Terms & Conditions

These Terms set out the general conditions, rules and methods of sales conducted by HK Distribution z o.o., based in Warsaw, through the online store at www.adorome.pl (the “Online Store”), and the conditions for the free electronic services provided by HK Distribution Sp. z o.o., based in Warsaw.

§ 1 Definitions

1. Working Days means Monday to Friday, excluding statutory public holidays.

2. Delivery means the delivery of the Goods specified in an order to the Customer by the Seller through a Delivery Provider.

3. Delivery Provider means an entity with which the Seller works to deliver Goods:

a) a courier company;

b) InPost Sp. z o.o., based in Kraków, which provides delivery and parcel-locker services;

c) Poczta Polska S.A., based in Warsaw.

4. Password means a sequence of letters, numbers or other characters chosen by the Customer when registering with the Online Store and used to protect access to their Customer Account.

5. Customer means an entity to which services may be supplied electronically under these Terms and applicable law, or with which a Sales Contract may be concluded.

6. Consumer means an individual entering into a legal transaction with a business where the transaction is not directly related to that individual’s business or professional activity.

7. Customer Account means the individual panel made available to a Customer by the Seller after Registration and conclusion of the contract for the Customer Account service.

8. Business Customer means an individual, legal person or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name and entering into a legal transaction directly related to that activity.

9. Business Customer with Consumer Rights means an individual entering into a Sales Contract directly related to their business activity, where the contract shows that it is not of a professional nature for that individual, as indicated in particular by the business activities disclosed under the provisions governing Poland’s Central Register and Information on Economic Activity.

10. Terms means these Terms and Conditions.

11. Registration means the process described in these Terms that is required for the Customer to use all the functions of the Online Store.

12. Seller means HK Distribution Sp. z o.o., with its registered office at ul. Pory 78, 02-757 Warsaw, Poland, NIP (tax identification number) 5214140681, REGON (business register number) 543227625, entered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0 0001204576, with share capital of PLN 5,000; email: info@adorome.pl, which is also the owner of the Online Store.

13. Store Website means the websites through which the Seller operates the Online Store, within the www.adorome.pl domain.

14. Goods means a product presented by the Seller through the Store Website that may be the subject of a Sales Contract.

15. Durability means the ability of Goods to maintain their functions and properties during normal use.

16. Durable Medium means a material or tool that enables the Customer or Seller to store information addressed personally to them, so that it remains accessible for a period appropriate to its purpose and can be reproduced unchanged.

17. Sales Contract means a distance sales contract concluded between the Customer and Seller under these Terms.

§ 2 General provisions and use of the Online Store

1. All rights to the Online Store, including economic copyrights, intellectual property rights in its name, domain and Store Website, and rights in templates, forms and logos displayed on the Store Website, belong to the Seller. This excludes logos and photographs displayed to present goods where the rights belong to third parties. These materials may be used only as permitted by these Terms and with the Seller’s written consent.

2. The Seller will endeavour to make the Online Store available to internet users using all popular browsers, operating systems, device types and internet connections. The minimum technical requirements are Microsoft Edge 109, Internet Explorer 11, Chrome 110, Firefox 109, Opera 95, Safari 11 or a later browser version, with JavaScript enabled and cookies accepted, and an internet connection of at least 256 kbit/s. The Store Website is optimised for a minimum screen resolution of 1024 × 768 pixels.

3. The Seller uses cookies, which its server stores on the Customer’s device when the Store Website is used. Cookies enable the Store Website to function correctly on Customers’ devices. They do not damage the device or change the configuration of the device or its installed software. Customers may disable cookies in their browser. The Seller notes that disabling cookies may make it difficult or impossible to use the Store Website.

4. Customers need an active email account to place orders through the Store Website or by email and to use the services available on the Store Website.

If Delivery through InPost Paczkomaty Sp. z o.o., based in Kraków, is selected, the Customer must also have an active telephone number, which is required to complete Delivery.

5. Customers need an active telephone number and email account to place an order by telephone.

6. Customers must not supply unlawful content or use the Online Store, Store Website or free services in a manner contrary to law or accepted standards of conduct, or in a way that infringes the personal rights of others.

7. The Seller notes that the public nature of the internet and the use of electronically supplied services may involve a risk of unauthorised access to or alteration of Customer data. Customers should therefore use appropriate technical measures to minimise these risks, particularly antivirus and identity-protection software. The Seller never asks Customers to disclose their Password in any form.

8. Customers must not use the Store’s resources or functions for activities detrimental to the Seller’s interests, including advertising another business or product, publishing content unrelated to the Seller’s activities, or publishing false or misleading content.

§ 3 Registration

1. To create a Customer Account, the Customer must complete Registration, which is free of charge.

2. Registration is not required to place an order in the Online Store.

3. To register, the Customer completes the registration form provided on the Store Website and submits it electronically to the Seller using the relevant function in that form. The Customer chooses an individual Password during Registration.

4. When completing the registration form, the Customer can read these Terms and accept them by selecting the relevant checkbox.

5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by selecting the relevant checkbox. In that case, the Seller clearly states the purpose of collecting the data and the recipients known or anticipated by the Seller.

6. Consent to processing personal data for marketing purposes is not a condition of entering into the contract for the electronically supplied Customer Account service. Consent may be withdrawn at any time by notifying the Seller, for example by email.

7. After submitting the registration form, the Customer promptly receives confirmation of Registration from the Seller at the email address supplied. At that point, the contract for the electronically supplied Customer Account service is concluded, and the Customer gains access to their account and can amend the information provided during Registration.

§ 4 Orders

1. Information on the Store Website does not constitute an offer by the Seller within the meaning of the Polish Civil Code. It is an invitation for Customers to make offers to conclude a Sales Contract.

2. Customers may place orders through the Store Website or by email 24 hours a day, 7 days a week.

3. Customers may place orders by telephone on the days and during the hours stated on the Store Website.

4. To order through the Store Website, the Customer selects the Goods they wish to buy and adds them to the order using the purchase button shown beside the Goods. Once the order is complete and the Delivery and payment methods have been selected in the basket, the Customer submits the order form to the Seller using the “Order and pay” button. Before submission, the Customer is informed of the total price of the selected Goods and Delivery and any additional costs payable under the Sales Contract.

5. To place a telephone order, the Customer calls the number provided by the Seller on the Store Website. During the call, the Customer identifies the Goods and quantities they wish to order, the Delivery method and address, and the payment method. The Customer also chooses to provide an email or postal address so that the Seller can confirm the proposed contract and the order if a Sales Contract is concluded. During the call, the Seller informs the Customer of the total price of the selected Goods, the total Delivery charge and any other costs payable if the Sales Contract is concluded.

6. After a Sales Contract is concluded by telephone, the Seller sends confirmation of its terms on a Durable Medium to the Customer’s chosen email or postal address. This confirmation includes, in particular, the Goods covered by the Sales Contract, their price, the Delivery charge and any other costs payable by the Customer under the contract.

7. To place an order by email, the Customer sends it to the address provided by the Seller on the Store Website. The message must include, in particular, the name, colour and quantity of the selected Goods displayed on the Store Website and the Customer’s address and contact details.

8. After receiving the message described in § 4(7), the Seller replies by email with its registration details, the price of the selected Goods, the available payment and Delivery methods and their costs, and any additional charges payable under the Sales Contract. The message also explains that concluding a Sales Contract by email entails an obligation to pay for the ordered Goods. On the basis of that information, the Customer may place the order by emailing the Seller their chosen payment and Delivery methods.

9. Placing an order constitutes the Customer’s offer to the Seller to conclude a Sales Contract for the Goods included in the order.

10. After the order is placed, the Seller sends confirmation of its receipt to the Customer’s email address.

11. Following that confirmation, the Seller emails the Customer to confirm acceptance of the order for fulfilment. This constitutes acceptance of the offer referred to in § 4(9). The Sales Contract is concluded when the Customer receives that acceptance.

12. After the Sales Contract is concluded, the Seller confirms its terms to the Customer on a Durable Medium, by email or in writing to the address supplied during Registration or when placing the order.

§ 5 Payments

1. Prices displayed beside Goods on the Store Website are inclusive of applicable taxes. They do not include Delivery charges or other costs payable under the Sales Contract, which are communicated to the Customer when selecting Delivery and placing the order.

2. The Customer may choose the following payment methods:

a) bank transfer to the Seller’s bank account. Fulfilment begins after the Seller sends confirmation of acceptance of the order and receives the funds in its bank account;

b) bank transfer through the external payment system przelewy24.pl, operated by PayPro S.A., a settlement agent based in Poznań. Fulfilment begins after the Seller sends confirmation of acceptance and receives confirmation from PayPro that the Customer has paid;

c) payment card through the external eService payment system, operated by Centrum Elektronicznych Usług Płatniczych eService Sp. z o.o., based in Warsaw. Fulfilment begins after the Seller sends confirmation of acceptance and receives confirmation of successful payment from eService;

d) cash on delivery, paid to the Delivery Provider at the time of Delivery. Fulfilment begins after the Seller sends confirmation of acceptance of the order.

3. If prepayment is selected, the Customer must pay the amount due under the Sales Contract within 3 Working Days.

4. If the Customer does not pay within the period specified in § 5(3), the Seller sets an additional payment deadline and informs the Customer of it on a Durable Medium. That notice also states that the Seller will withdraw from the Sales Contract if payment is not made by the additional deadline. If the second deadline passes without payment, the Seller sends the Customer a withdrawal statement on a Durable Medium under Article 491 of the Polish Civil Code.

§ 6 Delivery

1. The Seller delivers within the territory of the Republic of Poland.

2. The Seller must deliver Goods that conform to the Sales Contract.

3. The Seller states on the Store Website the number of Working Days needed to fulfil the order and complete Delivery.

4. The Delivery and fulfilment period stated on the Store Website is calculated in Working Days in accordance with § 5(2).

5. Ordered Goods are delivered to the Customer through the Delivery Provider at the address stated in the order form.

If InPost Sp. z o.o., based in Kraków, is selected as the Delivery Provider, the Delivery address is that of the parcel locker chosen by the Customer when placing the order.

6. On the day the Goods are dispatched, the Seller emails the Customer confirmation that the parcel has been sent.

7. The Customer must examine the delivered parcel at the time and in the manner customary for parcels of that type. If anything is missing or damaged, the Customer may ask the Delivery Provider’s employee to prepare an appropriate report.

8. Depending on the Customer’s choice, the Seller includes a receipt or VAT invoice for the delivered Goods in the parcel.

To receive a VAT invoice, the Customer should state at the time of purchase that they are buying as a Business Customer (taxpayer), by selecting the relevant field in the order form before submitting it to the Seller.

9. In connection with performance of the contract, the Seller may email the Customer an invitation to complete an after-sales survey concerning the transaction. Completing the survey is voluntary.

§ 7 Statutory liability for defects for Business Customers

1. The Seller ensures the Delivery of Goods free from defects and is liable to the Business Customer if the Goods are defective.

2. If the Goods are defective, the Business Customer may:

a) request a price reduction or withdraw from the Sales Contract, unless the Seller promptly replaces the defective Goods with defect-free Goods or remedies the defect without undue inconvenience to the Business Customer.

This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil its obligation to replace the Goods or remedy the defect. The Business Customer may request replacement instead of the repair proposed by the Seller, or repair instead of replacement, unless the chosen remedy is impossible or would involve excessive costs compared with the Seller’s proposed remedy. In assessing whether costs are excessive, account is taken of the value of defect-free Goods, the nature and significance of the defect and the inconvenience that an alternative remedy would cause the Business Customer.

b) request replacement of the defective Goods with defect-free Goods or repair of the defect. The Seller must do so within a reasonable time and without undue inconvenience to the Business Customer.

The Seller may refuse the requested remedy if bringing the defective Goods into conformity with the Sales Contract in the manner chosen by the Business Customer is impossible or would involve excessive costs compared with the other available remedy. The Seller bears the cost of repair or replacement.

3. A Business Customer exercising statutory rights in respect of defects must deliver the defective item to the Seller’s address. The Seller covers that delivery cost.

4. The Seller is liable under the statutory warranty for defects if a physical defect is discovered within two years of the Goods being handed over to the Business Customer. A claim for repair or replacement becomes time-barred after one year, but that period cannot end before the two-year period stated in the preceding sentence. Within that period, the Business Customer may withdraw from the Sales Contract or request a price reduction because of the defect. If the Business Customer has requested replacement or repair, the period for withdrawal or requesting a price reduction begins when the deadline for replacement or repair passes without the remedy being provided.

5. Business Customers may submit complaints about the Goods or performance of the Sales Contract in writing to the Seller’s address.

6. The Seller responds to a Business Customer’s complaint about the Goods or performance of the Sales Contract within 14 days of receiving it.

7. A Customer may submit a complaint about the free electronic services provided by the Seller. Complaints may be sent electronically to info@adorome.pl. In the complaint, the Business Customer should describe the problem. The Seller will consider the complaint and respond to the Business Customer promptly, and no later than within 14 days.

8. The Seller excludes its statutory liability for defects towards Business Customers.

§ 8 Commercial guarantee

1. Goods sold by the Seller may be covered by a guarantee provided by their manufacturer or distributor.

2. Where a guarantee applies, information about its existence and terms is provided on the Store Website.

§ 9 Lack of conformity of Goods with the contract

1. Goods conform to the contract where, in particular, the following conform to the contract:

a) their description, type, quantity, quality, completeness and functionality, and, for goods with digital elements, their compatibility, interoperability and availability of updates;

b) their fitness for a particular purpose required by the Consumer or Business Customer with Consumer Rights, where that purpose was communicated to and accepted by the Seller no later than when the contract was concluded.

2. To conform to the contract, the Goods must also:

a) be fit for the purposes for which goods of that type are normally used, taking account of applicable law, technical standards and good practice;

b) be supplied in the quantity and have the features, including Durability and safety—and, for goods with digital elements, functionality and compatibility—normally found in goods of that type and reasonably expected by a Consumer or Business Customer with Consumer Rights, taking account of the nature of the Goods and public statements made by the Seller, its legal predecessors or persons acting on their behalf, particularly in advertising or on labels, unless the Seller demonstrates that:

a. it did not know, and could not reasonably have known, about the public statement;

b. before the contract was concluded, the public statement had been corrected under the same conditions and in the same form as it was made, or in a comparable manner;

c. the public statement did not influence the decision of the Consumer or Business Customer with Consumer Rights to conclude the contract.

c) be delivered with the packaging, accessories and instructions that a Consumer or Business Customer with Consumer Rights may reasonably expect;

d) be of the same quality as, and match the description of, any sample or model the Seller made available to the Consumer or Business Customer with Consumer Rights before the contract was concluded.

3. The Seller is not liable for a lack of conformity in the matters covered by § 9(2) if, no later than the conclusion of the contract, the Consumer or Business Customer with Consumer Rights was expressly informed that a particular characteristic of the Goods departed from those requirements and expressly and separately accepted that departure.

4. The Seller is liable for a lack of conformity resulting from incorrect installation of the Goods where:

a) installation was carried out by the Seller or under its responsibility;

b) incorrect installation by the Consumer or Business Customer with Consumer Rights resulted from errors in instructions supplied by the business or a third party.

5. The Seller is liable for a lack of conformity that existed when the Goods were delivered and becomes apparent within two years of Delivery, unless the useful life stated by the Seller, its legal predecessors or persons acting on their behalf is longer. A lack of conformity that becomes apparent within two years of Delivery is presumed to have existed at Delivery, unless the contrary is proved or that presumption is incompatible with the nature of the Goods or of the lack of conformity.

6. The Seller cannot rely on expiry of the period specified in § 9(5) if it fraudulently concealed the lack of conformity.

7. Where the Goods do not conform to the contract, the Consumer or Business Customer with Consumer Rights may request repair or replacement.

8. The Seller may replace the Goods when repair is requested, or repair them when replacement is requested, if the remedy chosen by the Consumer or Business Customer with Consumer Rights is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Goods into conformity.

9. In assessing whether costs are excessive for the Seller, all the circumstances are taken into account, particularly the significance of the lack of conformity, the value of conforming Goods and the undue inconvenience that changing the remedy would cause the Consumer or Business Customer with Consumer Rights.

10. The Seller repairs or replaces the Goods within a reasonable time after being informed of the lack of conformity, and without undue inconvenience to the Consumer or Business Customer with Consumer Rights, taking account of the nature of the Goods and the purpose for which they were bought. The Seller bears repair or replacement costs, including postage, transport, labour and materials.

11. The Consumer or Business Customer with Consumer Rights makes the Goods available to the Seller for repair or replacement. The Seller collects them at its own expense.

12. If the Goods were installed before the lack of conformity became apparent, the Seller removes them and reinstalls them following repair or replacement, or arranges for this work at its own expense.

13. The Consumer or Business Customer with Consumer Rights is not required to pay for normal use of Goods that are subsequently replaced.

14. If the Goods do not conform to the contract, the Consumer or Business Customer with Consumer Rights may request a price reduction or withdraw from the contract where:

a) the Seller has refused to bring the Goods into conformity under § 9(8);

b) the Seller has failed to bring the Goods into conformity under § 9(10)–(12);

c) the lack of conformity persists despite the Seller’s attempt to remedy it;

d) the lack of conformity is sufficiently serious to justify an immediate price reduction or withdrawal without first using the remedies described in § 9(7)–(12);

e) the Seller’s statement or the circumstances clearly show that it will not bring the Goods into conformity within a reasonable time or without undue inconvenience to the Consumer or Business Customer with Consumer Rights.

15. The Seller must respond to a Consumer’s complaint within 14 days of receiving it.

16. The Seller refunds amounts due following a price reduction without undue delay and no later than 14 days after receiving the price-reduction statement from the Consumer or Business Customer with Consumer Rights.

17. A Consumer or Business Customer with Consumer Rights cannot withdraw from the contract if the lack of conformity is minor. A lack of conformity is presumed to be significant.

18. If only some Goods delivered under the contract do not conform, the Consumer or Business Customer with Consumer Rights may withdraw in respect of those Goods and also any other Goods purchased with them if it cannot reasonably be expected that they would agree to keep only the conforming Goods.

19. On withdrawal, the Consumer or Business Customer with Consumer Rights promptly returns the Goods at the Seller’s expense. The Seller refunds the price without undue delay and no later than 14 days after receiving the Goods or evidence that they have been sent back.

20. The Seller refunds the price using the same payment method used by the Consumer or Business Customer with Consumer Rights, unless they expressly agree to another method that involves no cost to them.

21. The Seller does not use the out-of-court dispute resolution procedures referred to in the Polish Act of 23 September 2016 on out-of-court resolution of consumer disputes.

§ 10 Withdrawal from the Sales Contract

1. A Consumer or Business Customer with Consumer Rights who has concluded a Sales Contract may withdraw from it within 14 days without giving a reason.

2. The withdrawal period begins when the Consumer, Business Customer with Consumer Rights or a third party designated by them, other than the carrier, takes possession of the Goods.

3. The Consumer or Business Customer with Consumer Rights may withdraw from the Sales Contract by notifying the Seller. This may be done, for example, in writing to HK Distribution Sp. z o.o., ul. Pory 78, 02-757 Warsaw, Poland, or by email to info@adorome.pl. A statement may be submitted using the model form made available by the Seller on the Store Website at: www.adorome.pl Withdrawal Form. Sending the statement before the deadline is sufficient to meet it.

4. On withdrawal, the Sales Contract is treated as if it had not been concluded.

5. If the Consumer or Business Customer with Consumer Rights submits a withdrawal statement before the Seller accepts their offer, the offer ceases to be binding.

6. The Seller must refund all payments received, including the cost of Delivery to the Consumer or Business Customer with Consumer Rights, without undue delay and no later than 14 days after receiving the withdrawal statement. The Seller may withhold reimbursement until it receives the Goods back or receives evidence that they have been sent back, whichever occurs first.

7. If the Consumer or Business Customer with Consumer Rights chose a Delivery method other than the least expensive standard Delivery offered by the Seller, the Seller is not required to reimburse the additional cost.

8. The Consumer or Business Customer with Consumer Rights must return the Goods promptly and no later than 14 days after withdrawing from the Sales Contract. Sending the Goods to the Seller’s address before that deadline is sufficient to meet it.

9. On withdrawal, a Consumer or Business Customer with Consumer Rights bears only the direct cost of returning the Goods.

10. If the nature of the Goods means they cannot normally be returned by post, the Seller will inform the Consumer and Business Customer with Consumer Rights of the return cost on the Store Website.

11. The Consumer and Business Customer with Consumer Rights are liable for any reduction in the value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

12. The Seller will refund the payment using the same payment method used by the Consumer or Business Customer with Consumer Rights, unless they expressly agree to another method that does not incur any cost for them.

13. The right to withdraw from a Sales Contract does not apply to Goods supplied in sealed packaging that cannot be returned for health protection or hygiene reasons once unsealed, if the packaging was opened after Delivery.

§ 11 Free services

1. The Seller provides the following electronic services to Customers free of charge:

a) Contact Form;

b) Newsletter;

c) Customer Account;

d) Posting Reviews.

2. The services listed in § 11(1) above are available 24 hours a day, seven days a week.

3. The Seller reserves the right to select and change the types, forms, duration and methods of access to these services. Customers will be notified using the procedure for changes to these Terms.

4. The Contact Form service enables Customers to send a message to the Seller using the form on the Store Website.

5. Customers may stop using the free Contact Form service at any time by ceasing to send enquiries to the Seller.

6. Any Customer may subscribe to the Newsletter by entering their email address in the subscription form provided by the Seller on the Store Website. After submitting the completed form, the Customer will promptly receive an activation link at the email address provided, to confirm their Newsletter subscription. Activating the link concludes the contract for the electronic Newsletter service.

Customers may also subscribe to the Newsletter during Registration by selecting the relevant checkbox in the registration form.

7. The Newsletter service consists of emails sent by the Seller containing information about new products or services in its range. The Seller sends the Newsletter to all subscribed Customers.

8. Each Newsletter includes, in particular, the sender’s details, a completed subject line describing its content, and information on how to unsubscribe from the free Newsletter service.

9. Customers may unsubscribe at any time by following the link in any Newsletter email or deselecting the relevant option in their Customer Account.

10. The Customer Account service is available after Registration under these Terms. It provides a dedicated panel on the Store Website where Customers can update the information provided during Registration, track their orders and view their order history.

11. Registered Customers may ask the Seller to delete their Customer Account. The Seller may delete the account within 14 days of receiving the request.

12. The Posting Reviews service allows Customers with a Customer Account to publish their own individual, subjective opinions on the Store Website, particularly about the Goods.

13. Customers may stop using the Posting Reviews service at any time by ceasing to post content on the Store Website.

14. The Seller may block access to a Customer Account and the free services if a Customer acts to the detriment of the Seller or other Customers, breaches the law or these Terms, or if blocking access is justified for security reasons, particularly where a Customer circumvents the Store Website’s security measures or engages in other hacking activities. Access will remain blocked only for the time necessary to resolve the issue that led to the restriction. The Seller will notify the Customer by email at the address provided in the registration form.

§ 12 Customer responsibility for posted content

1. By posting and sharing content, Customers voluntarily make that content available. Posted content does not express the Seller’s views and should not be identified with its business. The Seller is not the content provider; it only supplies the IT and communications resources for this purpose.

2. The Customer declares that:

a) they are entitled to use the economic copyrights, industrial property rights and/or related rights in the works, industrial property (such as trademarks) and/or subject matter of related rights that make up the content;

b) any personal data, images and information about third parties posted or shared through the services referred to in § 11 have been provided lawfully, voluntarily and with the consent of the persons concerned;

c) they consent to other Customers and the Seller viewing the published content and authorise the Seller to use it free of charge in accordance with these Terms;

d) they consent to adaptations of works within the meaning of the Polish Copyright and Related Rights Act.

3. The Customer may not:

a) post third parties’ personal data or distribute their images through the services referred to in § 11 without the authorisation or consent required by law;

b) post advertising and/or promotional content through the services referred to in § 11.

4. The Seller is liable for content posted by Customers subject to receiving notification in accordance with § 13 of these Terms.

5. Customers must not use the services referred to in § 11 to post content that could, in particular:

a) be posted in bad faith, for example with the intention of infringing the personal rights of third parties;

b) infringe any third-party rights, including copyright and related rights, industrial property rights, trade secrets or confidentiality obligations;

c) be offensive or threatening to others, or contain language contrary to accepted standards of decency, such as vulgar language or expressions generally considered offensive;

d) conflict with the Seller’s interests;

e) otherwise breach these Terms, accepted standards of conduct, applicable law, or social or customary norms.

6. After receiving notification under § 13, the Seller reserves the right to modify or remove content posted by Customers through the services referred to in § 11, particularly where reports from third parties or competent authorities indicate that the content may breach these Terms or applicable law. The Seller does not continuously monitor posted content.

7. The Customer consents to the Seller using their posted content free of charge within the Store Website.

§ 13 Reporting a threat or infringement of rights

1. If a Customer or any other person or entity considers that content published on the Store Website infringes their rights, personal rights, accepted standards of decency, feelings, morality, beliefs, principles of fair competition, know-how or information protected by law or a confidentiality obligation, they may notify the Seller of the potential infringement.

2. Once notified of a potential infringement, the Seller will promptly take steps to remove the content causing the infringement from the Store Website.

§ 14 Personal data protection

1. The rules for protecting Personal Data are set out in the Privacy Policy.

§ 15 Mobile Application

1. HK Distribution enables Customers to use the Website through the Mobile Application.

2. The Mobile Application can only be used on mobile devices running Android or iOS with internet access. The connection to the Website is made through the internet.

3. Through the Mobile Application, Customers can use all functions available on the Website, as well as additional functions offered exclusively in the Mobile Application.

4. Some Mobile Application functions may require the Customer’s prior voluntary consent, particularly to activate them, such as push notifications, or to allow the Mobile Application to access certain functions of the mobile device, such as the camera, location or device storage. The Customer may withdraw these permissions at any time through the device settings.

5. The Customer may uninstall (remove) the Mobile Application from their mobile device at any time. Uninstalling the Mobile Application does not delete the Customer Account on the Website.

6. HK Distribution exercises due care to ensure that the Mobile Application operates correctly, including its security and protection against errors and technical threats. Customers must use the current version of the Mobile Application, particularly by updating it regularly. La Makeup is not liable for the consequences of using an outdated version of the Mobile Application.

7. HK Distribution reserves the right for the availability of the Mobile Application or individual functions to be temporarily limited for technical, maintenance or other reasons beyond HK Distribution’s control, including force majeure. HK Distribution is not liable for interruptions caused by these circumstances.

8. Some Mobile Application functions may be available only in certain countries or selected language versions. HK Distribution reserves the right to change the availability of functions depending on the Customer’s location and their device’s system settings.

9. Customers may make purchases through the Mobile Application under the Website Terms. Transactions within the Application are protected using data encryption technology and handled by external payment systems providing an appropriate level of security.

10. The Mobile Application includes a chat function allowing Customers to contact HK Distribution customer service directly. Chat may be used in particular to ask questions, submit comments and obtain technical support and information about the Website, products and orders. HK Distribution reserves the right to determine chat availability hours and the scope of its functions.

§ 16 Termination of the services contract (excluding Sales Contracts)

1. Both the Customer and the Seller may terminate the contract for electronic services at any time without giving a reason, subject to preserving rights acquired by the other party before termination and to the provisions below.

2. A registered Customer may terminate the contract for electronic services by sending the Seller a statement to that effect using any means of distance communication that allows the Seller to receive and read it.

3. The Seller may terminate the contract for electronic services by sending the Customer a statement to that effect at the email address provided during Registration.

§ 17 Final provisions

1. The Seller is liable for failure to perform or improper performance of the contract. However, for contracts with Business Customers, the Seller is liable only for intentionally caused damage and only up to the actual losses incurred by the Business Customer.

2. These Terms may be retained by printing, saving to a storage medium or downloading from the Store Website at any time.

3. If a dispute arises from a Sales Contract, the parties will seek an amicable resolution. Polish law governs all disputes arising from these Terms.

4. Every Customer may use out-of-court complaint and redress procedures, including mediation. Lists of permanent mediators and mediation centres are provided and made available by the presidents of the competent Regional Courts. A Customer who is a Consumer may also use out-of-court complaint and redress procedures by submitting a complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/

5. The Seller reserves the right to amend these Terms. All orders accepted for fulfilment before new Terms take effect will be fulfilled under the Terms in force when the Customer placed the order. Amendments take effect seven days after publication on the Store Website. The Seller will notify the Customer by email seven days before the new Terms take effect, with a link to the amended text. Customers who do not accept the new Terms must notify the Seller, which will result in termination of the contract under § 15.

These Terms take effect on

↑  Back to top