Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE - ONLINE WHOLESALE APPHURT.PL

§ 1 Preliminary provisions

The online store Online wholesale apphurt.pl, available at apphurt.pl, is operated by:

ASATO Sp. z o.o., ul. Głogowska 82/22, 60-741 Poznań, KRS 0000993134, NIP 7792544540,

correspondence address: Online wholesale apphurt.pl, ASATO Sp. z o.o., ul. Firmowa 8, 62-023 Robakowo.

Only Entrepreneurs can be Customers of the Store.
These Terms and Conditions define the rules for using the Store. The Terms and Conditions also contain the rules and procedure for concluding Sales Agreements with the Customer through the Store.

§ 2 Definitions

Seller - company ASATO Sp. z o.o., ul. Głogowska 82/22, 60-741 Poznań, entered in the register of entrepreneurs of the National Court Register (registry files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division - National Court Register), share capital 5000.00 PLN, KRS 0000993134, NIP 7792544540, REGON 523179876.
Customer - any entity or person making purchases through the Store, being an Entrepreneur.
Entrepreneur - a natural person, legal person and organizational unit without legal personality to which a separate act grants legal capacity, conducting business activity in their own name and using the Store.
Entrepreneur with consumer rights - Entrepreneur referred to in Article 7aa of the Consumer Rights Act.
Store - online store Online wholesale apphurt.pl, operated by the Seller at the internet address apphurt.pl.
Distance contract - a contract concluded with the Customer through the Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Terms and Conditions - these Terms and Conditions of the Store.
Order - declaration of intent by the Customer made using the Order Form, the submission of which (with payment obligation) results in the conclusion of a Sales Agreement for the Product (or Products) between the Customer and the Seller.
Account - account created by the Customer in the Store as a result of registration made in the Store (as part of the Customer Account service provided by the Store).
Registration form - form available in the Store, enabling the creation of an Account.
Order form - form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
Cart - element of the Store in which Products selected by the Customer for purchase are visible, and where it is possible to establish and modify Order data, in particular the quantity of products.
Product - movable property available in the Store, being the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement - sales agreement for Product (or Products) concluded between the Customer and the Seller by the Customer placing an Order through the Store.

§ 3 Contact with the Store, Contact point

Seller's address: Online wholesale apphurt.pl, ASATO Sp. z o.o., ul. Firmowa 8, 62-023 Robakowo.
Seller's e-mail address: zamowienia@apphurt.pl.
Seller's phone number: +48 505 613 827.
Seller's bank account number: 68 1020 4027 0000 1002 1797 6313.
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may communicate with the Seller by phone from Monday to Friday during the Seller's preferred hours from 10:00 AM to 4:00 PM.
The data provided in § 3 paragraph 2 above also constitute the data of the Contact point for service recipients and for the authorities of member states, the Commission and the Digital Services Council. The language that can be used for communication purposes with the Service Provider's Contact point is Polish and English.

§ 4 Technical requirements

To use the Store, including browsing its assortment and placing Orders, the following are necessary:

possession of a computer device with a standard operating system, internet access and a current standard web browser,
active e-mail account,
active mobile phone number,
enabled handling of cookies in the Store and having current Javascript,
program for opening PDF files (to read files made available by the Store for download in PDF format, e.g. these Terms and Conditions).

§ 5 General information

The Seller, to the fullest extent permitted by law, bears no responsibility for disruptions, including interruptions in the functioning of the Store, caused, among others, by force majeure, unlawful actions of third parties or incompatibility of the online Store with the Customer's technical infrastructure. The above exclusion (limitation) of liability does not violate the rights of Entrepreneurs with consumer rights arising from absolutely binding legal provisions.
Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or without creating an Account - it is then necessary to provide the necessary personal and address data enabling the execution of the Order.
Prices given in the Store are given in Polish zloty and are net prices (without VAT) and gross (include value added tax VAT).
The final (ultimate) amount to be paid by the Customer consists of the price for the Product and the cost of delivery, about which the Customer is informed on the Store's pages during the placement of the Order, including also at the moment of expressing the will to conclude the Sales Agreement, subject to paragraph 6 below.
When the nature of the subject of the Agreement does not allow, reasonably judging, for prior calculation of the final (ultimate) price, on the Store's pages during the placement of the Order, including also at the moment of expressing the will to conclude the Sales Agreement, information will be provided on the manner in which the price will be calculated, and its specific amount will be provided through individual contact with the Customer (e.g. by email or on the pro-forma invoice).
When it is not possible to determine the amount of any fees for transport, delivery, postal services and other costs, on the Store's pages during the placement of the Order, including also at the moment of expressing the will to conclude the Sales Agreement, information will be provided about the obligation to pay them, and their specific amount will be provided through individual contact with the Customer (e.g. by email or on the pro-forma invoice).
The actual delivery costs may differ from those indicated on the Store's pages or indicated during the placement of the Order, including also at the moment of expressing the will to conclude the Sales Agreement. In such a case, the specific amount of delivery costs will be provided through individual contact with the Customer (e.g. by email or on the pro-forma invoice) before shipment of the order. The Customer is obliged to cover the actual delivery costs.

§ 6 Customer Account in the Store

The Customer Account constitutes an additional service available in the Store, provided by the Seller for an indefinite period. Creating and using the Customer Account is free of charge.
The Customer Account speeds up the process of placing Orders in the Store and enables the Customer to use additional Store functions, such as:

insight into the history of placed orders (at least 2 years back) and checking the status of their execution,
observing products available in the Store selected by the Customer (wish list),
access to personal data provided by the Customer.

To create an Account in the Store, you need to fill out the Registration form. In order to create a Customer Account in our Store, we require you to provide the following personal data: first and last name, company data (name, company address and NIP), e-mail address, phone. Providing additional personal data is voluntary. Data provided in the Customer Account can then be used by you (after logging in) in the course of placing orders in our Store, which usually speeds up the order placement process.
Logging into the Account is done by providing the login indicated during registration and the password set by the Customer.
At any time you can resign from the Customer Account service by using the account deletion function available after logging into the Customer Account or by submitting a resignation statement by email to the e-mail address or in writing to the correspondence address of the Store provided on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details).

§ 7 Rules for placing an Order

To place an Order you need to:

log in to the Store (optional) or use the option to place an Order without registration;
select the Product that is the subject of the Order, and then add it to the Cart with the appropriate button on the Product page;
fill out the Order form, following the instructions in subsequent steps of placing the Order (enter appropriate Customer data, select payment and delivery method, etc.);
click the order placement button visible at the end of the order (with payment obligation);
pay for the order within the period specified in the Terms and Conditions.

In order to place an Order in our Store and its execution, we require you to provide the following personal data so that the Order can be placed and executed: first and last name, e-mail address and phone, company data (name, company address and NIP). If you do not provide this personal data, the Order cannot be placed and executed (i.e. the sales contract cannot be concluded or executed with us). Providing additional personal data is voluntary - you can additionally provide, among others, another delivery address.
The minimum value of an Order that can be placed in the Store is 1,000.00 PLN net.

§ 8 Offered delivery and payment methods

Available delivery methods (pickup) of the order (and their cost) can be found on our website in the Delivery and payments section and are visible during the placement of the Order.
Available payment methods for the Order (and their possible cost) can be found on our website in the Delivery and payments section and are visible during the placement of the Order.
The choice of delivery method and payment method is made during the placement of the order.
In the case of choosing payments using payment platforms of external electronic payment operators (prepayment), after pressing the button to start the payment procedure (available immediately after placing the order), follow the instructions of the appropriate electronic payment operator.
Detailed information on delivery methods and acceptable payment methods can be found on our website in the Delivery and payments section.

§ 9 Execution of the sales agreement

The conclusion of a Sales Agreement between the Customer and the Seller takes place by the Customer placing an Order using the Order form in the online Store in accordance with § 7 of the Terms and Conditions.
After placing an Order, the Seller immediately confirms by email (to the e-mail address provided during the placement of the Order the Customer's e-mail address) its receipt and simultaneously accepts the Order for execution.
In the case of the Customer choosing:
    payment in the form of prepayment (bank transfer payment, electronic payment, etc.) - the Customer is obliged to make payment within 3 calendar days from the date of placing the Order,
    in the case of the Customer choosing the method of deferred payment or installment payment (if such payment method is available when placing the Order) - the Customer is obliged to conclude with the given financial institution a loan agreement/credit agreement, granted for payment for Products purchased in the Store, within 3 calendar days from the date of placing the Order.
In the event of failure to pay for the Order within the above deadlines, the Order will be canceled and the Sales Agreement will be considered terminated (failure to pay on time constitutes a terminating condition of the Sales Agreement).
The maximum Order delivery time is 30 days from the date of placing the Order. Usually this time is shorter and the Order will be sent by the Store within the period indicated in the Product description (subject to paragraph 6 of this paragraph), in the manner selected by the Customer during the placement of the Order. In the case of ordering Products with different delivery dates, the longest given period should be adopted for the Order.
The beginning of the Order delivery period to the Customer is calculated as follows:
    in the case of the Customer choosing the payment method in the form of prepayment (e.g. bank transfer payment, electronic payment) - from the day of crediting the Store's bank account with payment for the Order made by the Customer,
    in the case of the Customer choosing the method of deferred payment or installment payment (if such payment method is available when placing the Order) - from the day of crediting the Store's bank account with payment for the Order made by the financial institution, based on the loan agreement/credit agreement concluded with the Customer, granted for payment for Products purchased in the Store.
Delivery of Orders takes place in Poland and other countries indicated on our website in the Delivery and payment section.
Delivery of the Order to the Customer is paid, unless the Sales Agreement expressly provides otherwise. Delivery costs are indicated on our website in the Delivery and payment section and are visible during the placement of the Order, subject to § 5 paragraphs 6 and 7 of the Terms and Conditions.

§ 10 Statutory right to withdraw from the contract

If you are an Entrepreneur with consumer rights, you can withdraw from the sales agreement for a Product concluded through our online Store without giving any reason. In the case of purchases for professional purposes and further resale, the right to withdraw from the contract does not apply. To exercise the right to withdraw from the contract, you must inform us of your decision to withdraw from the contract by way of an unequivocal statement sent by email to the e-mail address or in writing to the correspondence address of the Store provided in § 3 of the Terms and Conditions or on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details). You can use our template withdrawal form (available for download on our website in the Documents to download section), but this is not mandatory.
The deadline for withdrawal from the contract expires after 14 days from the day of receipt of the shipment with the Product by you (or another person indicated by you, other than the carrier), and in the case of a contract that includes many Products that are delivered separately, in batches or in parts - from the day of receipt by you (or another person indicated by you, other than the carrier) of the last goods, its batch or part.
To meet the deadline for withdrawal from the contract, it is sufficient for you to send us your statement of withdrawal from the contract before the expiration of the deadline for withdrawal from the contract.
The right to withdraw from a distance contract does not apply, among others, in relation to a contract:

in which the subject of performance is goods delivered in sealed packaging, which after opening the packaging cannot be returned due to health protection or for hygiene reasons, if the packaging was opened after delivery,
in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
for the supply of digital content not delivered on a material medium, for which the Customer is obliged to pay a price, if the Store began performance with the express and prior consent of the Customer, who was informed before the commencement of performance that after the entrepreneur fulfills the performance, he will lose the right to withdraw from the contract, and accepted this, and the entrepreneur provided the Customer with the confirmation indicated in the regulations,
for the provision of services for which the Customer is obliged to pay a price, in cases where the Customer expressly requested the entrepreneur to come to him to perform a repair, and the service has already been fully performed with the express and prior consent of the Customer,
concluded by way of public auction (e.g. bidding on Allegro.pl),
in which the subject of performance is non-prefabricated goods, produced according to the Customer's specifications or serving to satisfy his individualized needs,
in which the subject of performance is goods that, after delivery, due to their nature, become inseparably connected with other goods,
in which the subject of performance is goods subject to rapid deterioration or having a short shelf life,
in which the price or remuneration depends on fluctuations in the financial market over which the Store has no control, and which may occur before the expiration of the deadline for withdrawal from the Agreement.

Remember that you are obliged to return the Product to us within 14 days from the day you informed us of withdrawal from the contract. This deadline is met if you send us the return shipment before the expiration of the 14-day deadline or hand over the returned goods to a person authorized by the Store to collect (unless the Store proposed that it will collect the goods itself). The returned product should be sent to the correspondence address of the Store provided in § 3 of the Terms and Conditions or on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details).
In the case of withdrawal from the contract, all received payments are returned to you, including the costs of delivering goods (except for additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by the Store), immediately, and in any case not later than 14 days from the day you informed us of withdrawal from the contract. The Store may withhold the refund until receipt of the goods or until delivery of proof of their return, depending on which event occurs first (whereby the possibility of withholding does not apply to the case where the Store proposed that it will collect the goods from you itself). The refund will be made using the same payment methods that were used by you in the original transaction, unless you expressly agreed (without incurring additional costs) to a different solution.
You do not incur any fees in connection with the return. However, you bear the direct costs of returning the goods (i.e. you must deliver the returned product to us on your own and bear the costs of returning the product in the form you choose), unless the Store agreed to bear them in a separate statement (e.g. in an email or as part of a free return service, if such a service is provided by the Store). If, due to its nature, the Product cannot be returned by mail in the ordinary course, the cost of returning such a Product will be on our website in the Product description and information about it will be provided during the placement of the Order.
We kindly remind you that according to applicable regulations, the Customer is liable for the reduction in the value of the product (which is the subject of the sales contract from which he withdrew), resulting from using such a product in a manner other than was necessary to determine its nature, features and functioning (e.g. using equipment to an extent beyond its testing in a similar manner as takes place in a stationary store), unless the Store did not inform the Customer of the right to withdraw from the contract in accordance with the requirements of the Consumer Rights Act.
Upon withdrawal by the Customer from a distance contract, additional contracts concluded by the Customer expire, if under them the performance is fulfilled by the Store or a third party based on an agreement with the Store. The Customer does not bear costs related to the expiration of these contracts, except for costs specified in the Consumer Rights Act. If an additional contract was concluded with a third party, the Store informs this person about the Customer's withdrawal from the contract.
The right to withdraw from the contract specified above applies only to Customers who are Entrepreneurs with consumer rights.

§ 11 Complaints and warranty for entrepreneurs with consumer rights

The Store is responsible for the conformity of goods (Product) with the contract. In case of non-conformity of goods with the contract, Customers who are Entrepreneurs with consumer rights have the rights specified in the Consumer Rights Act.
[Repair or replacement] If the goods are not in conformity with the contract, the Customer may demand their repair or replacement.
The Store may make a replacement when the Customer demands repair, or the Store may make a repair when the Customer demands replacement, if bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Store. If repair and replacement are impossible or would require excessive costs for the Store, it may refuse to bring the goods into conformity with the contract.
When assessing the excessiveness of costs for the Store, all circumstances of the case are taken into account, in particular the significance of the non-conformity of goods with the contract, the value of goods in conformity with the contract, and excessive inconvenience for the Customer arising from changing the method of bringing goods into conformity with the contract.
The Store carries out repair or replacement within a reasonable time from the moment the Store was informed by the Customer about the non-conformity with the contract, and without excessive inconvenience for the Customer, taking into account the specification of the goods and the purpose for which the Customer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Store.
The Customer makes available to the Store the goods subject to repair or replacement. The Store collects the goods from the Customer at its own cost.
If the goods were installed before the disclosure of non-conformity of goods with the contract, the Store dismantles the goods and installs them again after repair or replacement, or commissions the performance of these activities at its own cost.
The Customer is not obliged to pay for normal use of goods that were subsequently replaced.
[Price reduction or withdrawal from the contract] If the goods are not in conformity with the contract, the Customer may submit a statement on price reduction or withdrawal from the contract when:

The Store refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act,
The Store did not bring the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act,
non-conformity of goods with the contract continues to exist despite the Store's attempt to bring the goods into conformity with the contract,
non-conformity of goods with the contract is so significant that it justifies price reduction or withdrawal from the contract without prior use of protection measures specified in Article 43d of the Consumer Rights Act,
from the Store's statement or circumstances it clearly follows that it will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Customer.

The reduced price must remain in such proportion to the price resulting from the contract as the value of goods not in conformity with the contract remains to the value of goods in conformity with the contract.
The Store returns to the Customer amounts due as a result of exercising the right to price reduction immediately, no later than within 14 days from the date of receipt of the Customer's statement on price reduction.
The Customer cannot withdraw from the contract if the non-conformity of goods with the contract is insignificant. It is presumed that the non-conformity of goods with the contract is significant.
If the non-conformity with the contract concerns only some goods delivered under the contract, the Customer may withdraw from the contract only in relation to those goods, as well as in relation to other goods purchased by the Customer together with goods not in conformity with the contract, if it cannot be reasonably expected that the Customer would agree to keep only goods in conformity with the contract.
In case of withdrawal from the contract, the Customer immediately returns the goods to the Store at its cost. The Store returns the price to the Customer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
The Store makes the price refund using the same payment method that the Customer used, unless the Customer expressly agreed to another refund method that does not involve any costs for them.
The Consumer may withhold payment of the price until the entrepreneur fulfills the obligations arising from Articles 43d and 43e of the Consumer Rights Act.
[Conformity of goods with the contract] Goods are in conformity with the contract if, in particular, the following remain in conformity with the contract:

description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates;
suitability for the special purpose for which the Customer needs them, of which the Customer informed the Store no later than at the time of concluding the contract and which the Store accepted.

In addition, for goods to be considered in conformity with the contract, they must:

be suitable for the purposes for which goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices;
occur in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, which are typical for goods of this type and which the Customer can reasonably expect, taking into account the nature of the goods and public assurance made by the Store, its legal predecessors or persons acting on their behalf, in particular in advertising or on labels, unless the Store proves that:
it did not know about the given public assurance and, judging reasonably, could not have known about it,
before the conclusion of the contract, the public assurance was corrected maintaining the conditions and form in which the public assurance was made, or in a comparable manner,
the public assurance did not influence the Customer's decision to conclude the contract;
be delivered with packaging, accessories and instructions which the Customer can reasonably expect to be delivered;
be of the same quality as a sample or model that the Store made available to the Customer before concluding the contract, and correspond to the description of such sample or such model.

The provisions of Article 43k paragraphs 3 and 4 and Article 43l paragraph 4 of the Consumer Rights Act apply accordingly to goods with digital elements.
The Store is not liable for non-conformity of goods with the contract in the scope referred to in paragraphs 18 or 19 above, if the Customer, no later than at the time of concluding the contract, was expressly informed that a specific feature of the goods deviates from the requirements of conformity with the contract specified in paragraphs 18 or 19, and expressly and separately accepted the lack of a specific feature of the goods.
The Store is liable for non-conformity of goods with the contract resulting from improper installation of goods if:

it was carried out by the Store or on its responsibility;
improper installation carried out by the Customer resulted from errors in the instructions provided by the Store or a third party referred to in Article 6 paragraph 2 of the Consumer Rights Act.

[Deadlines] The Store is liable for non-conformity of goods with the contract existing at the time of its delivery and revealed within two years from that time, unless the expiry date of goods for use, specified by the Store, its legal predecessors or persons acting on their behalf, is longer. It is presumed that non-conformity of goods with the contract that was revealed before the expiration of two years from the time of delivery of goods existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specification of goods or the nature of non-conformity of goods with the contract.
The Store cannot rely on the expiration of the deadline for determining non-conformity of goods with the contract specified in paragraph 22 above if it fraudulently concealed this deficiency.
In relation to goods with digital elements, the Store is liable for non-conformity with the contract of digital content or digital service provided continuously, which occurred or was revealed during the time when, according to the contract, they were to be provided. This time cannot be shorter than two years from the time of delivery of goods with digital elements. It is presumed that non-conformity of digital content or digital service with the contract occurred during this time if it was revealed during this time.
The rights specified above regarding non-conformity of goods with the contract apply only to Customers who are Entrepreneurs with consumer rights.
[Complaint] To file a complaint, contact us by email at the e-mail address or in writing to the correspondence address of the Store provided in § 3 of the Terms and Conditions or on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details). Information regarding complaints can be found on our website in the Returns and complaints section.
You can use the complaint form template (available for download on our website in the Documents to download section), but this is not mandatory.
The Store does not provide a separate warranty on sold goods, however, the Customer has the right to use the rights regarding non-conformity of goods with the contract on the principles specified in legal provisions (see information above). Some Products are covered by the manufacturer's warranty - in such a case, information about the manufacturer's warranty is on our website in the Product description, and the Product is issued with appropriate documents regarding the granted warranty, containing the content of the warranty.
The Store does not provide so-called after-sales services, unless something different results from a separate regulation for a given after-sales service.

§ 12 Complaints and warranty for entrepreneurs

The provisions of this paragraph apply only to Customers who are not Entrepreneurs with consumer rights.
In the case of Customers who are not Entrepreneurs with consumer rights, the Store grants a warranty for physical defects of Products for a period of 30 days from the time of delivery of goods. The warranty is granted on the principles specified in the Civil Code, subject to paragraph 3 below.
(Modification of warranty) In case of a product defect, the Seller's liability is limited in total to the price of the Product. The Seller is not liable in particular for repairing damage that the Customer suffered because he concluded a contract without knowing about the existence of a defect, even if the damage was a consequence of circumstances, and in particular the Customer cannot demand reimbursement of the costs of concluding the contract, costs of collection, transport, storage and insurance of goods and reimbursement of incurred expenditures, etc. In case of filing a complaint, the Customer is obliged immediately, no later than within 7 days from filing the complaint, to deliver the complained Product to the Seller at the correspondence address of the Store provided in § 3 of the Terms and Conditions or on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details) - at his own cost and risk. In case of violation of this deadline, the rights under the warranty expire. In addition, the choice of the method of implementing the complaint (repair, replacement, price reduction or withdrawal from the contract) belongs in each case to the Seller.
Rights under the warranty cannot be transferred by the Customer to another entity (including in particular as part of assignment)
[Complaint] To file a complaint, contact us within 7 days from the time of detecting the defect (but no later than within the period indicated in § 12 paragraph 2 sentence 1 above) by email to the e-mail address or in writing to the correspondence address of the Store provided in § 3 of the Terms and Conditions or on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details). In case of violation of the deadline for filing a complaint, the rights under the warranty expire.
The Store does not provide a separate warranty on sold goods.
The Store does not provide so-called after-sales services, unless something different results from a separate regulation for a given after-sales service.

§ 13 Personal data in the Store (Privacy policy), Cookies, Server logs

Information regarding the processing of personal data in the Store is available on our website in the Privacy Policy section.
To facilitate the use of the apphurt.pl website, the Store uses technology known as cookies. Information regarding cookies is available on our website in the Cookie Policy section.
Server logs are used to generate statistics helpful in administering the apphurt.pl website. These summaries are collective in nature and do not contain features identifying people visiting the apphurt.pl website. Logs are not disclosed to persons not associated with the management of the apphurt.pl website. Information regarding server logs is available on our website in the Cookie Policy section.
We inform you that the use of services provided electronically may involve risk. Possible related threats are indicated on our website in the Cookie Policy section. The Store takes appropriate actions to minimize these risks.

§ 14 Complaint procedure regarding services provided electronically

The Store does not provide digital services and for the supply of digital content other than those where the Customer is not obliged to provide services other than providing personal data, and this data is processed by the entrepreneur solely for the purpose of performing the contract or statutory obligation (e.g. Customer Account, Newsletter).
Complaints regarding the operation of the apphurt.pl online Store and other services provided electronically using the apphurt.pl website (e.g. Customer Account, Newsletter) should be submitted by email to the e-mail address or in writing to the correspondence address of the Store provided in § 3 of the Terms and Conditions or on our website (in the footer at the bottom of the apphurt.pl website, containing our contact details).
The complaint should include the data of the person filing the complaint (first and last name), data necessary to send information about the result of the complaint (e.g. e-mail address, correspondence address, phone number) and describe what the irregularities regarding the given service consisted of and indicate expectations regarding the method of implementing the complaint. You can use the complaint form (available for download on our website in the Documents to download section), but this is not mandatory.
The Store responds to the complaint to the Customer on paper or another durable medium within 14 days from the date of its receipt.

§ 15 Final provisions regarding entrepreneurs with consumer rights

The provisions of this paragraph apply only to Customers who are Entrepreneurs with consumer rights.
In matters not regulated by these Terms and Conditions or the contract, the applicable legal provisions of the place of habitual residence of the Customer apply. In addition, if these provisions provide a higher level of protection for the Customer being an Entrepreneur with consumer rights than indicated in these Terms and Conditions, the Parties are bound by the provisions resulting from these provisions.

§ 16 Final provisions regarding entrepreneurs

The provisions of this paragraph apply only to Customers who are not Entrepreneurs with consumer rights.
In matters not regulated by these Terms and Conditions or the contract, the applicable provisions of Polish law apply, and the courts competent to resolve disputes between the parties are Polish courts (materially competent common courts in Poznań - for the Stare Miasto district)
Upon the Store's release of Products covered by the order to the carrier, all benefits and burdens related to the product/products and the risk of accidental loss or damage to the product/products pass to the Customer. The Store is not liable for delay in delivery of the shipment by the carrier or for loss, shortage or damage to the product/products arising from its/their acceptance for transport to its/their release to the Customer by the carrier.
Subject to § 12 of the Terms and Conditions, the Seller excludes its liability for defects in sold goods, liability for damages related to or resulting from products and any other liability, to the fullest extent legally permissible (except for liability arising from absolutely binding provisions). The Seller bears liability towards the Customer only for damage caused intentionally.
In addition, with respect to Customers who are not Entrepreneurs with consumer rights, the Seller may make any change to the Terms and Conditions at any time (in accordance with the provisions of the Civil Code on the application and change of contractual templates) and without complying with the conditions specified in § 17 paragraphs 4-5 of the Terms and Conditions.

§ 17 Final provisions

The Customer, when using the Store, is obliged to refrain from providing content of an unlawful nature.
The Customer is obliged to make payments through a payment account if the one-time value of the transaction with the Store, regardless of the number of resulting payments, exceeds the amount indicated in absolutely binding laws.
All rights to the apphurt.pl website, and in particular copyright to the content of this website, including the graphic layout of the website, photos, videos, graphics, trademarks, logos and other content and elements, belong to the Store. In connection with the above, it is forbidden to copy, modify or otherwise use the apphurt.pl website or its part without the consent of the Store.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.:

changes to absolutely binding or relatively binding (if the change in relatively binding provisions occurred in favor of the consumer) legal provisions regarding the sale of goods in the offer of the apphurt.pl online store or services provided within the Store electronically using the apphurt.pl website, applicable to the legal relationship between the Customer and the Seller or the need to adapt the regulations to these provisions,
if the need to change the regulations results from a decision of the competent court or authority,
in case a given type of regulatory provision is recognized as a prohibited clause by the competent authority or court,
in case a given type of regulatory provision is recognized as an act of unfair competition or practice violating the collective interests of consumers by the competent authority or court,
in case of technical and technological changes on the apphurt.pl website, aimed in particular at increasing the security of using the apphurt.pl website (in particular to reduce risks related to using electronic services), increasing the comfort of using the apphurt.pl website by the Customer or adding new functionalities on the apphurt.pl website,
introducing new services on the apphurt.pl website.

In case of a change to the Terms and Conditions, the Store will publish the new Terms and Conditions on the apphurt.pl website, and in addition will inform the Customer by email about making a change to the Terms and Conditions. Introduced changes to the Terms and Conditions cannot violate the rights acquired by the Customer (in particular, the change to the Terms and Conditions remains irrelevant to sales agreements for goods concluded by the Customer and the Seller before the change to the Terms and Conditions). Within 14 days from the date of informing the Customer about the change to the Terms and Conditions, the Customer is entitled to terminate the ongoing agreement concluded with the Store to which the change to the Terms and Conditions applies (e.g. agreement regarding Customer Account). The changed Terms and Conditions will bind the Customer if within 14 days from the date of receiving information about its change, he does not submit (in writing or by email) a statement of lack of acceptance of the new content of the Terms and Conditions. Lack of acceptance of the change to the Terms and Conditions is equivalent to the Customer's termination of the given agreement connecting him with the Store, the Terms and Conditions of which changed and was not accepted by the Customer.
In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Consumer Rights Act, the Personal Data Protection Act.

Version of the terms and conditions valid from 01.2024