TERMS AND CONDITIONS

ONLINE SHOP REGULATIONS HOTCHILISEX

GENERAL RULES

Online Shop available at the Internet address www.hotchilisex.com is operated by Hotchilisex Sp. z o. o. located in Gdańsk, Al. Grunwaldzka No. 56, office 113, 80-241 Gdańsk, entered into the Register of Entrepreneurs kept by the District Court in Gdańsk, 7th Commercial Division of the National Court Register, under the number KRS 0000914476, NIP 9571135620, REGON 389598852, share capital PLN 5,000.00, paid in full.
Using the Online Store requires that the end device and the IT system used by the customer meet the Technical Requirements.
The Regulations are addressed to both Customers who are Consumers and non-consumers, using the Online Store, Electronic Services or concluding Sales Agreements.
Acceptance of the Regulations is voluntary, but necessary to create an Account and / or for the Customer to place an Order.
The information presented in the Online shop or, in the case of placing Orders using other means of distance communication, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, addressed by the Seller to the Customers, and not an offer within the meaning of the Civil Code.

DEFINITIONS

BOK - the Customer Service Office, which provides Customers with information on the activities conducted by the Online Store, including on the Products, the Online Store, the Regulations and current Promotions, on Business Days, at the hours indicated in the Online Store in the "Contact" tab, at the telephone numbers and e-mail address indicated therein, via the chat in the Online Store and the contact form in the Online Store in the "Contact" tab. The cost of connection with the Customer Service Office - fee as for a standard connection - according to the price list of the relevant operator.
Price - the amount of gross remuneration (including tax) specified in Polish zlotys or in another currency due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion applied by the Online Store state otherwise.
Business Day - one day from Monday to Friday, excluding public holidays.
Password - a string of alphanumeric characters, necessary for authorization when accessing the Account, specified by the Customer when creating the Account. Account registration requires the password to be repeated twice in order to detect and correct any errors. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with multiple options to change the Password.
Client - a natural person; or a legal person acting through an authorised person; or an organisational unit without legal personality which the law recognizes as having legal capacity; with full legal capacity. If the Customer is a natural person with limited legal capacity, he undertakes to obtain legally effective consent of his statutory representative to conclude the Service Provision Agreement / Sales Agreement and to present such consent at each request of the Seller, and in principle the Sales Agreements concluded as part of the Online Store are contracts commonly concluded in minor everyday matters.
Civil Code - the Civil Code Act of April 23, 1964 (Journal of Laws of 2014, item 121, as amended).
Consumer - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
Account - Electronic Service, marked with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller's ICT system, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the Login and Password. The customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for shipping Products, track the status of the Order, access the history of Orders and other services provided by the Seller.
Cart - a service made available to every Customer who uses the Online Store, consisting in enabling him to place an Order for one or more Products, entering discount codes enabling a Price reduction on the terms set out in separate agreements / regulations, displaying a summary of the Prices of individual Products and all Products in total (including possible shipping costs), displaying the expected date of delivery of the Products. The basket collects the offers submitted by the Customer to conclude a Sales Agreement, i.e. within one Order, you can submit more than one offer to conclude a Sales Agreement. In order to maintain the highest possible quality of services provided through the Online Store, the Seller may introduce a maximum limit of Products or a limit of the total Price of Products that can be added to the Cart within one Order. If this limit is exceeded, the Customer will be displayed a message asking to contact the Seller if he wants to conclude Sales Agreements for a larger number of Products.
Login - the Customer's email address provided as part of the Online Store when creating the Account.
Newsletter - an Electronic Service that allows all customers using it to receive cyclical information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the express consent of the Customer. The rules for the Seller's provision of the Newsletter services are set out in separate regulations made available as part of the Online Store.
Product - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller, for the payment of the Price. All Products presented in the Online Store are brand new.
Promotions - special conditions of sale or provision of services, regulated on the terms expressed in the Online Store, proposed by the Seller at a specific time, which the Customer may use on the terms specified therein, such as, for example, reduction of the Price or shipping costs.
Regulations - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services provided by the Seller via the Online Store for customers. The Regulations define the rights and obligations of the Customer and the Seller. In terms of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
Online Store - a platform enabling the submission of Orders by the Customer and the provision of services provided by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: www.hotchilisex.com.
Seller - Hotchilisex Sp. z o. o. located in Gdańsk, Al. Grunwaldzka No. 56, apartment 113, 80-241 Gdańsk, entered into the Register of Entrepreneurs kept by the District Court in Gdańsk, 7th Commercial Division of the National Court Register, under the number KRS 0000914476, NIP 9571135620, REGON 389598852, share capital PLN 5,000.00, fully paid up; e-mail address: info@hotchilisex.com, contact telephone number: (+48) 665 88 92 88 (fee as for a standard connection - according to the price list of the relevant operator).
Content - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional films, descriptions, comments), including works within the meaning of the Act on copyright and related rights and images of natural persons that are and disseminated as part of the Online Store by the Seller, contractors of the Seller, the Customer or another person using the Online Store, respectively.
Sales contract - a sales contract within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of the Product for the payment of the Price increased by any additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement. This also applies when the Seller, as part of the functionality of the Online Store, makes the conclusion or content of the Sales Agreement of a given Product conditional on the conclusion of another Sales Agreement due to the direct relationship between the Products for objective (substantively justified) reasons. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement, bypassing the procedure set out in these Regulations, which at the request of either party to the Sales Agreement will be confirmed in the form of an email. It does not constitute the conclusion of a Sales Agreement or an obligation to conclude it.
Electronic service - the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer via the Online Store, in accordance with the Agreement for the Provision of Services. To the extent that services are provided by entities cooperating with the Seller, relevant provisions regarding the rules for using these services can be found in the regulations governing the provision of services by these entities.
Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
Technical requirements - minimum technical requirements, the fulfilment of which is necessary for cooperation with the ICT system used by the Seller, including the conclusion of the Service Provision Agreement or the conclusion of the Sales Agreement, i.e .: computer, laptop or other multimedia device with Internet access; access to electronic mail; Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; recommended minimum screen resolution: 1024x768; enabling cookies and Javascript support in the web browser; in the case of concluding a Sales Agreement by phone: using the telephone. In order to conclude a Sales Agreement, the Customer must have an active email address, and in certain cases a keyboard or other device enabling the correct completion of electronic forms.
Order - Customer's declaration of will expressing the direct will to conclude a Distance Sale Agreement, submitted using means of distance communication, specifying the Products for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). This also applies when the Seller, as part of the functionality of the Online Store, makes the conclusion or content of the Sales Agreement of a given Product conditional on the conclusion of another Sales Agreement due to the direct relationship between the Products for objective (substantively justified) reasons. An order may be assigned one number, and all offers will be processed simultaneously. The acceptance of the Order means the conclusion of the Sales Agreement (see above).

III

ELECTRONIC SERVICES

The Seller provides the following Electronic Services free of charge to the Customers via the Online Store:

Account,
enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in these Regulations;
presenting customers with advertising content tailored to their interests;
enabling customers to use the Cart's services;
enabling viewing of the Content placed on the Online Store;
Newsletter.
presentation of Products in the Online Store on the basis of photos of selected products uploaded by the Customer;
searching for a specific collection point for the parcel;
creating lists of favourite Products;

The Seller additionally, for the benefit of the Customers who created the Account, provides the following services free of charge via the Online Store:

maintaining the Customer's session after logging in to the Account (using a browser);
store and share the customer through the account history of Procurement

Using Account is possible after the total of the next steps for the Customer:

completing the registration form and accepting the provisions of these Regulations,
click the "Sign"

Agreement on the Provision of Services is concluded upon receipt of the confirmation of the conclusion of Provision of Services sent by the Seller to the email address provided by the Customer during registration. The account is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, delete the Account by sending a request to the Seller, in particular via e-mail to the following address: info@hotchilisex.com or in writing to the following address: Hotchilisex Sp. z o. o., ul. Al. Grunwaldzka No. 56, office 113, 80-241 Gdańsk. Creating an Account is not required to place an Order in the Online Store. The Seller may introduce such a limitation as part of the functionality of the Online Store, in particular due to the relationship of a given Product or type of Products with the services provided under the Account.
The use of the Cart begins when the Customer adds the first Product to the Cart.
The basket is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it, the Basket remembers information about the Products selected by the Customer also after the end of the browser session, including logging out, for a period not longer than 7 days, but does not ensure the availability of copies of the Products selected by the Customer in order to enable the Order to be placed at a later date. The Seller has the option of introducing a Product limit or a limit of the total Price of Products that can be added to the Cart within one Order. If the specified limit is exceeded, the Customer will be displayed a message asking to contact the Seller if he wants to conclude Sales Agreements for a larger number of Products.
The Customer is obliged in particular to:

provide only true, current and all necessary Customer data in the forms provided in the Online Store;
immediately update the data, including personal data, provided by the Seller's Customer in connection with the conclusion of the Agreement for the Provision of Services or the Sales Agreement, in particular to the extent that it is necessary for their proper performance; The Customer may change the data entered when creating the Account at any time using the options available under the Account;
using the services and functionalities provided by the Seller in a way that does not interfere with the functioning of the Seller, the Online Store (in particular, placing Orders may be considered as an activity disrupting the functioning of the Seller, from the services and functionalities provided by the Seller in a manner indicating the intention to violate the provisions of the Regulations or the law);
use the services and functionalities provided by the Seller in a manner consistent with the law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given scope;
use the services and functionalities provided by the Seller in a way that is not inconvenient for other Customers and for the Seller;
timely payment of the Price and other costs agreed by the Customer and the Seller in full;
timely receipt of Products ordered using the method of delivery and cash on delivery;
not to provide and not to provide within the Online Store, in particular Content that violates the proprietary copyrights of third parties or their personal
any content that violates the lawrights; ); undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interference in the principles or technical aspects of the functioning of the Online Store and payment processing; unauthorised modification of the Content provided by the Seller, in particular the prices or descriptions of Products provided in the Online Store;

Complaints related to the provision of Electronic Services may be submitted, for example, in

writing to the following address: Hotchilisex Sp. z o.o. Al. Grunwaldzka No. 56, office 113, 80-241 Gdańsk;
in electronic form via email to the following address: info@hotchilisex.com;

It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; Customer requests and contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence take the form of recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The response to the complaint by the Seller takes place immediately, no later than within 30 days from the date of its submission, in accordance with art. 7a paragraph. 1 of the Act, unless a different date arises from the provisions of law or separate regulations.

COMPLETION OF ORDERS

The main features of the service, taking into account the subject of the service and the method of communication with the Customer, are specified on the website of each Product or otherwise appropriate for a given Product, as part of the Online Store.
The Seller allows placing Orders for Products in the following way:

in the Online Store;
by contacting BOK - by phone; email; using chat software on the Online Store website.

As part of the development of the Products or services available in the Online Store and due to their specificity, the Seller may introduce restrictions on the methods of placing Orders for specific Products. In the case of placing several Orders at the same time, of which at least one of the above-mentioned restrictions applies, this may affect the availability of the methods of placing the Orders also for the remaining of them.
As part of the development of the services provided, the Seller may introduce further methods of placing Orders using means of distance communication, on the terms set out in these Regulations.
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.
The Seller allows the Customer to place an Order via the Online Store in the following way: The

Customer adds the selected Product / s to the Cart and then goes to the order form. The Seller may provide as part of the Online Store additional services for the Product added to the Cart, e.g. personalization, adding other related Products not available for independent sale in the Online Store;
The Customer who has an Account confirms in the order form that the data necessary to conclude and implement the Sales Agreement is up-to-date. A User who does not have an Account must fill in the order form on his own in terms of his data necessary for the conclusion and implementation of the Sales Agreement. In any case, providing outdated or untrue customer data may prevent the performance of the Agreement. In the order form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s , quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they have requested, as part of the VAT invoice form, also the tax identification number. As part of the development of the Products or services available in the Online Store, the Seller may introduce the obligation to provide in the content of the Order form or in another appropriate place, other information about the Product or the Customer, appropriate, and in the case of personal data also necessary, in particular due to the specificity of the Product or services, e.g. to personalise the Product;
The customer chooses one of the delivery methods provided by the Seller.
The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
The Customer sends the Seller an Order (submits an offer) using the functionality of the Online Store made available for this purpose (button: "Order and pay"). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the acceptance of the Regulations is required.
When placing the Order, until the button "Order and pay" is pressed, the Customer has the option of correcting the entered data on his own in the "Cart" panel by adding or removing a given item from the Cart. Removal of a given item may automatically remove another item from the Cart due to a direct relationship between the Products;
depending on the selected method of payment, the Customer may be redirected to the websites of an external payment service provider in order to make the payment;

If the Seller, on his own initiative, proposes to the Consumer to conclude a Sales Agreement using other means of distance communication, including by phone: The

Seller sends an electronic message to the Consumer confirming the content of the proposed Sales Agreement, the
Consumer sends the Seller the Order by means of a message to the e-mail address, from which he received the confirmation referred to in paragraph 6 lit. and above,
in the case of a Consumer who does not have an Account and has not previously accepted the Regulations, the Consumer's acceptance of the Regulations is required.

In other than those referred to in paragraph 6 above, in the cases of concluding the Sales Agreement using other means of distance communication, including by phone, at the initiative of the Consumer, the paragraphs below shall apply accordingly, taking into account the circumstances and the means of communication used.
In response to the Order, the Seller immediately sends the Customer an automatic message to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and commencement of its verification.
After verifying the Order, without undue delay, the Seller sends the Customer to the e-mail address provided with:

confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
information not accepting all offers for Products submitted as part of the Order, in particular for the reasons indicated in point XI paragraph 5 below (failure to collect the parcel).

The Sales Agreement is concluded upon confirmation of the offer (s), i.e. receipt by the Customer of the message referred to in paragraph 9 lit. and above in the scope of the Products indicated therein.
If it is not possible to accept all or some of the offers submitted as part of the Order, BOK will contact the Customer in order to:

inform the Customer about the inability to accept all offers submitted as part of the Order, conclusion of the Sales Agreement; or
confirmation by the Customer of the will to execute the Order in the part in which the Seller has agreed to accept offers to conclude a Sales Agreement. Then the Customer may cancel the entire Order (in the scope of all offers), which does not violate his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to perform it. In the event of cancellation of the Order, paragraph 2 shall apply accordingly. 12 below.

If it is not possible to accept the offers / s submitted as part of the Order, the Sales Agreement in the scope of the Products indicated by BOK is not concluded, and the Seller shall immediately, not later than within 14 days, return the payments made by the Customer, to the extent that the Sales Agreement does not has been concluded. The provisions of point IX para. 6 of the Regulations shall apply accordingly.
Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail or SMS address provided by the Customer or by contacting by phone.
The Seller strives to ensure the availability of Products and the implementation of the Sales Agreement. In the event of the inability to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.
The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may specify the minimum value of the Order for which the shipment of the Products is free of charge. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - the Customer is informed about the obligation to pay them. when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Promotions in force in the Online Store cannot be combined, unless the provisions of the Promotion expressly provide otherwise.

FORMERS OF PAYMENT

The Seller provides the Customer, subject to the provisions of point XII para. 5, various methods of payment under the Sales Agreement.
Possible current payment methods are specified in the Online Store in the "Payment methods" tab and each time the Customer expresses the will to be bound by the Sales Agreement. The available payment methods may depend on the method of delivery or the Product selected by the Customer. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
Settlements of transactions with electronic payments and payment cards are carried out according to the Customer's choice through authorised services.
If the Seller does not receive the payment of the Customer who has chosen payment in advance, i.e. payment by bank transfer, electronic payment or payment by payment card, BOK may contact the Customer to remind about the payment, including by sending an e-mail.
Failure to make a payment:

in the case of electronic payment or payment by credit card - within 24 hours of placing the Order;

in the case of payment by bank transfer - within 3 days of placing the Order, it will result in the lack of acceptance of the offer submitted by the Customer as part of the Order. The Customer may also, until receiving the message about sending the Order, cancel it without any consequences, by contacting the Seller via BOK, which does not violate his right to withdraw from the contract.
If the Customer selects the payment on delivery, the Customer is obliged to make the payment on delivery. The refusal to collect the Product, despite the appointment of an additional appropriate date, is a condition terminating the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not violate his right to withdraw from the contract.
In the event that the Customer chose payment in advance and made it, failure to collect the Product within the prescribed period is a condition terminating the Sales Agreement - in such a case, the Seller will refund the payment made to the Customer immediately after receiving the Product.
By carrying out the transfer

PRODUCT DELIVERY

Product delivery is available on the territory of the Republic of Poland and to selected countries indicated in the "Time and methods of delivery" tab in the Online Store.
The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The currently available methods and costs of delivery of the Product are indicated to the Customer in the "Time and methods of delivery" tab in the Online Store and each time the Customer expresses his will to be bound by the Sales Agreement.
Delivery of the Product outside the borders of the European Union Member States means the Customer's acceptance of the obligation to bear customs and tax duties appropriate for the selected country.
The available delivery methods may depend on the payment method or Product selected by the Customer.
The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
The total time of waiting for the Customer to receive the Product (delivery date) consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Product by the carrier.
The date of delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order.
The time of preparing the Order for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the date (beginning of the delivery period):

crediting the Seller's bank account or settlement account - if the Customer chooses the method of payment by bank transfer, electronic payment or payment card to
conclude the Agreement Sales - if the Customer chooses the method of payment on delivery.

The time of delivery of the Product by a given carrier should be added to the above time, which depends on the form of delivery chosen by the Customer and is each time presented on the subpage of a given Product and in the "Order fulfilment" tab in the Online Store.
The order is shipped within 24 hours or 48 hours during sales periods. The delivery dates appearing on the Site are estimates and are intended as a guide only and begin on the date of shipment. In the case of international shipments, the delivery time may be 30 days from the date of receipt of the order. Seller is not responsible for delays caused by customs clearance processes at destination.
In the event of a delayed delivery by any event for which the Seller is not responsible (armed conflicts, emergencies, emergencies, including epidemic), the Seller will contact the Customer and take steps to minimise the effects of the delay. Taking steps to minimise the delay releases the Seller from liability for delays caused by the event.
The seller is not responsible for the confiscation or taking over of the goods by the institutions of the destination country if the ordered goods are not admitted to trading in that country.

VII

COMPLAINT OF THE PRODUCT

The basis and scope of the Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in the provisions of the Civil Code, in particular in art. 556 and following of the Civil Code.
Products presented in the Online Store may be covered by the manufacturer's or distributor's warranty. The detailed conditions of the guarantee and its duration are then specified in the guarantee card issued by the guarantor and attached to the Product.
The Seller is obliged to provide the Customer with a Product without defects.
The complaint may be submitted by the Customer, for example in writing to the following address: Hotchilisex Sp. z o. o. Al. Grunwaldzka No. 56 lok. 113, 80-241 Gdańsk, or another address indicated in the Product information. If the complaint concerns the Product, it is usually advisable to deliver it to the Seller together with the complaint in order to enable the Seller to examine the Product. Details on the methods made available by the Seller for the free delivery of the Product by the Customer in connection with the complaint can be found in the Online Store in the "Complaints" tab.
If the sold Product has a defect, the Customer may:

submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. The reduced price should remain in proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is irrelevant;
demand the replacement of the Product with a Product free from defects or the removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer; with reservations and on the terms specified in the relevant provisions of the Civil Code.

The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a non-defective one or, instead of the replacement of the Product, request the removal of the defect, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; request a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Seller will respond to the Customer's complaint immediately, no later than within 30 days from the date of its receipt. If the Customer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 30 days of its receipt, it is considered that the request was considered as justified.
If the Seller responds to the Customer's complaint or to exercise the Customer's rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with art. 5612 in connection with a joke. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller's expense to the address of Hotchilisex Sp. z o. o. Ul. Sosnowa, 83-331 Przyjaźń or any other address indicated in the Product description. Details on the methods provided by the Seller for free delivery of the Product to the Seller by the Customer can be found in the Online Store in the "Warranty / Complaints'' tab. If, however, due to the type of defect, the type of the Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller, after prior appointment, in the place where the Product is located.
The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. The claim for the removal of the defect or replacement of the Product with a product free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer - the period of limitation may not end before the expiry of the period referred to in the first sentence.

VIII

EXTRAJUDICIAL MEANS OF INVESTIGATING CLAIMS

The use of extrajudicial methods of dealing with complaints and redress is voluntary. The following provisions are informative and do not constitute the Seller's obligation to use out-of-court dispute resolution. The Seller's declaration of consent or refusal to participate in the out-of-court resolution of consumer disputes is submitted by the Seller on paper or other durable medium if the dispute has not been resolved as a result of the complaint submitted by the Consumer.
Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsman, social organisations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection:

The Customer who is a Consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: The

customer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection, with a request to settle a dispute arising from the concluded Sales Agreement.
The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding out-of-court dispute resolution between the Customer and the Seller.
The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
The customer may submit a complaint via the ODR internet platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on the forms of out-of-court settlement of disputes that may arise between entrepreneurs and Consumers.

THE RIGHT TO WITHDRAW FROM THE CONTRACT

A consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring any costs other than those provided for by law, within:

14 days from the date referred to in the following paragraph. 3 (hereinafter also "Statutory right of withdrawal");
from the 15th to the 100th day from the date referred to in the following paragraph 3 (hereinafter also the "Extended right of withdrawal") - subject to the following paragraph 11.

The implementation of any of the above rights does not affect other contracts, in particular to the extent that:

they were concluded together with the contract covered by the declaration of withdrawal as a result of the submission of several Orders by the Customer simultaneously; or the
Seller made the conclusion or content of the contract covered by the declaration of withdrawal from the conclusion of another contract conditional due to the direct relationship between the Products.

To meet the deadline, it is enough for the Consumer to submit a statement to the Seller before its expiry. The consumer may submit any unequivocal statement in which he will inform about his withdrawal from the Sales Agreement. The declaration of withdrawal from the Sales Agreement may be submitted, for example, in

writing to the following address: Hotchilisex Sp. z o. o. Al. Grunwaldzka No. 56, office 113, 80-241 Gdańsk;
in electronic form via email to the following address: info@cosmeticswellness.com;
using the withdrawal form, which is attached as Annex 1 to these Regulations

The consumers may use the withdrawal form template, but it is not obligatory.
The period of withdrawal from the Sales Agreement begins from the date the Product is taken into the possession of the Consumer or a third party designated by him other than the carrier, and in the case of a Sales Agreement that:

includes many Products that are delivered separately, in batches or in parts - from taking up possession of the last Product, batch or part, or
consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;

In the event of withdrawal from a distance contract, the contract is considered void.
The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return the payments made by the Consumer, including the delivery costs of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store).
If the Consumer exercises the statutory right of withdrawal, the Seller shall refund the payments made by the Consumer using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. If the payment cannot be reimbursed using the same payment method as used by the Consumer, due to the fact that the Seller no longer supports a specific payment method, the Seller will refund using the payment method that will correspond to the properties as much as possible. the method of payment previously used by the Consumer. If the Consumer exercises the Extended Right of Withdrawal, the Seller may refund the payment using the payment method indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, whichever occurs first. If the payment is to be returned to the Consumer's bank account, the Seller will return the payment to the bank account indicated by the Consumer (e.g. in the withdrawal form), and if the Consumer does not indicate the bank account to which the payment is to be refunded, the Seller will return the payment to the bank account with the use of which the Consumer made the payment in connection with the Sales Agreement from which he withdraws.
The consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorised by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Hotchilisex Sp. z o. o. Al. Grunwaldzka No. 56, office 113, 80-241 Gdańsk. Please attach a proof of purchase of the Product or a printed electronic proof of purchase of the Product if possible.
In the event that the Consumer exercises the statutory right of withdrawal, the Consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Consumer's responsibility may include, in particular, the inability to sell the Product as a full-value Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state that allows it to be re-sold in the Online Store, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such an examination (to the extent to which these defects result from the consumer's use of the Product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
The extended right of withdrawal is granted to the Consumer only in relation to the Products that are complete, undamaged and unused, with all tags and security elements that were placed on the Product at the time of taking possession of it by the Consumer or a third party indicated by him. The consumer loses the Extended right of withdrawal if the Product is used in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
The consumer bears only the direct costs of returning the Product. The Seller may, as part of the promotional campaign, offer the Consumer the collection of the returned Products by the Seller from the Consumer.
Subject to the above paragraph. 9, the right to withdraw from a distance contract referred to in paragraph 1 lit. a or b above, the Consumer is not entitled to the Consumer in the cases specified in the provisions of the Civil Code, in particular in relation to contracts: for the provision of services, if the Seller has fully provided the service with the express consent of the consumer, who was informed before the service begins that after the provision of The Seller will lose the right to withdraw from the contract; in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things.
The Seller may, as part of a temporary promotional campaign, grant the Customer the right to withdraw from the contract within a specified period in the cases referred to in paragraph 1 sentence 1 lit. b or paragraph 11 above.

LICENCE

The exclusive rights to the Content provided / posted as part of the Online Store by the Seller or its contractors, in particular copyrights, the name of the Online Store (trademark), its graphic elements, software and database rights are protected by law and are vested in the Seller or entities with whom the Seller has concluded appropriate agreements. The customer is entitled to use the above-mentioned Content, free of charge, and to use the Content posted in accordance with the law and already disseminated by other customers as part of the Online Store, but only for personal use and only for the proper use of the Online Store, throughout the world. The use of the Content in a different scope is allowed only on the basis of an express, prior consent, given by an authorised entity, in writing, under pain of nullity.
The Customer, by placing any Content as part of the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere in the Online Store, hereby grants the Seller a non-exclusive, free licence to use, preserve, change, delete, supplement, public performance, public display , reproduction and dissemination (in particular on the Internet) of these Content throughout the world. This right includes the right to sub-license to the extent justified by the implementation of the Sales Agreement or the Agreement for the Provision of Services (including the functioning and development of the Online Store), as well as the authorization to exercise independently or through third parties subsidiary rights in the field of development, adaptation, modification and translation. a work within the meaning of the Act on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not entitled to grant the licences referred to in this paragraph 2, the Customer undertakes to obtain such appropriate licences for the Seller.

NEWSLETTER

The customer may consent to order the newsletter service (subscription). The service consists of periodic newsletter sending to your email newsletter and news vendors include css content marketing (business information) Vendor and its business partners (including the content related to Seller's products and its business partners and Promotion). The subscription to the newsletter is made by selecting the appropriate option in the registration form or at a later date in the "Your account" tab ("Newsletter" link).
Subscription to the newsletter is voluntary and free of charge. Newsletter service is provided by an indefinite period and customer Moz That the give it up intelli whitetime.
Ordering the newsletter service entitles the Customer to receive a 2% discount on selected products offered by the Seller. The discount is valid only during the period when the subscription to the newsletter is valid.
The customer may unsubscribe from the newsletter at any time by checking the appropriate box in the "Your account" tab ("Newsletter" link) or via the Customer Service Centre. Unsubscribing from the newsletter is associated with the loss of the 2% discount specified in paragraph 3.

XII

PERSONAL DATA PROTECTION

Customer's personal data are processed by the Seller as the personal data administrator.
Providing personal data by the Customer is voluntary, but necessary to create an Account, use certain Electronic Services, and conclude a Sales Agreement.
Detailed information on the protection of personal data is contained in the "Privacy Policy" tab available in the Online Store.

XIII

TERMINATION OF THE CONTRACT AND CHANGE OF THE REGULATIONS

The Seller may at any time terminate the Agreement for the Provision of Services or any licence agreement granted under point X with the Customer with one month's notice for important reasons, understood as (closed catalogue):

change in the law governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court judgments, decisions, recommendations or recommendations of authorities or bodies competent in a given field;
change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
a change in the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Seller the existing functionalities or services covered by the Regulations.

Regardless of the content of paragraph 1, bearing in mind the Seller's special care for the protection of the Customer's personal data and their processing for an appropriate time, the Seller may terminate the Service Provision Agreement with immediate effect in the event of the Customer's inactivity in the Online Store for an uninterrupted period of at least 3 years.
The Seller's declaration in the scope specified in sec. 1 and 2 above are sent to the email address provided by the Customer when creating an Account or placing an Order.
The Seller may terminate the Customer's Service Agreement or any licence agreement granted on the basis of point X of the Regulations with a seven-day notice period and / or deny him further right to use the Online Store and place Orders, and may limit his access to part or all of the Content, for important reasons, i.e. in the event of a gross breach by the Customer of these Regulations, i.e. in situations where the Customer (closed catalogue) violates the provisions of point III paragraph 7 a, c, d, e, h, i, j of the Regulations.
For important reasons, i.e. in the event of a gross breach by the Customer of these Regulations, in a situation where the Customer has violated the provisions of point III para. 7 c, f or g of the Regulations (closed catalogue), the Seller, in order to avoid further damage, may not accept the Customer's offer, including in the scope of specific forms of payment or delivery. This provision applies regardless of what data the Customer is identified with and what data he provides when placing the Order, and in particular when the Customer simultaneously violates the provisions of point III para. 7 a of the Regulations.
In the case of placing another Order by the Customer, to whom the provisions of paragraph 5 above, the Seller will contact the Customer by sending a message to the email address provided by the Customer in order to notify about a gross violation of the Regulations by the Customer and non-acceptance of the offer, while indicating alternative methods of concluding the Sales Agreement or methods of payment or delivery. The provisions of point V para. 5-7 of the Regulations shall apply accordingly.
The client to whom the provisions of paragraph 4 or 5 above may use the Online Store or use a specific method of payment or delivery after prior contact with the Seller (via BOK) and obtaining the Seller's consent to continue using the Online Store or use a specific method of payment or delivery.
The Regulations and attachments to the Regulations constitute a contractual model within the meaning of Art. 384 § 1 of the Civil Code.
The Seller may amend these Regulations (with the exception of point XIV of the Regulations, which applies to Customers who are not Consumers and may be changed at any time on the basis of generally applicable law) in the event of at least one of the following important reasons (closed catalogue):

change of law regulating the sale of Products or the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above legal provisions as a result of court judgments, decisions, recommendations or recommendations competent in a given field or authorities;
change in the method of providing services caused solely by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
a change in the scope or method of providing services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by the Seller the existing functionalities or services covered by the Regulations.

In the event of changes to the Regulations, the Seller will provide the consolidated text of the Regulations by publishing in the Online Store and by means of a message sent to the e-mail address provided by the Customer when concluding the Agreement for the Provision of Services, which the Parties recognize as introducing information about the change to the means of electronic communication in such a way that the customer can read its content.
The amendment to the Regulations comes into force after 14 days from the date of sending the information about the change. In the case of Customers who have concluded a Service Provision Agreement, i.e. who have an Account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notifying them of the amendment to the Regulations. Amendments to the Regulations, which have a positive effect on the situation of the Customer who is a Consumer, in particular, grant him additional rights, enter into force on the date indicated in the Regulations, and in the absence of such indication - on the day the Seller sends information about the amendment to the Regulations. The amendment to the Regulations does not affect the Sales Agreements concluded by the Customer and the Seller before the amendment to the Regulations.

XIV

CUSTOMERS WHO ARE NOT CONSUMERS

This point XIV of the Regulations applies only to Customers who are not Consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a Consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
In the case of Customers who are not Consumers, the Seller may terminate the Service Agreement or any licence agreement concluded on the basis of the Regulations with immediate effect and without giving reasons by sending the Customer an appropriate statement in any form.
Neither the Seller nor its employees, authorised representatives and proxies are liable to the Customer, its subcontractors, employees, authorised representatives and / or proxies for any damage, including loss of profits, unless the damage was caused intentionally by them.
In each case of determining the liability of the Seller, its employees, authorised representatives and / or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the Price paid and delivery costs under the last Sales Agreement, but not more than up to the amount of PLN 1,000.00.
Any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
With regard to Customers who are not Consumers, the Seller may amend the Regulations at any time on the basis of generally applicable law.
This XIV point of the Regulations, with the exception of point XIV.5, does not apply to Customers who are natural persons conducting business activities, who conclude a Sales Agreement with the Seller, a Service Provision Agreement or any licence agreement concluded on the basis of the Regulations directly related to their business activity, when the content of a specific contract shows that it does not have a professional nature for the client, resulting in particular from the subject of his business activity, determined on the basis of the provisions on the Central Register and Information on Economic Activity. These clients are also entitled to withdraw from the contract on the terms provided for in point IX of the Regulations.

FINAL PROVISIONS

The regulations are in force from 2021-11-08.
Agreements concluded by the Seller are concluded in Polish.
Consolidation, security and disclosure of the essential provisions of the Agreement for the Provision of Services by Electronic Means takes place by sending an email to the email address provided by the Customer.
Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Sales Agreement takes place by sending the Customer an email confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store. After concluding the Sales Agreement, the Seller provides the Customer with a proof of purchase in electronic form or together with the parcel containing the Product. The specification of the Order may also be attached to the shipment. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Customer before downloading a proof of purchase or a VAT invoice.
The Seller provides technical and organisational measures appropriate to the degree of threat to the security of the functionalities or services provided on the basis of the Service Provision Agreement. The use of Electronic Services is associated with typical threats related to the transmission of data via the Internet, such as their dissemination, loss or unauthorised access to them.
The content of the Regulations is available to customers free of charge at the following URL: https://Hotchilisex.com/regulamin-sklepu, from where customers can view and print it at any time.
The Seller informs that using the Online Store via a web browser, including placing an Order, as well as establishing a telephone connection with BOK, may be associated with the necessity to incur the costs of connecting to the Internet (data transmission fee) or the costs of a telephone connection, in accordance with the tariff package of the service provider used by the customer.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.
The choice of Polish law on the basis of these Regulations does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by way of an agreement between the Seller and the Consumer, under the law which, in accordance with the relevant regulations, would be appropriate in the absence of a choice.

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