Terms and conditions of the Hemar Family Online Shop

§1. Company information

The online shop operating at toys.hemar.com.pl is operated by Hemar Family 1982 Sp. z o.o., based in Wola Hankowska, Dworska 12, 42-233 Mykanów, registered under KRS 0001140185, NIP 5732481160, REGON 151998926;

tel. (+48) 34 3287099, fax (+48) 34 3287036, e-mail: office@hemar.com.pl, hemar@hemar.eu

§2 General conditions

All prices given in the online shop are expressed in Polish currency and are gross prices (including VAT). Product prices listed do not include the cost of delivery, which is added automatically when you add products to your basket and proceed to checkout. The prices given next to each product are binding at the time of placing the order and are valid until the order is fulfilled.
The Seller ensures to the Buyer using the system that the shop works correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024px. The use of third-party software affecting the functioning and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the shop, therefore in order to obtain full functionality of the shop, all of them should be disabled. 

The buyer can use the option of the shop remembering his/her data in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his/her account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorised access by third parties. The Buyer has the possibility to access, correct, update and delete his/her account at any time.
The Seller complies with the Code of Good Practice.

All materials, including photos, graphics and texts published on zabawki.hemar.com.pl are the property of Hemar Family 1982 sp. z o.o. and are protected under the Act of 4 February 1994 on Copyright and Related Rights. Copying, distributing, reprinting or using any materials for commercial purposes without the written consent of Hemar Family 1982 sp. z o.o. is prohibited and constitutes a violation of copyright law, which may result in civil and criminal liability.

§3 Orders

In order to conclude a sales agreement via the online shop toys.hemar.com.pl, the Buyer should perform at least the following actions, some of which may be repeated several times:,
adding goods to the basket,
choosing the type of delivery,
choosing the type of payment,
choice of place of delivery of the goods,
place the order by using the "order with obligation to pay" button.
The Seller reserves the right to cancel an order which has not been received or paid for by the Buyer within 14 days of its placement.
The contract of sale is concluded when the order is placed by the Buyer.

An order paid on delivery is realised immediately, and an order paid by bank transfer or through an electronic payment system is realised after the Buyer's payment is credited to the Seller's account. The purchased goods are shipped with a sales document selected by the Buyer to the place of delivery indicated in the order.

§4 Shipping and delivery

Goods ordered in online shop toys.hemar.com.pl are delivered by courier service to the address indicated in the order form. It is also possible to collect the ordered goods in person at our company's headquarters.
The maximum lead time is 5 working days. If you choose cash on delivery, the goods are sent within 3 working days from the day you place your order and if you pay by traditional or electronic transfer, the goods are sent within 3 working days from the day the payment is credited to our account.
Delivery is made by courier service - the delivery time is maximum 2 working days.
The cost of delivery is paid by the customer. It is calculated automatically when you add products to your basket and proceed to the checkout. Its amount depends on the form of payment and the size of the order.

§5 Payment methods

Payment for purchases in the online shop toys.hemar.com.pl can be made as follows:

before delivery of the goods to the customer (prepayment):
by bank transfer to the bank account of Hemar Family 1982 Sp. z o.o., Wola Hankowska, ul. Dworska 12, 42-233 Mykanów; BNP Paribas Bank Polska S.A.
19 1600 1097 0002 3405 5305 1001

by electronic transfer or by credit card via Przelewy24.pl

at the time of collecting the goods:
cash on delivery - you pay the amount due for the goods including the cost of delivery at the time of collecting the parcel from the courier,

cash on delivery at the company's headquarters.

The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

§6 Right of withdrawal

The consumer has the right to withdraw from the contract within 14 days without giving any reason.
The deadline for withdrawal expires after 14 days from the day on which the Consumer took possession of the item or on which a third party other than the carrier and indicated by the Consumer took possession of the item.

In order to exercise the right of withdrawal, the Seller must be informed: Hemar Family 1982 Sp. z o.o. with its registered office in Wola Hankowska, 12 Dworska Street, 42-233 Mykanów, fax (+48) 34 3287036, e-mail: hemar@hemar.com.pl of your decision to withdraw from the contract by an unequivocal statement (letter sent by post, fax or e-mail).
Sending a statement concerning the exercise of your right of withdrawal before its expiry shall be sufficient to meet the withdrawal deadline.

§7 Effects of withdrawal

In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he or she has withdrawn from the contract. In order to meet the deadline it is sufficient to send the item back before its expiry.
The consumer shall send back the items being the subject of the contract from which he has withdrawn at his own cost and risk.The consumer shall not bear the costs of supplying digital content which is not recorded on a tangible medium if he has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time of giving such consent or the trader has not provided confirmation in accordance with Articles 15(1) and 21(1) of the Consumer Rights Act.
The consumer shall be liable for any diminution in the value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
The Seller shall be obliged to return all payments received from the Consumer, including the costs of delivering the thing promptly, and in any case no later than 14 days from the day on which it was informed of the Consumer's decision to exercise the right of withdrawal.
The Seller shall not be obliged to reimburse the Consumer the additional costs of sending the goods if the Consumer has chosen a method of delivering the thing other than the cheapest ordinary method of delivery offered by the Seller.
Reimbursement shall be made using the same means of payment as those used in the original transaction, unless the Consumer expressly agrees otherwise; in any event, the Consumer shall not incur any fees related to the reimbursement.The seller has the right to withhold reimbursement until it has received the item or until it has provided proof of return, whichever event occurs first.
The consumer shall have no right of withdrawal:
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
in which the object of the performance is a non-refabricated item produced to the consumer's specifications or serving to meet his individual needs;
where the object of the performance is an item that is liable to deteriorate or has a short shelf life;
where the object of the performance is an item supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery;
where the object of the performance is the provision of goods which, by their nature, are inseparable from other goods after delivery;
where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;

for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's prior express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
Return of goods should be made to the following address: Hemar Family 1982 Sp. z o.o. with its registered office in Wola Hankowska, 12 Dworska St., 42-233 Mykanów, immediately, and in any case no 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 the item back before the expiry of the 14-day period.

§8 Warranty

The seller is obliged and undertakes to provide services and goods free from defects. Please be informed that the colour layout of the toys may differ from the pictures.
The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability for physical and legal defects to Buyers who are not Consumers (warranty).
The Seller shall be liable to the Buyer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is found before the lapse of a year from the moment of issuing the item, it is assumed that the defect existed at the moment when the danger passed to the Consumer.

If the sold thing has a defect, the consumer may:
make a declaration requesting a price reduction;
make a declaration on withdrawal from the contract;
unless the Seller shall immediately and without undue inconvenience for the Consumer replace the defective thing with a thing free of defects or remove the defect. However, if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or to remove the defect, the Consumer shall not be entitled to replace the thing or remove the defect.

The Consumer may, instead of the removal of defects proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item to conformity with the agreement in a manner selected by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller, while assessing the excessive costs, the value of a defect-free item, type and significance of the defect found, as well as inconvenience to which the Consumer would be exposed by another manner of satisfaction shall be taken into account.
The Consumer may not withdraw from the contract if the defect is immaterial.
If the sold thing has a defect, the consumer may also:
demand that the thing be replaced by a defect-free one;
demand that the defect be removed.

The Seller is obliged to replace the defective thing with a defect-free one or remove the defect within 30 days without excessive inconvenience for the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective thing to conformity with the contract in a manner chosen by the Consumer is impossible or in comparison with the other possible manner of bringing it to conformity with the contract would require excessive costs.
If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after the replacement with a defect-free one or removal of the defect, however, the Consumer is obliged to bear a part of related costs exceeding the price of the sold thing or may demand from the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. If the Seller fails to perform the obligation, the Consumer is entitled to perform these actions at the Seller's expense and risk.
A Consumer exercising warranty rights is obliged to deliver the defective item at the Seller's expense to the complaint address, and if the delivery of the item by the Consumer would be excessively difficult due to the type of the item or the way it is installed, the Consumer is obliged to make the item available to the Seller at the place where the item is located. If the Seller fails to fulfil his obligation, the Consumer is entitled to send the item back at the Seller's expense and risk.The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in para. 11 par.8.The Seller is obliged to accept the defective item from the Consumer if the item is replaced with a defect-free item or if the Consumer withdraws from the agreement.
The Seller shall respond within fourteen days to:
a statement requesting a price reduction;
a request to withdraw from the contract;
a request to replace the item with a defect-free item;
a request for defect removal.
Otherwise, he shall be deemed to have acknowledged the Consumer's statement or demand as legitimate.The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the moment the thing is handed over to the Consumer, and if the object of sale is a used thing before the expiry of one year from the moment the thing is handed over to the Consumer.
The Consumer's claim to rectify the defect or replace the sold item with a defect-free item shall become time-barred after one year, counting from the day the defect was found, however not earlier than before the lapse of two years from the moment the item was handed over to the Consumer, and if the subject of the sale is a used item before the lapse of one year from the moment the item was handed over to the Consumer.

In the event that the shelf life of the item specified by the Seller or the manufacturer expires more than two years after the item was handed over to the Consumer, the Seller shall be liable under warranty for any physical defects of the item found before the expiry of that period.Within the time limits specified in par.8 para.16-18 the Consumer may submit a declaration on withdrawal from the contract or reduction of the price due to a physical defect of the thing sold, and if the Consumer has requested the replacement of the thing with a defect-free one or removal of the defect, the time limit for submitting a declaration on withdrawal from the contract or reduction of the price shall commence upon ineffective expiry of the time limit for replacement of the thing or removal of the defect.If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the proceedings are legally concluded. The same applies to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled begins to run from the date of the court's refusal to approve the settlement reached before mediation or the ineffective termination of mediation.

For the exercise of warranty rights for legal defects of the thing sold, par. 8 par.16-17, except that the time limit begins to run from the day on which the Consumer became aware of the existence of the defect, and if the Consumer only became aware of the existence of the defect as a result of an action by a third party - from the day on which the ruling issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has made a declaration on withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by entering into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, carriage, storage and insurance of the goods, reimbursement of the expenditures made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the duty to compensate for damage under the general rules.
The expiry of the required period for ascertaining the defect shall not exclude the exercise of warranty rights if the seller has fraudulently concealed the defect.The Seller shall, insofar as he is obliged to provide a service or financial performance to the Consumer, perform it without undue delay, no later than within the period prescribed by law.

§9 Privacy policy and security of personal data

The administrator of the personal data bases provided by the Buyer is the Seller.
The Seller undertakes to protect personal data in accordance with the Act of 29 August 1997 on the protection of personal data and the Act of 18 July 2002 on electronic services.

By providing his or her personal data to the Seller when placing an order, the Buyer agrees to have it processed by the Seller for the purpose of completing the order placed. The buyer has the right to access, correct, update and delete their personal data at any time.
The detailed principles of collecting, processing and storing personal data used for the fulfilment of orders by the shop are described in the Privacy Policy.

§10 Transfer details

Hemar Family 1982 Sp. z o.o., Wola Hankowska, ul. Dworska 12, 42-233 Mykanów;

BNP Paribas Bank Polska S.A.

19 1600 1097 0002 3405 5305 1001

Please state the order number in the title of the transfer.

§11 Final provisions

Placing an order is tantamount to accepting these terms and conditions.
The content of the Rules and Regulations is binding for the parties in accordance with the current wording from the moment of placing an order by the Buyer.Nothing in these terms and conditions is intended to infringe the Buyer's rights. Neither can it be interpreted in this way, because in the case of any part of the regulations being inconsistent with the applicable law, the Seller declares his absolute compliance and application of this law in place of the contested provision of the regulations.
Registered Buyers will be notified of changes to the regulations by e-mail (to the e-mail indicated when registering or ordering). The notification will be sent as soon as possible before the new regulations come into effect. Amendments will be made to adapt the rules and regulations to the current legal situation.
The current version of the terms and conditions is always available to the Buyer under the Terms and Conditions tab. During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the regulations accepted by him/her when placing the order.
In matters not regulated by these Rules and Regulations, the provisions of the Act of 23 April 1964 - Civil Code and the Act of 30 May 2014 on consumer rights and other applicable legal regulations shall apply.