TERMS AND CONDITIONS

§1 ABOUT HUG&WEAR

1.1 hug&wear (hereinafter referred to as "hug&wear", "we", "us") is accessible via e-commerce website www.hugandwear.com. hug&wear is owned by Malgorzata Chodorowska – Zarębczan who operates business under a legal name of TNDR. TNDR is registered with Central Registration and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej (CEIDG)) operated by the Ministry of Economic Development of the Republic of Poland,

1.2 hug&wear's Registration Number:
NIP: 526-26-43-581,
REGON: 015228059

1.3 hug&Wear's registered office:
Address:
ul. M. Dębskiego 42/6
30-499 Kraków
Poland

§2 ABOUT THESE TERMS AND CONDITIONS

2.1 The following terms and conditions apply to all orders placed by the customer with hug&wear at the hug&wear website, mobile website, or mobile application, or via telephone (jointly referred to as "hugandwear.com").

2.2 Definitions
In these Terms and Conditions:

"CUSTOMER"- (hereinafter referred to as "Customer", "you") means an individual of 18 years or older, who is not under guardianship and who places an order at hugandwear.com.

"SUPPLIER" – means us

"INTERNET STORE" – means our Internet Store accessible at hugandwear.com

"SALES CONTRACT "–means your order of a product or products in accordance with these terms and conditions which we accept in accordance with clause §6 Orders.

TERMS AND CONDITIONS - defines and settles rights and obligations relating to use of hugandwear.com. These terms and conditions are in line with rules defined in art. 8 of the Act of 18th July 2002 on providing services via electronic means (Journal of Laws 2002 No 144, pos. 1204 with later changes).

"ORDER "- means your order that you submitted to us to purchase a product from us

"PURCHASE CONFIMRATION "– means a receipt, n VAT invoice confirming the purchase of a product from us

BUSINESS DAY – means any day other than Saturday or Sunday or public holiday

REGISTRATION FORM – means a form with which you can set-up your individual account with us and which is available at hugandwear.com

ORDER FORM – means an interactive form that you can use to place your order. This form is available at hugandwear.com

ACCOUNT – means your individual account that you can set-up with us. The account is secured with a password and contains information such as: your personal data provided during registration as well as it lists the history of all your transactions with us

SHOPPING CART - is a piece of e-commerce software that allows you to select product(s) for eventual purchase. The shopping cart displays all selected items along with their price and quantity. It also shows you the total payable amount. Items can be added and/or removed from the shopping bag at any time prior to submitting your order.

NEWSLETTER – means a document that contains information about our recent offers and events

PRODUCT – a merchandise offered for sale at our Store

SPECIAL PRODUT– a merchandise offered for sale at our Store that can be tailored to your needs and to which special terms and conditions may apply

SPECIAL OFFER - a product that is offered at reduced price within a certain period of time

E-SERVICE – means a service we provide to you at hugandwear.com

§3 GENERAL TERMS AND CONDITIONS

3.1 How to contact us
You can contact us:
a) Via an e-mail at the following e-mail address: info@hugandwear.com
b) By calling the number: +48691517674. The line is available on business days from 9.00 am to 5 pm

3.2 Circumstances beyond control

3.2.1 We shall not be liable to you for any breach, hindrance or delay in the contract execution when:
(i) situations are beyond our control, including without limitation, natural disaster, accident, mechanical breakdown, any act of God, insurrection, riot, civil, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), arrests, restraints or detainments of any competent authority, insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

3.3 We shall not be liable to you for any breach, hindrance or delay when:
(i) Your device / software is not compatible with our infrastructure

3.4 You understand and agree:
(i) To not distribute, circulate, upload or promote any information that might negatively impact our products, services and hence our business
(ii) To ensure not to use any harmful device / software that might compromise security of hugandwear.com
(iii) To ensure to use a secure connection while interacting with hugandwear.com

3.5 You can visit hug&wear without any prior registration

3.6 You are obliged to use our Store in accordance with its purpose. You shall not take actions that violate law, our copyrights and copyrights of third parties or their personal interests

3.7 E-services comprise:
(i) maintaining customer account
(ii) placing order(s)
(iii) receiving newsletter

3.8 Prior to registration and / or placing an order you are required to read and accept our terms and conditions. Your individual account does not bind you legally to any financial liabilities. You can delete your account at any time via our website or by sending us an e-mail at the following address:

3.9 Special offers are valid only when published on hugandwear.com. We will always notify you about special terms and conditions that may apply to our special offers.

3.10 Our website content – advertisement, news, pricelist and any other information on products - does not enforce a sales contract, it is only an invitation to a sales contract (according to Polish Civil Code, 23rd April 1964, Article 71, Journal Entry, 1964 No. 16, pos. 93 with later amendments)

§4 TECHNICAL REQUIRES

4.1 We do not warrant that hugandwear.com will be compatible with all hardware and software you may use. However, we will do our best to make our Store compatible with all popular Internet browsers and operating systems

4.2 The following are the minimum requirements that will allow you to visit and use our Store:
(i) A computer or any other device able to connect to Internet and which can access and run: Microsoft Internet Explorer 8.0 and higher, and/or Firefox 20, and/or Google Chrome 27, and/or Safari 5.0, and/or Opera 11
(ii) An input device such as a keyboard
(iii) installed Flash Player plugin
(iv) enabled cookies
(v) an active e-mail address

4.3 We shall not be liable for damage caused by viruses or other harmful code, beyond our control, that may affect your computer equipment, software, data or other property as a result of your access to or use of our website. We shall also not be liable for the unlawful actions of third parties.

§5 THE CUSTOMER'S ACCOUNT

5.1 In order to set up your individual account you are requested to complete and submit a Registration Form available at our Store.
The registration is voluntary and free of charge.
You can still visit our Store and place an order without any registration.

5.2 In the process of registration, you are requested:
(i) to disclose some personal data. Without this data, your account cannot be set-up
(ii) to secure your account with a strong password
(iii) to read and accept our terms and conditions
(iv) to agree to have your personal data processed for marketing purpose. Of course, you can opt out of this option at any time and we will always disclose which third parties use your data.
(v) to agree to receive from us information emails (such as newsletters, offers etc). You can opt out of this option at any time

5.3 Once the registration form has been completed and submitted, you will receive to your e-mail address provided during registration an e-mail confirming the completion of registration. Now, you can access your account and you can amend / delete your data / account at any time.

5.4 You are responsible for keeping your personal log-in information secure and confidential

5.5 Your account records and stores information such as your personal data provided by you, history of placed orders, shipment status etc.

5.6 At any time, you can delete your account via huganwear.com or by sending us an e-mail

§6 ORDERS

6.1 We operate in and outside the Republic of Poland.

6.2 You can place an order in our Store 24 hours a day, 7 days a week (24/7)

6.3 You can place an order:
(i) via your individual account by using "Shopping Cart" functionality (this does NOT apply to Special Oder see 6.9 (ii) ) and/or
(ii) by completing an order form available in the Store and/or
(iii) by contacting us via e-mail info@hugandwear.com

6.4 When you submit an order, you confirm that you have read and that you accept terms and conditions current at the date of submitting your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.

6.5 Your order remains valid as an offer until we expressly confirm the acceptance of the order or if earlier, when we receive your notice cancelling your Order

6.6 Only when we accept your order, a contract shall be deemed to be formed and we shall be legally bound to supply the product to you. The acceptance takes place only when you receive an e-mail from us clearly stating that we are accepting your order.

6.7 Orders are accepted for execution on business days from 9 am to 5 pm.

6.8 Orders placed outside the above-mentioned time, will be processed on the consecutive business day

6.9 We have two types of orders: (i) Standard order
(ii) Special order – Individual Product

6.9.1 Standard order You can place a standard order using "Shopping Cart" functionality
You can order all products marked with the status "available".
This kind of products are not customizable unless it is clearly stated otherwise
We will notify you via e-mail, in case the ordered product is not available. In this situation, you can
(i) either cancel the product that is not available
(ii) or cancel your entire order,
(iii) or agree to a new time of delivery

6.9.2. Special Order – Individual Product
You can personalize some of our products. For you, we can add a child's name, date of birth or any other inscription you wish to have. Customizable products are marked with the status "sold" or "available".

To order them you need to:
(i) Complete a form available at hugandear.com in "Contact" section or
(ii) Contact us at our e-mail address info@hugandwear.com.

For Special Order, we require:
(i) A down payment for 50% of the amount of the total order value (excluding delivery fee).
Please be advised that the down payment is NOT- REFUNDABLE.
Please make a wise choice
(ii) a final payment of the remaining balance + delivery fee on completion of the product and prior to its shipment

The payment(s) should be transferred to our bank account as per our details below:
NAME: Małgorzata Chodorowska - Zarębczan TNDR
BANK NAME AND ADRESS: NestBank, ul. Wołoska 24, 02 – 675 Warszawa
IBAN: 69 1870 1045 2078 1017 9078 0001
SORT-CODE: NESBPLPW

We will notify you via e-mail once the down payment has been received and only on receipt of your down payment we will start to process your order.
Once your order is ready, we will request you, via e-mail, to settle the remaining balance and delivery fee.
We will ship out your product(s) only when the payments reflect in our bank account.

6.10 In case any required details of your order are missing, we will notify you via e-mail. You will have 7 days to provide the requested information. We reserve the right to cancel your order in case you do not meet the above-mentioned deadline.

6.11 All products available in our store are new and comply with Legal Requirements.
These products are hand-made and unique; therefore, it is impossible to make 2 identical copies. Nevertheless, be assured that we will do our best to make these products look alike.

§7 PAYMENTS

7.1 All prices are in PLN and EUR and are VAT inclusive.

7.2 The prices do not include delivery fee. The cost of delivery method for international shipment is stated individually and depends on the country and weight of the parcel. Please contact us during the ordering process, via e-mail info@hugandwear.com.

7.3 Delivery fees are listed at huganwear.com in "Delivery Fees" section.

7.4 Final payment consists of: product price x quantity + delivery fee.

7.5 With your order, you will receive a receipt confirming your payment.

7.6 If you require a VAT invoice, please notify us while placing your order and provide the following details:
(i) COMPANY NAME:
(ii) ADRESS:
(iii) NIP:

7.7 To pay for your order, you can choose one of the following payment methods:
(i) Debit / Credit Card
(ii) Online services (PAYU, PAYPAL)
(iii) Electronic transfer to the following bank account:

  • NAME: Małgorzata Chodorowska - Zarębczan TNDR
  • BANK NAME AND ADRESS: NestBank, ul. Wołoska 24, 02 – 675 Warszawa
  • IBAN: 69 1870 1045 2078 1017 9078 0001
  • SORT-CODE: NESBPLPW

7.8 We ship out your order only on receipt of your payment.

7.9 We will notify you in case your payment does not reflect in our bank account within 7 days

§8 DELIVERY

8.1 We will send standard orders within 2 working days.

8.2 Time of delivery of Special Order is discussed and agreed with you prior to order placement

8.3 Our delivery methods for international parcels are:
(i) via courier

8.4 During the check-out process you are requested to specify your delivery method.

8.5 Delivery fee should be paid by you prior to the shipment

8.6 Free shipping applies only to:
(i) Orders which value exceeds 300 PLN and which are to be delivered within territory of the Republic of Poland
(ii) International orders which value exceeds 150 EUR

8.7 Delivery fee may vary and depends on:
(i) Package size
(ii) Package weight
(iii) Package destination

8.8 We will always inform you about the delivery fee that applies to your order.

§9 WITHDRAWAL OF ORDER

The following applies to individual customers:

9.1 In accordance with Polish Civil Law Codex you can cancel your order any time prior to its shipment

9.2 In accordance with Polish Law Codex, you have the right to cancel your sales contract up to 14 days after receipt of the ordered items. You are not required to provide any reason for the cancellation, however, you are required to submit a notice of cancellation. The notice may be submitted to us via post or via e-mail and must be submitted within the above-mentioned 14 days. See template of notice of cancellation available at hugandwear.com.

9.2.1 The above does NOT apply to:
(i) Services provided in full and with your prior agreement and when you were informed in advance that you lose your rights to terminate the agreement
(ii) Services of which charges are conditioned to financial market fluctuations and these fluctuations occur independently from service provider
(iii) Agreements of which subject is a unique, personalized product / service made / rendered according to your specifications to meet your personal needs

9.2.2 If you wish to cancel your sales contract, you are legally bound to return the received items along with the original receipt or a copy of receipt within 14 days after the date of the receipt of the ordered items. You are also obliged to cover any delivery fee. Any returns attempted at our cost will be rejected from our side.

9.2.3 Within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the items, we will provide a refund attempting to use the same method that you used while making a payment to us. Another payment method may be used for the refund, provided that you consent to such change and if in any case this will not generate any additional charges.

9.2.4 Please be advised that in terms of refund of incurred delivery fee, we reserve the right to limit the refund amount up to the cheapest delivery method listed at huganwear.com.

9.2.5 Please be advised that you may be held liable for decrease in value of product you ordered, in case we find that the product:
(i) Has not been used in accordance with its intended purpose or/and our and/or our manufacture's instruction
(ii) Has not been handled with care
(iii) Has been damaged in an accident or in an attempted repair or modification or
(iv) Has deteriorated through normal wear and tear

§10 CLAIMS AND COMPLAINTS

10.1 New products are subject of sales contract

10.2 We promise to deliver all hug&wear's products undamaged

10.3 If there is a defect in the product you have purchased, you have the rights to guarantee / warranty claim and you can:
(i) either demand a repair, if possible, or
(ii) request price reduction or
(iii) request product replacement or
(iv) cancel the sales contract in case the defect is significant and the product cannot be used for its intended purposes

10.4 If the product has defects, please notify us immediately by sending us an e-mail and specify:
(i) how the product is damaged or defective – with reasonable level of details
(ii) the date when the defect has occurred
(iii) what do you expect from us (repair, replacement, contract cancellation, price reduction)

10.5 In case we have any further queries in relation to your complaint, we will contact you immediately.

10.6 You can use the "Complaint" form available at hugandwear.com.

10.7 We are obliged to reply to your complaint within 14 days of receiving of your complaint. Should we fail to meet this deadline, your claim would be considered as valid and it will be deemed that we agree to your terms.

10.8 If a defect arises within 2 years from the date you received our product(s), you can notify us and we will be obliged to reply to your claim.

10.9 If the product you received differs from the product you saw in our Store, please be advise that we may NOT accept your claim in the following situation when:
(i) the difference occurs due to your device and/or screen set-up

10.10 If the product was delivered with a defect, we may also request you to keep the product in its current condition and to make it available for us (or our agent such as courier) to inspect the product within a reasonable time. This will allow us to expedite the claim process.

10.11 To assess the defect / damage we may request you to send us the faulty products, - please do not forget to attach the original receipt or the VAT invoice to your package.

10.11.1 We will not accept your claim in case you have been informed in advance that the product is faulty and you have agreed to purchase it, nevertheless.

§11 OUT-OF-COURT CLAIM RESOLUTION

11.1 We do our best to resolve your claim in an amicable way.

11.2 Should you be not satisfied with our decision regarding your claim, you can get more information at Office of Competition and Consumer Protection (https://uokik.gov.pl/home.php)

11.3 You can also contact local Consumer Advocate and/or non-profit organizations and/or Consumer Ombudsman.

11.4 You can also submit your complaint to the EU's online dispute resolution platform (the "ODR platform").

11.4.1 The ODR platform allows you to make a complaint and have it resolved out-of-court by an independent dispute resolution body.

11.4.2 The platform is free of charge.

11.4.3 Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer's complaint.

11.4.4 The ODR platform is available at http://ec.europa.eu/odr.

11.5 In case we are not able to reach out-of-court agreement, please be advised that any dispute and claim will be governed by Polish law.

§12 DATA PROTECTION

12.1 During your individual account setup, you can consent to have your personal data processed by us in accordance with Data Protection Act - Journal. 1997 No 133, pos. 883)

12.2 We will process your data only to:
(i) execute your order
(ii) provide you with services relating to your individual account
(iii) Inform you about our products and services

12.3 Without your consent, we shall not disclose your data for marketing purpose to any third party

12.4 You can access your data at any time.

12.5 You can verify, amend or delete your data at any time.

12.6 For more details regarding data protection, please see our Privacy Policy section at hugandwear.com.

§13 INTELLECTUAL PROPERTY RIGHTS

13.1 All intellectual property rights, such as trademarks and copyrights at hugandwear.com remain with Małgorzata Chodorowska-Zarębczan TRN.

13.2 Hugandwear.com or its contents, including text, images, photos, graphics, videos, sounds, illustrations and software are our property or the property of affiliated third parties

13.3 Any use, including copying or storing such content in whole or part is prohibited without our prior written permission or the permission of the affiliated third parties.

13.4 Infringements may be subject to legal action.

§14 FINAL PROVISIONS

14.1 It may happen that hugandwear.com can be inactive due to technical maintenance. However, we promise to try hard to carry out such work outside our usual business hours.

14.2 We reserve the right to change our terms and conditions.

14.2.1.The changes are effective on the date specified by us, however, not earlier than 7 days after the changes have been introduced.

14.2.2. All orders made prior to changes are executed on terms and conditions that applied on the date of an order placement.

14.3 These terms and condition are effective from and including 21th February 2018




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Right of return

Without giving a reason,
up to 14 days from the date of delivery

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