Terms and Conditions
Conclusion of an agreement between the Buyer and the Seller may occur in two ways.
The Buyer has the right before placing an order to negotiate all provisions of the agreement with the Seller, including changing the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the Seller (Szumisie sp. z.o.o. 99-400 Łowicz, Jamno 73B).
In case the Buyer is cancelling the order with the possibility of cancelling an agreement on individual negotiations, the following terms and applicable legislations.
- The mailing address name or institution name, location (in the case of a location divided on the streets: street, house number, apartment number or premises; in the case of the location undivided streets: The city name and number of real estate), postcode and town.
- Customer Service Address and complaints:
Jamno 73 B
- Delivery prices – available at http://myhummy.com/delivery-and-methods-of-payment/ you will find an overview of the available types of delivery and its costs.
- Contact details:
Jamno 73 B
mob: +48 500 030 082
- Delivery – the type of transport services and the identity of the delivery and the cost included in the Price list of supplies available atmyhummy.com/page/delivery
- Proof of purchase –invoice, bill or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004, as amended, and other relevant laws.
- Product card – a single sub-page catalog containing information about a single product.
- The customer – private person with full legal capacity, legal person or entity without legal personality and having the capacity to perform legal acts in the Seller’s making the purchase directly associated with its business or professional activity.
- The Civil Code – Civil Code Act of 23 April 1964 as amended.
- The Code of Practice – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on combating unfair commercial practices dated 23 August 2007, as amended.
- Consumer – an adult person with full legal capacity, making the purchase from Seller not directly related to its business or professional activity.
- Shopping Cart – list of products made with products offered in the store based on the election Buyer.
- Buyer – both consumer and customer.
- Delivery address – real-postal address or point of acceptance, specified in the order by the Buyer.
- The moment of delivery – the moment in which the buyer or a person indicated by him to receive the order takes possession of it.
- Payment – method of payment for the subject of the contract and delivery listed at myhummy.com/page/payment
- Consumer law – the Law on Consumer Rights dated 30 May 2014.
- Product –minimum and indivisible amount of things that can be procured, and which is given in the shop of the Seller, as the unit of measurement in determining the price (price / unit).
- Subject of the contract – products and delivery contracted
- Subject benefit – subject of the contract
- Reception center – the place of product reception which is not a postal address, mentioned in the statement provided by the Seller in the shop.
- The thing – the thing movable or not which is the subject of the contract.
- Shop – Internet service available atmyhummy.com, through which buyer can place an order.
Szumisie sp. z o.o.,
Jamno 73 B
NIP:834-188-36-83, REGON: 362282950
BANK ACCOUNT: 77 1140 1977 0000 3857 3500 1002
SWIFT: BREX PL PW
- System – a set of IT equipment and software, providing processing and storage, as well as send and receive data via telecommunications networks by using appropriate for the type of network end device, commonly called the Internet.
- Deadline – stated time frames shown on the sheet number of hours or days.
- Agreement – an agreement concluded away from business premises or at a distance within the meaning of the Act on consumer rights on 30 May 2014. For consumers and sales contract within the meaning of Art. 535 of the Civil Code of 23 April 1964 in the case of buyers.
- Fault – both physical defect and legal defect.
- Physical defect – incompatibility of goods sold to the agreement, especially if the thing:
- it has no properties that favor this type of product which should be according to the purpose designated in the agreement or arising from circumstances or destination;
- does not have properties, the existence of which the Seller assured the Consumer;
- is not suitable for the purpose about which the Consumer has informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to that;
- is delivered incomplete;
- in case of improper installation and run, if these activities were carried out by the Seller or a third party, for which the Seller is responsible, either by the Consumer, who acted according to instructions received from the Seller;
- it has no properties, which provide the manufacturer or his agent or the person who brings the benefit of the market in terms of its economic activity and the person who by putting on stuff sold under his name, trade mark or other distinctive sign presents itself as a producer, unless the Seller was not familiar or could not assess reasonably, he could not know or they could not influence the consumer’sdecision about the conclusion of the agreement, or if their content was corrected prior to the conclusion of the contract.
- Legal defect – a situation when the thing sold is owned by a third party or is encumbered with a right of a third party, and if the restriction on the use or disposal of thing stems from a decision or judgment of the competent authority.
- Order – Buyer’s declaration of an intent made through a catalog specifying clearly: the type and quantity of products; type of delivery; type ofpayment; place the delivery of goods and aimed at Buyer’s data leading directly to a contract between the Buyer and the Seller..
§2 General Terms and Conditions
- The Agreement is concluded in English, in accordance with Polish law and with these rules.
- Place of things delivery must be located on European Union territory.
- The Seller is obliged and undertakes to provide services and deliver things free from defects.
- All prices quoted by the Seller are denominated in Euro currency and are gross prices (including VAT). Prices do not include the cost of delivery, which is specified in the delivery charges.
- All timescales are calculated in accordance with Art. 111 of the Civil Code, which is a period expressed in days expire at the end of the last day, and if a period expressed in days is a certain event, is not taken into account when calculating the date on which the event occurred.
- Confirmation, sharing, consolidating, securing all relevant provisions of the agreement in order to gain access to this information in the future are as follows:
- confirmation of the order by sending by e-mail: orders, invoices pro forma information on the right of withdrawal, of this Regulation in pdf format, the model cancellation form in pdf format, links to downloadable own rules and pattern of cancelling the agreement;
- join the completed order, sent to the designated place of issue printed things: proof of purchase, information about the right of withdrawal, this document, the model of withdrawal form.
- The Seller informs about known to him guarantees given by third parties for products in the store.
- The Seller shall not charge any fees for communicating with him using the means of distance communication, and the Buyer shall bear the costs in the amount resulting from the agreement we entered into with a third party provider on behalf of a specific service enabling communication at a distance.
- The Seller warrants to the Buyer benefiting from the proper operation of the system store the following browsers: IE version 7 or later, Firefox version 3 or later, Opera version 9 or later, the Chrome version 10 or later, Safari with the latest versions of Java and Flash, screens horizontal resolution of over 1024 pixels. Using third-party software affecting the operation and functionality browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the store myhummy.com, they should all turn off.
- The Buyer has the option of storing their data through the shop in order to facilitate the process of placing your next order. For this purpose, the Buyer shall provide the login and password needed to access your account. The login and password are the string set by the Buyer, who must keep their secret and protect against unauthorized access by third parties. The buyer has at any moment, to access, modify, updating and deleting the account at the store.
- The Seller shall apply to the code of good practice..
§3 Acceptance of the contract and realization
- Orders can be placed 24 hours a day.
- In order to make order Buyer should do at least the following steps, some of which may be reiterated:
- add the product to a cart;
- the choice of the type of delivery;
- the choice of payment;
- the choice of the delivery place of goods;
- the filing in the shop orders by using the „order and pay.”
- Enclosure of an agreement with a consumer happens when you place the order.
- Implementation of a contract Consumers paid cash on delivery shall take place immediately, and orders paid by bank transfer or via electronic payment after the payment Consumers account Seller, which should take place within 30 days of the order, unless the consumer has not been able to meet the provision which was not of their fault and informed the Seller.
- Conclusion of an agreement with the customer takes place upon acceptance of the order by the Seller, which shall notify the Customer within 48 hours of ordering.
- Implementation of a contract the customer paid for downloading immediately after the conclusion of the contract, and orders paid by bank transfer or via electronic payment systems after the conclusion of the contract and the Customer’s payment on Seller’s bank account.
- Implementation of Customer orders may depend on the payment of all or part of the value of the contract or obtain trade credit limit of at least the value of the contract or consent of the Seller to send orders COD (paid on receipt).
- Sending of the agreement within the deadline specified on the product, and for orders of multiple products in the longest maturity of certainproducts on the cards. The period begins as soon as the contract.
- The subject of the contract is purchased along with the selected by the Buyer sales document sent by the Buyer to the type of delivery specified by the Buyer in the order place of issue of things, accompanied by annexes, referred to in § 2 paragraph 6b.
§4 Right of withdrawal
- The consumer shall be entitled pursuant to Art. 27 Right of the Consumer to withdraw from a distance purchase contract, without giving any reason and at no cost, with the exception of those referred to in Article. 33, Art. 34 Rights of the Consumer.
- The date of withdrawal from a distance contract is 14 days after delivery of goods and to meet the deadline is enough to send a statement before its expiry.
- The statement of withdrawal Consumers may file a form, a model of which is attached as Annex 2 to the Law of the consumer, on a form available at myhummy.com/page/returns or any other form consistent with consumer law.
- Seller shall promptly confirm the Consumer e-mail address (given at the conclusion of the contract and another if it was given in her declaration) receipt of the declaration of withdrawal.
- In case of withdrawal, the contract shall be considered null and void.
- The Consumer is required to pay for the Seller immediately, but not later than 14 days from the date on which withdrew from the agreement. To meet the deadline just return things before its expiry.
- The Consumer sends things which are the subject of the contract, from which departed at his own expense and risk.
- The Consumer does not bear the costs of providing digital content are not stored on a tangible medium if it does not consent to such an obligation before the deadline to withdraw from the contract or was not informed about the loss of his right of withdrawal when giving such consent or trader has failed to provide confirmation in accordance with Art. 15 paragraph 1 and Art. 21 paragraph 1. The rights of the consumer.
- The Consumer is responsible for the decrease in value of the asset which is the subject of the agreement and as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
- The Seller shall immediately, not later than within 14 days of receipt of the declaration of withdrawal filed by the Consumer return all payments tothe Consumer made by him, including the costs of delivery of goods, and if the Consumer has chosen method of delivery other than the least expensive delivery offered the usual way by the Seller, the Seller does not reimburse the Consumer the additional costs in accordance with Article 33 rights of the Consumer..
- The Seller shall refund using the same payment method, which used the Consumer, unless the Consumer has expressly agreed to anotherpayment method that does not involve for him any costs.
- The Seller may withhold the reimbursement payment received from the Consumer to the receipt of things back, or if the consumer has supplied evidence of its return, depending on which event occurs first.
- The Consumer in accordance with Article 38 rights of the Consumer is not entitled to withdraw from the contract:
- 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 for withdrawal;
- the subject of which is the provision for non-prefabricated, manufactured according to the specifications of the consumer or the maid meet its individual needs;
- whose object is to provide for dispersible rapid decay or having a short shelf life;
- where the subject of the provision is the thing delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if it were unsealed after delivery;
- the subject of which benefits are things that after delivery, due to their nature, are inextricably linked to other things;
- where benefits are the subject of sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
- for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed him by a trader of the loss of the right of withdrawal;
- about the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
- Seller pursuant to art. 558 §1 of the Civil Code completely excludes liability to Clients arising from physical and legal defects (warranty).
- Seller shall be liable to the Consumer under the terms of Art. 556 of the Civil Code and another for defects (warranty).
- In the case of a contract with a Consumer if a physical defect has been detected within a year since the release of things, it is assumed that it existed at the time of transition danger to the Consumer.
- The Consumer if the item sold has a flaw, may:
- make a statement about the demand to reduce prices;
- file a statement of withdrawal from the contract;
unless Seller shall promptly and without undue inconvenience to the Consumer replace the defective thing as free from defects or defect remove. However, if the thing was already replaced or repaired by Seller or Seller did not satisfy the obligation to exchange things free from defects or to remedy a defect shall not be entitled to replace the goods or remedy the defect.
- The Consumer may instead of proposed by the Seller way to remedy a defect require the exchange of things free from defects or exchanging things, request the removal of defects, unless they bring things into compliance with the agreement a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby the assessment of these costs take into account the value of the goods free of defects, the nature and the importance of the defect, and also takes into account the inconvenience to which subject the Consumer otherwise meet.
- Consumer may withdraw from the contract if the defect is irrelevant.
- The Consumer if the item sold has a flaw, can also:
- require the exchange of things free from defects;
- demand the removal of the defect.
- The Seller is obliged to replace the faulty thing to defect-free or rectify the defect within a reasonable time and without undue inconvenience tothe consumer.
- The Seller can refuse the request Consumer redress, if brought into conformity with the contract of things flawed in a manner chosen by the Buyer it is impossible or compared to the second possible way to enforce compliance with the agreement would require excessive costs.
- In the case, if the item is defective fitted, the Consumer may require the Seller disassembly and reassembly after the exchange free from defects or removal of defects, but is obliged to bear part of the costs involved, exceeding the price of the goods sold or may require the seller to pay part of the costs of dismantling and reassembly, to the price of goods sold. In the event of non-performance of duty by the Seller, the Consumer is authorized to make these activities at the expense and risk of the Seller.
- A Consumer who exercises the powers under warranty, is obliged to provide the Seller’s expense for the defective address a complaint, and if because of the nature of things or the way of installing the supply of the Consumer would be extremely difficult. The Consumer is obliged to make available for the Seller in place in which the item is located. In the event of non-performance of duty by the Seller, Consumer is entitled to return the items at the expense and risk of the Seller.
- The cost of replacement or repair shall be borne by the Seller, except as described in § 5 paragraph 10.
- The Seller is obliged to accept from the consumer for defective when replacing things free from defects or withdrawal.
- Seller within fourteen days will address:
- the statement of demand reduction in the price;
- the declaration of withdrawal from the contract;
- request to replace things free from defects;
- request to remove defects.
Otherwise it is believed that the Seller considered reasonable statement or Consumer demand.
- The seller is responsible under the warranty if a physical defect is found before the expiry of two years from the delivery of goods consumer, and if it is sold for use within a year since the release of Consumer items.
- Consumer claim, to remove the defect or replacement of the goods sold to free from defects, expires after one year from the date of noticing the defect, but no earlier than two years after delivery of goods to the Consumer, and if it is sold for use before the end of the year since the release of Consumer items.
- In the event that specified by the Seller or the manufacturer shelf stuff to use ends after the expiration of two years from the delivery of goods tothe Consumer, the Seller is responsible under warranty for physical defects that were found before that date.
- The time limits specified in § 5 points 15-17 Consumers may submit a statement of withdrawal or reduction of prices due to physical defects in the goods sold, and if the Consumer demanded the exchange of things free from defects or remedy the defect, the deadline for filing a declaration of cancellation or reduction of the price begins as soon as ineffective expiry of the deadline for the exchange of goods or remedy the defect.
- In the event of an investigation before a court or arbitral tribunal of one of the powers of the warranty period for the implementation of other rights enjoyed by the consumer in respect thereof, shall be suspended until the final conclusion of the proceedings. Respectively shall also apply to the mediation procedure, the deadline for the implementation of other rights under the warranty, the consumer is entitled, it begins to run from the date of the refusal of the court approval of the settlement agreement before a mediator or termination of ineffective mediation.
- The exercise of powers under the warranty for legal defects of the thing sold is used §5 points 15-16, except that the period shall begin from the day on which the Consumer knew of the existence of defects, and if the Consumer knew of the existence of defects only as a result of the third party – the date on which the judgment given in a dispute with a third party becomes enforceable.
- If due to a defect things Consumer filed a statement of withdrawal or lowering prices, he may claim compensation for the injury suffered by being awarded the contract, not knowing about the existence of defects, even if the damage was a result of circumstances for which the Seller shall not be accountability, and in particular may request reimbursement contract, the cost of receiving, handling, storage and insurance of goods, reimbursement of expenses to the extent in which they did not address it to their advantage, and did not receive their refund by a third party and reimbursement process. Not prejudice the rules of the obligation to provide compensation on general principles.
- The passage of any time limit for noticing the defect does not exclude the exercise of the powers of Warranties, if the seller fraudulently concealed the defect.
- The Seller in so far as it is obliged to provide or financial benefit to the Consumer will do so without undue delay and no later than the deadline laid down in the law.
§6 Privacy and security of personal data
- Administrator of databases of personal data transmitted by shop’s Consumers is the Seller.
- Seller agrees to the protection of personal data in accordance with the Law on Personal Data Protection dated 29 August 1997 and the Act on electronic services of 18 July 2002. Buyer stating when ordering your personal details Seller agrees to their processing by the Seller in order to complete your order. The Buyer has at any moment, to access, modify, update, or delete their personal data.
§7 Final Provisions
- None of the provisions of these Terms and Conditions is not intended to affect the rights of the Buyer. There can also be interpreted in this way, as in the case of non-compliance with any part of the Rules applicable law vendor declares unconditional surrender to and application of this law in place of the challenged provision of the Rules.
- Changes to the terms and conditions and their range of registered Buyers will be notified by e-mail (the indicated when registering or ordering e-mail). Notification will be sent at least 30 days before the entry into force of new terms and conditions. Changes will be introduced in order to bring the Rules into the current legal status.
- The current version of the regulations is always available to the Buyer in the section Terms and Conditions (myhummy.com/page/terms-and-conditions). In the course of the contract and throughout the period of after-sales care Purchaser subject to the regulations approved by him when ordering. Except when the Consumer finds it less favorable than the current and inform the Seller about the selection of the current as applicable.
- In cases not covered by these rules, the relevant applicable legal provisions. Disputes, if the Consumer agrees, may be solved in the way of mediation proceedings before the Provincial Inspectorates of the Trade Inspection or process before an arbitration court at the Regional Inspectorate of Trade Inspection or by equivalent and lawful methods of pre or extra-judicial settlement of disputes indicated by the Consumer. As a last resort the matter resolved by the court jurisdiction over and to the point.