{"id":100309,"date":"2024-05-15T12:59:36","date_gmt":"2024-05-15T12:59:36","guid":{"rendered":"https:\/\/www.pmbhurt.com\/?page_id=100309"},"modified":"2024-05-31T16:18:20","modified_gmt":"2024-05-31T16:18:20","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/pmbhurt.letgrow.pl\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

**GENERAL PROVISIONS**<\/p>\n

The store www.pmbhurt.com operates according to the rules set out in these Terms and Conditions.
\nThe Terms and Conditions specify the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, and the types and scope of services provided electronically by the www.pmbhurt.com store, the rules for providing these services, and the conditions for concluding and terminating electronic service agreements.
\nEvery user of the www.pmbhurt.com store is obliged to comply with the provisions of these Terms and Conditions.
\nThe administrator of the personal data of Clients collected through the Store is the Seller. The principles of personal data processing, information on personal data recipients, and the rights of Clients related to the processing of their personal data are outlined in the Privacy Policy available in the Store.
\nIn matters not regulated by these Terms and Conditions, the following provisions apply:
\n– The Act on the Provision of Electronic Services of July 18, 2002;
\n– The Consumer Rights Act of May 30, 2014;
\n– The Act on Out-of-Court Settlement of Consumer Disputes of September 23, 2016;
\n– The Civil Code Act of April 23, 1964, and other applicable Polish law provisions.<\/p>\n

**DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS**<\/p>\n

– **ORDER FORM** \u2013 the form available on the website www.pmbhurt.com that allows placing an Order.
\n– **CLIENT** \u2013 A business entity or company intending to or having concluded a Sales Agreement with the Seller.
\n– **CONSUMER** \u2013 A natural person who enters into a legal transaction with an entrepreneur not directly related to their business or professional activity, or a natural person entering into an agreement directly related to their business activity if the content of this agreement indicates that it does not have a professional nature for them (entrepreneur on consumer rights).
\n– **ENTREPRENEUR** \u2013 A natural person, legal person, and organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity in their name.
\n– **PRODUCT** \u2013 a movable item available in the Store, which is the subject of the Sales Agreement between the Client and the Seller.
\n– **TERMS AND CONDITIONS** \u2013 these terms and conditions of the Store.
\n– **STORE** \u2013 The Service Provider’s online store operating at www.pmbhurt.com
\n– **SELLER** \u2013 the entrepreneur: Micha\u0142 Borowiecki, ul. Brukowa 8, 91-341 \u0141\u00f3d\u017a, operating under the company number NIP: 728690030, email: info@pmbhurt.com
\n– **SALES AGREEMENT** \u2013 The Sales Agreement for the Product concluded between the Client and the Seller through the Store.
\n– **ORDER** \u2013 the Client’s declaration of intent, aiming directly at concluding a Sales Agreement with the Seller.
\n– **PRICE** \u2013 the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product under the Sales Agreement.<\/p>\n

**INFORMATION ABOUT PRODUCTS AND THEIR ORDERING**<\/p>\n

– The store www.pmbhurt.com sells Products via the Internet.
\n– The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
\n– The Product Price displayed on the Store’s website is given in Polish zlotys (PLN) and does not include the applicable taxes on this price. The price also does not include delivery costs.
\n– Orders can be placed via the website using the Order Form (www.pmbhurt.com) \u2013 24 hours a day, all year round.
\n– A condition for placing an Order in the Store by the Client is to read and accept the Store’s Terms and Conditions and Privacy Policy during the Order process.<\/p>\n

**CONCLUDING A SALES AGREEMENT**<\/p>\n

– The Client purchases Products by adding each selected product to the basket by clicking the “ADD TO ORDER” button, then selects the delivery and payment method for the Products.
\n– After selecting the Products, delivery, and payment methods, the Client proceeds to finalize the order by clicking the “PROCEED TO PAYMENT” button. Then the Client provides the necessary data to fulfill the order in the form, i.e., in particular, the Client’s identification data, delivery address, email address, and phone number.
\n– After filling in the mandatory fields of the form and accepting the Terms and Conditions and Privacy Policy and clicking the “BUY AND PAY” button by the Client, the order is placed.
\n– After placing the Order, the Seller immediately confirms its receipt to the email address provided by the Client.
\n– The confirmation of the receipt of the Order mentioned above binds the Client to their Order and concludes the sales agreement between the Seller and the Client. The confirmation of receipt of the Order is sent via email.
\n– The confirmation of the receipt of the Order includes:
\n– confirmation of all essential elements of the Order.
\n– Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.<\/p>\n

**PAYMENT METHODS**<\/p>\n

– The Seller provides the following payment methods:
\n– traditional bank transfer to the Seller’s bank account.
\n– In the case of payment by traditional bank transfer, the payment should be made to the bank account number: … In the transfer title, please enter “Order no …”.
\n– If the Client chooses to pay by bank transfer, they are obliged to pay the price under the Sales Agreement within 7 business days from the date of its conclusion unless the Sales Agreement states otherwise.
\n– The Product will be shipped only after it has been paid for.<\/p>\n

**COST, TIME, AND METHODS OF DELIVERY OF THE PRODUCT**<\/p>\n

– The delivery costs of the Product, which the Client covers, are determined during the Order process.
\n– The delivery time of the Product consists of the time for completing the Product and the time for delivery of the Product by the carrier:
\n– the time for completing the Products is up to 7 business days,
\n– delivery of the Products constituting movable items by the carrier occurs within the time declared by them, i.e., up to 3 business days from the moment of dispatch.
\n– Product delivery is only on business days, i.e., excluding Saturdays, Sundays, and holidays.
\n– Products purchased in the Store are shipped only within Poland via the Polish Post or a courier company.<\/p>\n

**PRODUCT COMPLAINT**<\/p>\n

– The basis and scope of the Seller’s liability towards the Client being a Consumer when the sold Product has a defect are set out in generally applicable law, including the Consumer Rights Act. For agreements concluded by December 31, 2022, the basis and scope of the Seller’s liability towards the Client are determined by the Civil Code. For agreements concluded on January 1, 2023, the principles described in these Terms and Conditions apply.
\n– In case of non-compliance of the goods with the contract, the consumer has the rights specified in the applicable law, especially in the Consumer Rights Act. The Seller hereby informs about the entrepreneur’s liability for compliance of the performance with the contract provided by law. The consumer has the right to use the warranty if provided. The consumer acknowledges that if the goods are sold as defective, this is described in the product card content.
\n– The goods are in accordance with the contract when their description, type, quantity, quality, completeness, and functionality, and in the case of goods with digital elements, also compatibility, interoperability, and availability of updates, as well as suitability for a particular purpose that the Consumer notified the Seller about, comply with the contract.
\n– If the goods are not in accordance with the contract, the consumer may request their repair or replacement.
\n– The Seller may replace the goods when the consumer requests a repair, or the Seller may repair the goods when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, they may refuse to bring the goods into conformity with the contract.
\n– The Seller will repair or replace the goods within a reasonable time from the moment they were informed by the consumer about the lack of conformity with the contract, without excessive inconvenience for the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The Seller bears the costs of repair or replacement, including, in particular, postage, transport, labor, and materials costs.
\n– The consumer makes the goods available to the Seller to be repaired or replaced, which the Seller collects from the Consumer. The Seller bears the cost of collecting the goods.
\n– The consumer does not bear the cost of ordinary use of the goods, which were subsequently replaced.
\n– The entrepreneur is liable for the lack of conformity of the goods with the contract existing at the time of their delivery and disclosed within two years from that moment unless the expiry date for the goods specified by the entrepreneur, their legal predecessors, or persons acting on their behalf is longer.
\n– It is presumed that the lack of conformity of the goods with the contract that was disclosed before the expiry of two years from the time of delivery existed at the time of their delivery unless proven otherwise or if this presumption is inconsistent with the nature of the goods or the nature of the lack of conformity.
\n– The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.
\n– The Seller encourages submitting complaints using the complaint form (Appendix No. 1) and sending it to the Seller’s email address info@pmbhurt.com or in writing to the Seller’s address: Micha\u0142 Borowiecki, ul. Brukowa 8, 91-341 \u0141\u00f3d\u017a. The use of the form is not mandatory.
\n– The Seller encourages precise complaints, including describing the goods, purchase date, Client’s data, type of defect, date of its occurrence, and the requested method of remedying the damage for quick and efficient handling of the complaint. If necessary, the Seller encourages prior telephone or<\/p>\n

email contact with them.
\n– The Seller will respond to the Client’s complaint promptly, no later than within 14 calendar days from its submission.
\n– The client who exercises their rights under the warranty is obliged to deliver the defective item to the Seller’s address, the Seller covering the delivery costs.
\n– The Seller is liable for defective products under the warranty rules.
\n– The Seller’s liability is limited if the Client is an entrepreneur.
\n– Clients being Entrepreneurs do not have the right to withdraw from a contract concluded remotely, as stated in the Consumer Rights Act.<\/p>\n

**RIGHT OF WITHDRAWAL**<\/p>\n

– The right of withdrawal applies only to Clients who are Consumers.
\n– The Consumer can withdraw from the Sales Agreement within 14 days without giving any reason.
\n– The withdrawal period expires after 14 days from the day the Consumer or a third party indicated by them, other than the carrier, took possession of the Product.
\n– To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the Sales Agreement by an unequivocal statement (e.g., a letter sent by post or email).
\n– The Consumer may use the withdrawal form template (Appendix No. 2), but it is not mandatory.
\n– To meet the withdrawal deadline, it is sufficient for the Consumer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
\n– If the Consumer withdraws from the Sales Agreement, the Seller will reimburse all payments received from the Consumer, including the delivery costs (except for the supplementary costs arising if the Consumer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event no later than 14 days from the day on which the Seller was informed about the Consumer’s decision to withdraw from this Sales Agreement.
\n– The Seller will make the reimbursement using the same means of payment as the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise. In any event, the Consumer will not incur any fees as a result of the reimbursement.
\n– The Seller may withhold the reimbursement until the Seller has received the returned Product or the Consumer has supplied evidence of having sent back the Product, whichever is the earliest.
\n– The Consumer should send back the Product or hand it over to the Seller without undue delay and, in any event, no later than 14 days from the day the Consumer communicated their withdrawal from this Sales Agreement. The deadline is met if the Consumer sends back the Product before the period of 14 days has expired.
\n– The Consumer will bear the direct cost of returning the Product.
\n– The Consumer is only liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
\n– The right to withdraw from the Sales Agreement is not granted to the Consumer in respect of contracts:
\n– for the supply of goods made to the Consumer’s specifications or clearly personalized;
\n– for the supply of goods that are liable to deteriorate or expire rapidly;
\n– for the supply of goods that are sealed and are not suitable for return due to health protection or hygiene reasons if they are unsealed after delivery.<\/p>\n

**FINAL PROVISIONS**<\/p>\n

– Agreements concluded through the Store are concluded in the Polish language.
\n– The Seller reserves the right to amend these Terms and Conditions for important reasons, i.e., changes in law, changes in payment and delivery methods \u2013 to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each amendment at least 7 days in advance.
\n– In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services.
\n– Any disputes arising between the Seller and the Client, who is a Consumer, shall be resolved by competent courts according to the provisions of relevant acts of law.
\n– Any disputes arising between the Seller and the Client, who is an Entrepreneur, shall be resolved by the competent court with jurisdiction over the Seller’s registered office.
\n– These Terms and Conditions come into force on May 30, 2024.<\/p>\n<\/div><\/div><\/div><\/div><\/section>\n<\/div>","protected":false},"excerpt":{"rendered":"**GENERAL PROVISIONS** The store www.pmbhurt.com operates according to the rules set out in these Terms and Conditions. The Terms and Conditions specify the conditions for concluding and terminating Product Sales Agreements, the complaint procedure, and the types and scope of services provided electronically by the www.pmbhurt.com store, the rules for providing these services, and the conditions for concluding and terminating electronic service agreements. Every user of the www.pmbhurt.com store is obliged to comply with the provisions of these Terms and Conditions. The administrator of the personal data of Clients collected through the Store is the Seller. The principles of personal data processing, information on personal data recipients, and the rights of Clients related to the processing of their personal data are outlined in the Privacy Policy available in the Store. In matters not regulated by these Terms and Conditions, the following provisions apply: - The Act on the Provision of Electronic Services of July 18, 2002; - The Consumer Rights Act of May 30, 2014; - The Act on Out-of-Court Settlement of Consumer Disputes of September 23, 2016; - The Civil Code Act of April 23, 1964, and other applicable Polish law provisions. **DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS**...","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-100309","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/pages\/100309","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/comments?post=100309"}],"version-history":[{"count":2,"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/pages\/100309\/revisions"}],"predecessor-version":[{"id":100313,"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/pages\/100309\/revisions\/100313"}],"wp:attachment":[{"href":"https:\/\/pmbhurt.letgrow.pl\/en\/wp-json\/wp\/v2\/media?parent=100309"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}