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+48 668 470 370 biuro@hocell.pl
Start Store regulations

Store regulations

Store regulations

Table of Contents

The products offered in the Store are sold by Adam Krajewski, conducting business under the name HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Tax ID (NIP): 5772006011, REGON: 543760288, registered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, contact address: Krakowska 4, 42-300 Myszków, Poland, hereinafter referred to as the Seller.

The Products offered in the Store are sold by Adam Krajewski conducting business under the name HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP: 5772006011, REGON: 543760288, entered in the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, contact address: Krakowska 4, 42-300 Myszków, Poland, hereinafter referred to as the Seller.

The Seller is registered in the BDO Register under number: ____.

You may contact the Seller by e-mail at: biuro@hocell.pl or by telephone at: +48 668 470 370.

In accordance with applicable requirements, we have designated a point of contact for direct communication with the authorities of Member States, the Commission, the European Board for Digital Services, as well as Users of the Service. Fast and direct communication is possible by e-mail at the address indicated above.

§1. Basic Definitions

The following basic terms shall have the meanings set out below:

  1. Price – the value expressed in monetary units which the Customer is required to pay and, in the case of digital content/services, also a digital representation of value;

  2. Business Day – a day from Monday to Friday, excluding public holidays;

  3. Proof of Payment – an invoice or receipt issued in accordance with the Polish VAT Act or other applicable laws and provided to the Customer;

  4. Delivery – delivery of the Product to the Customer by the Seller;

  5. Delivery Provider – an entity cooperating with the Seller whose task is to perform the delivery (detailed information concerning delivery providers and delivery methods is specified on the Seller’s website);

  6. Customer – an entity intending to purchase or purchasing a Product/Products, i.e. a natural person having full legal capacity and, in cases provided for by generally applicable law, also a natural person having limited legal capacity, a legal person, or an organisational unit without legal personality to which the law grants legal capacity, which has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;

  7. Consumer – a natural person making a purchase for purposes not directly related to their business or professional activity;

  8. Offer – a sales proposal containing the material elements of the Product, including, among others, a product description or an individual proposal made by the Seller;

  9. Entrepreneur – a natural person, legal person or organisational unit without legal personality to which a separate act grants legal capacity, carrying out business activity in its own name and using the Store;

  10. Entrepreneur with Consumer Rights – a natural person entering into an agreement directly related to their business activity where the content of that agreement indicates that it is not of a professional nature for that person, in particular having regard to the subject matter of the business activity carried out by that person as disclosed under the provisions governing the Central Register and Information on Economic Activity;

  11. Product – Goods or a Service offered by the Seller in the Store and intended for sale. The Product is provided for a fee unless expressly stated otherwise;

  12. Physical Product – a product subject to physical shipment by post/courier or which may be collected in person;

  13. Terms and Conditions – these sales terms and conditions specifying the rules for using the Store, placing orders and fulfilment of orders by the Seller;

  14. Store / Website / Service – the website on which the Seller conducts its activities, including, among others, the sale of Products by the Seller or on which content of the Seller and Users is made available;

  15. Goods – an item being the subject of an agreement concluded between the Seller and the Customer;

  16. Goods with Digital Elements – goods containing or connected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent the goods from functioning properly;

  17. User Content – information made available, created and/or supplied by the User when using the Service, including, among others:

a) reviews of Products, Services or the Service;

b) comments under content made available within the Service;

c) information contained in the User’s account visible in the Service;

d) posts and comments in a Facebook group or on dedicated social-media channels;

e) notes created within the platform;

f) information made available through the User Account and accessible to other Users;

  1. Durable Medium – any material or tool enabling information to be stored in a manner allowing access to that information in the future for a period adequate to the purposes for which the information serves and allowing the unchanged reproduction of the stored information;

  2. Agreement – the mutual arrangements between the Seller and the Customer defining their respective rights and obligations;

  3. Service – a service provided by the Seller to the Customer.

§2. Rules of Cooperation and Conclusion of the Agreement

  1. The terms of performance of the Agreement and the rules of cooperation are set out in these Terms and Conditions and the Offer.

  2. The Terms and Conditions and the Offer do not exclude or limit any rights of a Customer who is a Consumer or an Entrepreneur with Consumer Rights arising from mandatory provisions of law.

  3. In the event of any discrepancy between these Terms and Conditions and the Offer, the Offer shall prevail.

  4. The Agreement is concluded when the Customer accepts the Terms and Conditions, makes payment and confirms the placement of the order, subject to the provision below.

  5. Where the payment due date falls after conclusion of the Agreement, the Agreement is concluded when the Customer accepts the Terms and Conditions and confirms the placement of the order.

  6. Making payment shall mean that the payment has been credited by the Seller or the payment intermediary.

§3. Price

  1. The Price is a gross price and includes all taxes required by law, unless the Seller clearly states that the price is a net price to which VAT must be added.

  2. The Price does not include delivery costs or other costs which the Customer may be required to bear and of which the Customer will be informed before placing the order.

  3. A reduced price is the price applicable as a result of a reduction in the Product price.

  4. The lowest price is the lowest price of the Product that applied during the 30 days preceding the introduction of the reduction and, in the case of a product offered for sale for less than 30 days, the lowest price is the lowest price applicable from the date the Product was first offered for sale until the date the reduction was introduced.

  5. In the case of a reduction in the price of a Product which is perishable or has a short shelf life, the Seller shall also display, next to the Product price, information about the price applicable before the first reduction.

  6. Where the Seller applies a procedure for individually adjusting the price on the basis of automated decision-making, the Seller shall inform the Customer of this before the order is placed.

§4. Rules for Placing Orders

  1. The Customer may use the Store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays or public holidays are processed on the next Business Day.

  2. The Seller uses the Przelewy24 service to offer online payments.

  3. Payments may be made by traditional bank transfer, electronic bank transfer, debit or credit card, BLIK, other payment methods offered by the Service, and cash on delivery, unless this method has been excluded for the purchase of a particular Product.

  4. The Customer is obliged to make payment immediately after placing the order unless otherwise provided in the Offer or resulting from the payment method chosen by the Customer.

  5. To purchase Products through the Store, the Customer must:

    1. select the Product(s) they wish to purchase from the options available on the website by clicking the “add to cart” button or an equivalent button;

    2. after selecting the Products, provide the required information, e.g. Customer details, payment method and delivery method;

    3. review the total price for the selected Products, including delivery and any other additional costs arising from the order;

    4. accept the Terms and Conditions and the order and make payment for the order in accordance with the selected payment method. After the order is placed, the Seller will send confirmation of the order.

  6. To purchase Products electronically, e.g. by e-mail, via an internet messenger or an external program, the Customer must:

    1. select the Product(s) to be purchased and review the Offer;

    2. after selecting the Products, provide the information required by the Seller, e.g. Customer details, payment method and delivery method;

    3. before accepting the order, review the total price for the selected Products, including delivery and any other additional costs arising from the order;

    4. accept the terms of cooperation presented by the Seller in connection with the order, including the Terms and Conditions, and make payment for the order in accordance with the selected payment method. After the order is placed, the Seller will send confirmation of the order.

  7. After conclusion of the Agreement, the Seller shall also send the Customer the terms of the Agreement, unless they were provided before the Agreement was concluded.

  8. The Seller has the right to cancel an order if the Customer fails to make payment within 3 Business Days from the date of placing the order or if the Customer completes the order form in a manner preventing proper fulfilment of the order despite having been requested to supplement or correct the data under pain of cancellation of the order.

§5. Order Fulfilment Rules

Physical Products

  1. The time required to fulfil the order, including delivery of the Products, depends on the preparation time indicated by the Seller and then on the delivery time applicable to the delivery method selected by the Customer. Unless otherwise stated in the Offer, the order preparation time is up to 7 Business Days and the delivery period is from 3 to 7 Business Days.

  2. The period for fulfilment of the order, including delivery of the Products, is calculated from the date on which the Agreement is concluded.

  3. The Seller informs the Customer of:

    1. the order preparation time by the Seller in Business Days; and

    2. the delivery time of the Products by the Delivery Provider in Business Days, depending on the delivery method selected by the Customer.

  4. Delivery is carried out within Poland. In the case of deliveries outside Poland or other countries indicated above, the Customer shall individually agree the detailed delivery terms with the Seller.

  5. Delivery is made to the address specified by the Customer in the order form or to the collection point indicated by the Customer, depending on the selected delivery method.

  6. If the Delivery Provider encounters problems delivering the parcel, including, among others, the Customer’s absence at the specified address, the Delivery Provider shall leave a delivery notice at that address or arrange another delivery date by e-mail or telephone. If the order is not collected within the specified period, it will be returned to the Seller. After the return, a new delivery date will be agreed with the Customer and the costs of redelivery will be determined.

  7. The Customer should inspect the order upon receipt and, if any irregularities are found, is entitled to request that the Delivery Provider prepare a delivery report.

§6. Technical Requirements

  1. The Customer may use the Store in accordance with these Terms and Conditions and applicable law.

  2. The Seller states that the public nature of the Internet and the use of electronically supplied services may involve the risk of Customer data being obtained or modified by unauthorised persons. Customers should therefore use appropriate technical measures to minimise the above risks.

  3. To use the Store or place an order, the Customer must have:

    1. a current version of an internet browser supported by its manufacturer and internet access, e.g. Opera, Mozilla Firefox or Google Chrome;

    2. an active e-mail account.

  4. If additional technical requirements must be met in order to use the Store or Products, the Customer will be informed of them before using the Store or before placing an order for a Product.

  1. All materials made available by the Seller, including texts, photographs, graphics, multimedia and trademarks, constitute works within the meaning of the Polish Act on Copyright and Related Rights and are legally protected.

  2. Copyright in the above materials is held by the Seller or another entity from which the Seller has obtained an appropriate licence. The materials may also be used by the Seller on another legal basis.

  3. All materials made available by the Seller may be used by the Customer solely for personal use unless otherwise stated in the Offer. Any further dissemination, sharing, copying or downloading of the materials in any manner beyond the scope of permitted use is unauthorised.

  4. The Seller grants the Customer a non-exclusive licence, without the right to grant sublicences and without territorial restrictions. Any time limitations arise from the Offer or these Terms and Conditions. The remuneration for granting the licence is included in the Price.

  5. The Customer may use the materials in the following fields of exploitation:

    1. recording and printing the work – digital recording in the User Account or in another manner permitted by the Seller; printing may be carried out for the Customer’s own use of the materials;

    2. modification of the work for the Customer’s own purposes to the extent resulting from instructions, video instructions or comments.

  6. In the event of a breach of the prohibition referred to in this section, including an infringement of copyright, the Seller is entitled to claim damages and compensation from the Customer. In this respect, the Customer may incur civil or criminal liability.

§8. Complaints and Warranty

  1. This section sets out the rules of liability for conformity of performance with an Agreement requiring transfer of ownership of Goods to a Consumer or an Entrepreneur with Consumer Rights in relation to agreements concluded from 1 January 2023.

  2. Agreements requiring transfer of ownership of goods, including in particular sales agreements, supply agreements and contracts for specific work where the result is a good, are not subject to the provisions of Division XI of Book Three, Title II of the Polish Civil Code of 23 April 1964, but to the Polish Consumer Rights Act. Detailed information concerning the above rules is contained in the Consumer Rights Act, and these Terms and Conditions are not intended to restrict or modify them.

  3. If the Goods do not conform to the Agreement, the Customer may demand repair or replacement or, in the cases specified in the Consumer Rights Act, may also withdraw from the Agreement.

  4. The Seller may replace the Goods where the Customer requests repair, or may repair the Goods where the Customer requests replacement, if bringing the Goods into conformity with the Agreement in the manner selected by the Customer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Goods into conformity with the Agreement. The Customer shall make the Goods subject to repair or replacement available to the Seller.

  5. If the Goods do not conform to the Agreement, the Customer may submit a declaration requesting a price reduction or withdrawal from the Agreement where:

    1. the Seller has refused to bring the Goods into conformity with the Agreement or has failed to bring the Goods into conformity with the Agreement;

    2. the lack of conformity of the Goods with the Agreement continues despite the Seller having attempted to bring the Goods into conformity with the Agreement;

    3. the lack of conformity of the Goods with the Agreement is sufficiently significant to justify an immediate price reduction or withdrawal from the Agreement;

    4. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Customer.

  6. The Customer may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant.

  7. In the event of withdrawal from the Agreement, the Customer shall immediately return the Goods to the Seller at the Customer’s expense. The Seller shall refund the Price to the Customer without delay, but no later than 14 days from receipt of the Goods or evidence of their return.

  8. The Customer may submit a complaint concerning lack of conformity of the Goods with the Agreement by sending it to the Seller’s address indicated in these Terms and Conditions, either by post or by e-mail. The complaint should contain details enabling identification of the Customer, the subject of the complaint and the claims connected with the complaint. If the Seller receives an incomplete complaint which cannot be considered, the Seller shall request that the Customer supplement it, failing which the complaint may be left unexamined. The Customer may submit a complaint using the template constituting Appendix No. 3 to these Terms and Conditions. This procedure applies accordingly to rights arising under §9 of these Terms and Conditions.

  9. The Seller shall consider complaints within 14 days of receipt unless otherwise provided by specific provisions. The response will be sent to the Customer’s e-mail address or in another manner indicated by the Customer.

  10. The provisions of this section do not apply to Goods which serve exclusively as a carrier of digital content.

  11. In addition to rights arising from statutory liability, certain Goods may be covered by a warranty. In such a case, information concerning the warranty will be specified, among others, in the Offer or in a separate document in accordance with the rules provided for in the Consumer Rights Act.

§9. Additional Customer Rights Concerning Digital Content / Digital Services

  1. This section sets out the rights of Consumers and Entrepreneurs with Consumer Rights in the case of agreements for the supply of digital content/services concluded from 1 January 2023. Detailed information concerning the Customer’s rights is set out in the Consumer Rights Act, and these Terms and Conditions are not intended to restrict or modify such rights.

  2. If digital content or a digital service does not conform to the Agreement, the Customer may demand that it be brought into conformity with the Agreement or may submit a declaration requesting a price reduction or withdrawal from the Agreement.

  3. The Seller may refuse to bring the digital content or digital service into conformity with the Agreement if bringing it into conformity in the manner selected by the Customer is impossible or would involve excessive costs for the Seller.

  4. If digital content or a digital service does not conform to the Agreement, the Customer may submit a declaration requesting a price reduction or withdrawal from the Agreement where:

    1. bringing it into conformity with the Agreement is impossible or would involve excessive costs;

    2. the Seller has failed to bring the digital content or digital service into conformity with the Agreement;

    3. the lack of conformity with the Agreement continues despite the Seller having attempted to bring the digital content or digital service into conformity with the Agreement;

    4. the lack of conformity of the digital content or digital service with the Agreement is sufficiently significant to justify an immediate price reduction or withdrawal from the Agreement;

    5. it is clear from the Seller’s statement or the circumstances that the Seller will not bring the digital content or digital service into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Customer.

  5. The Customer may not withdraw from the Agreement if the digital content or digital service is supplied in exchange for payment of a Price and the lack of conformity with the Agreement is insignificant.

  6. If the Customer has not received the digital content or digital service, the Customer shall inform the Seller. If it is not supplied without delay or within an additional period expressly agreed by the parties, the Customer may withdraw from the Agreement.

  7. The Customer may withdraw from the Agreement without first requesting delivery of the digital content or digital service if:

    1. the Seller has declared, or it is clear from the circumstances, that the Seller will not supply the digital content or digital service; or

    2. the parties agreed, or it is clear from the circumstances of conclusion of the Agreement, that a specific date for supplying the digital content or digital service was of essential importance to the Customer and the Seller failed to supply it by that date.

  8. The provisions of this section do not apply where the Agreement provides for digital content to be supplied on a tangible medium.

§10. Withdrawal from the Agreement

  1. This section sets out the rules governing withdrawal from the Agreement by a Consumer and an Entrepreneur with Consumer Rights.

  2. A Customer who is a Consumer or an Entrepreneur acting with consumer rights has the right to withdraw from the Agreement within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Customer should inform the Seller by means of an unequivocal statement, for example by sending an e-mail or a letter to the address specified in these Terms and Conditions. Further information on the right of withdrawal is provided in Appendices No. 1 and 2 to these Terms and Conditions.

  3. The right to withdraw from the Agreement does not apply to an agreement:

    1. for the provision of services for which the Customer is obliged to pay a Price where the Seller has fully performed the service with the Customer’s express prior consent and the Customer was informed before performance began that, once the Seller had fully performed the service, the Customer would lose the right of withdrawal, and acknowledged this;

    2. for the supply of digital content not supplied on a tangible medium for which the Customer is obliged to pay a Price where the Seller commenced performance with the Customer’s express prior consent and the Customer was informed before performance began that, once the Seller had fully performed the service, the Customer would lose the right of withdrawal, acknowledged this, and the Seller provided confirmation of receipt of the consent;

    3. where the subject matter of the performance is non-prefabricated goods produced to the Customer’s specifications or intended to satisfy the Customer’s individualised needs (so-called made-to-order goods);

    4. where the subject matter of the performance is goods liable to deteriorate or expire rapidly;

    5. where the subject matter of the performance is goods supplied in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;

    6. where the subject matter of the performance is audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;

    7. where the subject matter of the performance is the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;

    8. where the subject matter of the performance is alcoholic beverages whose price was agreed when the sales agreement was concluded, where delivery may take place only after 30 days and their value depends on market fluctuations beyond the Seller’s control;

    9. where the Price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control and which may occur before expiry of the withdrawal period;

    10. concluded by way of a public auction;

    11. where the subject matter of the performance consists of items which, after delivery, by their nature become inseparably combined with other items;

    12. for the provision of services for which the Customer is obliged to pay a Price where the Customer expressly requested the Seller to visit the Customer for the purpose of carrying out repairs and the service has already been fully performed with the Customer’s express prior consent.

  4. The Customer referred to in paragraph 1 shall be liable for any reduction in the value of the Product resulting from use exceeding what is necessary to establish the nature, characteristics and functionality of the Product.

  5. In the event of withdrawal from an agreement for the supply of digital content or a digital service, the Customer shall refrain from using that digital content or digital service and from making it available to third parties.

§11. User Account

  1. The Seller creates a User Account for the Customer, i.e. an individual panel activated by the Seller for the Customer for the purpose of using the Seller’s Products after the Customer has registered and entered into a free-of-charge agreement for creation and maintenance of the User Account, hereinafter referred to as the Account. The agreement for creation and maintenance of the User Account is concluded for an indefinite period.

  2. The Customer may not make the User Account available to third parties or hold multiple User Accounts.

  3. Creation of a User Account is necessary to obtain access to the User Account, place an order and obtain access to a Product where the Product is made available in the User Account.

  4. The Seller sends information concerning the User Account to the e-mail address specified by the Customer. The Customer shall establish an individual password for the Account. The Customer is also obliged to establish an individual password where the password for registration of the User Account was generated automatically by the system. After registering the Account, the Customer should establish a new password without delay.

  5. The Customer may request deletion of the User Account by e-mail or in another form accepted for communication with the Seller, subject to a 14-day notice period and without stating a reason.

  6. Deletion of the User Account may result in loss of access to Products made available through the User Account.

  7. The Seller may terminate the agreement for creation and maintenance of the User Account:

    1. for important reasons with 14 days’ notice, where the Customer is a Consumer or an Entrepreneur with Consumer Rights; important reasons include, in particular, breach by the Customer of these Terms and Conditions or applicable law, as well as conduct contrary to accepted standards of conduct;

    2. without stating a reason and with immediate effect where the Customer is not a Consumer or an Entrepreneur with Consumer Rights.

§12. Image and Likeness

  1. The Customer acknowledges that the image/likeness of a Participant made available by the Customer as part of cooperation with the Seller may be processed by the Seller, including recorded and disseminated for educational and archival purposes and for purposes connected with performance of the Agreement.

  2. By making their image/likeness available to the Seller in another manner, the Customer consents to the Seller recording, using and disseminating the Participant’s image/likeness in the form of recordings/photographs from online broadcasts or the course of cooperation for the purposes indicated in paragraph 1.

  3. Processing of the Customer’s/Participant’s image/likeness for marketing and promotional purposes requires separate consent.

  4. The image/likeness referred to above may be subject to various forms of electronic processing, cropping and composition and may be combined with images/likenesses of other persons participating in an online broadcast, while video and audio recordings featuring that person may be cut, edited, modified and added to other materials produced as part of the Seller’s activity. Consent covers all forms of publication.

  5. The Customer may not record, use or disseminate the image/likeness of other participants or presenters without their prior consent.

§13. Specific Provisions Concerning Entrepreneurs

  1. The provisions of this section apply to an Entrepreneur who is not an Entrepreneur with Consumer Rights.

  2. The court having jurisdiction to resolve any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with Consumer Rights shall be the court having jurisdiction over the Seller’s registered office.

  3. An Entrepreneur who is not an Entrepreneur with Consumer Rights is obliged to inspect the parcel upon receipt. If defects or damage are discovered, the Entrepreneur must draw up a report upon receipt. If the above formalities are not complied with, the Seller shall not be liable for defects or damage to the Product arising from the moment it is accepted by the Delivery Provider until it is delivered to the Entrepreneur, nor for delay in carriage of the parcel.

  4. The parties exclude the Seller’s liability for lack of conformity of the Goods with the Agreement/defects in the goods in relation to an Entrepreneur who is not an Entrepreneur with Consumer Rights.

  5. The Seller has the right to terminate the Agreement with an Entrepreneur who is not an Entrepreneur with Consumer Rights with immediate effect. For this purpose, the Seller shall send the Entrepreneur a notice of termination to their e-mail address or postal address. The Entrepreneur waives any claims in this respect.

  6. The Seller shall not be liable for lost profits in relation to an Entrepreneur who is not an Entrepreneur with Consumer Rights.

§14. Product Reviews

  1. Reviews concerning Products published by the Seller are verified by the Seller.

  2. Verification is carried out, among other things, by comparing personal data or details of cooperation with data and information held by the Seller concerning Customers who have previously used the Seller’s Products, as well as by directly contacting the relevant person to thank them for the review or by sending Customers a dedicated link for submitting a review.

  3. Where there are doubts as to whether a review originates from a person who has used the Seller’s Products, the review is not published by the Seller.

  4. Published reviews are intended to present benefits connected with using the Seller’s Products which have been identified by previous Customers.

  5. The Seller does not use sponsored or barter reviews.

§15. User Content

Prohibited User Content

  1. Users are prohibited from posting Content which constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise contrary to these Terms and Conditions.

  2. “Illegal Content” shall mean illegal content, products, services and activities.

  3. The User may not post Content which:

    1. is terrorist in nature;

    2. is contrary to law or accepted standards of conduct;

    3. constitutes SPAM or repeatedly appears in the Service without a legitimate purpose;

    4. is offensive, contains expressions regarded as hate speech or threats, or contains content inciting or encouraging violence, indicating harassment, or being racist, discriminatory or defamatory;

    5. infringes or restricts the rights of third parties, in particular the right to privacy, image rights, the right to protection of personal data, trademarks or copyright;

    6. is used to conduct competitive activity or constitutes an act of unfair competition;

    7. is used to conduct prohibited advertising, promotional or marketing activities;

    8. is used to carry out activities prohibited by law, e.g. financial fraud;

    9. promotes a fascist or other totalitarian system of government;

    10. defames or insults any person;

    11. infringes the personal rights of any person;

    12. contains vulgar language or other offensive content;

    13. offends religious feelings.

  4. The Seller shall not be liable for User Content posted within the Service provided that the Seller:

    1. has no actual knowledge of illegal activity or illegal User Content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal User Content is apparent; or

    2. upon obtaining such knowledge or awareness, acts expeditiously to remove or disable access to illegal User Content or otherwise restrict its visibility or monetisation.

  5. The Seller is obliged to notify the appropriate services/law-enforcement authorities where a User may have committed, is committing or may commit a criminal offence involving a threat to the life or safety of a person/persons, and to provide all information available to the Seller concerning such matter.

Moderation of User Content

  1. The Seller may verify User Content at any time.

  2. The Seller shall carry out verification with due diligence, objectively and proportionately, with due regard for the rights and legitimate interests of all parties involved, including respect for the fundamental rights of recipients of the service such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

  3. Verification may take place before or after publication of the Content, depending on the type of User Content and the functionalities made available.

  4. If User Content is found to be contrary to these Terms and Conditions, the User Content may be blocked and made invisible to other Users, removed from the Service or otherwise have its visibility restricted. The Seller may also restrict monetisation of such Content.

  5. If the User uses the Service contrary to these Terms and Conditions, in addition to measures involving removal/blocking of Content or otherwise restricting its visibility and/or monetisation, the Seller may delete the User Account or temporarily or permanently prevent the User from using specified functionalities of the Service.

  6. The Seller is obliged to act with due diligence, objectively and proportionately, and with due regard for the rights and legitimate interests of all parties involved, including in accordance with freedom of expression and information and other fundamental rights and freedoms. The Seller shall inform the User of its decision and provide reasons for it.

  7. Where the measures referred to above are taken, the User affected by those measures may lodge an appeal in accordance with the rules described in this section [see: Appeal Procedure].

Reporting User Content

  1. Any person or entity may report to the Seller the presence in the Service of User Content which that person or entity considers to constitute illegal content within the meaning of the Digital Services Act (DSA).

  2. A report may be submitted by e-mail to the contact address indicated at the beginning of these Terms and Conditions, including by using the form constituting Appendix No. 4 to these Terms and Conditions.

  3. The report referred to above should contain:

  1. a sufficiently substantiated explanation of the reasons why the person or entity alleges that the User Content is contrary to these Terms and Conditions;

  2. an indication of the exact electronic location of the information, such as the exact URL, together with additional information enabling identification of the User Content, as appropriate to the type of User Content and the specific type of hosting service;

  3. the name and surname or name and e-mail address of the person or entity submitting the report, except in the case of a report concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU;

  4. a statement confirming the good-faith belief of the person or entity submitting the report that the information and allegations contained in it are accurate and complete.

  1. The report should make it possible to identify the reporting party; however, this is not mandatory unless identity is necessary to determine whether the relevant Content constitutes potentially illegal Content.

  2. Immediately after receiving the report referred to in paragraph 1, the Seller shall send the User an electronic confirmation of receipt of the report to the e-mail address provided, provided that the report contains contact details enabling such confirmation to be sent.

  3. If the report is incomplete or contains other errors preventing it from being considered, the Seller may ask the reporting party to supplement or correct the report, including in particular by confirming rights which may potentially have been infringed. Failure to supplement or correct the report within 14 days from the Seller’s request may constitute grounds for leaving the report unexamined.

  4. The Seller shall verify User Content in connection with a report without delay and no later than within 14 days from receipt of a report enabling it to be considered, unless, due to the type of illegal Content covered by the report and the urgency of the matter, verification should take place earlier, e.g. where the Content involves a threat to the life or safety of persons.

  5. The Seller shall carry out verification with due diligence.

  6. Reporting and verification of Content are intended to remove information regarded as illegal Content or disable access to it, subject to the proviso that such actions must not lead to excessive interference with the freedom of expression and information of other Users.

  7. During verification, the Seller is entitled to block User Content so that it becomes invisible to other Users or to take other measures described in this section.

  8. After verification, the Seller may permanently suspend or remove User Content as being contrary to these Terms and Conditions, otherwise restrict its visibility or monetisation, or determine that the User Content does not violate these Terms and Conditions. If the User Content was previously blocked and verification shows that it does not violate these Terms and Conditions,

  9. If the measures referred to above are taken, the Seller shall immediately notify both the reporting party and the User who posted the User Content, giving reasons for its decision.

  10. If the measures referred to above are taken or are not taken, the User who posted the relevant User Content or the reporting party may lodge an appeal in accordance with the rules described in this section [see: Appeal Procedure].

  11. Where, for technical or operational reasons, the Seller cannot remove particular information, the Seller shall inform the reporting party.

  12. The appeal shall be considered by the Seller. Appeals will not be considered by automated means.

Appeal Procedure

  1. Where:

a) the Seller has not blocked or removed User Content or restricted its visibility despite a report by another User or a third party;

b) User Content has been blocked or removed, or its visibility has been restricted, contrary to these Terms and Conditions;

c) the Seller has taken a decision to suspend or terminate provision of a service, in whole or in part;

d) the Seller has taken a decision to suspend or close an account;

e) the Seller has taken a decision to suspend, terminate or otherwise restrict the possibility of monetising information,

the User who submitted the User Content or the person who reported the User Content for verification may lodge an appeal.

  1. Every decision of the Seller referred to above must contain reasons enabling an appeal to be lodged, except where there are legal grounds for refusing to provide reasons for the decision. The statement of reasons must meet the requirements of the Digital Services Act (DSA) and include information such as:

a) an indication whether the decision involves removal of the User Content, disabling access to it, demotion or restriction of the visibility of the User Content, suspension or termination of monetary payments relating to such User Content, or imposes other measures referred to in these Terms and Conditions in relation to such User Content, and, where applicable, the territorial scope of the decision and the period for which it applies;

b) the facts and circumstances on the basis of which the decision was taken, including, where applicable, information as to whether the decision was taken on the basis of a report submitted by another User or third party or on the basis of voluntary own-initiative investigations carried out by the Seller and, where strictly necessary, the identity of the reporting party;

c) where applicable, information on the use of automated means in taking the decision, including information as to whether the decision was taken in relation to User Content detected or identified using automated means;

d) if the decision concerns potentially unlawful User Content, an indication of the legal basis on which the decision is based and an explanation of the reasons why the relevant User Content is considered unlawful on that basis;

e) if the decision is based on an alleged incompatibility of information with the terms of use of the services, an indication of the contractual basis on which the decision is based and an explanation of why the information is considered incompatible with that basis;

f) clear and user-friendly information on the possibilities available to the User or reporting party to appeal against the decision.

  1. An appeal may be submitted: a) electronically to: biuro@hocell.pl; b) by post to: Krakowska 4, 42-300 Myszków, Poland.

  2. The appeal should contain the information necessary for it to be considered, including, among others, identification and contact details of the appealing User and a detailed justification indicating the alleged irregularities in the Seller’s decision.

  3. The Seller shall immediately confirm receipt of the appeal electronically to the e-mail address provided.

  4. The appeal shall be considered within 14 days from the date on which it is submitted.

  5. Where the appeal contains sufficient grounds for determining that the Seller’s decision was incorrect/unjustified, the Seller shall immediately revoke its decision.

  6. The appeal shall be considered by the Seller / under the supervision of the Seller’s personnel.

§16. Final Provisions

  1. For the duration of a force majeure event, the Parties to the Agreement shall be released from all liability for non-performance or improper performance of the Agreement, provided that the circumstances constituting force majeure prevent performance of the Agreement. The above also applies during the period immediately preceding or immediately following a force majeure event if, during that period, the effects of the force majeure event prevent performance of the Agreement.

  2. “Force majeure” shall mean an accidental or natural event completely beyond the will and control of the Parties, which could not have been foreseen and could not have been prevented, including in particular events such as flood, burglary, war, an act of terrorism or declaration of a state of emergency.

  3. If the Customer is located outside the Seller’s country, the Customer should inform the Seller and provide information concerning their place of residence/registered office so that tax may be accounted for in accordance with the applicable regulations.

  4. When using the Products, it is prohibited to provide unlawful information or to act contrary to law, accepted standards of conduct or the personal rights of third parties.

  5. Amicable settlement of disputes and complaints. A Consumer may apply to:

    1. a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded Agreement;

    2. the regional inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable resolution of a dispute between the Customer and the Seller;

    3. a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection in order to obtain assistance concerning the Agreement.

  6. The Seller reserves the right to amend these Terms and Conditions for important reasons, including in particular changes in law to the extent that such changes require the Seller to amend these Terms and Conditions, including in particular amendments to the Civil Code, the Consumer Rights Act or the Act on Providing Services by Electronic Means, as well as on the basis of binding decisions of UOKiK, PUODO or court judgments to the extent corresponding to the issued decisions/judgments, and in the event of a material change in business factors, provided that there is a causal relationship between such change and a change in the costs of providing services by the Seller.

  7. Agreements concluded before new Terms and Conditions enter into force shall be governed by the version of the Terms and Conditions applicable on the date on which the Customer concluded the Agreement.

  8. Polish law shall apply, subject to paragraph 10.

  9. Polish courts shall have jurisdiction, subject to paragraph 10.

  10. Where the Customer is a Consumer, these Terms and Conditions do not deprive the Consumer of protection granted by the laws of the country of the Consumer’s habitual residence which cannot be excluded by agreement. Where the laws applicable in the Consumer’s country are more favourable to the Consumer and cannot be excluded by agreement, such laws shall apply to the Agreement concluded between the Customer and the Seller.

  11. The rules governing the processing of personal data are set out in the Privacy Policy.

  12. These Terms and Conditions shall apply from 2 April 2026.

Appendix No. 1 to the Terms and Conditions

Information on the Right of Withdrawal

You have the right to withdraw from this Agreement within 14 days without giving any reason.

The withdrawal period expires 14 days after the date on which the Agreement is concluded (in the case of service agreements) / the date on which you acquire physical possession of the goods or on which a third party other than the carrier and indicated by you acquires physical possession of the goods; in the case of goods delivered in separate lots or pieces, the period expires on the date on which you acquire physical possession of the last item.

In the case of agreements for the regular delivery of goods during a defined period, the period begins when you or a third party indicated by you, other than the carrier, acquires physical possession of the first item.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this Agreement by means of an unequivocal statement, for example a letter sent by post or e-mail.

Our contact details:

HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
NIP: 5772006011
REGON: 543760288
Address: Krakowska 4, 42-300 Myszków, Poland
E-mail: biuro@hocell.pl
Telephone: +48 668 470 370

You may use the model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this Agreement, we shall reimburse all payments received from you, including the costs of delivery of the goods (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to exercise the right of withdrawal from this Agreement.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent the goods back, whichever occurs first.

Please send back or hand over the Product to us without undue delay and in any event no later than 14 days from the day on which you informed us of your withdrawal from the Agreement. The deadline is met if you send back the goods before the 14-day period has expired.

You will have to bear the direct cost of returning the goods unless otherwise stated in the Offer.

You are only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

If you requested that provision of services begin during the withdrawal period, you shall pay us an amount proportionate to the services performed up to the time when you informed us of your withdrawal from this Agreement.

Appendix No. 2

Our contact details:

HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
NIP: 5772006011
REGON: 543760288
Address: Krakowska 4, 42-300 Myszków, Poland
E-mail: biuro@hocell.pl
Telephone: +48 668 470 370

MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the Agreement.)

I hereby withdraw from the Agreement dated ................. concerning / consisting of ............................................................

Customer’s full name and address: ............................................................................

Signature: ............................................................................
(only if this form is submitted on paper)

Date: ................................................................................

* Complete as applicable.

Appendix No. 3

Our contact details:

HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
NIP: 5772006011
REGON: 543760288
Address: Krakowska 4, 42-300 Myszków, Poland
E-mail: biuro@hocell.pl
Telephone: +48 668 470 370

COMPLAINT FORM

(Complete this form if you wish to submit a complaint concerning lack of conformity of the Goods with the Agreement.)

Order No.: ____________________
Order date: ____________________

Product: ______________________________________________
[product description]

I hereby inform you that the goods purchased by me do not conform to the Agreement.

The lack of conformity of the Goods with the Agreement consists of:

..................................................................................................................

The lack of conformity was identified on:

..................................................................................................................

In view of the above, I request:

..................................................................................................................
(state the claim/request)

Customer’s full name and address: ............................................................................

Signature: ............................................................................
(only if submitted on paper)

Date: ................................................................................

* Complete as applicable.

Appendix No. 4

If you notice illegal content, you may report it in accordance with these Terms and Conditions.

The controller of the personal data provided in this form is HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP: 5772006011, REGON: 543760288, address: Krakowska 4, 42-300 Myszków, Poland, e-mail: biuro@hocell.pl, telephone: +48 668 470 370. Personal data is processed for the purpose of handling the report pursuant to Article 6(1)(c) GDPR in conjunction with Article 16 DSA, in accordance with the Privacy Policy.

REPORT OF A VIOLATION CONCERNING USER CONTENT

Date: ............................................................

Reporting party’s details: ............................................................

E-mail address: ............................................................

The report of illegal content concerns Content which — tick as appropriate:

  • is terrorist in nature;

  • is contrary to law or accepted standards of conduct;

  • constitutes SPAM or repeatedly appears in the Service without a legitimate purpose;

  • is offensive, contains expressions regarded as hate speech or threats, or contains content inciting or encouraging violence, indicating harassment, or being racist, discriminatory or defamatory;

  • infringes or restricts the rights of third parties, in particular the right to privacy, image rights, the right to protection of personal data, trademarks or copyright;

  • is used to conduct competitive activity or constitutes an act of unfair competition;

  • is used to conduct prohibited advertising, promotional or marketing activities;

  • is used to carry out activities prohibited by law, e.g. financial fraud;

  • promotes a fascist or other totalitarian system of government;

  • defames or insults any person;

  • infringes the personal rights of any person;

  • contains vulgar language or other offensive content;

  • offends religious feelings.

Other circumstances justifying classification of the content as illegal:

..................................................................................................................

The illegal Content is located at the following address (provide the exact URL):

..................................................................................................................

Additional information / explanations concerning the illegal Content
(provide any additional information, circumstances or data that will enable us to consider the matter more effectively):

..................................................................................................................

Declaration of the Reporting Party

I declare that this report is submitted in good faith and in the belief that the information and allegations contained in the report are accurate and complete (Article 16(2)(d) of the Digital Services Act).

............................................................

Signature of the Reporting Party
(if applicable)