Terms & conditions

TERMS AND CONDITIONS

OF THE ONLINE SHOP

The online shop operating at https://ferrum.audio/ (hereinafter referred to as the Online Shop) is a service operated by HEM Sp. z o.o. with its registered office in Pruszków 05-800 Pruszków, al. Jerozolimskie 475, entered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the Capital City of  Warsaw in Warsaw, XIV Commercial Division of the National Court Register under KRS no.: 0000775090, NIP: 5342594809, REGON: 382771603, with share capital of PLN 100,000.00.

You can contact us via the communication channels below:

  • Postal address: al. Jerozolimskie 475, 05-800 Pruszków, Poland
  • E-mail address: office@hem-e.com
  • Telephone number: +48 22 823 72 38

§ 1 Glossary of terms

For the purposes of these Terms and Conditions, we adopt the following definitions of the terms used:

  1. Consumer – a natural person making a legal transaction with the Entrepreneur that is not directly related to his/her business or professional activity;
  2. Entrepreneur – a natural person, a legal person, an organisational unit without legal personality, conducting a business or professional activity in its own name in connection with legal actions whose scope includes the content of these Terms and Conditions;
  3. Entrepreneur on the rights of a consumer – a natural person who enters into a agreement directly related to his/her business activity, provided 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;
  4. Buyer – a natural person, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, concluding a Sale Agreement with the Seller;
  5. Seller – HEM Sp. z o.o. with its registered office in Pruszków 05-800 Pruszków, al. Jerozolimskie 475, NIP: 5342594809, REGON: 382771603, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register under KRS no.: 0000775090, with share capital of PLN 100,000.00
  6. Goods – any movable item displayed for sale in the Online Shop;
  7. Order form – a form available in the Online Shop, containing a declaration of intent of the Buyer, including indication of the selected Goods and their number, the purpose of which is to conclude a Sale Agreement;
  8. Price – the gross value including VAT, expressed in Euros [EUR], which the Buyer is obliged to pay to the Seller for the Goods;
  9. Shopping Cart – a feature of the Online Shop that allows orders to be placed via the Order Form;
  10. Sale Agreement – an agreement by which the Seller undertakes to transfer and deliver to the Buyer the ownership of the Goods, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
  11. Distance sale agreement – a sale agreement concluded between the Seller and the Buyer without the simultaneous physical presence of the parties to the agreement, by means of distance communication up to and including the conclusion of the agreement;
  12. Addressee – the natural person designated by the Buyer as competent to receive the Goods;
  13. Warranty – a voluntary undertaking by the Seller, given on the basis of a warranty statement, specifying the obligations of the Seller and the rights of the Buyer in the event that the Goods do not have the properties specified in this statement;
  14. Surety – a mode of claiming liability by the Buyer in respect of a physical or legal defect in the Goods purchased;
  15. Business days – days from Monday to Friday, excluding public holidays;
  16. Payment service providers – entities which are payment institutions within the meaning of the provisions of the Act of 19 August 2011 on payment services, through which the Purchaser may pay the Price;
  17. Terms and Conditions – this document, constituting regulations pursuant to the Act of 18 July 2002 on the provision of electronic services;
  18. Civil Code – Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

§ 2 General Provisions

  1. These Terms and Conditions set out the rules for the use of the Online Shop, the rules for the conclusion of distance sale agreements, the performance of these agreements, the rights and obligations of the Buyer and the Seller, the procedure for withdrawal from the agreement and the complaint procedure.
  2. Buyers using the Online Shop are obliged to comply with these Terms and Conditions.
  3. Buyers undertake to use the Online Shop in accordance with the applicable laws and principles of social co-existence.
  4. Buyers are prohibited from supplying unlawful content when using the Online Shop.
  5. Correct use of the Online Shop and placing orders requires access to a computer or other device (e.g. smartphone or tablet) with Internet access and a web browser (e.g. Google Chrome, Internet Explorer, Mozilla Firefox, Safari) and an active mailbox (e-mail).
  6. Viewing Goods and placing orders in the Online Shop does not require registration.
  7. The seller fulfils orders with a delivery address located in Europe.
  8. If the Goods are covered by a manufacturer’s Warranty, the Warranty does not exclude or limit the Buyer’s rights under the Surety.
  9. The goods available in the Online Shop are new, free of physical and legal defects.  
  10. Pursuant to Article 13 of Regulation (EU) 2016/678 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, we inform that the Administrator Controller of the personal data processed in connection with the services provided by the Seller is Hem Sp. z o.o., with registered office in Pruszków 05-800 Pruszków, al. Jerozolimskie 475. For details on the processing of personal data, please refer to the privacy policy: Privacy policy – Ferrum.

§ 3 Terms of sale

  1. The information about the Goods found in the Online Shop constitutes an invitation to conclude a Sale Agreement within the meaning of Article 71 of the Civil Code. 
  2. To place an order, the Customer selects the Goods available in the Online Shop, then specifies the quantity of Goods he/she wishes to purchase and adds the Goods to the Basket by using the functionality of the Online Shop.
  3. Prices quoted do not include delivery costs, which are given when choosing the method of delivery. Their amount depends on the value of the order, the weight of the order, the method of delivery and the destination of the shipment – domestic or abroad.
  4. The Buyer fills in the Order Form, indicating in it the data necessary for the Seller to process the order. The Buyer is obliged to provide his/her true, complete and correct personal data. The Buyer is obliged to provide all the required data. Partially completed order forms shall not be processed.
  5. The Buyer may enter a discount code, if any, on the Order Form which shall reduce the final Price.
  6. In order to pay the Price, the Buyer has a choice of payment methods, provided by the Payment Service Providers indicated in the Order Form (i.e. PayPal, Stripe).
  7. Once the order has been paid for and verified, the Seller sends to the Customer, by e-mail to the address provided in the Order Form, a statement of acceptance of the order, which constitutes confirmation of the order. Upon receipt of the e-mail by the Customer, a Sale Agreement is concluded.
  8. The computerised registers, archived orders and invoices are stored in secure form on the Seller’s computer systems and shall be regarded as proof of communication, orders and payments between the Buyer and the Seller.
  9. In the event of unavailability of part or all of the Goods covered by the order, the Seller shall immediately inform the Buyer of this fact, with the Buyer being given the choice of receiving a refund of the amount of money paid or of changing the Goods selected. If the Buyer chooses to change the Goods whose Price is lower than the amount paid, the Seller shall refund the excess to the Buyer, and if the Buyer chooses to change the Goods whose Price is higher than the amount paid, the Buyer agrees to pay the difference. The seller reserves the right to extend the delivery period in this case.

§ 4 Terms of Delivery

  1. The order shall be fulfilled within 3 business days from the day following the day on which the Buyer has received the Seller’s order confirmation.
  2. The Buyer is obliged to provide a correct and accurate address to which the Goods are to be delivered. The place of performance shall be the address given by the Buyer as the delivery address for the ordered Goods.
  3. The Buyer shall be informed of the dispatch of the Goods in a separate e-mail, which shall include the consignment note number and the sale document.
  4. The seller shall issue a VAT invoice in electronic form if the customer declares a wish to receive it at the stage of placing the order.
  5. In the event of a delay in delivery, the Buyer should inform the Seller using the contact form. Based on the information obtained, the Seller shall make arrangements with the carrier. If the consignment is found, it shall be immediately redirected to the Buyer’s address. If the consignment is not found within 21 days, it shall be deemed lost, in which case the Seller shall provide the Buyer with replacement Goods, with the same characteristics as the Goods ordered, at its expense. If the Goods are not available, § 3 9 of the Terms and Conditions shall apply.
  6. Upon receipt, the Buyer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, he/she should draw up a damage report in the presence of the courier and notify the Seller on the first business day after delivery at the latest, by sending an e-mail to: office@hem-e.com, including a description of the irregularities (order number, description of damage).

§ 5 Withdrawal from the agreement

  1. Consumers and Entrepreneurs with consumer rights have the right to withdraw from a Distance Agreement for a period of 30 days without stating the reasons and without incurring any costs.
  2. The period shall begin when the Goods are accepted by the Buyer or the Addressee.
  3. Consumers and Entrepreneurs with consumer rights may withdraw from a Distance Agreement by sending a declaration in the form of an e-mail, containing information about the date of purchase and the order number, to the following e-mail address: office@hem-e.com.
  4. It shall be sufficient for the period referred to in sec. 1 to be observed if the declaration of withdrawal is sent before its expiry. 
  5. Upon receipt of the declaration, the Seller shall immediately acknowledge the receipt.
  6. In the event of withdrawal from an Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
  7. The Buyer shall be obliged to return the Goods to the Seller or to hand them over to a person authorised by the Seller to collect them immediately, but no later than 14 days from the day on which he/she received confirmation of receipt of the statement, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is sufficient to send back the Goods before the deadline to the Seller’s address: al. Jerozolimskie 475, 05-800 Pruszków, Poland or handing it over to a person authorised by the Seller for collection.
  8. The Seller shall be obliged to refund to the Buyer all payments made by the Buyer, including the cost of delivering the Goods, using the same method of payment used by the Buyer, within 30 days of receipt of the Goods or provision by the Buyer of proof of their return, whichever occurs first.
  9. If the Buyer has chosen a method of delivery of the Product other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Buyer for the additional costs incurred by them. 
  10. The Buyer shall be liable for any diminished value of the Product resulting from its use beyond what is necessary to establish the nature, features and functioning of the item.

§ 6 Complaints and Warranty

  1. The Seller shall be liable to the Consumer and the Entrepreneur in accordance with the consumer’s rights for the conformity of the Goods with the concluded Sale Agreement, in accordance with Article 43a et seq. of The Act on Consumer Rights of 30.05.2014.
  2. The Seller shall not be liable for non-conformity of the Goods with the agreement if the Buyer, at the latest at the time of conclusion of the agreement, has been expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the agreement as defined in Article 43b of the Consumer Rights Act and has expressly accepted the lack of a specific feature of the Goods.
  3. The Seller shall be liable for any lack of conformity of the Goods with the agreement existing at the time of delivery and disclosed within two years of that time, unless the Goods’ shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
  4. If the Goods are not in conformity with the agreement, the Buyer may request their repair or replacement, unless repair and replacement are impossible or would require excessive costs for the Seller.
  5. The Seller may make an exchange when the Buyer requests a repair, or a repair when the Buyer requests a replacement, if bringing the Goods into conformity with the agreement in the manner chosen by the Buyer is impossible or would require excessive costs for the Seller.
  6. If the Goods are not in conformity with the agreement, the Buyer may make a declaration to reduce the Price or withdraw from the agreement, if:
        a. the Seller refused to bring the Goods into conformity with the agreement;
        b. the Seller has not brought the Goods into conformity with the agreement;
        c. the non-conformity of the Goods with the agreement continues even though the Seller has tried to bring the Goods into conformity with the           agreement;
        d. the non-conformity of the Goods with the agreement is such as to justify either a reduction in price or withdrawal from the agreement without prior   recourse to repair or replacement; 
        e. it is clear from the Seller’s statement or the circumstances that he/she shall not bring the Goods into conformity with the agreement within a           reasonable time or without undue inconvenience for the Buyer.
  7. The buyer may not withdraw from the agreement if the non-conformity of the Goods with the agreement is immaterial. 
  8. Notification of non-conformity of the Goods with the agreement shall be made by sending a message by e-mail to: office@hem-e.com. The message should contain at least: name, surname and address of the person making the complaint, information about the date of purchase, order number, description of non-conformity of the Goods with the agreement, date when the defect was noticed and specification of the demand (repair of the Goods or replacement with new ones).
  9. When a Complaint is made under the terms of § 6 item 7, the message should contain as a minimum: name, surname and address of the person making the complaint, information about the date of purchase, order number, description of non-compliance of the Goods with the agreement, date when the defect was noticed and circumstances supporting the claimed reduction of the Price or withdrawal from the agreement.
  10. Upon receipt of the complaint statement, the Seller shall immediately acknowledge its receipt.
  11. The Buyer is obliged to send the Goods to the Seller or hand them over to a person authorised by the Seller to receive them, no later than within 14 days from the day on which he/she received confirmation of receipt of the complaint statement. The correct address for sending the Goods is the Seller’s address (al. Jerozolimskie 475, 05-800 Pruszków, Poland).
  12. The Seller shall repair the Goods, replace the Goods with new ones or deem a reduction in the Price to be justified, without undue delay, upon receipt of the Goods and verification of the reported damage.
  13. Pursuant to Article 558 of the Civil Code, in the case of a sale of Goods to a Buyer who is not a Consumer, the Seller’s liability under the Surety is excluded. 
  14. In the case of Goods covered by the Warranty, the Buyer’s rights and the Seller’s obligations are to be exercised in accordance with the terms and conditions set out in the warranty statement accompanying the purchased Goods.

§ 7 Final provisions

  1. In matters not regulated by the Terms and Conditions, the relevant provisions of Polish law shall apply. In the event that the provisions that apply in the Consumer’s country are more favourable to the Consumer and these provisions cannot be excluded by agreement, they shall apply to the Sale Agreement concluded with the Consumer via the Online Shop.
  2. All product names appearing on the website of the Online Shop are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).
  3. The Terms and Conditions of the Online Shop are made available free of charge, at any time, via the activation link provided on the home page of the Online Shop and in the Basket (prior to the conclusion of the agreement).
  4. The Seller reserves the right to amend the Terms and Conditions. The amendment shall not affect the rights of Buyers who have placed an order or entered into a Sale Agreement prior to the amendments to the Terms and Conditions.
  5. Disputes arising from the conclusion of a Sale Agreement under these Terms and Conditions shall be submitted to adjudication by:
    1. a general court of the Buyer’s choice in accordance with the applicable provisions of Polish law if the Buyer is a Consumer,
    2. the competent court with jurisdiction over the Seller’s registered office if the Buyer is not a Consumer.
    3. All matters not covered by these Terms and Conditions shall be resolved by a court.
    4. These Terms and Conditions shall become effective on: 20.10.2023.

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