Terms of service
Regulations-Phenomene
ONLINE STORE REGULATIONS
HYPEVENOMBRAND.COM
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINTS (CONCERNING SALE AGREEMENTS INCLUDED FROM 25 DECEMBER 2014)
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. DEAL LEAVING LAW (REACHES FOR SALES CONCERNING FROM 25 DECEMBER 2014)
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PERSONAL DATA IN THE WEB STORE
11. FINAL PROVISIONS
The Internet store does y hypevenombrand.com care about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event that the provisions of these Regulations may not comply with the above provisions, these provisions shall take precedence and shall be applied.
- GENERAL PROVISIONS
1.1. Online store available at the Internet address www.hypevenombrand.com Is carried out by LESHIY LLC, which is engaged in business activities. Company - LESHIY LLC,
Entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with: address of the place of business and address for delivery: 30 N Gould St Ste R, Sheridan, WY, 82801, USA , E-mail address: support.manager@hypevenombrand.com .
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for point 9 of the Regulations, which is addressed only to entrepreneurs).
1.3. The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations. Personal data are processed for the purposes, in the scope and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Service User or the Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.1.1. WORKING DAY-one day from Monday to Friday excluding public holidays.
1.1.2. REGISTRATION FORM-a form available in the Online Store that allows you to create an Account.
1.1.3. ORDER FORM-Electronic Service, an interactive form available in the Online Store enabling the placing of the Order, in particular by adding the Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. CUSTOMER- (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; -Who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.5. CIVIL CODE-the Civil Code Act of 23 April 1964. (Journal of Laws No. 1964 No. 16, item 93 as amended).
1.1.6. KONTO-Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about Orders submitted by him in the Online Store are collected.
1.1.7. NEWSLETTER-Electronic Service, an electronic distribution service provided by the Service Provider via e-mail e-mail, which enables all users to automatically receive from the Service Provider the recurring content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.1.8. PRODUCT-clothing and related clothing available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
1.1.9. REGULATIONS-these regulations of the Online Store.
1.1.10. INTERNET STORE-Service Provider's online store available at the Internet address: www.hypevenombrand.com
1.1.11. SELLER; SERVICE- LESHIY LLC conducting business activity,
Entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with: address of the place of business and address for delivery: HYPEVENOM LIMITED, 30 N Gould St Ste R, Sheridan, WY, 82801, USA
, E-mail address: support.manager@hypevenombrand.com .
1.1.12. SALES AGREEMENT-a contract for the sale of the Product concluded or concluded between the Customer and the Seller through the Online Store.
1.1.13. ELECTRONIC SERVICE-a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
1.1.14. SERVICE- (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; -Using or intending to use the Electronic Service.
1.1.15. ACT ON CONSUMER RIGHTS, ACT-Act of 30 May 2014. On consumer rights (Journal of Laws No. 2014 item 827 as d.)
1.1.16. ORDER-a statement of the Customer's will made using the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
1.1.17. Account-the use of the Account is possible after a total of three consecutive steps by the Service Recipient- (1) completing the Registration Form, (2) clicking the "Create Account" field and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the given address email. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Service recipients who are not consumers, it is also necessary to provide the name of the company and the number of the tax identification number.
1.1.17.1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the opportunity, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: hypevenomstore@gmail.com or in writing to the address: LESHIY LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, USA.
1.1.18. Order Form-Use of the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing the Order takes place after the Customer has completed a total of two consecutive steps- (1) after completing the Order Form and (2) clicking on the Website of the Online Store after completing the Order Form in the field "Order with obligation to pay"-until then it is possible to independently modify the entered data (For this purpose, use the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
1.1.18.1. The Electronic Order Form Service is provided free of charge and is a one-time service and ends when the Order is submitted through it or when the Service Recipient ceases to place the Order through it.
1.1.19. Newsletter - the use of the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when you create an Account-when you create an Account, the Service Recipient is saved to the Newsletter.
1.1.19.1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending the appropriate request to the Service Provider, in particular via e-mail to: support.manager@hypevenombrand.com or in writing to the address: LESHIY LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, USA.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024 × 768; (5) inclusion in the web browser of the ability to save cookies and support Javascript.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
1.1.20. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which was indicated in point 6 and 7 of the Regulations) The Service Recipient may submit, for example:
1.1.21. In writing to the address: LESHIY LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, USA.
1.1.22. In electronic form by e-mail at: support.manager@hypevenombrand.com
1.1.23. It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) contact details of the person submitting the complaint-this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
1.1.24. The Service Provider's response to the complaint takes place immediately, not later than within 14 calendar days from the date of its submission.
- CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point 2.1.2 Regulaminu.
3.2. The price of the Product shown on the website of the Online Store is in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - the Customer is informed about the obligation to pay them. on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
1.1.25. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order in the Online Store in accordance with point 2.1.2 Regulaminu.
1.1.26. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Fixing, securing and making the content of the concluded Sale Agreement available to the Customer by (1) making these Regulations available on the website of the Online Store and (2) sending the Customer the e-mail referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
- METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
1.1.27. Cash on delivery on delivery.
1.1.28. Cash payment on personal delivery.
1.1.29. Payment by transfer to the bank account of the Seller.
1.1.29.1. Bank: PKO BANK
1.1.29.2. Account number: 35 1020 1042 0000 8002 0488 9335
1.1.30. Electronic payments and payment by card via PayU.pl-possible current payment methods are specified on the website of the Online Store in the "Payment Ways" tab and on the website http://www.payu.pl .
1.1.30.1. The settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer's choice via PayU.pl. The handling of electronic payments and payment cards is carried out by:
1.1.30.1.1. PayU.pl-PayU S.A. with its registered office in Poznań (registered address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital of PLN 4,000,000 fully paid up, NIP: 779-23-08-495.
4.2. Payment Term:
1.1.31. If the Customer selects cash payment on personal receipt, transfer payment, electronic payments or payment by payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sale Agreement.
1.1.32. If the Customer selects the payment by withdrawal upon receipt of the parcel, the Customer is obliged to make payment upon receipt of the parcel.
- COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1. Delivery of the Product is available on the territory of the Republic of Poland.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the website of the Online Store in the tab "Delivery costs" and during the order, including at the time when the Customer expresses his will to be bound by the Sales Agreement.
5.3. Personal reception of the Product by the Customer is free of charge.
5.4. The Seller shall provide the following methods of delivery or receipt of the Product to the Customer:
1.1.33. Postal mail, collection mail.
1.1.34. Courier, courier delivery.
1.1.35. Personal pick-up available at: LESHIY LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, USA - on Working Days, from 09:00 to 17:00.
5.5. The time limit for the delivery of the Product to the Customer is up to 7 Working Days, unless a shorter time is specified in the description of the product in question or during the placing of the Order. For Products with different delivery dates, the delivery date is the longest time given, but cannot exceed 7 Working Days. The beginning of the deadline for the delivery of the Product to the Customer is counted as follows:
1.1.36. If the Customer chooses the method of payment by transfer, electronic payments or payment card-from the date of crediting the bank account or settlement account of the Seller.
1.1.37. If the Customer chooses the method of payment by withdrawal-from the date of conclusion of the Sale Agreement.
5.6. The date of readiness of the Product for receipt by the Customer-if the Customer chooses to receive the Personal Product, the Product will be ready for receipt by the Customer within 2 Working Days, unless a shorter deadline is specified in the description of the product in question or during the submission of the Order. For Products with different ready-to-be-received dates, the deadline for ready-to-be-received is the longest time, but it cannot exceed 2 Working Days. The Customer will be additionally informed by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided during the order. The beginning of the deadline for the product to be ready for receipt by the Customer is counted as follows:
1.1.38. If the Customer chooses the method of payment by transfer, electronic payments or payment card-from the date of crediting the bank account or settlement account of the Seller.
1.1.39. If the Customer chooses the method of cash for personal receipt-from the date of conclusion of the Sale Agreement.
- PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's responsibility towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable legal provisions, in particular in the Civil Code (in particular in Art. 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller's liability due to the defect of the Product and the Customer's rights are specified on the website of the Online Store in the "Commodity complaint" tab.
6.3. A complaint may be filed by the Client, for example:
LESHIY LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, USA
The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the item or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
To meet the deadline, it is enough to send a statement before its expiry.
The consumer may use the form template, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
Sales Agreement) - from taking the Product into the possession of the consumer or a third party designated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product , batch or part, or (2) consists in the regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
8.7. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
The amount to be paid is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts.
- PROVISIONS CONCERNING ENTREPRENEURS
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier's liability.
558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient / Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
- FINAL PROVISIONS
10.1. Changing the Regulations:
provision of Electronic Services - Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
Sales Agreement) changes to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not affect already placed or placed Orders and concluded, implemented or performed Sales Agreements.
- TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
LESHIY LLC, 30 N Gould St Ste R, Sheridan, WY, 82801, USA.
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
– Data
(*) Delete as appropriate.