Shop Regulations
The following Regulations define the general conditions of sales applicable in our online shop available at https://hobby-store.pl, run by ShapeX Poland Sp. z o.o., ul. Klonowa 23, 83-031 Różyny, NIP 6040253621, REGON 529831409
1. Scope of application of the Rules of Procedure
The Terms and Conditions apply to all orders placed by Consumers and Entrepreneurs via our online shop. A consumer is, in accordance with Article 22 of the Civil Code, a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity. An entrepreneur is, in accordance with Article 43 of the Civil Code, a natural person, a legal person and an organisational unit which is not a legal person and to which the Act grants legal capacity, conducting in its own name economic or professional activity. Other or supplementary Terms and Conditions of Business and General Terms and Conditions of Business shall not apply - they shall only become part of the contract if we have given our express written consent.
2. Contract conclusion
The sales contract shall be concluded with ShapeX Poland Sp. z o.o.
The presentation of products in our online shop shall constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. In order to make an offer to purchase products, an order must be placed. Using the mechanisms available in our shop, you can add the products of your choice to the shopping basket and make an offer to purchase. You can modify the shopping basket and the data you enter in the forms before placing your order, using the available functionalities and messages displayed during the ordering process. By clicking on the confirm and finalise button on the order summary page, you place an order for the products in your shopping basket. After placing your order, you will receive an e-mail from us confirming that we have received your order and that it has been accepted for processing. With the receipt of this email, the sales contract is concluded.
3. Language and contract formation rules
The sales contract may be concluded in the Polish language.
We record the content of the contract and send you the order details and our Terms and Conditions by e-mail. In addition, the Terms and Conditions are made available on the website of our online shop in such a way that they can be accessed, reproduced and stored.
4. Delivery of products
In some cases shipping costs must still be added to the quoted product prices. The ordered products are delivered via courier companies cooperating with us. Detailed information on possible delivery methods and times as well as shipping costs is presented during the ordering process and in a special information section on our shop website.
It is generally possible to collect products in person at the address: HOBBY STORE, ZWYCIĘSTWA 96/98, 81-451 GDYNIA, between the hours of 08:00 and 16:00.
5. Payments
The following forms of payment are available to you in our online shop:
5.a. Cash-on-delivery payment on delivery.
5.b. Payment by standard transfer to our company account,
5.c. Electronic payment via BLIK (only valid for orders placed in Polish zloty.
5.d. Payment by quick transfer from the customer's bank account to the payment gateway sub-account.
5.e. Payment by payment card including:
- VISA payment cards
- VISA ELectron payment cards
- Mastercard payment cards
- Mastercard Electronic payment cards
- Maestro payment cards
5.f. Payment wallet payments:
- GooglePay
-ApplePay
Payment by traditional bank transfer to our shop's bank account. If you choose this method of payment - we will send you, via e-mail, the details for the transfer after your order has been placed. The realisation of the order will be initiated after the full amount of the required payment for the placed order is credited to our account.
Detailed information on the possible methods of payment, including the online payment services integrated into our shop and the types of e-payments available, as well as possible additional costs, is presented during the order placement process and on our shop's website in a special information tab on payment methods.
The payment service provider is Blue Media S.A. registered in Poland.
6. Full or partial refund of payment
In the event that a refund is required for a transaction made by the customer with a payment card, the seller shall refund the funds to the bank account assigned to the payment card or to another account indicated by the customer.
7. Right of withdrawal
Consumers have a statutory right of withdrawal as set out in the instructions on the right of withdrawal. Natural persons concluding a contract directly related to their business activity shall also have the right to withdraw from the contract, if it follows from the content of the contract that it is not of a professional nature for these persons resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Other entrepreneurs are not entitled to the right of withdrawal, such as:
- commercial law companies
- sole traders purchasing products for business-related purposes
- partnerships purchasing products for business-related purposes
8. Exclusion of the right of withdrawal for non-prefabricated products*.
The exclusion of the right of withdrawal applies to non-prefabricated products including but not limited to:
- aluminium profiles cut to size, drilled or threaded to customer's preference
- cut-to-size electrical cables
- toothed belts cut to length
- Teflon tubes cut to length
- linear guides
- linear shafts
- others not listed to meet individual customer's requirements or with a large number of variants
* Provision of Article 38 Paragraph 3 Consumer Rights.
9. Reservation of title
The products ordered in the shop remain our property until the sales price has been paid in full.
10. Damage during transport
Applies to Consumers: in the case of a consumer distance purchase, our shop always bears the risk of accidental damage or loss of the item in transit. If the ordered products are delivered with obvious damage incurred during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and to contact us. A delay in reporting such a complaint or making contact does not have any consequences for your legal rights (described below under complaints) and their satisfaction. Faster notification does, however, assist us in asserting our claims against the carrier or transport insurer.
Applies to Entrepreneurs (with the exception of natural persons entering into a contract directly related to their business activities, where it is apparent from the content of this contract that it is not of a professional nature for them - so-called "quasi-consumers", i.e. sole traders exercising certain consumer rights): the risk of accidental loss or accidental deterioration of the product shall pass to you at the time of its delivery by us to the forwarding agent, carrier or other person or institution engaged in the shipment. We are not liable for loss, deterioration or damage to the product occurring from the time it is accepted for transport until it is handed over to you, or for any delay in delivery caused by the carrier.
11. Complaints: conformity of goods with the contract / defects
Applies to Consumers: we are obliged to deliver goods without defects. If the goods are not in conformity with the contract, the Consumer shall have the rights set out in Chapter 5a of the Consumer Rights Act. Under the terms set out therein, the Consumer may demand repair or replacement of the non-conforming goods, or make a declaration to reduce the price of the goods or withdraw from the contract. We shall be liable for any lack of conformity of the goods with the contract revealed within 2 years of their delivery, unless we have specified a longer period for the goods, in which case this longer period shall apply. In the case of non-conformity of the goods with the contract, the above provisions concerning the Consumer shall also apply to a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Complaints can be submitted: by e-mail to: sklep@hobby-store.pl in writing to the address: ShapeX Poland Sp. z o.o., ul. Klonowa 23, 83-031 Różyny telephone contact is possible at: 0048519301288 Information concerning a possible additional warranty and its detailed conditions are always attached to the product and available on the information pages of the online shop.
Applies to Entrepreneurs: (with the exception of natural persons entering into a contract directly related to their business activity, when it is apparent from the content of the contract that it is not of a professional nature for them - so-called "quasi-consumers", i.e. sole traders exercising certain consumer rights): in the case of a sales contract entered into with an Entrepreneur, pursuant to Article 558 § 1 of the Civil Code, the liability of our online shop under warranty for defects is excluded.
Our customer service is at your disposal: MON-FRI 08:00-16:00.
12. notification of shortages in the consignment or non-conformity of the goods with the description or specifications:
The customer has the right to report quantitative and qualitative shortcomings in the consignment received within 48hrs of receipt of the consignment. After this deadline, the parcel received by the customer is assumed to be complete and has been accepted without reservation.
In the event of damage to the parcel in transit, the individual customer (consumer as defined by law) is obliged to draw up a damage protocol on the day of receipt of the parcel and document the damage with the relevant photo and video documentation. In the event that the damage report is drawn up at a later date than that previously stated, the customer will have to claim compensation from the carrier himself.
13. Electronic services
In order to use our online shop, including browsing our product range and placing orders, it is necessary to have a multimedia device with a web browser installed and access to the Internet and email. It is recommended to enable JavaScript and the storage of cookies in your browser settings. Users are obliged to use the web shop in a manner that is in accordance with the law and good morals, and the provision of unlawful content is prohibited. We take all necessary steps to ensure that the website and the interface of our online shop are fully functional to the extent of our current technical knowledge, and we undertake to remove any irregularities and technical problems reported by users within a reasonable period of time. The above also applies to the possibility of subscribing to a newsletter or the optional possibility of creating a customer account - if these services are provided as part of our shop. You can notify us of any detected irregularities or interruptions in the functioning of the website and services of our online shop via the contact details indicated in the section above. In a complaint concerning irregularities related to the technical functioning of the web shop service, please indicate the type and date of the irregularity.
14. Order cancellation by the Seller
We reserve the right to cancel an order if:
- if the personal data provided in the order is missing or if the personal data provided is incorrect, or if the tax identification number is inconsistent with the public register of entities and persons conducting business activity (KRS and CEiDG).
- in the event that the goods are out of stock or damaged before dispatch
- in the event of the risk of non-collection of the parcel by the customer.
15. Cancellation of an order by the customer
Cancellation of an order by the customer is only possible in the case of a COMPLETED order status.
The customer can cancel the order free of charge in the absence of a pre-approved delay through the fault of the shop (does not apply to a delay in fulfilment through the fault of the client or a postponement of dispatch at the client's request).
16. Out-of-court dispute resolution
We would like to inform you that consumers have the possibility to use the out-of-court complaint and redress procedure. Information on how to access the aforementioned dispute resolution mode and procedures can be found at the following address: www.uokik.gov.pl under "Amicable resolution of consumer disputes". In addition, at: http://ec.europa.eu/consumers/odr Consumers have access to the online consumer dispute resolution platform (so-called ODR platform). The ODR platform is a multilingual, interactive website for serving Consumers and traders seeking out-of-court settlement of disputes arising from the conclusion of a distance sales or service contract. The use of the aforementioned out-of-court means of claim and dispute resolution is voluntary and can only take place if both parties to the dispute (the Consumer and the seller) agree to it.
17. Final provisions
Nothing in these Terms and Conditions is intended to infringe the statutory rights of the Consumer. In the event of any contradiction between the provisions of these Terms and Conditions and the Consumer's rights under generally applicable laws - the statutory regulations will always apply in place of the contested provisions of the Terms and Conditions.
In the case of Entrepreneurs, all contracts concluded with us shall be governed by Polish law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods.
In the case of Entrepreneurs, legal persons under public law or separate legal entities under public law, the exclusive venue for all disputes arising from the contractual relationship between us and you shall be the court having jurisdiction over our registered office. The preceding sentence shall not apply to natural persons entering into a contract directly related to their business activity, where it is apparent from the content of such contract that it is not of a professional nature for such persons, arising in particular from the subject matter of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.