Terms & Conditions
defining, among others rules for concluding sales contracts through a store containing the most important information about the Seller, the Store and consumer rights.
§1. Preliminary Provisions
1. The Hector and Friends online store, available at www.hectorandfriends.com, is run and owned by Renata Kaminska, 11 Ancill Close, W6 8EP London, United Kingdom.
2. These regulations are addressed to Consumers and specify the rules and procedure for making a legally binding agreement with the Consumer through the Store.
3. Through the Store, the Seller sells retail books of his authorship, hereinafter referred to as Products.
4. The Seller reserves the right to limit the number of ordered Products offered in the Store at promotional prices.
5. The Seller does not wholesale Products in the Store, as well as the sale of Products for resale. Wholesale orders are understood in particular as orders whose quantity or frequency indicates a desire for resale. If you want to place a wholesale order, the Customer may send a request for quotation to the Seller via email address: firstname.lastname@example.org to determine the conditions.
6. In the case of an order referred to in point 5 the Seller reserves the right to cancel such an order. In this case, the Customer will receive from the Store a message about the cancellation of the order by email to the email address provided when placing the order.
1. Consumer – an individual acting for purposes which are whole or mainly outside his or her trade, business, craft or profession who concluding a contract with the Seller
2. Seller – an individual person, Renata Kaminska, 11 Ancill Close, W6 8EP London, United Kingdom
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a legal person and an organizational unit which is not a legal person, to whom a separate law confers legal capacity, carrying out on its own behalf a business activity that uses the Store.
5. Store – an online store run by the Seller via website www.hectorandfriends.com.
6. Distance contract – a contract concluded between Customer and Seller under an organised distance sale or service provision scheme, without the simultaneous physical presence of the Seller and the Customer. It includes contracts made through the internet.
7. Regulations – these Regulations of the Store.
8. Order – Customer’s order for Products from the Seller as submitted following the step by step process set out on the Website.
9. Account – a customer’s account in the Store, in which data provided by the Customer and information about Orders placed in the Store are collected.
10. Registration form – a form available in the Store that allows you to create an Account.
11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store’s software, in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – according to the characteristics of the Product – a service contract and a specific task contract.
§3. Contact with the Store
1. Seller Address: 11 Ancill Close, W6 8EP London, United Kingdom
2. Seller’s e-mail address: email@example.com
3. The Seller’s telephone number: +44 7479 309 194
4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
5. The Customer may communicate by phone with the Seller on business days Monday – Friday 10 am – 12:00 am or 6 pm – 8 pm. In other cases, electronic contact is recommended.
§4. Technical requirements
To use the Store, including browsing the Store’s assortment, and place orders for Products, you need:
1. an end device with access to the Internet and a web browser,
2. active e-mail account (e-mail),
3. enabled cookies
4. FlashPlayer installed.
§5. General information
1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the technical infrastructure of the Customer.
2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations, or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
3. The prices given in the Store are given in English pounds (£) and Polish zloty (PLN) and are gross prices.
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including at the time of the will to be bound by the Sales Agreement.
§ 6. Creating an Account in the Store
1. To set up an Account in the Store, when placing an Order, check the box next to “Create Account?” And create a password for the Account. The following details must be provided:
• first name and last name
• residential address (country, street, zip code, city)
• e-mail adress.
• phone number
2. Creating an Account in the Store is free and voluntary.
3. Logging in to the Account is done by entering the login and password established when creating the Account.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 7. Order placement rules
In order to place an Order:
1. log in to the Store (optional);
2. select the Product being the subject of the Order, and then click “Add to basket” (or equivalent);
3. log in or use the option of placing an Order without registration;
4.if the option of placing an Order without registration has been selected – complete the Order Form by entering the recipient’s details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient’s data,
5. Click “Order and pay” / click “Order and pay” and confirm the order by clicking on the link sent in the email,
6. select one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
§8. Offered delivery and payment methods
1. The Customer may use the following methods of delivery or receipt of the ordered Product:
• Standard shipment, carried out by Post
• DPD courier
• Personal pickup in Warsaw (PL) at; Printing and Advertising Studio, ul. Felinskiego 24, 01-569 Warsaw. Available only on business days Monday – Friday during hours. 11 am – 5 pm by appointment at tel.+48 502 458 805. Pick up won’t be available without prior telephone confirmation.
2. The customer may use the following payment methods:
• Stripe payments, including card payment, bank transfer
• DotPay payments (e.g. bank transfers)
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§ 9. Performance of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided during the submission of the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon the receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If selected by the Customer:
1.payment by bank transfer, the Customer is obliged to make the payment within 2 calendar days from the date of the Sale Agreement – otherwise the order will be cancelled.
4. If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. When ordering Products with different delivery times,
1. the delivery date is the longest given date.
2. The Customer has the option of requesting the delivery of Products in parts or delivery of all Products after completing the entire order.
6. The beginning of the delivery period of the Product to the Customer counts as follows:
1. If the Customer chooses the method of payment by bank transfer – from the date of crediting the Seller’s bank account.
2. If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement,
7. Product delivery takes place throughout the world, subject to the availability of adequate postal services in the region.
8. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
§10. The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The time limit specified in para. 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
3. In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the deadline specified in paragraph 1 runs from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
5. The statement may be sent by traditional mail to the Seller’s address, or by electronic means, by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted to form, a template of which is attached as Annex 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
6. In the event of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
7. Effects of withdrawal from the Agreement:
1. In the event of withdrawal from a Distance Contract, the Contract shall be considered null and void.
2. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, all payments made by him, including the costs of delivery, except for additional costs resulting from the consumer’s choice. delivery method other than the cheapest usual delivery method offered by the Seller.
3. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
4. The Seller may withhold reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first.
5. The consumer should send the Product to the address of Studio Poligraficzno – Reklamowe, ul. Felinskiego 24, 01-569 Warsaw, Poland with the note ‘Return’ immediately, not later than 14 days from the day on which he informed the Seller about withdrawal from the Contract. The deadline will be met if the Consumer sends the Product back within 14 days.
6. The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary mail.
7. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
8. In the event that due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be in the description of the Product in the Store.
9. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
1. 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,
2. 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,
3. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after fulfilling the service by the Seller he will lose the right to withdraw from the Contract,
4. 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 Agreement,
5. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
6. 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,
7. for the delivery of digital content that is not saved 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 informing him by the seller about the loss of the right to withdraw from the contract,
§11. Complaint and warranty
1. New Products are covered by the Sales Agreement.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
3. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
4. It is recommended that the complaint include, inter alia, brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
5. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Client’s request was considered justified.
6. Goods sent back as part of the complaint procedure should be sent to the address of Studio Poligraficzno – Reklamowe, ul. Felinskiego 24, 01-569 Warsaw, Poland.
7. If a warranty has been granted on a Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§12. Out-of-court complaint consideration and redress methods
1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates .
2. The consumer has the following examples of possibilities of using extrajudicial means of dealing with complaints and redress:
1. The consumer is entitled to apply to a permanent amicable consumer court with a request to settle a dispute arising from the Agreement concluded with the Seller.
2. The consumer is entitled to apply to the voivodeship inspector of Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the consumer ombudsman or social organization whose statutory tasks include consumer protection.
§13. Personal data in the Online Store
1. The administrator of personal data of Customers collected through the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store customers may be:
1. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
2. In the case of a Customer who uses the Online Store with the method of electronic payment or a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
4. The Customer has the right to access their data and correct it.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this agreement.
1. All rights to the Products and the Online Store, including proprietary copyrights, intellectual property rights to their names, Internet domain, Store website, as well as to templates, forms, logos, photos, posted on the Online Store website (except for some designs, logos and photos presented in the Online Store, to which copyright belongs to third parties) belong to the Seller.
3. In particular, they are prohibited for commercial purposes without the prior written consent of the Seller: reproduction, copying, transferring, distributing or storing part or all of the contents of the Products and the Store’s website, unless otherwise provided in the Regulations – in particular regarding the right to download and storage of the Regulations.
4. The use of parts or all of the content of the Products is prohibited and will be prosecuted as a copyright infringement. The use of parts or all of the contents of the Products is prohibited and will be prosecuted as a copyright infringement. It is only allowed to use the image or content of the Products for the purposes of advertising and increase interest in them after prior agreement with the author of the book and the website manager selling it. Contact is possible by email: firstname.lastname@example.org or via the contact form on the Website.
5. The Customer, placing as part of the Online Store or the implementation of the Electronic Service, e.g. as part of posting reviews to the Product any content, in particular graphics, comments, opinions or statements hereby grants the Seller a non-exclusive, free license to use, record, change, delete, supplementing, public performance, public display, reproduction and dissemination (in particular on the Internet) of this content on the territory of the whole world. This right includes the right to grant sublicenses to the extent justified by the implementation of the Sales Agreement or contract for the provision of Electronic Services (including the functioning and development of the Online Store), as well as the authorization to exercise independently or through third parties dependent rights in the development, adaptation, alteration and translations of the work within the meaning of the Copyright and Related Rights Act of February 4, 1994.
§15. Final Provisions
1. Agreements concluded through the Online Store are concluded in Polish or English.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform about the change by placing a message on the main page of the website about a change in the Regulations, containing a list of changes and maintaining this information on the website at least 7 days in advance to the anticipated changes.
3. In matters not covered by these Regulations, the generally applicable provisions of Polish and English law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
Annex 1 to the Regulations
Below is a sample withdrawal form that the Customer may or may not use:
MODEL WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract) to: Renata Kaminska, 11 Ancill Close, W6 8EP London, United Kingdom or via email: email@example.com
I hereby give notice that I cancel my contract of sales of the following products:
Ordered on _____________ (date)
Name of Consumer:_____________________________________
Address of Consumer: ___________________________________
Signature of Customer (pnly of this form is notified on paper)