Rules of procedure

Good morning!

First of all, our full details of registration as the seller: the seller is MasterHAK Sp. z o.o. with its registered office in Wiry, ul. Brzoskwiniowa 2 lok. 1, 62-051 Wiry, registered in the National Court Register under KRS number: 0001011484, whose registration documents are filed with the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII. Commercial Division of the National Court Register, under NIP number: 777339934 and REGON number: 524072555, share capital PLN 50,000.

Below you will find the General Terms and Conditions, which contain, among other things, information on how to place an order that leads to the conclusion of a contract, details on the fulfilment of the concluded contract, the forms of delivery and payment available in the shop, the procedure for withdrawing from the contract or the complaints procedure.

If you have any comments, questions or concerns, please do not hesitate to contact us. You will find the contact details in the Contact section.

Best wishes and have fun shopping!

Masterhak Webshop Team

[CHAPTER I: INTRODUCTORY PROVISIONS]

§ 1.

General provisions

The Masterhak Shop Rules and Regulations (hereinafter referred to as the “Rules and Regulations”) set out the principles for concluding contracts between the Seller and the Buyer, including the rights and obligations of the contracting parties, the scope of responsibility of the contracting parties and other conditions for contracts whose subject matter is the products offered by the Seller.
If no separate purchase agreement has been concluded between the Seller and the Buyer, these General Terms and Conditions together with the order form constitute a purchase agreement within the meaning of Article 535 § 1 of the Civil Code.

§ 2.

Definitions

The terms used in the Rules of Procedure have the following meaning:

electronic address – an “electronic address” is the name of an ICT system that enables communication by electronic means, in particular by e-mail;
Price – the “price” is the value expressed in monetary units that the buyer has to pay the seller for the product;
Working days – “Working days” are the days from Monday to Friday, with the exception of public holidays;
Order Form – the “Order Form” shall be understood as a document specifying the most important parameters related to the purchase of products by the Buyer, in particular the number and type of products, the price, the deadline and the method of payment. The order form is available after clicking the “Buy now!” button;
Working hours – “Working hours” means the time from 8:00 a.m. to 3:00 p.m. on working days;
other claims – “other claims” means all monetary payments other than the price that the buyer is obliged to pay to the seller, in particular in the form of shipping costs, costs related to the performance of the contract, damages, contractual penalties, etc.
Consumer – the term “consumer” means a natural person who concludes a contract with the seller that is not directly related to their economic or professional activity;
Shipping costs – “Shipping costs” means the costs incurred by the buyer to deliver the products to the location specified as the place of dispatch;
Buyer – the term “Buyer” means a natural or legal person or an organisational unit with legal capacity that concludes the contract with the Seller and purchases Products;
Place of Disp atch – “Place of Dispatch” means the postal address or collection point specified by the Buyer as the place to which the Products are to be delivered by the Seller;
Product – “Product” means any movable item that the Buyer may acquire from the Seller in the course of the Seller’s business;
Discontinued product – a “discontinued product” is a product for which the buyer has been expressly informed that a certain characteristic of the product deviates from the typical requirements for the fulfilment of the contract, e.g. in terms of completeness, quality, functionality, etc;
Personalised product – a “personalised product” is a product that is created to the buyer’s individual order in accordance with the specifications provided by the buyer;
Product with digital elements (PzEC) – a “product with digital elements” is a product offered by the seller that contains digital content or digital services without which the product cannot function properly. The digital content or digital services may be provided by the seller or a third party;
Entrepreneur with consumer rights(PNPK) – an entrepreneur with consumer rights is an entrepreneur who, on the basis of registration in the Central Register and information on business activity, conducts business activity and wishes to conclude a contract with the seller that is directly related to his business activity, whereby the contract is not of a professional nature for him;
Pre-sale – “Pre-sale” is the process of collecting orders by the seller for products available for sale from a certain date and concluding contracts before the planned date of launch of the products for sale;
Pick-uppoint – a “pick-up point” is a service point operated by a third party, in particular a freight forwarder, where parcels can be handed in for later collection by the recipient;
Shop – “Shop” refers to the seller’s website, which can be reached at the electronic address https://masterhak.com;
Seller – the term “Seller” means MasterHAK Spółka z ograniczoną odpowiedzialnością with its registered office in Wióry, Brzoskwiniowa 2 lok. 1, 62-051 Wiry, entered in the National Court Register under the KRS number: 0001011484, whose registration documents are filed with the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII. Commercial Division of the National Court Register, under NIP number: 7773399634 and REGON number: 524072554, share capital: PLN 50,000;
Parties – “Parties” refers to the seller and the buyer;
Digital content – “digital content” refers to data that is produced and provided in digital form;
Contract – “Contract” means a sales contract concluded between the Seller and the Buyer, the content of which depends on the type and number of products, the agreed price, the terms of payment, the method of dispatch, etc., or a contract for the provision of services within the Shop;
Services – “services” refers to digital services or electronic services;
Digital services – “Digital services” are services that enable the buyer to:

– the generation, processing, storage or access to data in digital form;

– the sharing of digital data uploaded or created by the buyer or other users of the digital service;

– other forms of interaction through digital data;

Electronic services – “Electronic services” are all electronic services that the seller makes available to the buyer via the shop.

§ 3.

Explanations

The buyer declares that:

has carefully read the description of the product and all information provided by the seller about the product, in particular the rules for the sale of personalised products;
has sufficient knowledge of the characteristics and intended use of the products offered by the seller;
its economic and financial situation is stable and enables it to fulfil its financial obligations to the seller under the contract in good time.

[CHAPTER II: CONCLUSION OF CONTRACT. ELECTRONIC SERVICES].

§ 4.

General provisions of the agreement

The Buyer is obliged to familiarise himself with the Seller’s information about the Services, the Products, including the descriptions of the Products, the specification of the Products and the provisions of the General Terms and Conditions before concluding the Agreement. If the Buyer concludes the Contract, the Seller is entitled to assume that the Buyer has fulfilled the above requirements.
Each Buyer shall be given the opportunity, free of charge, to familiarise himself with the content of the Regulations in such a way that its content can be recorded, reproduced and stored with the aid of the ICT system used by the Buyer or by other means.
The buyer is bound by the provisions of the terms and conditions if they have been made available to him in the manner described in paragraph 2.
Any information about the products contained on the Seller’s website, in particular in the shop, or disseminated via other communication channels (e.g. social networks) does not constitute an offer within the meaning of the relevant provisions of the Civil Code.
If the Buyer is an entrepreneur carrying out a business activity on the basis of the Central Business Register and information, and at the same time the contract to be concluded is not of a professional nature for him, he is obliged to declare (by including the relevant information in the notes to the order) that he is entitled to the PNPK status when concluding the contract.
If the Buyer is in default with the fulfilment of its obligations towards the Seller under the contracts it has previously concluded with the Seller, the Seller may refuse to conclude a new contract with the Buyer until the Buyer has fulfilled all outstanding obligations, in particular the payment of the price and other amounts due. This reservation does not apply to buyers who have the status of consumers.
For the avoidance of doubt, the seller points out that:
1. Contracts relating to the sale of products and concluded with consumers or PNPK are contracts that oblige the transfer of ownership of the product and to which the provisions of Chapter 5a of the Consumer Rights Act of 30 May 2014 apply;
2. Contracts relating to the sale of PzEC and concluded with consumers or PNPK are contracts that oblige to transfer ownership of the product, to which the provisions of Chapter 5a apply and the provisions of Chapter 5b of the Act of 30 May 2014 on Consumer Rights do not apply;
3. Contracts relating to electronic services and concluded with consumers or PNPK may (but need not) be contracts for the provision of digital content or a digital service to which the provisions of Chapter 5b of the Act of 30 May 2014 on Consumer Rights apply.

§ 5.

services

The seller offers the buyer services via the shop. It is not necessary for the buyer’s computer or other device to fulfil certain technical requirements in order to use the shop. These are sufficient:
1. Internet access,
2. Standard operating system,
3. Standard web browser,
4. have an active e-mail address.
If it is necessary for the use of the product or the PzEC to fulfil technical conditions other than those referred to in paragraph 1, the seller shall inform the buyer of this before the order is placed, e.g. by including the technical requirements in the description of the product or the PzEC.
The basic service offered by the seller to the buyer is to give the buyer the opportunity to submit an order form in the shop, which leads to the conclusion of a contract with the seller.
If the buyer decides to create an account in the shop, the seller also offers the buyer the service of creating and maintaining a user account in the shop. The user account stores the buyer’s data and the history of orders placed by the buyer in the shop. The buyer logs into his user account with his e-mail address and the password he has set. The buyer is obliged to protect access to his user account from unauthorised access and is also obliged not to make his login and password accessible to third parties.
The services are provided to the buyer free of charge. However, contracts for the sale of products concluded via the shop are subject to a charge.
It is prohibited to transmit unlawful content when using the shop, in particular by using the forms available in the shop.
If the buyer decides to subscribe to the newsletter, the seller provides the buyer with a service consisting of sending the buyer e-mails with information about news, promotions, products or services of the seller. Subscription to the newsletter takes place by completing and sending the newsletter registration form. The buyer can unsubscribe from the newsletter at any time by clicking on the “Unsubscribe” button visible in each message sent as part of the newsletter or by sending a request to the seller.
The Seller is authorised to refuse to conclude a contract for the Services (e.g. to set up a user account) and to suspend the provision of the Services if the Buyer breaches the General Terms and Conditions – under the conditions described in the General Terms and Conditions.
In order to ensure the security of the Buyer and data transmission in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
The seller shall take measures to ensure the proper functioning of the shop. The buyer must inform the seller of any irregularities or interruptions in the operation of the shop.
As the shop is an ICT system managed by the seller, the seller can carry out technical and IT work to develop the shop and provide services at the highest possible level.
As part of the development of the shop, the seller can in particular:
1. add new functionalities and change or delete existing functionalities in the shop;
2. launch the shop on a different type of device, e.g. on mobile devices;
3. provide a store-related application.
If the actions of the Seller referred to in Section 12 do not materially affect the rights and obligations of the Buyer, these actions do not require an amendment to the General Terms and Conditions.
If the seller decides to make the mobile application available to buyers, the rules for using the application will be set out in a separate mobile application policy.

[CHAPTER III: PROCUREMENT AND CONTRACT FULFILMENT]

§ 6.

Place an order for a product

To purchase the product, it is necessary that you:
1. Click on the “Buy now!” button;
2. filling in the order form with the required data and information, e.g. details of the buyer, place of dispatch, method of payment, etc., in accordance with the instructions on the order form;
3. accept the General Terms and Conditions and confirm that you have read the Privacy Policy by ticking the relevant box;
4. approve the order form in full and send it to the seller.
For products that are outlet products, an additional condition for the order is to tick the box indicating that the buyer agrees to purchase an outlet product.
The order form submitted by the Buyer in the manner described in Section 1 constitutes the Buyer’s offer for the selected Product, which the Buyer submits to the Seller. The Seller shall confirm receipt of the order form by sending an automatically generated e-mail message to the electronic address provided by the Buyer.
After receipt of the order form referred to in paragraph 3, the seller must deliver within 3 (in words: three) days at the latest:
1. accepts the buyer’s offer by accepting the order for fulfilment, or
2. refuses to accept the Buyer’s offer by sending information about the impossibility of processing the order (e.g. by informing about the lack of availability of the products, etc.).
In the case referred to in paragraph 4 a, a contract is concluded with the delivery of the seller’s declaration of acceptance of the order to the buyer, while in the case referred to in paragraph 4 b, no contract is concluded.
The Seller’s confirmation that it is executing the order placed (e.g. by notifying the Buyer that the order has been forwarded for processing, changing the order status in the system) is tantamount to a declaration of acceptance of the Buyer’s offer.
If the buyer has placed an order before the stock in the shop has been updated and it turns out after the stock update that the product to which the order related is no longer available, the seller can:
inform the buyer that the order cannot be processed and the contract cannot be concluded; in this case, the contract will not be concluded;
offer the buyer another product with similar parameters to the unavailable product – in such a case, a contract is concluded for the similar product;
offer to deliver the product to the buyer at a later date – in this case the contract is concluded, but its fulfilment takes place at a time individually agreed between the parties.
Once a contract has been concluded via the Shop, the Seller shall perform the contract immediately, with the proviso that the Seller may withhold fulfilment in the cases specified in the General Terms and Conditions, in particular if the Buyer is obliged to take certain actions, e.g. in the case of an advance payment.

§ 7.

Order personalised products

The seller offers buyers the opportunity to purchase personalised products, but this only applies to products that are clearly labelled as personalised products (e.g. camper hooks). Accordingly, not every product available in the shop is a personalised product and not every product can be tailored to the individual needs of the buyer.
If the buyer wishes to purchase a personalised product, they must send the seller an e-mail to the e-mail address they have provided, stating which personalised product they are interested in.
Upon receipt of the message referred to in section 2, the Seller shall send the Buyer a request for data and information on which the conclusion of the contract for the personalised product depends. In particular, the buyer must provide technical data, photos, etc. at the seller’s request. (Example: If the buyer wants to order a hook for a motorhome, he should provide the seller with photos showing the attachment and the length of the rear overhang in the motorhome).
After checking the data and information provided by the Buyer (e.g. in the form of photos), the Seller shall inform the Buyer within 3 (in words: three) days of receipt of the complete information at the latest whether it is able to deliver the personalised product, and if so, at what price and on what date. If the buyer accepts the conditions proposed by the seller, the contract is concluded upon delivery of the e-mail containing the acceptance to the seller; if the buyer does not accept the conditions proposed by the seller, the contract is not concluded.

§ 8.

Advance booking

The seller can organise a pre-sale for certain product types, but does not have to.
Products included in the pre-order are clearly labelled in the shop as products available for pre-order. On the page of such a product, the seller indicates the date from which the product is expected to be available and the date from which the products are expected to be dispatched.
The Seller reserves the right to change the deadline referred to in paragraph 2, in particular due to delays in the delivery of the materials required for the manufacture of the products by the suppliers. The Seller shall inform the Buyers of any change to the deadlines in connection with the pre-sale by posting a notice in the shop and by sending an e-mail to the address provided by the Buyer.
The provisions of Section 6 (2-6) apply accordingly to the conclusion of advance sale contracts.
If it is not possible to sell the product on the terms agreed in the pre-sale (e.g. if the suppliers do not deliver the appropriate quantity or type of materials, if the prices of materials increase, etc.), the seller must inform the buyer of these circumstances.
If a Buyer who is a consumer or PNPK does not agree to an extension of the delivery date of the Product or a change in the terms of sale for the Product, the Buyer may cancel the purchase of the Product and the Seller shall refund to the Buyer all payments made under the pre-sale.

§ 9.

Sale of products

On the basis of the contract, the seller disposes of the product specified in the order form and the buyer acquires it at the specified price in accordance with the general terms and conditions. In addition, the seller undertakes to deliver the product and the buyer undertakes to take delivery of it.
(2. Disposal of a product within the meaning of paragraph 1 shall include the disposal of the product together with its components and attachments, where the product contains components or attachments.
The Seller undertakes to provide the Buyer with all descriptions, instructions for use and other documents that have been attached to the product by the manufacturer as documentation for the product. The instructions for use and other documents may also be included on the website as part of the product description, and this provision of documentation shall be deemed to be the provision of the required documentation to the Buyer.
Ownership of the product is transferred to the buyer as soon as the buyer has paid the price in full and all other costs that can be charged to the buyer have been settled, and as soon as the buyer has taken delivery of the products either personally or through a carrier. These two conditions must be fulfilled together.

§ 10.

Release and collection of products

The Seller shall release the Product indicated on the order form within the period indicated on the Shop’s website or directly by the Seller – subject to paragraph 2. In the case of pre-sales, the Products shall be released within the period indicated by the Seller in accordance with § 8.
Where:
1. The Seller does not have the Products in stock in the quantity or type specified in the Order Form – the Seller shall inform the Buyer of the expected date of delivery of the Product to the Buyer as soon as it receives this information. If the Consumer or PNPK does not accept the change of date, the Consumer or PNPK may cancel the purchase of the Product and the Seller shall refund all payments;
2. The parties have agreed an individual date for the release of the product, in particular the personalised product – the seller is obliged to release the product within the date agreed with the buyer.
If the Buyer is obliged to pay the price (or an advance on the price) or other costs to be borne by him, such as shipping costs, before delivery of the product, the Seller is entitled to withhold fulfilment of the contract until the Buyer has paid all amounts due.
The product is released by:
direct delivery to the buyer or to a person nominated by the buyer (personal collection) or
Delivery by a forwarding agent (courier service).
In the case referred to in paragraph 4a, the buyer is obliged to contact the seller at least 1 (i.e. one) day before the planned collection date in order to determine the exact date and time of collection by the buyer or a person authorised by the buyer.
In the case of delivery by courier service, the Seller shall inform the Buyer that the Product has been prepared for dispatch and the consignment has been handed over to the carrier. The exact date and time of delivery of the Product shall be determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of delivery. If the carrier offers such a function, the seller shall provide the buyer with the data necessary for monitoring the transport of the product, in particular a link to the carrier’s website or the carrier’s application.
In the event of special circumstances that were not foreseeable at the time the delivery date was agreed (e.g. difficult weather conditions, acts or omissions of third parties), the deadlines specified in Section 6 may be extended by the duration of the obstacle to delivery. This reservation shall not apply to consumers and PNPK.
If the Buyer refuses to collect the product, the Seller shall be entitled to deliver it to the place of dispatch specified by the Buyer at the Buyer’s expense and risk.
In the event of non-collection of the product or the Buyer’s refusal to collect the product and return it to the Seller, the Buyer is obliged to compensate the Seller for the damage incurred by the Seller due to non-collection of the product, e.g. in the form of shipping costs borne by the Seller.
The buyer’s failure or refusal to collect the product shall in no way affect the seller’s right to receive the price in full.
The Buyer is obliged to inspect the shipment in the usual time and manner for shipments of this type. If the Buyer has established that the products have suffered loss or damage during transport, he is obliged to take all necessary measures to establish the carrier’s liability, e.g. by drawing up a damage report (Article 545 § 2 of the Civil Code).
If the object of sale is delivered by the Seller to the Buyer in parts (e.g. due to the availability of the products on different dates, etc.), the provisions of this paragraph shall apply separately to each part.

§ 11.

Product returns

The rules for the return of products by Buyers who are consumers or PNPK are set out in § 26. In accordance with these rules, the buyer is obliged:
1. can return any product that is not a personalised product within 14 days without giving a reason;
2. cannot return a personalised product as it is a custom-made product that has been manufactured according to the individual needs of the buyer.
Buyers who are neither consumers nor PNPK cannot return any products without giving a reason – neither personalised products nor standard products.
In the case of products that cannot be returned, in particular personalised products, the seller may agree to accept the return of such a product, but is not obliged to do so. If the seller agrees to accept a product that cannot be returned, the seller is entitled to retain 20% (in words: twenty percent) of the price originally paid to compensate for the loss in value of this product and to cover the costs of manufacturing the personalised product at the buyer’s request.
In the case referred to in paragraph 3, the Buyer is obliged to return the Product at his own expense and risk to the place indicated by the Seller. The seller must refund the remaining part of the price within 14 days from the date of the seller’s agreement to return the product, although the seller may withhold the refund until receipt of the product or proof of dispatch. For this refund, we will use the same means of payment that the buyer used in the original transaction, unless expressly agreed otherwise with the buyer.

[CHAPTER IV: PRICE AND OTHER SALES CLAIMS].

§ 12.

Price and other costs

The buyer must pay the seller the agreed price for the product in the amount specified by the seller.
The Seller is entitled to grant the Buyer discounts, reductions or other benefits in relation to the price at its own discretion, in particular as part of an organised promotion. The Buyer is not entitled to claim discounts, reductions or other benefits that do not result from a promotion.
When a price reduction is announced for a product, in addition to the information on the reduced price, the seller must also provide information on the lowest price for that product that was valid during the 30-day period before the price reduction was introduced. If a particular product has been offered for sale for a period shorter than 30 days, the seller must, in addition to the information on the reduced price, also provide information on the lowest price of that product that applied during the period between the start of the offer to sell that product and the date of the introduction of the reduction.
If, between the conclusion of the contract and the delivery of the product to the buyer, a circumstance arises over which the seller has no control and which affects the increase in the price, e.g. in the form of price increases by suppliers, the seller will inform the buyer immediately. Upon receipt of the notification:
1. The buyer may agree to a price increase, in which case he shall be obliged to pay the price in the amount of the increase, or
2. The buyer may refuse to agree to the price increase and withdraw from the contract as a whole (if the contract has not been fulfilled, even partially) or from the unfulfilled part of the contract (if the contract has already been partially fulfilled).
In the event of delivery by courier, the Seller shall notify the Buyer of the shipping costs via the carrier and the Buyer shall pay such shipping costs for delivery of the Product, subject to the provisions of Section 6.
The seller is entitled, at his own discretion, to assume the buyer’s obligation to pay the shipping costs, e.g. through individual agreements with the buyer, an organised advertising campaign or the placement of a notice in the shop that the shipping costs will be paid by the seller for the purchase of products above a certain amount.
Insofar as this results from mandatory statutory provisions, the Seller shall add value added tax – at the applicable rate – to the price and other charges.

§ 13.

Payment of the price and other costs

The seller informs the buyer about the available payment options, in particular by displaying them in the shop.
The buyer may make payments in particular by:
1. by bank transfer to the bank account specified by the seller;
2. the use of the so-called fast payment option – via the ICT systems of external payment service providers.
In the event that a particular payment method is not available, e.g. due to a failure of the IT systems, the buyer is obliged to choose another payment method. The unavailability of a particular payment method does not release the buyer from his obligation to make the payment on the agreed date.
Payment of the price and all other charges payable by the Buyer shall normally be made before delivery of the Product by the Seller, unless the Seller agrees to payment after delivery of the Product (cash on delivery sale).
The Seller is entitled to demand advance payment of the price from the Buyer, in particular if the contract concerns products of significant value or personalised products or if the performance of the contract requires the prior purchase of materials from suppliers. The advance payment is due no later than 7 (in words: seven) days after the date on which the Seller has informed the Buyer of the need for an advance payment.
Payment of the price and all other amounts payable by the Buyer shall be made on the basis of an invoice document issued by the Seller, in particular a VAT invoice.
The buyer authorises the seller to issue accounting documents, in particular invoices with VAT shown, without the buyer’s signature.
The buyer agrees to receive the accounting documents, in particular the VAT invoices, in electronic form at the e-mail address provided.
The date of payment shall be the date on which the seller’s bank account is credited.
If the Buyer fails to meet the deadline for payment of the price and other amounts due, the Seller shall be entitled to charge interest in accordance with the applicable statutory provisions.
The Buyer shall not be entitled to set off claims to which it is entitled against the Seller against claims of the Seller against the Buyer for the price or other claims. This reservation does not apply to consumers or PNPK.

[CHAPTER V: OTHER REGULATIONS].

§ 14.

Rights and obligations of the contracting parties in connection with the sale

In connection with the implementation of the Agreement, the Parties undertake in particular to
1. and to exercise due diligence in the fulfilment of their obligations under the Agreement;
2. amicable clarification of doubts and settlement of any disputes.
The seller’s obligations in connection with the fulfilment of the contract include in particular
1. the delivery of the product in the agreed quantity and quality;
2. provide the buyer with all instructions, information and documentation about the product that are necessary for its proper use;
3. Handing over the warranty card to the buyer, provided it is enclosed with the product;
4. the technical support of the buyer in concluding the contract (to a reasonable extent).
The Buyer may not transfer any rights and obligations arising from the contract to a third party without the Seller’s written consent – not even by assigning claims to a third party. This reservation does not apply to consumers and PNPK.

§ 15.

Intellectual property rights

The Shop and all materials available in the Shop, in particular the source code, texts, layout, graphics, icons, images, photos, logos, videos, audios, databases, etc., as well as all other content posted by the Seller may constitute protected intangible property, hereinafter referred to as “Intangible Property”. – and are protected under applicable intellectual property laws. The Buyer undertakes not to infringe the intellectual property rights relating to these intangible assets throughout the term of the contract and after its termination, under penalty of legal liability under the relevant laws.
On the basis of the General Terms and Conditions, the Seller grants the Buyer a non-exclusive licence to use the tangible goods to the extent necessary for the proper use of the shop.
The licence referred to in paragraph 2 is granted for the duration of the use of the shop in the territory in which the buyer has his registered office, place of business or residence.
The purchaser may not grant any further licences (sub-licences) to third parties.
The buyer may not transfer the rights arising from the licence granted to third parties without the written consent of the seller.
Subject to the provisions on authorised use, the Buyer is strictly prohibited from doing so without the Seller’s consent:
1. the permanent or temporary duplication (reproduction) of intangible property, in whole or in part, by any means and in any form;
2. additions, changes to sources and changes to the structure of intangible assets;
3. the use of the Intellectual Property and parts, fragments or versions thereof in another software or work;
4. to develop software similar to the store;
5. Reproduction, decompilation, disassembly and all other activities that result in the source code being obtained in violation of applicable laws;
6. to resell, distribute, lend, lease or rent the tangible assets, their copies, modifications and documentation, or to transfer them to third parties against payment or free of charge;
7. use the tangible goods in any business or professional activity, in particular in competition with the seller’s activity;
8. to dispose of rights to intangible assets in favour of third parties.
The licence is granted when the buyer accesses the intangible goods required for the use of the shop. The licence expires when the use of the shop is terminated, irrespective of the manner in which this occurs.
The Operator reserves the right to secure the intangible goods against unauthorised actions by the Buyer, e.g. by marking copies of the intangible goods with unique codes or the Buyer’s data.
The buyer undertakes to respect the intellectual property rights of third parties.
If there is any doubt regarding the intellectual property rights and the scope of the licence granted, the Buyer should contact the Seller immediately. If the Buyer intends to use the intangible goods in any way in the course of its business or professional activity (e.g. for the purpose of reselling the products), it is obliged to obtain a licence from the Seller in return for payment on the terms set out in the Seller’s internal licensing policy.

§ 16.

Advertising and sales promotion purposes of the seller

During the term of the contract and after its termination, the seller is authorised, irrespective of the manner in which this occurs, to use the goods for advertising and promotional purposes in connection with its business:
1. the use, belonging to the Buyer, of the name, website address, non-trademarked logo, trademarks registered or to be registered in the future with the Patent Office of the Republic of Poland, the European Union Intellectual Property Office in Alicante or any other foreign office in whose jurisdiction the registration of trademarks falls, in favour of the Buyer;
2. the use of references given to the seller by the buyer.
The advertising and promotional purposes referred to in paragraph 1 primarily include the publication of information about buyers of products on the buyer’s website, e.g. under the “Our Customers” tab (or a similarly named tab), as well as the publication of references provided to the seller by buyers.
In connection with paragraphs 1-2, Buyer hereby consents to the use of its name, website address, non-trademarked logos and trademarks in all of Seller’s advertising and promotional channels, including in printed materials, on Seller’s website or social media, in such areas as are necessary to achieve advertising and promotional purposes.
The provision of references by the buyer to the seller is subject to individual agreements between the parties, in particular with regard to the content of the reference and the name of the person providing the reference.
If the buyer issues a notice to the seller requiring the use of a work supplied by the buyer, the seller shall be entitled to use this work – in the areas of utilisation required for advertising purposes.

§ 17.

Statements

The seller may give buyers the opportunity to publish opinions about the shop, the seller or the products – within the shop or in external shops belonging to third parties. In such a case, the provisions of this paragraph apply to the publication of opinions.
The submission of a statement is possible after the use of the shop, in particular after the conclusion of a contract, and the submission of a statement is possible at any time.
The buyer should express his opinion in a fair, honest and factual manner, as far as possible using correct language and without using vulgarisms or other words that are generally considered offensive.
The publication of opinions is prohibited:
1. without prior use of the shop;
2. for products that the buyer has not used or purchased;
3. fulfil the characteristics of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on Combating Unfair Competition;
4. that violate the personal rights of the seller or a third party;
5. by paying users, in particular to artificially increase or decrease the rating of the product.
The seller can check at any time whether the opinions posted comply with these conditions and in particular whether they originate from buyers who have actually used or purchased the product. If the buyer has doubts about the opinions posted, he may also submit an opinion to the seller for verification. Upon receipt of a notification from the Buyer, the Seller shall take the appropriate measures to verify the published opinion.
If an opinion is posted that does not meet the requirements set out in these terms and conditions, the seller may refuse to publish the opinion or remove it.

§ 18.

Personal data

Information on the processing of personal data of Buyers who are natural persons and of persons with whose help the Buyer executes the contract (e.g. contact persons) is set out in a separate document entitled. “Privacy Policy”, which the Seller makes available to the Buyer at https://www.masterhak.com/pl/polityka-prywatnosci.
The Buyer undertakes to make the document referred to in paragraph 1 available to its employees, contractors and other persons employed by it if it provides the Seller with their personal data for the purpose of fulfilling the contract (e.g. for the purpose of establishing contact between the parties).
When using the personal data of third parties for the fulfilment of the contract, the buyer is obliged to ensure that the use of this data is in accordance with the law and, in particular, that the persons to whom the data belongs are properly informed about its use.
If the buyer uses personal data of third parties, the seller can assume that the use of this personal data is lawful.
Where:
1. The purchaser does not properly fulfil the obligations specified in paragraph 2;
2. The acquirer unlawfully uses personal data belonging to third parties,
and the seller is held liable for this reason (under civil law, administrative law), the buyer may be obliged to compensate the seller for the damage incurred, in particular by reimbursing the proven costs, including fines.

[CHAPTER VI: PRINCIPLES OF LIABILITY]

§ 19.

Warranty for defects and liability for the conformity of the product with the contract

The warranty provided for in the provisions of the Civil Code for defects in the products is excluded in the case of purchase contracts concluded by buyers other than the consumer or PNPK.
The buyer is entitled to a guarantee provided by the seller (in the case of products manufactured by the seller) or by the manufacturer (in the case of products manufactured by a third party) as guarantor in relation to the product in question. The types of warranty, the period for which it is granted and the rights to which the buyer is entitled under the warranty are set out in the warranty card attached to the product. The terms and conditions of the warranty granted by the seller as manufacturer are attached to the General Terms and Conditions as Appendix 1.
Contracts for the sale of goods concluded by the consumer or PNPK shall be governed by the provisions of the Consumer Rights Act on liability for the conformity of the product with the contract, taking into account the provisions of the General Terms and Conditions. If the electronic services provided by the Seller are also digital services, the Seller shall be liable for the conformity of the digital services with the contract in accordance with the provisions of Chapter 5b of the Consumer Rights Act.
The Seller shall be liable to the Consumer or PNPK for the conformity of the Product with the Contract. The conformity of the product with the contract shall be assessed in accordance with the provisions of the Consumer Rights Act.
The seller shall be liable for any lack of conformity of the product existing at the time of delivery and discovered within two years of that time, unless:
1. the shelf life of the product specified by the seller, its legal predecessors or persons acting on their behalf is longer;
2. The contract relates to an outlet product where the buyer has expressly agreed to purchase the outlet product.
In the case of PzEC, the Provider shall be liable for the non-conformity of the continuously delivered Digital Content or Digital Services that occurred or became recognisable at the time at which they were to be delivered in accordance with the contract, but for at least two years after delivery of the PzEC.

§ 20.

Replacement or repair of a non-conforming product

If the product is not in conformity with the contract, the consumer or PNPK may request the repair or replacement of the product.
The seller can:
1. make a replacement if the consumer or PNPK requests a repair, or
2. to carry out repairs if the consumer or the PPC requests a replacement, if the restoration of the conformity of the product with the contract in the manner chosen by the consumer or the PPC is impossible or would involve excessive costs for the seller.
If repair and replacement are impossible or would cause disproportionately high costs for the seller, the seller may refuse to replace or repair the product in order to bring it into conformity with the contract.
The consumer or PNPK shall make the product to be repaired or replaced available to the Seller and the Seller shall collect it at its own expense. The costs of the repair or replacement, in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
The Seller shall repair or replace the goods within a reasonable period, not exceeding 21 days, from the date on which the Seller was informed by the Consumer or the TP of the non-compliance of the goods with the contract and without unreasonable inconvenience to the Consumer or the TP, taking into account the specific nature of the product and the purpose for which the Consumer or the TP purchased it.

§ 21.

Reduction of the price or cancellation of the contract in the event of a product not conforming to the contract

If the product does not comply with the contract, the consumer or PNPK may submit a declaration to reduce the price or withdraw from the contract if:
1. The seller has refused to repair or replace the product in accordance with § 20 (3);
2. The seller has failed to bring the product into conformity with the contract;
3. the non-conformity of the product persists even if the seller has attempted to bring the product into conformity with the contract;
4. the non-conformity of the product is so significant that it justifies a reduction in the price or cancellation of the contract without the measures specified in § 20 (1) having been taken beforehand;
5. it is clear from the seller’s statement or the circumstances that he will not bring the product into conformity with the contract within a reasonable time or without unreasonable inconvenience to the consumer or the PIU.
The reduced price must be in such a proportion to the contract price that the value of the non-conforming product is in proportion to the value of the conforming product.
The Seller shall reimburse the amounts owed to the Consumer or PNPK as a result of the exercise of the right to a price reduction without undue delay, but no later than 14 days after receipt of the Consumer’s or PNPK’s declaration of the price reduction.
The consumer or PNPK may not withdraw from the contract if the lack of conformity of the product is insignificant. It is assumed that the lack of conformity of the product is material.
If the lack of conformity concerns only certain products delivered under the contract, the consumer or the TP may withdraw from the contract only in respect of those products and also in respect of other products purchased by the consumer or the TP together with the non-conforming products, if the consumer or the TP cannot reasonably be expected to keep only the non-conforming products.
In the event of cancellation of the contract, the consumer or PNPK must return the product to the seller immediately at the seller’s expense. The Seller shall refund the price to the Consumer or the PNPK without undue delay, but at the latest within 14 days of receipt of the product or proof of its return.
The Seller shall reimburse the price using the same payment method used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to another method of reimbursement that does not incur any costs for the Consumer or PNPK.

§ 22.

Responsibility of the parties

The buyer shall be liable to the seller for non-performance or improper performance of the contract, in particular for
1. failure to pay the price and other amounts owed to the seller on time;
2. unreasonable refusal or delay in accepting the product;
3. failure to cooperate or insufficient cooperation in the conclusion or fulfilment of the contract;
4. Infringement of intellectual property rights of the seller or a third party.
In the event of damage incurred by the Seller as actual damage or loss of profit within the meaning of Article 361 of the Civil Code as a result of non-performance or improper performance of the contract by the Buyer, the Seller shall be entitled to claim from the Buyer, in particular, reimbursement of all proven costs incurred by the Seller in connection with the act or omission of the Buyer or the person referred to in paragraph 1, in particular the costs of legal advice, IT services and transport services.
Subject to the limitations of liability provided for in the other provisions of the General Terms and Conditions, the Seller shall not be liable for:
1. malfunction of the Services or parts thereof for reasons attributable to the Buyer or a third party, e.g. non-compliance of the equipment with the technical requirements, failure to secure the Buyer’s computer or inadequate protection, viruses, etc;
2. Impossibility of fulfilment of a pre-sale contract for reasons for which the seller is not responsible;
3. the unsuitability of the products for the purposes intended by the buyer, in particular the personalised product;
4. the consequences of incorrect information provided by the buyer during the manufacture of the personalised product;
5. the consequences of the use of the products by the buyer or by third parties;
6. the consequences of unauthorised tampering with the products by the buyer or third parties;
7. Damage and destruction resulting from misuse of the products by the buyer;
8. Damages resulting from the delay in acceptance of the products;
9. the acts and omissions of the carrier delivering the products;
10. Loss, damage or destruction of the consignment containing the products – if the consignment is lost, damaged or destroyed during transport, the carrier is solely responsible;
11. Damages resulting from the non-fulfilment of the contract by the seller for reasons for which the buyer is responsible;
12. the consequences of non-compliance with the provisions of the General Terms and Conditions by the Buyer;
13. the provision of incomplete, untrue or inaccurate data, including VAT invoice details and contact details;
14. the effects of force majeure;
15. Cancellation or withdrawal from the contract for reasons for which the buyer is responsible.
The seller is not liable for damages in the form of loss of profit within the meaning of Article 361 of the Civil Code.
The seller’s total liability for non-fulfilment or defective fulfilment of the contract is limited to intentional damage. The seller shall not be liable for damages caused by wilful intent or gross negligence.
If the seller cancels the contract for reasons for which the buyer is responsible, the buyer shall not be entitled to any claims for damages against the seller.
The limitations and exclusions of liability provided for in these terms and conditions do not apply to damages for which liability cannot be excluded or limited in accordance with mandatory statutory provisions.
The provisions on the exclusion or limitation of the seller’s liability for non-performance or improper performance of the contract do not apply to buyers who have the status of consumers. The question of the seller’s liability towards consumers is governed by the relevant provisions of civil law and consumer law.

§ 23.

Force majeure

The parties are exempt from liability for non-performance or improper performance of the contract if the fulfilment of the contract was impaired by force majeure.
The Parties agree that force majeure means a sudden, external, unforeseeable event beyond the control of the Parties, which prevents the permanent or temporary implementation of the provisions of the Agreement or any part thereof and which cannot be prevented or counteracted with due diligence, in particular
1. Natural disasters, e.g. fires, floods, droughts, earthquakes, hurricanes, etc;
2. local and national strikes;
3. Prolonged interruption of the power supply;
4. Acts of state authority, e.g. martial law, state of emergency;
5. Warfare, acts of sabotage and terrorism;
6. Blockades and embargoes regardless of their legal status;
7. Epidemics.
In the event of force majeure, the affected contracting party shall inform the other contracting party in writing without delay, but at the latest within 7 (in words: seven) days of the occurrence of the force majeure, of the occurrence of the force majeure and the expected consequences for the fulfilment of the contract and, if possible, provide clear evidence of the occurrence of the force majeure.
The Parties shall agree without delay, but no later than 14 (in words: fourteen) days after receipt of the information referred to in paragraph 3, on how to proceed with the implementation of the Agreement.

[CHAPTER VII: RETREAT].

§ 24.

Withdrawal from the agreement

The seller has the right to withdraw from the contract with immediate effect for reasons for which the buyer is responsible, after prior request to refrain from breaches of contract and unsuccessful expiry of the deadline for remedying the breaches of contract, if:
1. the Buyer’s delay in providing the co-operation required for the proper performance of the contract, which exceeds 14 (in words: fourteen) days;
2. the Buyer’s delay in payment of the price and other amounts due exceeds 14 (in words: fourteen) days from the last day of the due date;
3. the performance of acts in connection with the conclusion and fulfilment of the contract by a person who is not authorised to act for and on behalf of the buyer;
4. the buyer’s refusal to accept the product at the agreed place and time;
5. a delay in acceptance of the product by the buyer of more than 14 (in words: fourteen) days from the last day of the acceptance period;
6. the opening of liquidation, bankruptcy, reorganisation or similar proceedings against the buyer.
The seller may withdraw from the contract without stating reasons within 30 (in words: thirty) days of the conclusion of the contract for reasons for which the buyer is not responsible. This provision does not apply to buyers who have the status of consumers.
The Buyer has the right to withdraw from the contract with immediate effect if the Seller is late with the delivery of the Product by at least 90 (in words: ninety) days from the last day of the period for the delivery of the Product, after having granted the Buyer a grace period for the delivery of the Product, which may not be shorter than 7 (in words: seven) days, and this period has expired ineffectively. This provision does not apply to buyers who have the status of consumers – the general provisions of civil and consumer law apply to these buyers.
The declaration of withdrawal from the agreement must be made in writing and is null and void.

§ 25.

Withdrawal from the contract by the consumer or by PNPK

A consumer or PNPK who has concluded a distance contract with the seller has the right to cancel the contract without giving reasons within 14 days of the conclusion of the contract.
Pursuant to Article 38a in conjunction with Article 38 of the Act on Consumer Rights of 30 May 2014 (i.e. Journal of Laws of 2020, item 287, as amended – hereinafter: u.p.k.), the Buyer who is a consumer or PNPK is not entitled to withdraw from the contract:
1. for the provision of services for which the Buyer is obliged to pay the price, if the Seller has provided the service in full with the express and prior consent of the Buyer, who has been informed before the Seller provides the service that he will lose his right to withdraw from the contract after the Seller has provided the service and has confirmed this;
2. where the object of the service is a personalised product manufactured according to the specifications of the consumer or of PNPK or according to the personal needs of the consumer;
3. for the supply of digital content that is not supplied on a tangible medium and for which the consumer or PNPK is obliged to pay the price, if the seller has commenced performance with the express and prior consent of the buyer, who has been informed before the commencement of performance that he loses his right to withdraw from the contract after the seller has performed the service and confirmed this, and the seller has provided the buyer with the confirmation referred to in Article 21(2) of the Consumer Rights Act.
In order to withdraw from the contract, the consumer or PNPK must inform the seller of their decision to withdraw from the contract by means of an unequivocal statement, e.g. a letter sent by post or an e-mail.
The consumer or PNPK may use the model cancellation form attached as Annex 2, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient for the consumer or the PI to send the information about the exercise of the right of cancellation before the expiry of the cancellation period.
In the event of an effective withdrawal from the contract, the Seller shall return to the consumer or PNPK all payments received from the Buyer without undue delay and at the latest within 14 days from the day on which the Buyer was informed of the exercise of the right to withdraw from the contract. For this repayment, we shall use the same means of payment that the consumer or PNPK used for the original transaction, unless expressly agreed otherwise with the consumer or PNPK.
The Consumer or PNPK shall be liable for any depreciation of the Product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Seller has the right to set off its claim against the Buyer for this reason pursuant to Article 498 et seq. of the Civil Code.

[CHAPTER VIII: COMPLAINTS PROCEDURE AND CONTACT DETAILS].

§ 26.

Complaints procedure

If it transpires that the contract is not being fulfilled in accordance with the provisions of the General Terms and Conditions, the buyer may lodge a complaint.
A complaint can be made in writing, preferably by registered letter, to the address of the seller.
The complaint should contain the following:
1. the name of the complainant;
2. the buyer’s company;
3. Contact details, in particular electronic address or telephone number;
4. a detailed description of the non-compliance of the agreement with the regulations.
Upon receipt of a complaint, the seller shall immediately confirm receipt – by e-mail to the e-mail address provided.
Complaints will be processed within 14 (in words: fourteen) days from the date of the complaint.
The response to the complaint shall be delivered to the Buyer in the same form and by the same means as the complaint – unless the Buyer chooses a different form and a different means for the delivery of the response to the complaint.

§ 27.

Out-of-court complaint and appeal proceedings

The consumer has the possibility to make use of out-of-court complaint and redress procedures. Among other things, the consumer has the possibility to:
1. to appeal to a permanent amicable consumer court to settle a dispute arising from the contract,
2. apply to the regional inspector of the Trade Inspection for the initiation of arbitration proceedings for the amicable settlement of the dispute between the buyer and seller,
3. contact the consumer ombudsman of the district (municipality) or a social organisation whose statutory tasks include consumer protection.
Consumers can find more detailed information on out-of-court complaint and redress procedures at http://polubowne.uokik.gov.pl.
Consumers can also use the ODR platform, which can be found at http://ec.europa.eu/consumers/odr . The platform is used to settle disputes between consumers and traders who are seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online purchase or service contract.

§ 28.

Contact details

You can contact the seller in the following ways:
1. by e-mail: kontakt@masterhak.com
2. By telephone: +48 618 138 352
3. by post: ul. Jesionowa 4, 62-022 Rogalin
If a registered letter addressed to a contracting party is not collected, the correspondence addressed to that contracting party shall be deemed to have been actually delivered on the last day on which collection was possible, unless the contracting party proves that timely collection was not possible for reasons for which it is not responsible. This provision does not apply to buyers who have the status of consumers.

§ 29.

Final provisions

The seller reserves the right to make changes to the General Terms and Conditions. Each document published in the shop is labelled with a date from which its provisions are valid.
The buyer will be informed of the planned change to the conditions:
1. through information on the shop’s website or
2. through information published on the user account – if the buyer has a user account or
3. electronically, by e-mail – if the seller has the buyer’s e-mail address.
The amended terms and conditions shall enter into force on the date specified in the notification and shall be brought to the attention of the Buyer with at least one week’s notice.
The amendments to the Terms and Conditions do not apply to purchase agreements concluded before the amendments to the Terms and Conditions enter into force. If the contract is ongoing and is to be performed even after the amendments to the Terms and Conditions enter into force, the Buyer may terminate the contract before the amendments enter into force. Failure to terminate the contract or make a declaration after the amendments come into force shall be deemed as the Buyer’s consent to the continued fulfilment of the contract on the terms and conditions that comply with the new regulations.
In matters not regulated in the Rules of Procedure, the relevant provisions of Polish law shall apply.
Amendments to the agreement between the parties must be made in writing – with the exception of measures for which the parties have expressly stipulated the written form.
If the Rules of Procedure are drawn up in different language versions, the Polish version shall take precedence.
The headings of the wording units (paragraphs) used in the General Terms and Conditions serve to simplify matters for the contracting parties and have no influence on the interpretation of the contract.
Should any provision of the contract be invalid, ineffective or unenforceable in whole or in part, this shall not affect the validity, effectiveness or enforceability of the remaining provisions of the contract. The parties hereby agree to replace such a provision with the corresponding statutory provision.
If disputes arise between the parties regarding the conclusion, interpretation, fulfilment and legal consequences of the contract, the parties shall negotiate in good faith in order to settle the dispute amicably. If the dispute is not settled amicably, the parties shall submit the dispute to the court competent for the seller’s registered office for judgement. This provision does not apply to consumers and PNPK, where the jurisdiction of the court is determined by the general rules.
The regulations apply from 15.04.2023.

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