Terms and conditions

Terms and conditions of sale for distance contracts

https://hiley.eu/

I. GENERAL PROVISIONS

1. In the Regulations we use terms to which we have given a specific meaning. We specify them below.
   • hiley.eu, seller, we – TONAZ Sp. z o.o. Ul. Trzebnicka 9 50-245 Wroclaw, KRS:0000937411, NIP:9482630855, REGON:520632016.
   • Customer, Buyer, You – any natural person, legal entity or organizational unit without legal personality, who places an order in the online store hiley.eu. It can buy in the online store hiley.eu after registering with it or without registration.
2. In the terms and conditions we have set out the rules under which we conduct sales through the online store at hiley.eu.
3. The terms and conditions are an integral part of the sales contract for the products we offer.
4. We sell products from the online store hiley.eu online or over the phone.
5. To buy a product from the online store, you do not need to register with us.
6. Before you shop in our store, you are required to read the terms and conditions.

II. SUBJECT OF THE SALE

1. The object of sale are the products that we present on the website of the online store hiley.eu.
2. All products in the online store hiley.eu are brand new, free from physical and legal defects and legally placed on the European market. However, we may also offer used, display or rental products, which we mark and describe accordingly in the offer.
3. As a seller, we are obliged to provide items free from defects. [Legal basis: Articles 556 and 5561-5563 of the Polish Civil Code of April 23, 1964].
4. We constantly update the range of products we present on the web pages of our store.

III. PAYMENT METHODS

1. The prices of all products on the website of the online store hiley.eu are expressed in euros and include VAT. The gross price of the product does not include the cost of shipping.
2. You can pay for your order in several ways, depending on the delivery method you choose. If the order is delivered to you:
   • by carrier – you can pay:
     • by bank transfer (prepayment),
     • by card (prepayment).
3. We issue invoices electronically.
4. When we issue and send electronic invoices, we guarantee the authenticity of their origin and the integrity of their content.
5. We are not responsible for incorrect data that you indicate as data for a VAT invoice when registering or placing an order.
6. We will deliver each electronic invoice to the e-mail address you provide when registering or placing an order. You will notify us in writing if you change your e-mail address. If you change your e-mail address and do not notify us, we will send correspondence to your existing e-mail address. It will be treated as properly delivered.
7. Each time you place an order, you can decline an electronic invoice. If you do so, we will provide and send you a paper invoice.

IV. ORDER PROCESSING

1. You can place orders in our online store through the website https://hiley.eu/. You can do this in two ways:
   • through a user account – if you register an account on the website hiley.eu
   • without registering a user account – if you accept the terms and conditions.
2. As a customer of our online store you can:
   • shop there and take advantage of individual discounts,
   • participate in promotions and contests,
   • rate and review products,
3. As a registered user of the store you can:
   • track your activity in our system,
4. You will register when you fill in all the required fields of the registration form.
5. After registering, you will receive by e-mail a link to the website through which you will activate your account. Activation allows you to log in to the online store.
6. The processing of personal data is governed by the Privacy Policy, which you can find at: https://hiley.eu/privacy-policy. [Legal basis: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)].
7. The provision of personal data when registering or placing an order is voluntary, but necessary for the performance of the sales contract you conclude with us. You have the right to access and correct your data. You can change your data in the user panel. We will notify you of changes to the terms and conditions in a message we will forward to you by e-mail. We process orders previously placed under the terms of the regulations that were in effect when those orders were placed. The amendment of the regulations does not affect the acquired rights of those who use our online store.
8. Amendments to the regulations come into force at the earliest 7 days after we have made the amended regulations available on the website of our online store – with the proviso that transactions initiated before the entry into force of these amendments are carried out under the existing rules.
9. To shop in our online store:
   • you get familiar with the content of the offer of a given product,
   • you add the selected number of products to the cart – if available,
   • you choose the method of delivery or pickup of the product,
   • you choose the method of payment,
   • you provide the data for shipping the product,
   • you get familiar with the order summary,
   • you place the order using the “Buy and pay” button.
10. The validity period of the placed order is 5 days. If you do not pick up your order for more than 5 days, do not pay for it, or we cannot contact you to process the order – we will cancel the order.
11. We will send confirmation of the conclusion of the contract to the e-mail address you provide in the given order.
12. The website of our online store works properly if:
    • you use Chrome, Firefox, Microsoft Edge, Safari or Opera browser in the latest version,
    • you have Javascript enabled in your browser,
    • you have cookies and page data enabled in your browser.

These are the minimum recommended technical requirements necessary to work with an IT system.

1. When you use our online store, you may not provide unlawful content.
2. At any time and free of charge, you can delete your user account and terminate the contract for the provision of services related to the operation of our online store, which we concluded with you when you registered your user account.
3. Complaints about the services of our store related to the operation of your user account and the operation of the online store can be submitted to: info@hiley.eu.
4. We will consider the complaint within 14 days from the day we receive it.
5. When you use the opportunity to give feedback on products in the online store hiley.eu, you may not post content of an unlawful nature, in particular: use profanity, incite to violence or hatred, promote racism, insult someone’s dignity, preach views contrary to generally accepted social norms, provide information that bears the hallmarks of a crime, constitutes an act of unfair competition, infringes copyright or industrial rights, serves to promote products and services of entities competing with us or links to offers of products and services of such entities. If you do not comply with this rule, we may remove or modify an opinion that violates these rules to prevent other users from accessing it.

V. DELIVERY

1. We deliver products ordered on hiley.eu online store only within the European Union.
2. We only deliver purchased products by courier.
3. We process the sales contract from 1 to 10 working days. When we sell products as part of a pre-sale, the approximate lead time is specified in the offer of the product.
4. When we cannot fulfill your order due to even a temporary inability to fulfill the performance of the properties you ordered, we can discharge our obligation by providing a substitute performance, corresponding to the same quality and purpose of the product and for the same price or remuneration. At the same time, we will inform you in writing of your right not to accept this performance and withdraw from the contract, with return of the item at our expense. In this case, you may withdraw from the contract, and we will bear the cost of returning the item. [Legal basis: Article 27 of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827)].
5. When you pick up a shipment that was delivered by a carrier, you sign a receipt. Upon delivery of the product, ownership of the product, rights and all risks associated with its possession and use, primarily the risk of loss or damage, are transferred to you as a consumer customer.
6. If you find any damage to the product delivered to you by the carrier, which may be related to the carriage of the product – report it to the carrier. This will streamline the complaint procedure. You can report damage:
   • at the time of receipt – to the carrier
   • within 24 hours of receipt of the shipment – by e-mail to info@hiley.eu – and within 7 days directly to the carrier, with whom you write a report on the condition of the shipment.
7. If you find damage to the product, which may be related to carriage, even though the external packaging is not damaged (mechanical damage to the contents of the shipment, quantity shortages, incompleteness of the shipment, etc.), we recommend you:
   • write a protocol together with the carrier establishing the condition of the shipment, and
   • report the damage – within 24 hours of receiving the shipment – via e-mail info@hiley.eu.
8. If you pick up the shipment from the parcel machine, you confirm the receipt through the computer system of the parcel machine. At the moment of confirmation of receipt of the shipment, ownership of the product, rights and all risks associated with its possession and use, primarily the risk of loss or damage, are transferred to you as a consumer.
9. If you have any reservations about the condition of the outer packaging of the package delivered to the parcel machine, we recommend that you:
   • point out the damage under the parcel machine’s surveillance camera,
   • place the damaged, unopened parcel in the parcel box in which it was originally placed, and close the box – according to the messages on the parcel machine screen,
   • report it:
     • to the owner of the parcel box in question at the time of the pickup attempt as a complaint – according to the messages on the parcel box screen,
     • to us – within 24 hours after the attempt to receive the package – via e-mail info@hiley.eu.
10. If the product is damaged, even though the outer packaging is not damaged, and this may be related to the delivery, we recommend that you report it:
    • at the nearest branch or at the headquarters of the package owner – within 7 days from the day of receipt of the shipment – to make a report on the condition of the shipment, and
    • to us – within 24 hours of receiving the product – via e-mail info@hiley.eu.
11. We can split one order into smaller shipments – if it consists of many products that differ in the way they are packed due to large size or delivery time. In such a situation, the delivery cost we gave you in the order summary does not change. We distribute it to individual shipments. If a part of the order is canceled, regardless of the reasons, we correct and refund only those delivery costs that were assigned to the canceled part of the order.

VI. RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. As a customer who is a consumer, you can withdraw from a contract that has been made remotely. You have 14 days to do so from the date of delivery of the item. You do not have to give a reason. You can send your notification of withdrawal from the contract:
   • by e-mail to: info@hiley.eu
   • by mail to the address: HND Electric, Trzebnicka 9, 50-245 Wrocław
2. The 14-day period is counted from the date of delivery of the item, understood as taking the item into possesion by the consumer or a person indicated by the consumer, other than the carrier.
3. The right to withdraw from a contract entered into off-premises or at a distance does not apply to you as a consumer with respect to contracts:
   • for the providing of services, if we have performed the service in full with your express consent and informed you before the performance starts that after we have performed the service, you will lose the right to withdraw from the contract;
   • in which the subject of the provided service is a non-refabricated item, produced to your specifications or intended to meet your individual needs;
   • in which the subject of the provided service is sound or visual recordings or computer programs, delivered in sealed packaging, if the packaging has been opened after delivery;
   • concluded through a public auction;
   • for the supply of digital content that is not recorded on a tangible medium, if we have begun performance of the contract with your express consent before the expiration of the withdrawal period and after we have informed you that in this situation you lose the right to withdraw from the contract,
   • in which the subject of the provided service is an item that we deliver in a sealed package, which cannot be returned after opening the package for health or hygiene reasons – if the package has been opened after delivery.
4. You are responsible for the decrease in the value of the item, which is the result of using it in a manner beyond what is necessary to ascertain its nature, characteristics and functioning.
5. Most of the products available in our online store have protective films on the elements most susceptible to damage. We recommend that you do not remove the protective films from these items for 14 days after delivery of the product.
6. You send the product back immediately, up to 14 days after submitting your withdrawal statement.
7. When you buy a main product in a set with another product, you enter into a composite sales contract. We do not provide for its partial maintenance if you exercise your right of withdrawal as to part of this contract. You can only withdraw from the contract in its entirety. If you withdraw from the contract of sale of a product purchased in a set with another product, you return the entire set of products. When you withdraw from a sales contract, you also withdraw from contracts ancillary to the sales contract. This includes, for example, items attached to the main product for 1 penny.
8. If you withdraw from the contract without giving a reason within 14 days from the date of delivery of the item, you will bear the cost of directly returning (returning) the product to us.
9. If, when placing an order, you choose a method of delivery of the products other than the cheapest, ordinary one offered in our store – we will reimburse you only for this cheapest method of delivery.
10. The rights and obligations set forth in the section Right of withdrawal apply to you only if you have the status of a consumer – within the meaning of Article 2 (1) of the Act on Polish Consumer Rights – and you purchase products under a distance contract. [Legal basis: Article 2(1) of the Act of May 30, 2014 on Polish Consumer Rights (Journal of Laws 2014, item 827).

VII. COMPLAINTS

1. If you enter into a sales contract with us, you have the right to make a complaint.
2. We expect you to report technical defects of the product to us.
3. We recommend that you report a complaint about a product purchased from the online store by e-mailing info@hiley.eu.
4. When we accept the claim, we’ll send you an e-mail confirming the acceptance of the claim.
5. You deliver the claimed product to our headquarters, which is the place of its purchase.
6. After the complaint is processed, you receive documentation with the result of the service expertise.
7. You can collect the claimed product only in the place and form in which it was delivered to us.
8. You have 30 days to pick up the advertised product after receiving notification from us that the service procedures have been completed. If you do not pick it up within this period, we will call you in writing to pick it up within 14 days from the date of delivery of the call. After the additional period has expired without success, we will be able to charge a fee for non-contractual storage of the equipment. It amounts to 5% of the current rate per square meter of storage space in Wroclaw. We will charge it for each month of storage.
9. Most of the products we offer come with a manufacturer’s, importer’s or our warranty. When the one who guarantees a product issues a warranty statement, the warranty terms are specified in the warranty card. This provision does not exclude, limit or suspend the consumer’s rights under the Act of May 30, 2014 on Consumer Rights. You have the right to use the product warranty, even if you do not receive a warranty card at the time of purchase.
10. In the case of sales of a product in business-to-business trade, the parties exclude the seller’s liability under the warranty for physical and legal defects of the item. First of all, they agree that he is also not liable for hidden defects of the object of sale. [Legal basis: Article 558 § 1 of the act of April 23, 1964 Polish Civil Code.]
11. You may use out-of-court means of handling complaints and claims. As a customer who is a consumer, you have the right to:

• • file your complaint through, among others, the EU ODR online platform available at https://ec.europa.eu/consumers/odr/.
  • file a request for out-of-court resolution of consumer disputes through the Trade Inspection (www.uokik.gov.pl/wazne_adresy.php#faq595).

[Legal basis: act of September 23, 2016 on out-of-court solving of consumer disputes in Poland.]