Online store regulations and privacy policy

§ 1 General provisions

  1. The Regulations set out the rules for making purchases in the Store.
  2. The following terms have the following meanings in these Regulations:

a) Working days – All days of the week from Monday to Friday, excluding public holidays;

b) Customer – a person using the Store who is a natural person with full legal capacity (and therefore, as a rule, who has reached the age of 18), a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law.

c) Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity (Article 22. ¹ of the Civil Code).

d) Customer Account – a collection of information about the Customer, as well as about the activities performed by the Customer within the Store (including: customer data used to process orders placed, order history, data on the Customer’s preferences regarding selected Store functionalities, data on payments and overpayments for orders), etc.

e) Regulations – these regulations.

f) Store or online store – an online store, operating at www.hardyone.eu, operated by the Seller, through which the Seller offers goods to Customers;

g) Vendor – ZBR-INVEST SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Bielsko-Biała at Zwierzyniecka 14 / 64, entered in the Register of Entrepreneurs of the National Register of Entrepreneurs kept by the District Court in Bielsko-Biała under the number 0001011642, NIP: 5472235339, Regon: 52408156000000, the amount of share capital: PLN 5,000.00, Tel +48 88109145, email: sales@hardyone.eu

(h) Durable medium – a material or tool that allows a consumer or a trader to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the stored information to be reconstructed unchanged (Art. 2 item. 4 of the Law of May 30, 2014 on Consumer Rights, Dz.U. 2014 item 827).

(i) Goods – goods (items) available through the Store.

j) Privileged Entrepreneur – a Buyer who is a natural person entering into a contract (including: a contract of sale through the Store) directly related to his/her business activity, when the content of that contract indicates that it is not of a professional nature for the Buyer, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

(3) Prices listed in the Store do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract.

(4) Prices in the Store given in Polish zloty, gross (after adding any customs duties, VAT and other taxes). These prices do not include the cost of delivery and payment -, the amount of which is decided each time by the Customer when placing an order. The final price for a given contract of sale of Goods is determined in the process of submitting an offer (order), in accordance with §3 paragraphs 1 and 2.

§ 2 Account registration

  1. Customers have the opportunity to register on the Store’s website, which results in the creation of an Account.
  2. The creation of a Customer Account is done by::

a) filling out by the Customer the registration form, available on the Store’s website (the form will be displayed after selecting the appropriate subpage of the Store or during ordering). At the very least, it is required to fill in the fields marked as mandatory, These are: name and surname or company, address, shipping address (if different) and e-mail address, and in the case of entrepreneurs – also NIP and REGON,

b) accepting the content of the Terms and Conditions and the cookie policy.

(3) After completing the registration form, a message is sent to the e-mail address provided by the customer, asking to confirm the data provided – by clicking on the reference (link) contained in it. The customer’s account is established upon confirmation.

(4) A customer may delete his or her account in the Store at any time by sending an appropriate request to: sales@hardyone.eu

(5) The Customer may view data within his Account and use the functionality of the Store, which depends on the disposition of the Account, after logging in. Logging in is performed by entering a correct login (email address provided during the registration process) and password on an appropriate subpage of the Store. The Customer undertakes to keep the established password secret and not to allow others to use his Account.

6. the Seller may remove the Account of a given Client also in case of violation of the Terms and Conditions by the Client, and in particular when the Client:

a) Provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,

b) He has committed, through the online store, a violation of personal rights of third parties, in particular, personal rights of other customers of the online store,

In this case, re-registration is not allowed.

(7) The deletion of the Account does not affect the validity of previous legal transactions made by the Seller with the Customer through the Store.

§ 3 Placing orders

  1. The Customer may purchase Goods through the Store. For this purpose, the Customer should add individual Goods to the “shopping cart” and then approve his/her choice by clicking the appropriate option, available on the Store’s website.
  2. After approving the list of selected Goods, the Customer should:

a) specify the method of delivery and payment, and confirm the total price of the Goods (also including VAT, any customs duty, and the cost of delivery and payment – if any)

b) confirm the data collected in the Account, and in the case of non-logged-in Customers – provide the data specified in §2.1 above, and accept the contents of the “regulations” and “privacy and cookies policy” (or log in).

(3) Finally, in the event of a final decision to purchase the Goods on the terms displayed by the Store, the Customer should click “place order with obligation to pay”. From this moment on, it is no longer possible to change the contents of the order.

(4) The performance of the actions referred to in paragraphs 1, 2 and 3 is tantamount to the submission to the Seller by the Customer of an offer to conclude a contract of sale of the goods placed in the shopping cart, at the prices displayed by the system, the delivery costs quoted, etc. (see paragraph 2(a) above).

(5) As soon as the Customer submits an offer in accordance with paragraph 4, a message is sent to the Customer via e-mail, containing a written confirmation of the terms of the submitted offer (order) and a copy of these Regulations.

(6) The conclusion of the contract of sale of the selected Good(s) between the Client and the Seller occurs at the moment of acceptance by the Seller of the previously received offer (order) – in the form of a message sent by e-mail to the address provided by the Client.

(7) Confirmation of the submission of an offer (order) referred to in paragraph 5 is not equivalent to acceptance of the offer (order) referred to in paragraph 6.

8 The Seller provides for the possibility of concluding contracts for the sale of Goods available in the Store bypassing the website, via telephone, e-mail, instant messenger, etc. In such a case, immediately after reaching an agreement on the content of the future contract, the Seller shall send the Customer, by e-mail, fax or using another durable medium, information including: a) a copy of these Regulations and b) the content of the agreed order (data indicated in paragraph 2 letter a above). The contract of sale of the Goods is concluded as soon as the Client confirms the conditions specified in the above information, which will be recorded on a Durable medium. The Seller shall immediately confirm to the Client the circumstance of conclusion of the contract of sale of the Goods on a Durable medium.

§ 4 Payment

  1. The seller provides for the following payment methods:

– payment via PayPal,

– payment through the Przelewy 24 service

The customer should indicate the selected payment method in the order form.

(2) The use of certain payment methods requires the Customer to conclude an agreement on the subject of payment processing with a certain third party (payment intermediary). The Seller is not a party to these agreements, but only shares the Customer’s personal data with the payment intermediary to the necessary extent. Payment intermediaries are:

a) Przelewy24

(b) PayPal

(3) The cost of payment depends on the selected payment method. The customer is notified of the cost of payment of the Goods in question before placing the order, in accordance with §3. In addition, information about the current rates is also available at all times on the Store’s website.

(4) Immediately after the conclusion of the contract of sale of Goods, the Seller shall issue to the Customer the appropriate fiscal document (VAT invoice or receipt) and attach this document to the Goods.

(5) In the case of payment by bank transfer, payment shall be made before delivery of the Goods, and in the case of payment “cash on delivery” – upon delivery of the Goods.

(6) Transfers should be made to the Seller’s bank account No. PLN 67 1020 2528 0000 5986 or USD 75 1020 2528 0000 0702 0603 or EURO 74 1020 2528 0000 0302 0659 3513.

§ 5 Order completion and delivery of Goods

  1. The Seller shall proceed with the execution of the Customer’s order immediately after the conclusion of the contract of sale of the Goods covered by the order (in the case of payment “cash on delivery”) or immediately after crediting the payment for the Goods to its bank account (in the case of payment by bank transfer).

(2) The method of delivery and the address at which delivery will be made should be specified by the customer in the order form.

3. Possible delivery methods are:

– delivery via Jakub Wolny Epaka.pl based in Bielsko-Biała 43-100 at Stawowa Street 29

(4) Delivery methods, other than personal collection, are carried out by the Seller through third parties (carriers). In the case of selection of one of these delivery methods, the Seller makes the Customer’s personal data available to the respective carrier to the necessary extent.

(5) The cost of delivery depends on: the selected method of delivery and the selected method of payment (with cash on delivery the cost of delivery is higher). The customer is notified of the cost of delivery of the Goods in question before placing the order, in accordance with §3. In addition, information about the current rates is also available at all times on the Store’s website.

(6) The delivery time of an order is the sum of the time of transfer of the shipment to the supplier and the time of delivery of the shipment by the supplier. The Seller undertakes that it will hand over the Goods to the carrier (or: make them available for collection at its premises) within the time specified next to their description, placed in the Store. The time within which the Goods will be released to the Customer by the supplier, on the other hand, depends on the selected delivery method.

(7) In the event that the order cannot be fulfilled within the timeframe specified in paragraph 6 above, the Seller may inform the Customer by e-mail and return to the Customer the entire amount of money received – unless the Customer agrees to extend the time of receipt of the Goods. This applies in particular to Goods that require customization for a specific Customer.

(8) Customers are asked to carefully check the condition of the shipment in the presence of the courier, and if it is found to be damaged or defective – to refuse receipt and sign the appropriate protocol. For the avoidance of doubt, the Seller declares that the performance of the aforementioned actions is not the responsibility of the Customer.

9 The address to which the goods are to be shipped should be within the European Union. The seller does not make deliveries outside this area.

§ 6 Liability for defects

  1. Warranty terms for the Goods are specified by the manufacturers of the Goods or other guarantors in the warranty documents attached to the Goods. Warranty rights must be exercised in accordance with the terms and conditions on the relevant warranty document.

2. The Seller shall be liable for defects of the Goods or non-conformity of the Goods with the contract under the rules set forth in generally applicable laws, whereby:

a) in the case of Buyers who are Consumers or Privileged Entrepreneurs, concluding with the Seller a contract obliging to transfer ownership of the Goods to the Consumer or Privileged Entrepreneur, including, in particular, a contract of sale, a contract for delivery or a contract for work that is the Goods – the rules of the Seller’s liability for non-compliance of the Goods with the contract are defined in particular by the provisions of Article 43a and subsequent articles of the Law of May 30, 2014 on Consumer Rights (Journal of Laws 2020.287 i.e.),

b) in the case of other Buyers – the principles of the Seller’s liability for defects of the Goods are defined in particular by the provisions on warranty for defects, contained in Article 556 and subsequent articles of the Act of April 23, 1964 of the Civil Code (Journal of Laws 2022.1360 i.e.).

3. Defects in goods (complaints) can be reported via e-mail to the address sales@hardyone.eu or in writing to the Seller’s address given in §1.

4. In the content of the complaint application, the Customer should, if possible, specify:

(a) Customer contact information,

b) the number of the fiscal document (invoice or receipt) issued for the goods to which the complaint relates.

c) a description of the defect or non-conformity of the Goods with the contract, including in particular: what the defect/non-conformity consists of, when it appeared.

d) what the customer requests in connection with the complaint (e.g. repair or replacement of the Goods, price reduction, withdrawal from the contract),

e) the basis of the Customer’s claims (e.g., warranty, non-conformity of the Goods with the contract, guarantee),

– whereby the absence of any of the above elements in the complaint application, made by a Customer who is a Consumer or Privileged Entrepreneur, shall not prevent the processing of the complaint. However, sending complete documentation may expedite the proceedings.

5. In the event of a complaint:

a) A Customer who is a Consumer or Privileged Businessman, making a request for repair or replacement of Goods – is obliged to make available to the Seller the Goods to which the complaint relates. The Seller shall collect such Goods at its expense. If the Goods were assembled before the Goods’ non-conformity with the contract became apparent, the Seller shall disassemble the Goods and reassemble them after repair or replacement, or have these activities performed at its expense.

b) The Customer who is a Consumer or Privileged Entrepreneur who makes a declaration of withdrawal from the contract – immediately returns the Goods to the Seller, at the Seller’s expense, to the Seller’s registered address at the address: Street. Zwierzyniecka 14/64, 43-300 Bielsko-Biała.

c) Customer who is not a Consumer or Privileged Entrepreneur – shall, at the Seller’s expense, deliver the defective Goods to the Seller’s registered office at the address: Street. Zwierzyniecka 14/64, 43-300 Bielsko-Biała.

§ 7 Right of withdrawal

  1. The Customer, who is a Consumer or Privileged Entrepreneur, may withdraw from the contract of sale of the Goods without giving any reason. The term of withdrawal shall expire after 14 days from the date on which the Customer took possession of the Goods or from the date on which a third party indicated by the Customer, other than the carrier, took possession of the Goods.

2. In the case of a contract covering multiple Goods, which are delivered separately, in batches or in parts – the deadline for withdrawal from the contract shall expire after 14 days from the day on which the Customer took possession of the last of the Goods or from the day on which a third party indicated by the Customer, other than the carrier, took possession of the last of the Goods.

3. To meet the deadlines referred to in paragraphs 1 and 2, it is sufficient to send the Seller a statement of withdrawal from the contract before the deadline.

(4) Withdrawal from the contract of sale of Goods takes place by submitting an unambiguous statement to the Seller by the Customer. Such a statement may be made on the form, which constitutes Appendix No. 1 to these Regulations, but it is not mandatory.

(5) The declaration of withdrawal may also be made by the Client in electronic form, by completing and sending the withdrawal form or any unambiguous statement via the website. In such a case, the Seller will immediately send the Customer an acknowledgement of receipt of the withdrawal information on a durable medium.

(6) In case of withdrawal from the contract of sale of Goods by the Customer in accordance with the procedure described in this paragraph:

a) The Customer should send back the Goods to the Seller to the address Zwierzyniecka 14/64 43-300 Bielsko-Biała immediately, and in any case no later than 14 days from the date on which he or she withdrew from the contract of sale of the Goods. The deadline is met if the Customer sends back the Goods before the expiry of the 14-day period. The direct costs of returning the Goods shall be borne by the Customer.

b) The Seller shall return to the Customer all payments received from the Customer, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date of withdrawal from the contract of sale of the Goods by the Customer. The seller will return the payment using the same means of payment that were used by the Customer in the original transaction, unless the Customer expressly agrees otherwise. In any case, the Customer will not incur any fees in connection with this return.

7. the Seller may withhold reimbursement until it receives the Goods or until it provides the Seller with proof of their return, whichever event occurs first.

(8) The customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.

(9) The right of withdrawal referred to in this paragraph does not apply to the Customer with respect to the contracts indicated in Article 38 of the Law of May 30, 2014 on Consumer Rights (Journal of Laws 2020.287 t.j.), including contracts:

a) for the provision of services for which the Buyer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Buyer, who was informed before the start of the service, that after the performance by the Seller, he will lose the right to withdraw from the contract, and accepted it,

b) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal;

c) in which the subject of the service is a non-refabricated item, produced to the Customer’s specifications or serving to meet his individualized needs;

d) in which the object of performance is an item that is perishable or has a short shelf life;

e) in which the subject of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;

(f) in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things;

(g) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;

h) in which the Customer expressly requested that the trader come to him to perform urgent repair or maintenance; if the trader provides additional services other than those requested by the Customer, or provides things other than the spare parts necessary for the repair or maintenance, the Customer has the right to withdraw from the contract with respect to additional services or things

i) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

(j) for the provision of daily newspapers, periodicals or magazines, except for a subscription contract.

(k) concluded through a public auction.

§ 8 Technical requirements, prohibition of posting illegal content, complaints about the Store's operations

  1. The Seller makes available to Customers through the Store the possibility of free use of services provided electronically (within the meaning of the Act of July 18, 2002 on the provision of services by electronic means, i.e. Journal of Laws 2017.1219; hereinafter: the a.s.d.d.e.), the content of which is the use of the functionality of the Store – including, in particular:

(a) making the contents of the Store available,

(b) registration and maintenance of the Account,

c) concluding with the Seller contracts of sale of Goods available in the Store

2. In order to use the above services, the Customer should have: a device that allows connection to the Internet and has an operating system, an Internet connection, the necessary software (web browser) and an e-mail account.

(3) The conclusion of agreements for the provision of services referred to in §8(1) is made by the Customer’s submission of an appropriate individual request for data transmission via telecommunications network (which may be done in the case of §8(1)(a) by opening the Store website, and in the case of other services indicated in §8(1) – by completing and approving an appropriate form within the Store). The contracts in question are terminated after their full performance, and in the case of services of a continuous nature – by termination by one of the Parties at any time. The relevant statement may be sent to the Seller by the Client by e-mail, to the address sales@hardyone.eu

(4) The Customer undertakes not to place within the Store content (e.g. comments) of an unlawful nature – including, in particular, content that promotes violence or pornography or content that violates the rights of third parties. In the event that the Seller receives official notice or credible information about the unlawful nature of stored content provided by the Customer, the Seller may prevent access to such content.

5. The customer undertakes to

a) not to use the Store in a way that interferes with its operation, in particular by using certain software or devices,

(b) not to take actions such as: sending or posting unsolicited commercial information (spam) within the online store,

c) use the online store in a manner that is not burdensome to other customers and the Seller,

(6) In case of dissatisfaction with the activities of the Store, the Customer has the opportunity to file a complaint by e-mail, to the following address: sales@hardyone.eu. The Customer will be informed about the handling of the complaint at the e-mail address from which it was sent, within 14 days of its receipt by the Seller.

(7) These Rules and Regulations, including in particular this paragraph, are at the same time the rules and regulations for the services indicated in Paragraph 1, as defined in Article 8 of the U.S.S.D.E., and are permanently available on the Store’s website. The conditions for creating and deleting a Customer Account are specified in §2 above.

8. There is no third-party software – so-called third-party cookies – within the Store.

§ 9 Personal data

  1. The administrator of the Customer’s personal data is the Seller, whose data is indicated in §1 above.

2. The Customer’s personal data will be processed by the Seller in accordance with generally applicable regulations (including: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC – hereinafter referred to as RODO) – for the period of carrying out activities directed to the realization of the purposes in connection with which they were collected.

3. The Seller processes personal data of the Customers for the purpose of:

a) performance of agreements for the provision of electronic services, contracts of sale or other agreements concluded under the terms of these Terms and Conditions – in particular in connection with the registration of an Account or placing orders. The basis for processing in such a case is the performance of the contract with the Customer or taking action at the Customer’s request before concluding the contract (Article 6(1)(b) of the DPA).

b) performance of legal obligations incumbent on the Seller, in particular in terms of keeping proper accounting records (Article 6(1)(c) of the DPA).

c) to promote the Seller’s own goods or services, as well as to create compilations, analyses and statistics and to assert claims. The basis for processing in such a case is the legitimate interest of the Seller (Article 6(1)(f) RODO).

(4) Data may also be processed by the Controller more broadly, based on consent (Article 6(1)(a) of the DPA). In this case, the data subject has the right to withdraw consent at any time, without affecting the lawfulness of processing performed on the basis of consent before its withdrawal. The data will be processed for the period resulting from the content of the consent (or until the date of withdrawal of consent, whichever comes first).

(5) In any case, the disclosure of personal data by the Customer is voluntary – with the exception that some data are necessary for the Seller to perform the sales contract concluded through the Store.

(6) The Customer’s personal data may be made available to third parties only for the purpose in the event that the Seller is authorized or obliged to do so by law. Recipients of the data may be, in particular: persons operating infrastructure or IT systems, subcontractors, persons providing services related to the execution or improvement of the sales process (e.g. payment intermediaries, banks, advertising agencies, couriers or carriers), as well as advisors (e.g. for accounting or legal services) or auditors.

7. Personal data will not be processed in a manner that constitutes profiling.

(8) Personal data may be transferred by the Administrator to third countries (outside the European Economic Area). In such a case, the data will be secured in the manner required by generally applicable regulations, in particular through the use of so-called standard contractual clauses (SCC).

(9) The Customer has the right to access, rectify, erase or restrict processing of his personal data, and the right to object to processing, as well as the right to data portability. The Customer has the right to object especially when there is no basis for processing the data or when the data is processed for direct marketing purposes.

10. in case the processing is carried out in violation of the law, the Customer has the right to lodge a complaint to the supervisory authority – the President of the Office for Personal Data Protection.

§ 10 Amendments to the regulations

  1. The Seller shall have the right to change the provisions of these Terms and Conditions (including: appendices to the Terms and Conditions) – for important reasons. Important reasons are considered to be, in particular:

a) changing the functionality of the Store,

(b) change in applicable laws,

(c) change in the business profile of the Seller

d) change the type or scope of services (goods or services) offered through the Store, or the manner in which these services are provided.

2. Buyers who have registered and set up an Account will be informed of the changes to the Terms and Conditions, made in accordance with paragraph 1, when logging in for the first time or in the form of a separate statement by the Seller. If the Buyer does not accept the changes, the Buyer may send the Seller an appropriate statement – which will result in the immediate removal of the Account.

(3) Amendments to the Regulations will not in any way affect the rights acquired by the Buyers, and in particular will not affect the submitted Orders – which will be carried out under the existing rules.

§ 11 Final provisions

  1. The law applicable to these Rules and Regulations, as well as to all contracts concluded in pursuance thereof (including, in particular, contracts for the sale of Goods) shall be Polish law.

2. In the case of Customers who are Consumers or Privileged Entrepreneurs, whose place of permanent residence is within the European Union (excluding Denmark), but outside the territory of the Republic of Poland – paragraph 1 shall apply to the extent that it does not exclude the application of the provisions in force in the country of permanent residence of the Customer, which cannot be excluded by contract (see Article 6 of the Regulation of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [Rome I, OJ EU.L.2008.177.6]).

3. The European Commission, as of February 15, 2016, at http://ec.europa.eu/consumers/odr, provides a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The Seller’s email address, as a potential point of contact for these matters, is: sales@hardyone.eu

Appendix No. 1 to the regulations - sample withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract)

  1. Addressed to: ………………………

    (Vendor details)


    I/We(*) hereby inform/inform(*) o my/our withdrawal from contract of sale of the following items


    ………………………………………………………………………………………………………………………………….

    ………………………………………………………………………………………………………………………………….

    ………………………………………………………………………………………………………………………………….

    ………………………………………………………………………………………………………………………………….

    ………………………………………………………………………………………………………………………………….


    Date of contract(*)/acceptance(*)



    Name of customer(s)



    Address of customer(s)


    Signature of the client(s) (only if the form is sent in hard copy)

    Date



    (*) Delete as necessary.



Appendix No. 2 to the regulations - Cookies policy
§1

  1. This Policy sets out the rules for Seller’s storage of information and Seller’s access to information already stored on Customer Devices in the form of Cookies.

  2. All terms, as defined in the Regulations, shall also retain their meaning under ni of this Policy. In addition, the following terms are given the following meaning:

a) Cookies – means computer data, in particular small text files, recorded and stored on the devices through which the Customer uses the Store’s websites.

b) Custom Cookies – means Cookies placed by the Seller, related to the provision of electronic services by the Seller through the Store.

c) External Cookies – means Cookies placed by third parties, through the Store’s website.

(d) Policy – this Cookies Policy, attached as Appendix 2 to the Regulations.

e) Device – means an electronic device through which the Customer accesses the Store.

§2

  1. The Seller, by means of Cookies, stores information on the Customer’s Device or accesses information already stored – under the terms of this Policy.

  2. The Seller uses the following types of cookies:

a) Session cookies: they are stored on the Customer’s Device and remain there until the session of a given browser ends. The stored information is then permanently deleted from the Device’s memory.

b) Persistent Cookies: they are stored on the Customer’s Device and remain there until deleted. Ending the session of a given browser or switching off the Device does not delete them from the Device.

(3) The Seller’s use of Cookies does not cause configuration changes in the Customer’s Device and the software installed in this Device.

§3

  1. The Seller uses Custom Cookies in order to adapt the content of the Store to the User’s preferences and needs, in particular taking into account the type of Device with which the User uses the Store.

  2. The seller does not uses External Cookies.

(3) In connection with the use of cookies, the Seller collects only statistical data, related to browsing history. Other data (such as name, surname, address, etc.) are not recorded in any way.

§4
  1. The Customer has the ability to restrict or disable access of Cookies to his/her Device in the settings of the Internet browser or by configuring the service – in particular, in such a way as to block the automatic handling of Cookies or inform about each time Cookies are placed on the Customer’s Device. Detailed information on the possibility and methods of using Cookies is available in the settings of your software (web browser).

(2) The customer may delete cookies at any time.

(3) Restricting the use of cookies, may affect some of the functionality available on the Store’s website.

Appendix No. 3 to the regulations - General Terms and Conditions of Guarantee.
  1. The Seller provides the Customers with a quality guarantee for the Goods purchased through the Store – under the terms of these General Terms of Guarantee.

(2) The warranty is provided with respect to:

a) kiteboards from the 50/fifty, NHP, 2HD and XTR series – for a period of 3 years from the date of sale.

b) other kiteboards and kites – for a period of 1 year from the date of sale.

– as long as it follows from the description of the Goods, placed in the Store.

(3) The condition for exercising the warranty is to present the receipt, VAT invoice or other proof of sale of the Goods to the Seller.

(4) The rights under the warranty shall be vested exclusively in the first purchaser of the Goods (the Customer). The Customer has no right to transfer these rights to third parties.

(5) The warranty shall cover only defects arising from causes inherent in the sold Goods, which became apparent and were promptly reported to the Seller during the warranty period.

(6) The warranty does not cover cases where:

(a) a defect in the Goods resulting from improper installation,

(b) a defect in the Goods occurred during transportation,

(c) The Goods have been misused (e.g., when the Goods have been hit by hard objects, especially boards against stones on the beach), used contrary to their intended use, instructions for use, or improperly maintained,

(d) the manufacturer’s recommended consumables were not used,

(e) the defect in the Goods does not occur under normal operating conditions,

(f) The Goods have been subjected to arbitrary alteration, modification, repair or have been disassembled;

(g) a defect caused by normal wear and tear of the Goods.

h) the defect in the Goods was reported to the Seller after 14 days from its disclosure.

(i) the defect in the Goods, being a kiteboard, relates to the fin of the board.

7 The warranty does not cover accessories, issued together with the Goods indicated in para. 1 OWG, such as in particular: bag, cover, etc.

(8) The condition for the consideration of the Customer’s claims under the guarantee is:

a) Registration of the Goods on the Store’s website at: http://www.hardyone.eu/ – During which the Customer is obliged to provide, among other things, the serial number of the Goods.

b) Submission of a defect report containing the elements indicated in §6.4 of the Regulations.

(c) At the request of the Seller – sending by the Customer the Goods to which the application relates to the Seller’s premises.

(9) Warranty applications should be sent by e-mail to: sales@hardyone.eu. Warranty applications will be processed within 2 business days from the receipt by the Seller of a complete application (meeting all the requirements indicated in the Regulations and OWG), and if it became necessary – from the delivery to the Seller of the Goods to which the application refers.

(10) In the case of recognition of a claim under the warranty, the Seller shall, at its option, repair the Goods, replace the Goods with the same Goods free of defects or with similar Goods with parameters not inferior to the Goods complained of – within 14 days from the date of recognition of the warranty claim.

(11) If the claim is accepted and a decision is made to replace the Goods with new ones, if the application is processed without returning the Goods to the Seller, the Seller may call on the Customer to return the Goods or destroy them and provide the relevant documentation.

(12) In case of non-recognition of the claim under the warranty, the Customer shall be obliged to take back the Goods at his own expense within 7 days from the receipt of the Seller’s position on non-recognition of the claim. If the Customer does not take back the Goods within 30 days from the date of receipt of the refusal to recognize the claim, the Seller may destroy the Goods. In this case, the Customer shall not be entitled to any further claims.

(13) The Seller shall not be liable for any damages incurred by the Customer in connection with the occurrence of a defect and shall not cover the costs of assembly and disassembly of the Goods and other possible additional costs associated with the use of defective Goods, as well as shall not be liable in any way for lost profits, including loss of customers, reduction of sales or profits, loss of good name of the company or damages arising in connection with proceedings initiated by third parties.

14 This warranty applies only to those Goods expressly indicated herein and grants only expressly reserved rights.

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