value of the Order (handling fee) and the cost of redelivery, if any. Storage of the Goods for more than 14 days shall result in additional costs calculated for each additional day in the amount of 0.5% of the value of the Order.
The cost of delivery depends on the total weight of the Order. If the entire Order is shipped in one shipment (weight of the Goods up to 30 kg), the Buyer shall incur one delivery cost. An order weighing more than 30 kg may be divided into parcels or delivered on a pallet, depending on the dimensions, technical possibilities, availability of the pallet, and the Buyer's preferences. The Seller reserves the right to choose the delivery method, corresponding to the type of shipment, its weight, and dimensions.
Delivery costs for ordered Goods shall be as follows:
- Orders for Goods in stock with a value over PLN 1,000.00 net – free delivery; * applies to parcel shipments only.
- Orders for Goods that are not in stock, need to be brought to the Buyer's individual Order and/or manufactured to the individual Order – the delivery cost is increased each time by the amount previously agreed with the Buyer.
- Orders less than PLN 1,000 net – the cost of delivery is determined by weight, type of shipment (parcel/pallet) and size + cost of pallet (see table below).
The choice of delivery option is not binding for the Seller if the order is of the value of 1000,00 PLN net or less. In such circumstances, the Seller shall contact the Buyer to determine the delivery cost, depending on the type of Goods, their weight and dimensions (parcel/pallet).

Other – standard delivery costs (delivery options) can be found on the page in the body of the Order Form, depending on the selected method.

Name	Delivery cost/strong>
Delivery of a package up to 30 kg – DPD courier	PLN 30.75 gross per package
Pallet delivery – DPD courier	PLN 186 gross per pallet
Delivery of a parcel up to 30 kg – GLS courier	PLN 24.60 gross per package
In Post parcel box	PLN 24.60 gross per package
Additional information: An order of more than 30 kg is divided into 2 or more parcels. The delivery cost varies depending on the selected carrier. Pallet refers to parcels with large dimensions and weighing more than 30 kg, or those that cannot be separated into individual packages. *After the Order is made, the Seller contacts the Buyer to determine the method and cost of delivery.

The Buyer shall check the shipment for technical condition, quality and quantity when collecting the Goods. If any damage or mistake in quantity is found, the Buyer is absolutely obliged to report this fact on the waybill in the form of an appropriate annotation and to draw up an appropriate damage report with the courier. In addition, the Buyer is obliged to immediately inform the Seller of damage or incompleteness of the delivered package.
The Goods may be accompanied by manuals depending on the type of Goods. They may be placed inside the packaging of the Goods or on the outside of the Goods.

§ 10 WITHDRAWAL FROM THE AGREEMENT

A Consumer and Privileged Entrepreneur who has entered into a remote agreement may withdraw from the agreement within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in Articles 33, 34(2), and 35 of the Consumer Rights Act of 30 May 2014. To meet the deadline, it is sufficient to send a declaration of withdrawal before the term’s expiration. The declaration of withdrawal can be made, for example:
- a) in writing to the address of the Seller,
- b) in electronic form via e-mail.
An example of the withdrawal form can be found in Appendix 1 of the Consumer Rights Act and Appendix 1 of these Rules. The Consumer and Privileged Entrepreneur may use the template form, but it is not mandatory.
The period for withdrawal from the agreement begins:
- a) for an agreement in the performance of which the Seller delivers an item, being obliged to transfer its ownership (e.g. Sale Agreement) – from the moment of taking possession of the item by the Consumer and the Privileged Entrepreneur or a third party other than the carrier designated by him/her, and in the case of an agreement that: includes multiple items that are delivered separately, in batches or in parts – from the moment of taking possession of the last item, batch or part, or involves a regular delivery of items for a specified period – from the moment of taking possession of the first of the items;
- b) for other agreements – from the date of the agreement.
In the case of withdrawal from the Agreement concluded remotely, the agreement is considered not to have been concluded.
The Seller is obliged to refund the payments made by the Consumer or Privileged Entrepreneur to the Consumer or Privileged Entrepreneur immediately, no later than within 14 calendar days from receipt of the Consumer's or Privileged Entrepreneur's statement of withdrawal from the agreement. The Seller shall refund the payment using the same method of payment used by the Consumer or Privileged Entrepreneur, unless the Consumer or Privileged Entrepreneur has expressly agreed to a different method of refund that does not incur any costs for the Consumer or Privileged Entrepreneur. If the Seller has not offered to collect the Goods from the Consumer or Privileged Entrepreneur, the Seller may withhold reimbursement of payments received from the Consumer or Privileged Entrepreneur until he/she receives the Goods back or the Consumer or Privileged Entrepreneur provides proof of return, whichever event occurs first. If the Consumer has chosen a method of delivery of the goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by him/her.
The Consumer or Privileged Entrepreneur is obliged to return the Goods to the Seller immediately, no later than within 14 calendar days from the date on which he/she withdrew from the agreement, or give it to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product. To meet the deadline, it is sufficient to send back the Goods to the return address before the term’s expiration. The Consumer or Privileged Entrepreneur may return the Goods to the address: Horeca Parts Group Sp. z o.o., ul. Firmowa 12, 62-023 Robakowo.
Returned Goods should be duly protected for transportation, must not bear traces of use other than necessary to ascertain the nature of the features and functioning of the item, or damages, and should be returned with complete equipment and accessories and documentation issued at the sale.
The Consumer or Privileged Entrepreneur shall bear the direct costs of returning the item, unless the Seller has agreed to bear them or has not informed the Consumer or Privileged Entrepreneur of the necessity to bear such costs.
The right of withdrawal from an agreement concluded off-premises or remotely is not granted to a Buyer who is a Consumer or Privileged Entrepreneur with respect to agreements in which: the subject of performance is a non-prefabricated item, produced to the specifications of the Consumer and Privileged Entrepreneur or used to meet his/her individual needs, not included in the permanent offer of the Seller.
The Consumer shall be liable for any reduction in the value of the item resulting from the use of the item beyond what is necessary to ascertain the character, features and functioning of the item, unless the Seller has not informed the Consumer or the Preferred Entrepreneur of the right to withdraw from the Sale Agreement in accordance with the Act.

§ 11 NON-CONFORMITY OF GOODS WITH THE AGREEMENT (STATUTORY WARRANTY)

All and any claims against Entrepreneurs and Privileged Entrepreneurs under statutory warranty (non-conformity of goods with the agreement) for defects in the Goods, having a basis in the Civil Code and other acts shall be excluded by the Parties. Further provisions of this paragraph apply only to Customers who are Consumers.
The Seller is obliged to provide the Customer with Goods in accordance with the agreement.
For the avoidance of doubt, it is stated that none of the provisions of the Rules shall limit the rights of the Consumer under applicable laws in the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of the Republic of Poland, in particular the Civil Code, shall apply.
All Goods offered by the Seller are brand new, unless expressly stated otherwise.
Claims for non-conformity of the Goods with the agreement should be sent to the address: Horeca Parts Group Sp. z o.o., ul. Firmowa 12, 62-023 Robakowo.
Goods are in conformity with the agreement if, in particular, they conform to:
1. description, type, quantity, quality, completeness and functionality,
2. suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the entrepreneur at the latest at the time of concluding the agreement and which the entrepreneur accepted.
In addition, the Goods, in order to conform to the agreement, must:
1. be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practices,
2. appear in such quantity and have such features, including durability and safety, and, with respect to goods with digital elements, also functionality and compatibility, as are typical for goods of this type and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the entrepreneur, his/her legal predecessors or persons acting on his/her behalf, in particular in advertising or on the label, unless the entrepreneur demonstrates that:
  - he/she did not know about the public assurance in question and, judging reasonably, could not have known about it,
  - prior to the conclusion of the agreement, the public assurance had been rectified in compliance with the terms and form in which the public assurance was made, or in a comparable manner,
  - the public assurance did not affect the consumer's decision to enter into the agreement;
3. be delivered with packaging, accessories and instructions that the consumer can reasonably expect to receive,
4. be of the same quality as the sample or design that the entrepreneur made available to the consumer before the conclusion of the agreement, and correspond to the description of such sample or design.
The Seller shall not be liable for the non-conformity of the goods with the agreement to the extent referred to in sec. 6 and 7, if the consumer, at the latest at the time of the conclusion of the agreement, has been expressly informed that a specific feature of the goods deviates from the requirements for conformity with the agreement specified in sec. 6 or 7, and has expressly and separately accepted the lack of a specific feature of the goods.
The Seller shall be liable for non-conformity of the goods with the agreement resulting from improper installation of the goods if:
1. it was carried out by or under the responsibility of the entrepreneur,
2. improper installation carried out by the consumer was due to errors in the manual provided by the entrepreneur or a third party.
The Seller shall be liable for the non-conformity of the goods with the agreement existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, his/her legal predecessors or persons acting on their behalf, is longer. The non-conformity of the goods with the agreement, which became apparent before the expiration of two years after delivery of the goods, is presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the non-conformity of the goods with the agreement.
If the goods do not conform to the agreement, the consumer may demand repair or replacement.
The Seller may exchange goods when the consumer demands a repair, or the Seller may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the agreement in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he/she may refuse to bring the goods into conformity with the agreement.
In assessing the excessiveness of the costs for the Seller, all the circumstances of the case are taken into account, in particular the materiality of the goods’ non-conformity with the agreement, the value of the goods in conformity with the agreement and the excessive inconvenience to the consumer caused by the change in the method of bringing the goods into conformity with the agreement.
The Seller shall repair or replace goods within a reasonable time from the moment the Seller is informed by the consumer of the non-conformity with the agreement, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including, in particular, postage, freight, labour and materials, shall be borne by the entrepreneur.
The consumer shall make the goods subject to repair or replacement available to the Seller. The Seller collects the goods from the consumer at his/her own expense.
If the goods have been assembled before the non-conformity of the goods with the agreement becomes apparent, the Seller shall disassemble the goods and reassemble them after repair or replacement, or have these activities performed at his/her expense.
The consumer is not obliged to pay for the normal use of goods which were subsequently replaced.
If the goods do not conform to the agreement, the consumer may make a statement of price reduction or withdrawal from the agreement when:
1. The Seller refused to bring the goods into conformity with the agreement,
2. The Seller failed to bring the goods into conformity with the agreement,
3. the non-conformity of the goods with the agreement continues, despite the fact that the Seller tried to bring the goods into conformity with the agreement,
4. the non-conformity of the goods with the agreement is so significant that it justifies either a price reduction or withdrawal from the agreement without first resorting to the protections specified in section 12,
5. it is clear from the Seller's statement or circumstances that he/she shall not bring the goods into conformity with the agreement within a reasonable time or without undue inconvenience to the consumer.
The reduced price must remain in such proportion to the agreement price as the value of the non-conforming goods remains to the value of the conforming goods.
The Seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer's statement on price reduction.
The consumer may not withdraw from the agreement if the non-conformity of the goods with the agreement is immaterial. The non-conformity of the goods with the agreement is presumed to be material.
If the non-conformity applies only to some of the goods delivered under the agreement, the consumer may withdraw from the agreement only with respect to those goods, as well as with respect to other goods purchased by the consumer along with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
In the event of withdrawal from the agreement, the consumer shall immediately return the goods to the Seller at his/her expense. The Seller shall refund the price to the consumer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
The Seller shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him.
The consumer may refrain from paying the price until the Seller performs his/her obligations under items 11-17 and 18-24.
Detailed information on the possibility for the Buyer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection.
The consumer has the following options of handling complaints and pursuing claims out-of-court:
- A request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/);
- A request for out-of-court dispute resolution to the Provincial Inspector of Trade Inspection (for more information, see the website of the inspector in charge of the place of business of the Seller);
- The assistance of the district (city) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (among others Federation of Consumers, Association of Polish Consumers).
Pursuant to Article 14 (1) of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), we kindly inform you that the European Commission has made available a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) at http://ec.europa.eu/consumers/odr.

§ 12 WARRANTY

Goods sold by the Seller may be covered by a warranty provided by their manufacturer or distributor, other than the Seller.
In the case of Goods for which the manufacturer or distributor has provided a warranty, the Buyer may claim defective Goods under warranty – in accordance with the terms of such warranty.
Exercising the rights under the warranty – in this case, the Buyer complains about the Goods directly to the warranty provider, according to the information provided in the warranty card.
The warranty shall not exclude, limit or suspend the rights of the Buyer under the warranty provisions for defects of the sold item, exercising his rights under the warranty (applies to Consumers).
Notwithstanding sec. 1-4, the Seller shall provide a 14-day warranty starting from the date of receiving the Goods (start-up warranty). The Warranty shall not cover:
- electronic parts,
- electric bulbs,
- electronics,
- glass elements and products (e.g., lampshades, window panes, chamotte plates),
- defects and damage caused by improper use of the Goods,
- consumable components.
The warranty covers defects in the Goods. In order to use the Seller's warranty, the Buyer is obliged to notify the Seller of the defect (e.g., by e-mail) within the warranty period. After verifying the report and handling it, the Seller shall repair, replace, reduce the price or refund the Goods.

§ 13 REFUNDING THE BUYER

The Seller, in accordance with these Rules, shall refund the amount due immediately, but no later than within 14 calendar days in the case of, among others:
- exercise by the Consumer or Privileged Entrepreneur of the right to withdraw from an agreement concluded remotely,
- raising claims by the Consumer on account of non-conformity of the Goods with the agreement and recognition by the Seller of a material defect in the Goods purchased from the Seller,
- Exercise of warranty rights – in accordance with § 12 sec. 5 above.
If the Consumer or Privileged Entrepreneur receives the Goods and withdraws from the agreement, the Seller may withhold reimbursement of payments received from the Buyer or Privileged Entrepreneur until the Buyer or Privileged Entrepreneur receives the Goods back or the Consumer or Privileged Entrepreneur provides proof of return of the Goods, whichever event occurs first.
The Seller shall make a refund using the same method of payment used by the Buyer.
Provision of incorrect address or name or incorrect bank account number by the Buyer or Privileged Entrepreneur shall be at the Buyer's risk, which may cause delays in the refund process. Under such circumstances, the Seller shall not be liable for such delays, and the return, as indicated to the Seller by the Buyer, shall relieve the Seller of his/her obligation.

§ 14 NEWSLETTER SERVICE

The Newsletter service consists of sending messages containing information about new Products on offer, current promotions, and other information about Products offered by the Service Provider to the Subscriber’s e-mail address.
It can be used by any visitor to the Online Store who enters his/her e-mail address, using the Registration Form provided by the Seller on the Website www.horecaparts.pl. After submitting the completed Registration Form, the User shall immediately receive a confirmation to the e-mail address provided in the Registration Form.
When creating an account in the Online Store, check the appropriate additional box in the Registration Form to subscribe to the Newsletter service.
You can unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by unchecking the appropriate box in the Customer's account under "My Details".
The personal data that the Subscriber provides to the Seller by registering as a Newsletter recipient on the https://horecaparts.pl Website, i.e. e-mail address, is processed for the purpose of fulfilling the agreement on Newsletter delivery.
You can deactivate your subscription at any time and thus revoke the consents you have given.

§ 15 PROVISION OF SERVICES BY ELECTRONIC MEANS

The Seller provides the following electronic services through the Online Store available at https://horecaparts.pl:
- contact form
- setting up and maintaining an account in the Online Store
- enabling the placement of an Order in the Online Store using the Order Form
- Newsletter
The provision of electronic services by the Seller is free of charge.
The contact form service involves sending a message to the Seller using a form located on the Store's website under the CONTACT tab. Cancellation of this service is possible at any time and consists in discontinuing to send inquiries to the Seller.
Agreement for the provision of electronic services consisting in setting up and maintaining the account in the Online Store https://horecaparts.pl is available after registering under the terms of these Rules and additionally providing the following information:
- password
- repeat password
and consists in providing the Seller with a dedicated panel within the Store's website, allowing modification of the data indicated during registration.
The Customer can also track the status of Orders and the history of Orders already completed in this way.
This agreement is concluded for an indefinite period.
Request to delete the account on the Online Store can be made at any time via e-mail.
Agreement for the provision of services by electronic means consisting in enabling the placement of an Order in the Online Store https://horecaparts.pl using the Order Form is one-off and expires when the Order is placed.
The technical requirements necessary to work with the ICT system are:
- a computer with Internet access,
- e-mail access,
- web browser: Internet Explorer version 7.0 or later with JavaScript and cookies enabled, Mozilla Firefox version 4.0 or later with JavaScript and cookies enabled, or Google Chrome version 8 or later,
- recommended screen resolution of 1024×768 pixels.
The Seller is obliged to use the Online Store in a manner consistent with the law and decency, taking into account respect for personal property and intellectual property rights of third parties. The Seller is prohibited from providing unlawful content. It is forbidden to use electronic services in a way that unlawfully interferes with the operation of the Online Store through the use of certain software or devices, and to send or post unsolicited commercial information in the Online Store.
A user of the Online Store may submit complaints related to the provision of electronic service through the Online Store https://horecaparts.pl by sending an e-mail to the e-mail address biuro@horecaparts.pl or in writing to the address Horeca Parts Sp .z.o.o., ul. Firmowa 12, 62-023 Robakowo. The Seller shall consider the complaint immediately, no later than within 14 days starting from the date of filing the complaint.
The Seller shall respond to the complaint at the e-mail address provided by the User or in any other way agreed by the Parties.

§ 16 CONFIDENTIALITY

The parties agree to keep secret all confidential information that they learn about or are provided with in the course of the relationship. The aforementioned obligation shall remain in effect both during the term of the agreement or the fulfilment of the Order and after its completion. Confidential information is understood as any information of such nature (or considered to be such), the disclosure of which to third parties may cause damage to a party regardless of the professional, commercial or other nature of the information. Confidential information shall, in particular, include information regarding the amount of turnover between the Parties. Disclosure of confidential information may take place, if the obligation to disclose it arises from the provisions of the law, in the manner and to the extent specified by these provisions.
The Buyer may not, without the consent of the Seller, transfer to third parties the knowledge and information on matters covered by trade secrecy obtained as a result of business contacts with the Seller.

§ 17 PRODUCT REVIEWS

The functionality of the Online Store may allow you to express opinions on the Products visible in the Online Store. If the Seller provides such an option, the following regulations apply:
The Seller does not verify whether the reviews of the Products come from people who have purchased or used the Product. Published statements are subjective assessments of their authors, who are responsible for the content they post.
The Seller reserves the right not to publish and delete reviews, especially those whose content would be offensive, violate the personal rights of third parties or the provisions of mandatory law – in accordance with the procedure described in section 7 below.
Reviews are displayed in the Store until their removal is requested, unless the Seller decides to remove them earlier (e.g., when the product to which the review relates is no longer available in the Online Store, at the request of the person from whom the review came, or when the review, in the opinion of the Seller, violates the Rules or provisions of Polish or European Union law).
By posting reviews, the User simultaneously declares that any content posted by him/her does not violate applicable laws or the rights of third parties (including, in particular, copyrights and other intellectual property rights) and does not violate sec. 4 above. Reviews should be edited in a clear and understandable manner, moreover, they must not contain:
- vulgarities, obscene, pornographic content or incitement to spread hatred, racism, xenophobia and conflicts between nations,
- data of Users or other individuals,
- content that undermines the good name, reputation of the Store or other persons including the Seller,
- content that does not reflect the actual condition of the subject of the transaction.
The Seller may remove content in whole or in part and, moreover, edit it in the event that the posted content:
- refers to a different product,
- violates the rules set forth in sec. 4, 5, 6 above,
- violates applicable laws, decency or harms religious feelings,
- infringes on patent rights, copyrights, business secrecy or other intellectual property rights.
Any person and any entity may use the via e-mail address: biuro@horecaparts.pl to contact the Seller to clarify, correct, amend or delete the content of a review. Each report shall be verified by the Seller within 7 business days. If it is determined that a review violates generally applicable laws or these regulations, the Seller shall remove or modify it.
By posting a review, the user agrees to its free use by the Seller or other entities cooperating with the Seller, as well as its modification to the extent indicated above (including deletion).
The Seller does not verify and has no influence on reviews posted about the Products on platforms other than the Store.

§ 18 FINAL PROVISIONS

The Seller reserves the right to carry out Orders on different terms and conditions than those indicated in these Rules, which in particular applies to Orders with large amounts of Goods. In this case, Orders shall be fulfilled on individual terms and conditions agreed separately by the Seller with the Buyer.
In matters not regulated by the provisions of the Rules, the relevant provisions of the Polish Civil Code and other laws shall apply.
The invalidity of individual provisions shall not affect the validity of the remaining provisions of the Rules.
Provisions of the Rules that are invalid or ineffective shall, by virtue of these Rules, be replaced by provisions that are valid under the law and fully effective, producing legal effects that provide economic benefits for each Party that are as close to the originally intended ones as possible.
The text of the Rules in Polish is the original version. If the Rules are applied in a foreign language version, the Polish version shall prevail in resolving any ambiguities.
The parties shall seek to amicably resolve any disputes arising in connection with the performance of the agreements covered by these terms and conditions. If it is not possible to settle a matter amicably, the competent court to resolve the dispute shall be the court having jurisdiction over the place of the Seller's registered office, or in accordance with mandatory provisions of law (this reservation shall not apply to Consumers).
The law applicable to these Rules is Polish law, and they should be construed in accordance with it.
In connection with the implementation of the provisions of these Rules, Orders, and Sale Agreements, the parties shall contact each other through persons at e-mail addresses and telephone numbers indicated in the content of the Order or Sale Agreement.
The provisions of the Rules do not affect the rights under the Act on Protection of Consumer Rights and the provisions of civil law applicable in this regard.
The Seller reserves the right to amend and repeal the Rules and issue new Rules. The actions referred to in the preceding sentence may be taken in particular due to a change in the scope of services provided, the type and character of the Goods sold, a change in the organisation and operating costs, changes in the industry market, changes in applicable regulations, etc.
With regard to agreements concluded with Buyers who are entrepreneurs and who have their registered office outside the Republic of Poland, in matters not covered by these Rules, only the relevant provisions of the law in force in the territory of the Republic of Poland shall apply.
With regard to agreements concluded with Buyers who are Consumers with their habitual residence outside the Republic of Poland, in matters not covered by these Rules, only the relevant provisions of the law in force on the territory of the Republic of Poland shall apply. However, the application of the relevant laws in force in the territory of the Republic of Poland does not deprive the consumer of the protection he/she is entitled to under the provisions that cannot be excluded by agreement, under the laws that are in force in the territory of the country where the consumer has his/her habitual residence.
The Rules constitute an integral part of the Order and the Sale Agreement. In case of contradictions or inconsistencies, the content of the Sale Agreement shall prevail.

§ 18 DATA PROTECTION

Taking care of the highest quality of our services, in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data (“GDPR"), we inform you that:
The Controller of personal data collected through the Online Store is the Seller. The designated contact person is Mr. Krzysztof Kmieciak, tel. 61 658 70 91, e-mail: krzysztof.kmieciak@horecaparts.pl, serving as the Personal Data Officer.
Personal data shall be processed with the purpose of:
- executing the Sale Agreement, the Agreement for the provision of services by electronic means described in these Rules, or to take actions necessary to conclude the Agreement, e.g. telephone or e-mail contact to send an offer, set the date of performing the service, cancel or change the date of performing the service, delivery (Article 6(1)(b) GDPR),
- marketing Products and services offered by the Controller – after giving separate consent, data may also be processed for the purpose of sending commercial information by electronic means or making telephone calls for marketing purposes – respectively, in connection with Article 10(2) of the Act on the provision of electronic services of 18 July 2002 or Article 172(1) of the Telecommunications Law Act of 16 July 2004 – (Article 6(1)(a) of GDPR),
- performing the Controller's legal obligations, including:
  - issuing and storing invoices and accounting documents,
  - processing complaints and returns within the time and form stipulated by law (Article 6(1)(c) of GDPR),
  - pursuing the legitimate interest of the Controller in case of the need to assert claims as a result of the Buyer's non-performance of the agreement and demonstrating information obligations (Article 6(1)(f) of GDPR).
The Controller may process the following personal data of those who use the Online Store: first and last name/name, delivery address, address of residence/business/premises, e-mail address, PESEL number, contact telephone number, NIP number in case of business entities, bank account number, and in case of entities having an account in the Store, also order history.
Recipients of the personal data of the Online Store's Buyers may include:
- in the case of a Buyer who uses mail or courier service delivery method in the Online Store, the Controller makes the collected personal data of the Buyer available to the selected carrier or intermediary performing the shipment on behalf of the Controller,
- in the case of a Buyer who uses electronic or credit card payment method in the Online Store, the Controller makes the collected personal data of the Buyer available to the selected entity handling the above payments in the Online Store,
- Controller’s IT service providers.
The personal data is subject to profiling. We process data on viewing certain content or purchasing certain Products, as a consequence of using our services and our use of cookies and analytical tools, in order to better tailor our offer to your needs. Data profiling does not lead to automated decisions.
The data subject has the right to access the content of his/her personal data and the right to rectify, erase, restrict processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal. If it is determined that the processing of personal data violates the provisions of the GDPR, the data subject has the right to lodge a complaint with the supervisory authority of the Office for Personal Data Protection.
Personal information is not shared with other parties for marketing purposes.
Provision of personal data is voluntary, although failure to provide the personal data indicated in the Rules necessary for the performance of services shall result in the inability to conclude the Agreement.
Personal data are processed for the purpose of performing the Agreement by the Controller for the time necessary for the performance of these agreements; in the case of compulsory enforcement of claims – for the duration of the proceedings, until their final legal conclusion; in the case of storing data for the purpose of demonstrating information obligations incumbent on the Controller – until the expiration of the Controller's liability for their non-performance; while, to the extent to which the obligation to process personal data is imposed on the Controller by the provisions of the Accounting Act and tax laws – for the duration of this obligation, personal data that are processed on the basis of consent for marketing purposes shall be processed by the Controller until, respectively: a request for their deletion or revocation of the granted consent is made, or objection to their processing in the case of profiling is made.
The Controller shall apply technical and organisational measures to ensure the protection of the processed personal data appropriate to the risks and categories of data under protection, and in particular shall protect the data from being accessed by unauthorised persons, from being taken by an unauthorised person, from being processed in violation of applicable regulations, and from being altered, lost, damaged or destroyed, in accordance with the guidelines of 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 flow of such data.

Annex No. 1 - Template of the resolution (withdrawal from the contract)

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