Terms of service

1. General Information

1.1. The entity operating the online store at www.herse.com is Herse 1868 Sp. z o.o., with its registered office in Kraków, ul. Stolarska 11, 31-043, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków – Śródmieście, 11th Commercial Division of the National Court Register under the KRS number: 0000835209, holding REGON: 385832765, NIP (Tax Identification Number): 6762579349. 1.2. The Customer may contact the online store operator in any of the following ways:

  • by mail at: Herse 1868 Sp. z o.o., ul. Stolarska 11, 31-043 Kraków, Poland,

  • by phone at the helpline number for landlines and mobile phones: +48 786 450 139 (charges apply according to the operator's tariff),

  • via e-mail at: info@herse.com,

  • via the contact form on the online store's website.

2. General Rules for Using the Herse Online Store

2.1. Only persons who are at least 18 years of age may use the online store. 2.2. Persons registering and making purchases in the online store provide their personal data, which Herse 1868 Sp. z o.o. processes in accordance with the rules specified in the Privacy Policy.

3. Ordering Goods

3.1. Orders are accepted via the website www.herse.com. 3.2. Goods in the online store are described in detail. The website provides, among other things, information about the properties of the goods, their price, and the material they are made of. 3.3. When ordering goods, the Customer makes their selection in a manner appropriate for the given item, specifying in particular the size, color, number of pieces, and, if necessary, providing other specific information.

4. Purchasing Instructions

4.1. After selecting a product in a given size, the Customer should click the "Add to cart" icon. 4.2. The product is moved to the cart, which is visible in the upper right corner of the page. After selecting the "Next" option, if the Customer is not yet logged in, they are redirected to the login / account creation panel. 4.3. In the login / account creation panel, the Customer must provide the data necessary to complete the transaction and ship the ordered goods. 4.4. After creating an account / logging in, the Customer gains access to additional options in the Customer Panel, such as: order history, checking the status of the most recently placed order, and saving shipping addresses. 4.5. After selecting the delivery method and entering all necessary details (including invoicing details, if applicable), the Customer must select the payment method. 4.6. The Customer can choose one of the currently available payment methods. 4.7. The Customer confirms the order placement by clicking the "Buy and pay" button. 4.8. If the Customer has selected online payment, they are redirected to the order confirmation page after making the payment, from which they can continue shopping or proceed to the order summary. 4.9. In the event that Herse 1868 does not receive the online payment, the order is not considered correctly placed, which means that the contract is not concluded, and the order will not be processed. 4.10. At any stage of placing an order, until payment is made, the order can be canceled by stopping the progression through the subsequent steps and leaving the order subpage. An order whose placement process is not completed by the Customer is considered canceled and will not be processed. 4.11. Immediately after placing the order, an e-mail confirming the order will be sent to the Customer's e-mail address provided in the login details. In this message, the Customer will receive an individualized order number, which allows them, among other things, to check the order status. 4.12. Herse 1868 Sp. z o.o. may contact the Customer at the e-mail address or phone number provided by the Customer in order to clarify doubts, confirm the order placement, or address any other issues related to the order.

5. Prices

5.1. Prices on the online store website, stated in Polish zloty (PLN), are gross prices including VAT. 5.2. The price stated on the website at the time of placing the order is the final price, binding for both the Customer and Herse 1868 Sp. z o.o. After placing the order, the price of the ordered goods will not change, regardless of any price changes introduced by Herse 1868 Sp. z o.o., or any promotional or clearance campaigns launched. 5.3. Herse 1868 Sp. z o.o. reserves the right to change the prices of goods in the online store, introduce new goods for sale, launch and cancel promotional campaigns on the store's pages, or make changes to them.

6. Availability of Ordered Goods

6.1. All goods offered in the online store are available items. 6.2. In exceptional situations, e.g., in the event of simultaneous ordering of the same product by multiple Customers, it may happen that the product is unavailable. In such a case, the Customer will be informed that the order cannot be fulfilled. 6.3. Full information about the range of available sizes is provided on the product page.

7. Inability to Fulfill an Order

In the event that a given product is out of stock or the order cannot be fulfilled for another reason, the Customer will be informed via e-mail or phone. In particularly justified cases, Herse 1868 Sp. z o.o. may refuse to conclude a sales agreement in order to protect its interests.

8. Delivery Method and Processing Time

8.1. Deliveries are made only within the European Union, Switzerland, Norway, the United Kingdom, and the United States. 8.2. The order is forwarded for processing upon confirmation of the receipt of payment for the ordered goods. 8.3. If the selected product is available and the Customer has chosen delivery to a specified address or in-store pickup, the delivery time is from 2 to 7 business days from the date the order was successfully placed. 8.4. Delivery time may be extended during special promotional campaigns. 8.5. If one of the currently available online payments is chosen as the payment method, order processing begins upon receipt of 100% of the amount due for the order. This is also the starting point for calculating the period within which the goods will be delivered to the Customer. 8.6. Deliveries are handled by a selected courier company.

9. Payment Methods

9.1. Bank transfer: online transfers are available using the payment method selected by the Customer, i.e., via one of our partners' services or a direct transfer to our bank account. 9.2. Payment card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro. If the Customer is a holder of one of the listed cards that allow for online payments, the payment is processed via BlueMedia S.A. The payment transaction is carried out between the Customer and their card operator. 9.3. The entity providing online payment processing services is Blue Media S.A. 9.4. NOTE: The Online Store will never send messages to the Customer informing them of a change in the bank account for payments, along with a request to make a traditional transfer. If the Customer receives such an e-mail, they should not make the payment or reply to it, but should forward the unaltered e-mail to Herse 1868 Sp. z o.o. at: info@herse.com.

10. Sales Agreement

10.1. Information placed on the www.herse.com website does not constitute an offer to conclude a contract within the meaning of the provisions of the Civil Code, which means, among other things, that Herse 1868 Sp. z o.o. may refuse to conclude a contract in particularly justified cases, especially to protect its interests. 10.2. The agreement is concluded in the Polish language.

11. Execution of the Agreement – Timeframe

Depending on the delivery option chosen by the Customer (or pickup at a designated physical store), Herse 1868 Sp. z o.o. undertakes to hand over the goods to the Customer for pickup within 7 business days from the correct placement of the order. In the absence of goods or the inability to fulfill the order for any other reason, Herse 1868 Sp. z o.o. will promptly contact the Customer to propose possible solutions in the given situation. Business days are counted from Monday to Friday, excluding statutory public holidays.

12. Delivery Cost

12.1. Deliveries are made only within Europe (EU, Switzerland, and Norway), the UK, and the USA. 12.2. Delivery within Poland via InPost is free of charge. Delivery via UPS Standard to other European Union countries is also free of charge. 12.3. Delivery via UPS to European Union countries is free of charge, and delivery via UPS outside the European Union is 200.00 PLN gross.

13. Right of Withdrawal

13.1. The Customer has the right to withdraw from the sales agreement without giving any reason (so-called return of goods). 13.2. The right of withdrawal expires 14 days after the day on which the Customer comes into possession of the goods or on which a third party other than the carrier and indicated by the Customer comes into possession of the goods. 13.3. To exercise the right of withdrawal, the Customer must submit an unequivocal statement of withdrawal to Herse 1868 Sp. z o.o. in one of the indicated ways:

  • by mail to: Herse 1868 Sp. z o.o., ul. Stolarska 11, 31-043 Kraków, Poland,

  • by sending an e-mail to: info@herse.com,

  • by printing, completing, and sending the return form template available on the online store's website under this link.

Each of the methods of sending the statement is permissible, and all are equally effective. 13.4. To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right of withdrawal before the 14-day withdrawal period referred to in point 13.2. above has expired. 13.5. In the event of withdrawal from the sales agreement, Herse 1868 Sp. z o.o. will refund all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by Herse 1868 Sp. z o.o.), no later than 14 days from the day on which Herse 1868 Sp. z o.o. is informed about the Customer's decision to exercise their right of withdrawal, subject to point 13.7. below. 13.6. The refund will be processed using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise – for example, in the case of a return to a physical store, the seller may propose a cash refund, which the Customer may or may not accept. In any event, the Customer will not incur any fees as a result of the refund via a payment method different from the original payment method. 13.7. Herse 1868 Sp. z o.o. may withhold the refund until it has received the returned goods and verified their condition. 13.8. The goods must be sent back to the address: Herse 1868 Sp. z o.o., ul. Szybowa 7A, 44-244 Żory, Poland, tel. +48 786 450 139, immediately, and in any event no later than 14 days from the day on which the Customer communicates their withdrawal from the sales agreement to Herse 1868 Sp. z o.o. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. 13.9. The Customer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.

 

14. Complaints (Statutory Warranty)

14.1. The subjects of sales are new, defect-free products. In the event of product defects, Herse 1868 Sp. z o.o. is liable for the defects. 14.2. Every item purchased in the Herse online store may be subject to a complaint in accordance with the provisions of the Civil Code regarding the statutory warranty for defects (rękojmia), if the defect in the item (including the non-conformity of the goods with the contract) is found within two years from its delivery to the Customer. 14.3. Complaints may be submitted at a physical point of purchase or by mail. 14.4. In the case of a complaint submitted by mail, the reasons for the complaint and the information necessary to identify the order must be indicated. The goods should be sent back to the address: Herse 1868 Sp. z o.o., ul. Szybowa 7A, 44-244 Żory, Poland. 14.5. Herse 1868 Sp. z o.o. will review the complaint within 14 days and inform the Customer about the outcome via e-mail or SMS. 14.6. If a complaint submitted by mail is accepted, the Customer will receive a refund for the goods, as well as a refund of the reasonable costs incurred for sending the defective goods back to the e-store – upon prior submission of a copy / scan of the proof of postage to the e-mail address: info@herse.com. 14.7. If a complaint submitted at a physical location is accepted, the amount due to the Customer, along with any applicable reimbursement of costs, will be refunded to the Customer at the store where the complaint was submitted. 14.8. If a complaint sent by mail or courier is rejected by Herse 1868 Sp. z o.o., the Customer will receive information about the reasons for rejecting the complaint to the e-mail address provided in the order, and the goods will be sent back to the address from which the complaint was sent. 14.9. If a complaint submitted at a physical location is rejected, the Customer will be informed via e-mail or SMS, depending on the Customer's preference, and is obliged to collect the goods from the store where the complaint was submitted within 14 days of receiving the notification.

15. Invoicing

15.1. If an invoice is requested, the Customer must provide the necessary data, noting that the NIP (Tax Identification Number) for the invoice must be provided no later than during the order placement. 15.2. Herse 1868 Sp. z o.o. is not liable for incorrect or incomplete invoice data provided by the Customer. 15.3. In the case of corrective invoices, these Terms and Conditions constitute documentation agreeing on the terms of correction within the meaning of Article 29a, paragraph 13 of the Goods and Services Tax Act of March 11, 2004, and the Customer's acceptance that the moment of reducing the amount of input VAT settled for a given period is the moment the corrective invoice is issued by Herse 1868 Sp. z o.o. Herse 1868 Sp. z o.o. issues a corrective invoice at the moment the goods are returned to Herse 1868 Sp. z o.o., which fulfills the conditions for issuing a corrective invoice.

16. Personal Data Processing

In order to maintain the User's account and conclude and execute sales agreements, as well as to fulfill the seller's obligations arising from the conclusion of distance sales agreements, Herse 1868 Sp. z o.o. processes the Customer's personal data, which the Customer provides voluntarily. All information regarding the processing of personal data can be found in the Privacy Policy tab.