Terms of use

TERMS OF USE for www.heartbeat-clothing.com Please read and review our terms of use carefully general provisions.

The herein Terms of Use govern the use of www.heartbeat-clothing.com and are applicable to all visitors of this Website. These Terms of Use consider in particular the conditions of concluding and dissolving a contract (placing an order) as well as complaints procedure. All pages of this website are the property of Anna Pipińska hereinafter referred to as the «Seller» who runs business activity under the company name of «”Pomarańcza” Paweł Behnke» with Taxpayer Identification Number NIP 8941374702, National Business Registry Number REGON 931182530 and registered address at ul Żołnierska 73B, 58-562 Podgórzyn Poland. The Seller owns a registered personal database called «Baza Klientów Sklepu www.heartbeat-clothing.pl».

The following notions in these terms of use have the following meaning:

Seller – the subject who runs this Website – Paweł Behkne – who conducts business activity under the company name of «”Pomarańcza” Paweł Behnke ».

User / Buyer – a person who makes purchases on this website.

Website – a teleinformatic sales platform maintained by the Seller under the following web addresses:
– www.heartbeat-clothing.pl
– www.heratbeat-clothing.com.

§ 1
Scope of operation.
  1. The herein Website enables placing orders twenty four hours a day. The Website offers a retail sale of climbing clothing for both men and women.
  2. All the goods offered on this Website directed towards consumers, i.e. natural persons acting beyond the scope of their business activities.
  3. Pictures of the products as well as determining the price and specification of these products constitute trade offer. All the prices given are expressed in Polish Zlotys and are gross prices, namely are inclusive of Value Added Tax of 23%.
  4. Delivery cost becomes visible in the basket section after the User chooses the goods they want.
  5. Placing an order is achieved by clicking on the “add to basket” button.
  6. Al shopping options are available for registered Users. User can also place an order without being registered on the website.
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§ 2
technical requirements necessary for cooperation with teleinformatic system.
  1. The Website allows placing orders with the use of widely available software, i.e. properly installed web browsers based on the technology of cookies. They are: Mozilla Firefox version 3 and higher, Opera version 9 and higher, Google Chrome version 25 and higher, Internet Explorer version 8 or higher, Safari. The browsers should also be up to date with the latest versions of Java and Flash. Recommended screen resolution is 1024×768. All software by other companies can affect the functioning of this website and thus should be turned off.
  2. The Seller bears no responsibility for technical problems or limitations which occur in computer hardware, computer network or software used by the User in order to use this Website, even if these technical difficulties make it impossible or inconvenient for the User to use this Website.
  3. The Seller hereby declares that as part of services rendered described in these Terms of Use, the User is forbidden to post content (e.g. comments) of illegal character. By agreeing to be bound by these Terms of Use, the User agrees not to violate the above regulation.
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§ 3
Conditions for placing orders in Europe (outside Poland).
  1. As a condition to the use of this Website’s services, the User shall be familiarized with the following information available on this Website: descriptions of the offered products, conditions of order placing, product prices contained in the price list (expressed in Polish Zlotys (PLN) or in Euros (EUR)) as well as all conditions of these Terms of Use.
  2. In order to place an order for the purchase of one or more products on this Website, the User should click on the “add to basket” button and continue to the payment section to complete the order.
  3. When placing orders in Europe, the following payment methods are available:
    – Using credit card (MasterCard, Visa) via PayPal payment system.
  4. One shall confirm that they are aware of the fact that placing an order carries with it the obligation to make payment for the chosen product(s). In order to confirm the order, it is necessary to click on the activation link in the e-mail sent by the Seller to the Buyer. The e-mail contains the details of the order (i.e. information about the ordered goods, the total purchase price – including VAT and delivery charges – and address information entered in the order form, which enables a successful shipment of goods to the Buyer). In case of lack of compliance with the above-mentioned terms, the Buyer is not bound by a contract with the Seller. Orders that are not confirmed within 24 hours from ordering will be cancelled.
  5. With each order the User may choose proof of purchase in the form of an invoice – either paper of electronic – or receipt. Should a receipt be desired, the appropriate option must be checked by the User when placing an order.
  6. Delivery is effected by sending purchased goods to the address (stated by the Buyer in the order form) using delivery option selected. Personal collection of goods is possible too, either at Seller’s registered office or in other place by appointment.
  7. User who is Consumer who concluded a distance contract of sale may withdraw from the sale agreement without mentioning the reasons by submitting a written statement within ten (10) days from the date of receiving the ordered goods. In order to meet the deadline mentioned above, Seller might be sent a statement with the withdrawal from the contract before the time expires.
  8. In case of withdrawal from the contract, User who is Consumer is obliged to return the goods unchanged unless the change was necessary within the scope of ordinary management. As long as Seller proceeds the return, a refund is issued to the Buyer’s account.
  9. In case of personal collection at Seller’s registered office, the Buyer is not entitled to return the purchased goods and may only exchange it for different goods whose price is equivalent to that of goods purchased previously. We urge to be particularly cautious when shopping.
  10. In accordance with the principle laid down in the ECJ Ruling (case C-511/08), Buyer is charged for the return shipping costs. In order to withdraw from the contract, Buyer shall submit a written statement of withdrawal from a contract. In order to do that, Buyer may use a template of the statement which is available on this Website.
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§ 4
complaints procedure.
  1. In case of the non-conformity of the goods with the contract, Buyer is entitled to make a complaint by contacting Seller electronically (anna@heartbeat-clothing.com) or by post. The complaint form is available for download on this Website.
  2. The complaint letter shall include the following information:
    – full name
    – address for correspondence (including e-mail and a telephone number)
    – item being subject to the complaint
    – cause for complaint
    – signature (personal signature in case of complaint made by post).
  3. Complaints will be investigated by Seller as soon as they are received.
  4. User shall be sent the outcome of the complaint to the email address indicated in the complaint form. In case of communicating through the mail system, the outcome of the complaint shall be sent on the address indicated by User.
  5. In the event of the complaint considered positively, Seller is obliged to set the date and present the procedure of the exchange of the goods that are the subject to the complaint.
  6.  
§ 5
protection and processing of personal information.
  1. Seller (who is the administrator of personal data) protects Users’ personal data.
  2. Data submitted by the User can only be processed in accordance with these Terms of Use for the purposes of executing the order.
  3. The Buyer shall have the right to review his/her data and to demand to change, supplement or remove the data.
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§ 6
final provisions.
  1. These Terms of Use will be applicable at the time of posting on this Website and are an integral part of the contract concluded with the User.
  2. Seller reserves the right to change the content of these Terms of Use. In such a case, User will be notified about the changes electronically thirty (30) days in advance.
  3. Changes to the Terms of Use will not apply to orders placed prior to the effective date of such changes. Such orders will be fulfilled in accordance with the Terms of Use that were in effect when the orders was accepted.
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