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TERMS AND CONDITIONS

  1. HAYB. The owner and operator of the online store under the domain: http://haybcoffee.pl/sklep/ (Store) is COFFEE REPUBLIC Sp. z o.o. 200 Jerozolimskie Avenue, 02-486, Warsaw NIP: 9512342808 REGON:14299394 KRS:389998 (HAYB or We).
  2. Terms and Conditions. These Terms and Conditions define the conditions for the use of the Store, including the conclusion of sales contracts and the provision of other services, including services provided by electronic means.
  3. Contact Information. You can contact Us: by phone: +48 664 311 993 or e-mail: biuro@haybcoffee.pl.
  4. Technical requirements. A device with access to the Internet (computer, smartphone, tablet), a web browser that allows you to display on the computer screen hypertext documents (HTML) linked on the Internet via a network web service, supporting JavaScript and allowing the storage of cookies, having an e-mail account (e-mail address). The condition for placing an Order by phone in the E-store is to have an active e-mail account.
  5. Your data. For information regarding the processing of your personal data, please refer to the privacy policy available here.
  6. Prohibition of unlawful activities. You are obliged to use the Store in accordance with the law and the rules of social intercourse, including to refrain from violating the rights of third parties, including copyrights and personal rights, not to provide false data, not to carry out activities that may interfere with the operation of the Store.
  7. Invitation. Information about products on the pages of the Store, in particular, their descriptions, performance parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  8. Prices. Prices posted within the Store are gross prices (they include the current VAT rate) and do not include delivery costs. The above does not apply to entrepreneurs.
  9. Order. Acquisition of a specific product requires placing an order consisting of filling in electronic forms available in the Store, where you specify, among other things, which product you would like to purchase, provide the necessary data, accept the Regulations and the price and cost of delivery (if applicable) and confirm the order. Depending on the functionality of the Store, placing an order may require registration and creating an account.
  10. Conclusion of Contract. The conclusion of the sales contract for the selected products takes place when all order forms are filled out and the “BUY AND PAY” button is clicked.
  11. Delivery. Delivery is made in the territory of the EU. The costs and conditions of delivery are described on the pages of the Store. Deliveries to other territories require individual agreement with HAYB.
  12. Services. Electronic services may be provided within the Store, depending on the current functionality of the Store. Such services may include: provision of information necessary for placing orders and electronic forms; online complaints.
  13. Subscription. You can subscribe to a subscription service consisting of the possibility to purchase a product periodically for a selected subscription period. Information about the availability of subscriptions, together with an indication of the products and terms and conditions, will be located on the pages of the Store. Joining the subscription program may include an upfront fee, for the entire subscription period or a recurring fee. By choosing a subscription with a recurring fee option, you agree that the payment operator (PayU S.A) will periodically, on a monthly basis, charge your payment card with an amount of money corresponding to the value of the service fee. The fee will be charged by the Payment Operator once a month/quarterly/annually, depending on the selected length of the billing period. As part of the subscription to recurring payments, the customer has the option to save card data and order a standing direct debit. The card data will be stored by the payment operator (PayU S.A.). PayU mediating the payment provides the Token tool (virtual card identifiers), allowing you to assign a unique identifier with which you can make cyclic payments. You may cancel your subscription at any time, before the expiration of its validity period, by sending Us a relevant message.
  14. Complaints. We are obliged to provide consumers with products without physical or legal defects. Complaints can be submitted in writing or via e-mail to the Store’s contact information. The complaint should contain the information necessary for its consideration, including the necessary data and a description of the complaint. Complaints are processed within 14 days. A person purchasing a product for the purpose directly related to his professional or business activity (not being a consumer or individual entrepreneur), in which case our liability is limited to the removal of the defect or withdrawal from the contract from the refund of the amount paid. HAYB’s liability to persons who are not consumers or individual entrepreneurs under the Polish Civil Code is limited to the value of the product purchased.
  15. Right of withdrawal. If you are a consumer or an individual entrepreneur the Polish Civil Code, you may withdraw from the contract for the purchase of a product in the Store within 14 days, without stating a reason and incurring costs except for the costs indicated below, provided that you were properly informed of the necessity to incur them during the ordering process. In this case, you are obliged to return the product to us or give it to a person authorized by us to collect it immediately, but no later than 14 days from the day on which you withdrew from the contract, unless we offer to collect the product ourselves. To meet the deadline it is sufficient to return the item before its expiration. Address for return: 200 Jerozolimskie Avenue, 02-486, Warsaw. You will bear the direct costs of returning the item in connection with the withdrawal from the contract. In case you have made a statement of withdrawal before we have accepted your offer, it ceases to be binding. The period for withdrawal from the contract of sale of a product starts from the day on which you or a person indicated by you other than the carrier took possession of the product (in the case of the sale of multiple products – in possession of the last of them), and in the case of other contracts from the date of their conclusion.
  16. Statement of withdrawal. In order to exercise the right of withdrawal you should make a statement to this effect. To meet the deadline it is sufficient to send the statement before its expiration. The statement can be submitted in any way. We recommend you to use the electronic declaration of withdrawal attached as Appendix 1. The declaration submitted electronically is effective from the moment it is entered into the system and sent to us. We will promptly acknowledge on a durable medium receipt of the statement of withdrawal.
  17. Effects of withdrawal. In the event of withdrawal from this contract, we will return to you all payments received, including the costs of delivery of the product (except for the additional costs resulting from the chosen means of delivery other than the cheapest ordinary means of delivery offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal. We will return the payment using the same means of payment that were used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return. At the time of withdrawal from the contract, the related ancillary contracts expire, if the performance under them is performed by us or a third party under an agreement with us. You shall be liable for any diminution in the value of the product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the product. Exceeding the above limits does not render the withdrawal ineffective.
  18. Exceptions to the right of withdrawal. The right of withdrawal does not apply to contracts indicated in Article 38 of the Law on Consumer Rights, including but not limited to. contracts: for the provision of services, if we have performed the service in full with your express consent, provided that you have been informed before the start of the service that after the performance you will lose the right to withdraw from the contract; whose object of performance is a non-refabricated thing, produced to your specifications or serving to satisfy your individualized needs; whose object of performance is an item supplied in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery; whose object of performance is sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery; o the supply of digital content and electronic licenses that are not recorded on a tangible medium, if the performance has begun with express consent before the expiration of the deadline for withdrawal from the contract and after informing you of the loss of the right to withdraw from the contract; the subject of which is an item that is perishable or has a short shelf life, and in which the subject of the performance is an item that after delivery, due to its nature, is inseparable from other items; in which the subject of the performance is an item that after delivery, due to its nature, is inseparable from other items.
  19. Consumer assistance. A consumer may obtain free assistance regarding his or her rights and a dispute with us by, among other things, contacting a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Information for consumers, including information on how to obtain assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) under the “Settlement of Consumer Disputes” tab. At https://ec.europa.eu/consumers/odr, consumers can access the resolution of consumer disputes electronically through the EU’s online platform (ODR platform). The ODR platform is a multilingual, interactive website for serving consumers and businesses seeking out-of-court resolution of disputes arising from the conclusion of a distance sales or service contract.
  20. Courts. Any disputes arising between us and a non-consumer, or individual entrepreneurs and us, will be resolved by the court with jurisdiction over the registered office of HAYB.
  21. Availability. We make every effort to ensure that the services provided are of the highest standard, however, we do not exclude the possibility of temporarily suspending the availability of the Store in the event of the need for maintenance, inspection, replacement of equipment, or due to the need to upgrade or expand the Store. We will endeavor to ensure that any suspension of the availability of the Store will be done during night hours.
  22. Governing Law. The governing law for the agreement of the Terms and Conditions and legal relations related thereto, is Polish law with reservation to conflicts of law and laws that enforce their jurisdiction. In case of disappearances between Polish and other language versions of this Terms and Conditions the Polish version shall prevail.
  23. Trademarks. All product names on the Store website are used for identification purposes and may be protected and reserved under the provisions of the Act of June 30, 2000. – Industrial Property Law or other provisions of law.
  24. Individualized price adjustment. We may individually adjust the prices of our products to specific persons or specific categories of persons based on automated decision-making and behavioral profiling, but in no case will the above price adjustment result in an increase in the prices of products that arę offered to persons or a specific category of persons. Since individually adjusting prices will not have legal effects or similarly materially affect you, it will not be covered by the regulations of Article 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals 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, RODO). Each time we will inform you of the application of an individually adjusted price, if such price has been applied.
  25. Changes to the Terms and Conditions. We reserve the right to amend the Terms and Conditions for good cause, such as: the need to adapt to the provisions of law directly affecting the Terms and Conditions and resulting in the need to modify the Terms and Conditions in order to comply with the law; the need to adapt the Terms and Conditions to the recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorized public authorities; expansion or change of the functionality of the Store, including the introduction of new services provided electronically or change of the existing functionality of the Store; change of technical conditions for provision of services by electronic means; necessity to remove ambiguities, errors or typographical mistakes that may have occurred in the Rules and Regulations; change of contact details, names, identification numbers, electronic addresses or links included in the Rules and Regulations; prevention of abuse; improvement of service; change of the process of concluding agreements through the Store. The amended Terms and Conditions will be made available in the Store (including downloadable PDF format). We will inform you about the change in the Terms and Conditions through an announcement in the Store. The change in the Rules and Regulations will not affect orders placed before such change, which are processed under the existing terms and conditions.
  26. Content of the Terms and Conditions. The content of these Regulations is made available for free download and saving by any interested person in the electronic version on the Store’s website.

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