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.
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STORE REGULATIONS
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, 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 can contact the Seller by writing to the e-mail address: biuro@hocell.pl or by phone:
+48 668 470 370
In accordance with requirements, we have designated a contact point for direct communication with the
member state authorities, the Commission, the Digital Services Board, as well as with Users using the
Service. Quick and direct communication is possible by e-mail at the address given above.
§1 BASIC DEFINITIONS
Explanation of basic terms:
1. Price – the value expressed in monetary units that the Customer is obliged to pay, and in the
case of digital content/service – also the digital representation of value;
2. Business day - a day of the week from Monday to Friday, excluding public holidays;
3. Proof of payment – an invoice or receipt issued in accordance with the Act on tax on goods and
services (VAT) or based on other provisions of applicable law sent to the Customer;
4. Delivery – means the delivery of the Product to the Customer by the Seller;
5. Delivery Provider – the entity with which the Seller cooperates and whose task is to carry out
the delivery (detailed information regarding providers and delivery methods is specified on the Seller's site);
6. Customer – the entity that plans to make a purchase or makes a purchase of product(s), i.e. a natural
person with full legal capacity, and in cases provided for by generally applicable law also a natural person
with limited legal capacity, a legal person, and an organizational unit without legal personality to which
a separate act grants legal capacity – who 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 his/her
business/professional activity;
8. Offer – a sales proposal containing essential elements of the Product (e.g.. product description,
the Seller's individual proposal).
9. Entrepreneur – a natural person, legal person and an organizational unit without legal personality,
to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store;
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10. Entrepreneur with consumer rights – a natural person concluding a contract directly related
to his/her business activity, when from the content of that contract it follows that the contract does not
have a professional character for him/her, resulting in particular from the subject of the business activity
made available on the basis of the provisions on the Central Register and Information on Economic
Activity;
11. Product – Goods or Service offered by the Seller in the Store, intended for sale;
The Product is paid unless indicated otherwise;
12. Physical product – a product subject to physical shipment by post/courier or which can be
collected in person;
13. Regulations – these Terms defining the rules of using the Store, placing orders and the rules of
order fulfillment by the Seller;
14. Store/website/Service – the site where the Seller's activity is conducted, including e.g.. sale of products by the Seller or where the Seller's and Users' content is made available;
15. Goods – an item that is the subject of an agreement concluded between the Seller and the Customer;
17. Goods with digital elements - goods containing digital content or a digital service or connected with them
in such a way that the lack of digital content or digital service would prevent its proper functioning;
18. User Content - information shared, created and/or provided by the User as part of using the Service, e.g..:
a) reviews of Products, Services, the Service,
b) comments under content shared in the Service,
c) information contained in the User's account visible in the Service,
d) content of posts and comments in a Facebook group or on dedicated channels in social media,
e) creating notes within the platform,
f) information shared within the User Account available to other Users.
19. Durable medium – material or tool for storing information which allows access to that information
in the future (for the time necessary to achieve the purposes for which the information is used) and
enables reproduction of the stored information in an unaltered form;
20. Agreement – mutual arrangements of the Seller and the Customer specifying mutual rights and
obligations;
21. Service – a service provided by the Seller to the Customer.
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§2 PRINCIPLES OF COOPERATION AND CONCLUSION OF THE CONTRACT
1. The conditions for contract performance and cooperation rules are specified by these Regulations and the Offer.
2. The Regulations and the Offer do not exclude or limit the rights of a Customer who is a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.
3. In case of discrepancies between the content of the Regulations and the Offer, the Offer is binding.
4. The Agreement is concluded at the moment the Customer accepts the Regulations, makes the payment
and confirms placing the order by the Customer, subject to the provision below.
5. In situations where the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded at the moment of the Customer's acceptance of the Regulations and confirmation of placing the order by the Customer.
6. Payment shall be understood as the payment being credited by the Seller or the payment intermediary.
§3 PRICE
1. The price is the gross price and includes all taxes required by law, unless the Seller has clearly indicated that the price is net and VAT must be added to it.
2. The price does not include information regarding delivery costs or other costs that the Customer will be obliged to bear, about which the Customer will be informed before placing the order.
3. A reduced price is the price applicable as a result of a price reduction of the Product.
4. The lowest price is the lowest price for the Product that applied in the 30 days preceding the introduction of the reduction, and in the case of a product offered for sale for a period shorter than 30 days – the lowest price is the lowest price applicable from the day the Product started being offered until the day the reduction was introduced.
5. In the case of a price reduction for a Product that is perishable or has a short shelf life – alongside the price for the Product, the Seller also displays information about the price before the first application of the reduction.
6. In the event that the Seller uses a procedure of individual price adjustment based on automated decision-making, the Seller informs the Customer about this before placing the order.
§4 ORDER PLACEMENT RULES
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 services of the Przelewy24 Service to offer online payments.
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3. Payments can be made by traditional bank transfer, electronic transfer, debit or credit card, BLIK payment and via other payments offered by the Service, as well as cash on delivery (if this method has not been disabled for the purchase of a specific Product).
4. The Customer is obliged to make the payment immediately after placing the order, unless otherwise provided in the Offer or by the payment method selected by the Customer.
5. To purchase Products through the Store you must:
1) select the Product(s) you want to buy from the options available on the site by clicking the "add to cart" button or a similar button;
2) after selecting the Products, provide the required information (e.g. Customer details, payment method,
delivery method);
3) read the information about the total price for the selected Products, including delivery and other
additional costs resulting from the placed order;
4) accept the Regulations and the order, and also make the payment for the order in accordance with
the selected payment method. After placing the order, the Seller will send an order confirmation.
6. To purchase Products electronically, e.g. by e-mail or via messages through instant messengers or via an external program, you should:
1) select the Product(s) you want to buy and review the Offer;
2) after selecting the Products, provide the information required by the Seller (e.g. Customer data,
payment method, delivery method);
3) before accepting the order, read the information about the total price for the selected Products,
including delivery and other additional costs resulting from the placed order;
4) accept the terms of cooperation presented by the Seller as part of the order, including the
Regulations, and make the payment for the order in accordance with the selected payment method. After
placing the order, the Seller will send an order confirmation.
7. After concluding the Agreement, the Seller also sends the Customer its terms, unless they were provided before the conclusion of the Agreement.
8. The Seller has the right to cancel the order if the Customer does not make the payment within 3 Business days from the date of placing the order or in the event that the Customer fills in the order form in a way that makes its proper fulfillment impossible despite being asked to complete/correct the data under the penalty of order cancellation.
§5 ORDER FULFILLMENT RULES
Physical products
1. The time for order fulfillment, including delivery of the Products, depends on the time indicated by the Seller for order preparation, and then on the delivery time provided for the delivery method chosen by the Customer. Unless otherwise indicated in the Offer, the order preparation time is up to 7_ Business days, and the delivery time is from 3 days to 7 Business days.
2. The time for order fulfillment, including delivery of the Products, is counted from the day of contract conclusion.
3. The Seller informs the Customer about:
1) the time for order preparation 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 chosen by the Customer.
4. Delivery is carried out within Poland. In the case of deliveries outside Poland or other countries specified above, the Customer individually agrees the detailed delivery conditions with the Seller.
5. Delivery is made to the address indicated by the Customer in the order form or to the pick-up point indicated by the Customer – depending on the chosen delivery method.
6. In case of problems with delivering the shipment by the Delivery Provider, such as e.g.. the Customer's absence at the specified address, the Delivery Provider leaves a delivery notice at that address or arranges another date by e-mail/phone when delivery will be possible. If the order is not collected within the specified time, the order will be returned to the Seller. After return, a new delivery date will be agreed with the Customer and the costs of re-delivery will be specified.
7. The Customer should inspect the received order upon receipt of the shipment and in case of any irregularities – has the right to demand that the Delivery Provider draw up a receipt protocol.
§6 TECHNICAL CONDITIONS
1. The Customer may use the Store in accordance with the Regulations and applicable provisions.
2. The Seller states that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized acquisition and modification of Customers' data, therefore Customers should apply appropriate technical measures that will minimize the above-mentioned risks.
3. To use the Store or place an order, the Customer must have:
1) a current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
2) an active e-mail account.
4. If additional technical requirements must be met to use the Store or Products, the Customer will be informed of this before using the Store or before placing an order for the Product.
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§7 COPYRIGHT AND LICENSES
1. All materials made available by the Seller, including texts, photos, graphics, multimedia and
trademarks are works within the meaning of the Copyright and Related Rights Act, subject to legal protection.
2. Copyrights to the aforementioned materials are held by the Seller or another entity from which the Seller obtained an appropriate license. Materials may also be used by the Seller based on another legal basis.
3. All materials made available by the Seller may be used only by the Customer for personal use, unless otherwise stated in the Offer. Unauthorized further distribution, sharing, copying and downloading of materials in any way beyond the scope of permitted use is prohibited.
4. The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limitations result from the Offer or from these Regulations. The remuneration for granting the license is included in the price.
5. The Customer has the right to use the materials in the following fields of exploitation:
1) for recording and printing the work - digital recording on the User Account or in another manner permitted by the Seller; printing may be carried out for personal needs of using the materials;
2) modification of the work for personal needs to the extent resulting from the instructions, video instructions/comments.
6. In the event of a breach of the prohibition referred to in this paragraph, including infringement of copyright, the Seller has the right to claim compensation and redress from the Customer. The Customer may bear civil or criminal liability in this regard.
§8 COMPLAINTS AND WARRANTY
1. This chapter sets out the rules of liability for conformity of the performance with the Agreement
obliging to transfer ownership of the Goods to the Consumer and the Entrepreneur with consumer rights in respect of contracts concluded from January 1, 2023.
2. For contracts obliging to transfer ownership of goods, in particular sales contracts, delivery contracts and contracts for a work that is a good, the provisions of Book Three, Title II, Section XI of the Civil Code of April 23, 1964 do not apply, and only the Consumer Rights Act applies. Detailed information regarding the above rules is included in the Consumer Rights Act, and these Regulations are not intended to limit or change them.
3. If the Goods are not in conformity with the contract, the Customer may demand their repair or replacement or, in cases provided for in the Consumer Rights Act – also withdraw from the contract.
4. The Seller may carry out a replacement when the Customer requests a repair, or the Seller may carry out a repair when the Customer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen 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 contract. The Customer makes the Goods available to the Seller for repair or replacement.
5. If the Goods are not in conformity with the contract, the Customer may submit a statement on price reduction or withdraw from the contract when:
1) the Seller refused to bring the Goods into conformity with the contract or did not bring the Goods into conformity with the contract;
2) the lack of conformity of the Goods with the contract persists despite the Seller's attempts to bring the Goods into conformity with the contract;
3) the lack of conformity of the Goods with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
4) it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
6. The Customer may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant.
7. In the event of withdrawal from the contract, the Customer shall immediately return the Goods to the Seller at his own expense. The Seller shall refund the Customer the price immediately, but no later than within 14 days from the day of receipt of the Goods or proof of its dispatch.
8. The Customer may submit a complaint regarding the lack of conformity of the Goods with the contract by sending it to the Seller's address indicated in the Regulations (correspondence address or e-mail). The complaint should contain data enabling identification of the Customer, the subject of the complaint and requests related to the complaint. In the case of receiving an incomplete complaint preventing its consideration, the Seller shall call on the Customer to complete it under the penalty of leaving the complaint unexamined. The Customer may submit a complaint using the template constituting Annex No. 3 to these Regulations. This procedure applies accordingly to rights arising from §9 of the Regulations.
9. The Seller considers complaints within 14 days from the date of their receipt, unless otherwise provided by special provisions. The response will be sent to the Customer's e-mail address or in another way indicated by the Customer.
10. The provisions of this chapter do not apply to Goods that serve solely as a carrier of digital content.
11. In addition to rights under statutory liability, some Goods may be covered by a warranty. In such case, information concerning the warranty will be specified e.g.. in the Offer or in a separate document in accordance with the rules provided for in the Consumer Rights Act.
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§9 ADDITIONAL CUSTOMER RIGHTS REGARDING DIGITAL CONTENT/SERVICE
1. This chapter defines the rights of the Consumer and the Entrepreneur with consumer rights in the case of contracts for the supply of digital content/service concluded from January 1, 2023. Detailed information regarding Customer rights are defined by the Consumer Rights Act, and these Regulations are not intended to limit or change them.
2. If the digital content or digital service does not conform to the contract, the Customer may demand bringing it into conformity with the contract or submit a statement on price reduction or withdraw from the contract.
3. The Seller may refuse to bring the digital content or digital service into conformity if bringing them into conformity in the manner chosen by the Customer is impossible or would involve excessive costs for the Seller.
4. If the digital content or digital service does not conform to the contract, the Customer may submit a statement on price reduction or withdraw from the contract when:
1) bringing it into conformity with the contract is impossible or would involve excessive costs;
2) the Seller did not bring the digital content or digital service into conformity with the contract;
3) the lack of conformity persists despite the Seller's attempts to bring the digital content or digital service into conformity with the contract;
4) the lack of conformity of the digital content or digital service with the contract is so significant that it justifies an immediate price reduction or withdrawal from the contract;
5) it clearly follows from the Seller's statement or circumstances that he will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the Customer.
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5. The Customer may not withdraw from the contract if the digital content or digital service is supplied in exchange for payment and the lack of conformity with the contract is insignificant.
6. If the Customer did not receive the digital content or digital service, the Customer informs the Seller. In case of their non-delivery immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the contract.
7. The Customer may withdraw from the contract without calling for delivery of the digital content or digital service if:
1) the Seller stated or it clearly follows from the circumstances that he will not deliver the digital content or digital service or
2) the parties agreed or it clearly follows from the circumstances of the contract that the delivery deadline of the digital content or digital service was of material importance to the Customer, and the Seller did not deliver it within that deadline.
8. The provisions of this chapter do not apply if the contract provides for the supply of digital content by means of a tangible carrier.
§10 WITHDRAWAL FROM THE CONTRACT
1. This chapter sets out the rules for withdrawal from the contract by the Consumer and Entrepreneurs with consumer rights.
2. The Customer who is a Consumer or an Entrepreneur acting with consumer rights has the right to withdraw from the contract within 14 days, subject to the provisions below. To exercise the right to withdraw from the contract, the Customer should inform the Seller of this by an unequivocal statement, sending e.g. an e-mail or a letter to the address indicated in the Regulations. More information about the right of withdrawal is contained in Annexes 1 and 2 to the Regulations.
3. The right to withdraw from the contract does not apply to contracts for:
1) the provision of services for which the Customer is obliged to pay if the Seller has fully performed the service with the Customer's express prior consent, who was informed before the commencement of the provision that after the Seller has performed the service he would lose the right to withdraw from the contract, and acknowledged this;
2) the supply of digital content not provided on a tangible medium, for which the Customer is obliged to pay if the Seller started to provide it with the Customer's express prior consent, who was informed before the commencement of the provision that after the Seller has performed the service he would lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the Customer with confirmation of receipt of the consent;
3) the subject of the performance is a non-prefabricated good, produced according to the Customer's specification or serving to satisfy his/her individualized needs (so-called custom-made goods);
4) the subject of the performance is a good subject to rapid deterioration or having a short shelf life;
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5) the subject of the performance is a good supplied in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
6) the subject of the performance are audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
7) the subject of the performance is the supply of newspapers, periodicals or magazines, except for a subscription contract;
8) the subject of the performance are alcoholic beverages whose price was agreed upon at the conclusion of the sales contract and which may only be delivered after 30 days and whose value depends on fluctuations in the market beyond the Seller's control;
9) the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur's control, which may occur before the withdrawal period expires;
10) the conclusion took place by public auction;
11) the subject of the performance are things which, after delivery, due to their nature, become inseparably mixed with other things,
12) the provision of services for which the Customer is obliged to pay in cases where the Customer expressly requested that the Seller come to him/her to perform a repair, and the service has already been fully performed with the Customer's express prior consent.
4. The Customer referred to in paragraph 1 is responsible for the decrease in the value of the Product resulting from using it in a way exceeding what is necessary to ascertain its nature, characteristics and functioning.
5. In case of withdrawal from a contract for the supply of digital content or a digital service, the Customer refrains 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 launched for the Customer by the Seller to use the Seller's Products after the Customer's registration and conclusion of a free contract for creating and maintaining the User Account, hereinafter referred to as the Account. The contract for creating and maintaining the User Account is concluded for an indefinite period.
2. The Customer may not share the User Account with third parties or hold multiple User Accounts.
3. Creating a User Account is necessary to gain access to the User Account, place an order and to gain access to the Product, if the Product is made available on the User Account.
4. The Seller sends information about the User Account to the e-mail address provided by the Customer. The Customer sets an individual password for the Account. The Customer is obliged to set an individual password also in cases where for the purpose of registering the User Account the password is generated automatically by the system. After registering the Account, the Customer should immediately set a new password.
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5. The Customer may request deletion of the User Account from the Seller by e-mail or in another manner accepted for communication with the Seller with a 14-day notice period without giving a reason.
6. Deleting the User Account may result in loss of access to Products made available within the User Account.
7. The Seller may terminate the contract for creating and maintaining the User Account:
1) for important reasons with a 14-day notice period (applies to a Customer who is a Consumer or an Entrepreneur with consumer rights); by important reason is meant in particular breach by the Customer of the provisions of the Regulations or legal provisions, as well as actions by the Customer contrary to good practice;
2) without giving a reason with immediate effect (applies to a Customer who is not a Consumer or an Entrepreneur with consumer rights).
§12 LIKENESS
1. The Customer is aware that the likeness of a Participant provided by him/her as part of cooperation with the Seller may be processed by the Seller, including recorded and disseminated for educational, archival and purposes related to the performance of the Agreement.
2. By providing his/her likeness to the Seller in any other way, the Customer consents to the recording, use and dissemination by the Seller of the Participant's likeness in the form of recordings/photos from an online transmission/course of cooperation for the purposes indicated in paragraph 1.
3. Processing of the Customer's/Participant's likeness for marketing and promotional purposes requires a separate consent.
4. The likeness referred to above may be used for various forms of electronic processing, cropping and composition, as well as combined with images of other persons participating in the online transmission, and the film and audio recording with his/her participation may be cut, edited, modified, added to other materials created in the course of the Seller's activities. The consent covers all forms of publication.
5. The Customer may not record, use or disseminate the likeness of other participants/persons leading without the prior consent of those persons.
§13 DETAILED PROVISIONS REGARDING ENTREPRENEURS
1. The provisions set out in this paragraph apply to an Entrepreneur who is not an Entrepreneur with consumer rights.
2. The competent court to resolve any disputes between the Seller and an Entrepreneur who is not an Entrepreneur with consumer rights is the court competent for the Seller's seat.
3. An Entrepreneur who is not an Entrepreneur with consumer rights is obliged to inspect the shipment upon receipt. In case of visible defects and damages – the Entrepreneur is obliged to draw up a receipt protocol. If the above formalities are not performed, the Seller is not liable for defects and damages to the Product that occurred from the moment the Delivery Provider accepted it until its release to the Entrepreneur, as well as for delays in transport of the shipment.
4. The parties exclude the Seller's liability for non-conformity of the Goods with the contract/defects in respect of an Entrepreneur who is not an Entrepreneur with consumer rights.
5. The Seller has the right to terminate the contract with an Entrepreneur who is not an Entrepreneur with consumer rights with immediate effect. To this end, the Seller sends the Entrepreneur a statement regarding termination to the e-mail address or correspondence address. The Entrepreneur waives any claims in this regard.
6. The Seller is not liable for lost profits in relation to an Entrepreneur who is not an Entrepreneur with consumer rights.
§14 PRODUCT REVIEWS
1. Reviews regarding Products published by the Seller are verified by the Seller.
2. Verification is carried out e.g.. by comparing personal data or cooperation details with the data and information held by the Seller regarding Customers who have previously used the Seller's Products, as well as by direct contact with the said person to thank them for the review or by sending Customers a dedicated link to leave a review.
3. In case of doubts as to whether a review originates from a person using the Seller's Products, that review is not published by the Seller.
4. Published reviews aim to present the benefits associated with using the Seller's Products, which benefits have been noticed by previous Customers.
5. The Seller does not use sponsored or barter reviews.
§15 USER CONTENT
Prohibited User Content
1. It is prohibited for the User to post Content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or otherwise violates the Regulations.
2. By "illegal Content" is meant illegal content, products, services and activities.
3. The User may not post Content that:
1) is of a terrorist nature,
2) is contrary to law or good manners,
3) has the nature of SPAM or repeatedly appears in the Service without a justified purpose;
4) is offensive, contains expressions considered hate speech, threats, as well as incitement to violence or content that promotes it, content indicating harassment, racist, discriminatory or defamatory content,
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5) violates or limits the rights of third parties, in particular the right to privacy, the right to likeness, the right to personal data protection, trademarks or copyrights;
6) serves to conduct competitive activities or constitutes an act of unfair competition,
7) serves to conduct unauthorized advertising, promotional, marketing activities;
8) serves to conduct activities prohibited by law, e.g. financial frauds;
9) promotes fascist or other totalitarian state systems;
10) defames or insults any person;
11) violates personal rights of any person;
12) contains vulgarities or other offensive content;
13) offends religious feelings.
4. The Seller is not liable for User Content posted in the Service, provided that the Seller:
1) does not have actual knowledge of the illegal activity or illegal User Content, and in relation to compensation claims – does not know the factual circumstances which obviously indicate illegal activity or illegal User Content; or
2) promptly takes appropriate actions to remove or disable access to illegal User Content or otherwise limit its visibility or monetization when it obtains such knowledge or notice.
5. The Seller is obliged to notify the relevant services/law enforcement authorities if the User may have committed, is committing or may commit a crime threatening the life or safety of a person/people and provide all available information on the matter.
Moderation of User Content
6. The Seller may verify User Content at any time.
7. The Seller conducts verification with due diligence, objectively and proportionally and with proper consideration of the rights and legally justified interests of all parties involved, including respect for the fundamental rights of service recipients, such as freedom of expression, freedom and pluralism of media and other fundamental rights and freedoms.
8. Verification may be preventative or subsequent, i.e. after publication of the Content - depending on the type of User Content and provided functionalities.
9. If non-compliance of User Content with the Regulations is detected, the User Content may be blocked and made invisible to other Users or removed from the Service or otherwise its visibility may be limited. The Seller may also limit monetization of such Content.
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10. If the User uses the Service contrary to the Regulations, in addition to actions regarding removal/blocking of Content or otherwise limiting their visibility and/or monetization, the Seller may delete the User Account or temporarily or permanently prevent the User from using certain Service functionalities.
11. The Seller is obliged to act with due diligence, objectively, proportionally and with due consideration of the rights and legally justified interests of all parties involved, including in accordance with freedom of expression and information and other fundamental rights and freedoms. The Seller informs about its decision indicating its justification.
12. In case of actions referred to above, the User affected may file an appeal according to the rules described in this paragraph [see Appeal Procedure].
Reporting User Content
13. Any person or entity may report to the Seller the presence in the Service of User Content which that person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).
14. The report may be made by e-mail to the contact address provided in the introduction to the Regulations, including by using the form constituting Annex No. 4 to the Regulations.
15. The report referred to above should include:
1) a justified explanation of the reasons why the person or entity alleges that the User Content is inconsistent with the Regulations;
2) indication of the exact electronic location of the information, such as the exact URL address and additional information enabling identification of the User Content, appropriate to the type of User Content and the specific type of hosting service;
3) the first and last name or the name and e-mail address of the person or entity making the report, except for a report concerning information considered related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU;
4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
16. The report should allow identification of the reporter, however this is not mandatory unless identity is necessary to determine whether the content may be potentially illegal.
17. Immediately after receiving the report referred to in paragraph 1, the Seller sends the User confirmation of receipt of the report — electronically, to the provided e-mail address (if the report contains contact information allowing confirmation to be sent).
18. If the report is incomplete or contains other errors preventing its consideration, the Seller may ask the reporter to supplement or correct the report, in particular when it concerns e.g.. confirmation of rights allegedly being infringed. Failure to supplement or correct the report within 14 days from the Seller's request may be a basis for leaving the report unexamined.
19. Verification of the User Content by the Seller in connection with the report is carried out without undue delay, no later than within 14 days of receipt of the report allowing its consideration, unless due to the type of illegal Content covered by the report and the urgency of actions, verification should be carried out earlier (e.g. when the Content involves a threat to life or safety of persons).
20. The Seller conducts the verification with due diligence.
21. Reporting and verification of Content aims to remove information considered illegal Content or to disable access to it, provided that it cannot lead to excessive infringement of freedom of expression and information of other Users.
22. During verification, the Seller is entitled to block User Content so that it becomes invisible to other Users or to take other actions described in this chapter.
23. After verification, the Seller may permanently suspend or remove User Content as violating the Regulations or otherwise limit its visibility or monetization, or find that the User Content does not violate the Regulations. If the User Content was previously blocked and after verification it turned out that it does not violate the Regulations,
24. In the event of taking the actions referred to above, the Seller immediately notifies both the reporter and the User who posted the User Content, providing justification for its decision.
25. In the event of taking the actions referred to above or failing to take them, the User who posted the User Content or the reporter may file an appeal under the rules described in this paragraph [see Appeal Procedure]
26. If for technical or operational reasons the Seller cannot remove certain information, the Seller informs the reporter about this.
27. The appeal will be considered by the Seller. Appeals will not be processed in an automated manner.
Appeal procedure
28. If:
a) the Seller did not block or remove the User Content or did not limit its visibility despite a report from another User or third party;
b) the User Content was blocked or removed or its visibility was limited contrary to the provisions of the Regulations;
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c) the Seller made a decision to suspend or terminate the provision of the service, in whole or in part,
d) the Seller made a decision to suspend or close an account
e) the Seller made a decision to suspend, terminate or otherwise limit the possibility of monetizing information,
the User who provided the User Content or the person who reported the User Content for verification may file an appeal.
29. Each decision of the Seller referred to above must contain a justification that will enable filing an appeal, except where there are legal grounds to refuse to provide the justification. The justification must meet the requirements provided for in the Digital Services Act (DSA) and include information such as:
a) an indication of whether the decision involves removal of the User Content, disabling access to it, de-ranking or limiting visibility of the User Content or suspension or termination of monetary payments related to such User Content or imposes other measures referred to in the Regulations in relation to that User Content, and, where appropriate, the territorial scope of the decision and its duration;
b) facts and circumstances on the basis of which the decision was made, including, where appropriate, information whether the decision was made based on a report by another User or third party, or on the basis of voluntary checks carried out on the Seller's own initiative and, where absolutely necessary, the identity of the reporter;
c) where appropriate, information on the use of automated means during decision-making, including whether the decision was made 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 explanations as to why that legal basis is considered to render the User Content unlawful;
e) if the decision is based on an alleged inconsistency of information with the terms of use of services, an indication of the contractual basis on which the decision is based and explanations as to why the information is considered inconsistent with that basis;
f) clear and user-friendly information about the possibilities for the User or the reporter to appeal the decision.
30. An appeal can be submitted: a) electronically to: biuro@hocell.pl b) by correspondence
- to Krakowska 4, 42-300 Myszków.
31. The appeal should contain the necessary information allowing its consideration, including e.g..
the identification and contact details of the appealing User and a detailed justification indicating the irregularities in the Seller's decision.
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32. The Seller immediately confirms receipt of the appeal electronically to the indicated e-mail.
33. The appeal is considered within 14 days from the date of submission.
34. If the appeal contains sufficient grounds to recognize that the Seller's decision is incorrect/unjustified, the Seller immediately overturns its decision.
35. The appeal will be considered by the Seller/under the supervision of the Seller's personnel.
§16 FINAL PROVISIONS
1. During the force majeure, the Parties to the contract shall be released from all liability for its non-performance or improper performance, if the circumstances of the force majeure event constitute an obstacle to performance of the contract. The above shall also apply to the period immediately preceding or immediately following the occurrence of the force majeure, if during such period the effect of the force majeure constitutes an obstacle to the performance of the contract.
2. "Force majeure" means an event of a random or natural character, completely independent of the will and actions of the Parties, which could not have been foreseen and could not have been prevented, in particular events such as: flood, burglary, war, act of terror, imposition of a state of emergency.
3. If the Customer is from a country other than the Seller's, the Customer should inform the Seller of this, indicating information about his/her place of residence/seat so that tax settlement can be made in accordance with the regulations applicable to him/her.
4. When using the Products, it is prohibited to provide unlawful information and to act in a manner contrary to the law, good manners or infringing the personal rights of third parties.
5. Amicable dispute resolution and complaints handling. The Consumer may turn to:
1) a permanent amicable consumer court with a request to resolve the dispute arising from the concluded contract;
2) the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding an amicable resolution of the dispute between the Customer and the Seller;
3) the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection to obtain assistance in matters concerning the contract.
6. The Seller reserves the right to introduce changes to the Regulations for important reasons, in particular due to changes in legal provisions to the extent that such changes force the Seller to also amend the content of these Regulations, in particular changes in the Civil Code, the Consumer Rights Act, the Act on providing services electronically, as well as pursuant to binding decisions of UOKIK, PUODO or court rulings to the extent corresponding to the issued decisions/rulings and in the event of a significant change in business factors, provided that there is a causal link between the aforementioned change and the change in the costs of providing services by the Seller.
7. For contracts concluded before the entry into force of the new Regulations, the version of the Regulations applicable on the date the Customer concluded the Agreement shall apply.
8. The governing law is Polish law, subject to paragraph 10.
9. The competent court is the Polish court, subject to paragraph 10.
10. In the case of a Customer who is a consumer, the provisions of the Regulations do not deprive the consumer of protection granted by the laws of the country of his/her habitual residence which cannot be excluded by contract. If the laws applicable in the consumer's country are more favorable to him/her and cannot be excluded by contract, they shall apply to the contract concluded between the Customer and the Seller.
11. The rules concerning the processing of personal data are regulated in the Privacy Policy.
12. The Regulations are effective from April 2, 2026.
Annex No. 1 to the Regulations
INFORMATION ABOUT THE RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day of conclusion of the contract (in the case of contracts for the provision of services)/ from the day you acquire physical possession of the goods or a third party other than the carrier and indicated by you acquires physical possession of the goods, and in the case of goods supplied in multiple consignments – on the day you acquire the last of the goods. In the case of contracts for the regular supply of goods for a specific period – upon taking possession of the first good by you or a third party indicated by you (other than the carrier).
To exercise the right of withdrawal you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or e-mail).
Our contact details: HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, TAX ID:
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 it is not obligatory.
To meet the withdrawal deadline it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal from the contract
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (except for additional 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 not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such 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 you have supplied evidence of having sent back the goods, whichever is the earliest.
Please send back or return the Product to us without undue delay and in any event not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days 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 the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
If you requested to begin the performance of services before the withdrawal period has expired, you shall pay us an amount proportionate to the part of the services provided up to the moment you informed us of your withdrawal from this contract.
Annex No. 2
Our contact details: HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, TAX ID:
5772006011, REGON: 543760288, address: Krakowska 4, 42-300 Myszków, Poland, e-mail:
biuro@hocell.pl, telephone: +48 668 470 370
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service*
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Name and address of Customer* … Signature*… (if form is notified on paper)
Date .........................................................
* fill in
Annex No. 3
Our contact details: HOCELL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, TAX ID:
5772006011, REGON: 543760288, address: Krakowska 4, 42-300 Myszków, Poland, e-mail:
biuro@hocell.pl, telephone: +48 668 470 370
COMPLAINT FORM
(fill in the form if you wish to submit a complaint regarding non-conformity of the Goods with the Agreement)
Regarding order no: _________ of date ____
Regarding product: _____________ [product description]
I inform you that the goods purchased by me are not in conformity with the contract. The non-conformity of the Goods with the contract consists in: _____________ The non-conformity was detected on _______________
Due to the above, I request: _____________ (indicate the claim).
Name and address of Customer* … Signature*… (if sent on paper)
Date ......................* fill in
Annex No. 4
If you have noticed illegal content, you may report it in accordance with the terms of our
Regulations.
*The administrator of personal data provided in the form is HOCELL SPÓŁKA Z
OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, TAX ID: 5772006011, REGON: 543760288, address:
Krakowska 4, 42-300 Myszków, Poland, e-mail: biuro@hocell.pl, telephone: +48 668 470 370 The personal data are processed for the purpose of handling the report on the basis of Art. 6(1)(c) of the GDPR in connection with Art. 16 of the DSA in accordance with the Privacy Policy.
REPORT OF AN INFRINGEMENT CONCERNING USER CONTENT
Date: ………………………
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Reporter details: ...................................................
E-mail address: ..............................................................
The report of illegal content concerns Content which Tick as appropriate:
are of a terrorist nature,
are contrary to law or good manners,
have the nature of SPAM or repeatedly appear in the Service without a justified purpose;
are offensive, contain expressions considered hate speech, threats, as well as
when they contain content inciting violence or promoting it, content indicating harassment,
racist, discriminatory or defamatory content,
violate or limit the rights of third parties, in particular the right to privacy, the right
to likeness, the right to personal data protection, trademarks or copyrights;
are used to carry out competitive activities or constitute an act of unfair competition,
are used to carry out unauthorized advertising, promotional, marketing activities;
are used to carry out actions prohibited by law, e.g. financial frauds;
promote a fascist or other totalitarian state system;
defame or insult any person;
violate personal rights of any person;
contain vulgarities or other offensive content;
offend religious feelings.
Other circumstances justifying the recognition of the content as illegal:
……………………………………………………………………………………………………………………
Illegal Content is located at (indicate the specific URL):
……………………………………………………………………………………………………………………
Additional information/explanations regarding the illegal Content (give additional
information/circumstances/data that will help us examine the matter better, indicate them here):
……………………………………………………………………………………………………
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Statement of the Reporter:
I declare that the report is made in good faith and with the belief that the information and
allegations contained in the report are correct and complete (Art. 16(2)(d) of the Digital Services Act).
…………………..
Signature of the Reporter
(if applicable)
