Terms of use hebe.com
Terms and conditions of sale in the hebe beauty supply store available at www.hebe.com
effective from 1 April 2021
§1
General
2. The Customer (hereinafter referred to as "Customer") is an individual who, as a consumer, purchases products from the Store on the Website, and enters into a distance sales contract with the Seller under the Terms and Conditions of Sale.
3. The Seller (hereinafter referred to as “Seller” or “ Hebe”) is Jeronimo Martins Drogerie i Farmacja Sp. z o.o. with registered office in Kostrzyn (62-025), Poland, at ul. Żniwna 5, entered in the Companies Register kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register (KRS), under KRS Number 0000222483, Tax Identification Number NIP 2090001776, Business Registry Number Regon 301002718, Waste Database Number BDO 000041229.
4. These Terms and Conditions of Sale regulate the principles of the sale of products available on the Website (hereinafter referred to as "Products") and of delivery of Products to Customers. The List of Countries to which Seller delivers Products is available on the Website.
5. The Website means the website available at the address http://www.hebe.com (hereinafter referred to as "Website” ).
6. For additional information, please contact Customer Service in the Contact tab of the Website.
§2
Sale and purchase rules
1. Via the Website, the Customer may purchase Products featured on the Website. The Website is intended solely for the purpose of selling Products directly to end consumers.
2. The Customer may register an account on the Website (hereinafter referred to as "Account"). An Account is a space allowing the Customer to use additional functionalities of the Website, where, among other things, the Customer's data and information about purchases made on the Website are stored.
3. Orders may be placed both by Customers who have an Account on the Website and by those who have not registered an Account. Account registration by the Customer is not a necessary condition for placing an order on the Website. Customers who have not registered an Account need, when placing an Order, to provide all data necessary to complete the Order, including their contact details, to confirm having read the Terms and Conditions of Sale and the Privacy Policy, and to accept the provisions thereof (by ticking the appropriate boxes on the Website).
4. To purchase Products via the Website, the Customer should place an Order for Products. The order (hereinafter: "Order") is the Customer's declaration of will expressing direct intention to conclude a sales contract, specifying the type and number of Products the Customer wishes to purchase via the Website, and containing the Customer's data necessary to conclude and perform the sales contract.
5. To place an Order via the Website, the Customer completes such Order in the shopping cart by selecting Products he/she is interested in purchasing. To make the purchase having completed the Order, the Customer selects the "Proceed to Checkout" option and follows the instructions displayed on the screen. At the checkout, the Customer has to indicate, among other things, the method of delivery of Products specified in the Order, the delivery address and the method of payment. After following all the instructions and providing the required information, the Customer receives a summary of the Order, stating the total amount to be paid for Products specified in the Order (delivery and all other costs, fees and applicable taxes included).
6. The Customer then places the Order submitting the completed Order form to the Seller by selecting the "Order and Pay" option. Clicking the "Order and Pay" button is tantamount to placement by the Customer of a binding order for purchase of Products indicated in the Order (i.e. those added to the Customer’s shopping cart).
7. Having placed an Order, the Customer receives a confirmation of that Order. The confirmation of Order placement is sent to the e-mail address specified by the Customer when placing the Order (and in the case of Customers who have registered an Account - to the e-mail address specified during Account registration). The confirmation of Order placement merely confirms receipt of the Order by the Seller and does not constitute the Seller’s statement of intent to conclude a sales contract.
8. An Order is binding on the Customer for 7 days from the date of its placement. If the Seller does not send the Order placement confirmation to the Customer's e-mail address within that time limit, the Customer's offer ceases to be binding and the contract for sale of products covered by the Order does not come into effect. The above notwithstanding, the Customer may at any time withdraw the Order.
9. The contract of sale is concluded when the Customer receives an e-mail from the Seller informing that the Order has been dispatched.
10. The Seller has the right not to accept a Customer’s Order, among other things due to unavailability of Products covered by that Order. Partial execution of the Order is not possible. This means that in the case of unavailability of any of the Products covered by the Order, the Seller will not accept the Order as whole, and will notify the Customer accordingly without delay, in any case no later than within the time limit specified in clause 8 above. The Seller may also refuse to execute the Customer's order if the Customer infringes these Terms and Conditions of Sale or the terms of any Promotion.
11. The Seller is obliged to execute the Order only for Products listed in the e-mail notification of Order dispatch.
12. The Seller does not trade in Products on wholesale basis. “Wholesale" means purchase by the Customer in the Store of more than 10 pieces of a specific Product within one day. This means that the Customer may only purchase in the Store the maximum of 10 pieces of a specific (the same) Product per day.
13. The Seller may update the prices of Products on the Website on an ongoing basis and include them in promotions selected by the Seller. Changes in the prices of Products do not affect Orders placed by the Customer prior to such changes. The Seller may offer special promotions to Customers with a registered Account in the Store. As a result, the prices of Products on the Website may differ depending on whether the Customer purchases such Products while logged into his/her Account (i.e. as a registered Customer) or otherwise.
14. The prices of Products as displayed on the Website are gross prices. They are inclusive of all duties and taxes, also VAT. However, the prices of Products do not include any additional costs which the Customer may be required to pay in connection with the sales contract, such as delivery costs specified when placing an Order on the Website.
§3
Promotions
1. Hebe is entitled to offer its Customers special (promotional) terms of sale or delivery of some or all Products (hereinafter referred to as: "Promotion").
2. Unless expressly stated otherwise by the Seller on the Website, in the Terms and Conditions of Sale or in the relevant Promotion rules (including Promotion information available on the Website), the prices of Products as shown on the Website are not subject to any additional discounts or promotions that may apply at the time.
3. Taking advantage of a Promotion offered by the Seller does not exclude the Customer's right to withdraw from the sales contract. Unless the relevant Promotion rules or information available on the Website provide otherwise, if the Customer withdraws from a sales contract concerning Products purchased together within a promotional package, the Customer should return all Products included in such promotional package.
§4
Delivery
1. Products purchased from the Store are delivered to countries listed on the Website.
2. The total cost of the Order includes also the cost of the selected method of delivery and/or method of payment (if applicable). Before placing an Order, the Customer is always informed about the cost of the selected method of delivery and of any additional fees possibly related to the selected method of payment.
3. Unless it follows otherwise from the Terms and Conditions of Sale or from specific Promotion rules available on the Website, delivery costs are paid by the Customer.
4. The Customer should examine the delivered parcel containing the ordered Products within the time and in the manner customary for parcels of the type concerned, and the Products for any defects. If a defect or damage is identified at delivery of the parcel containing the ordered Products, the Customer may, but is not obliged to, require the courier to draw up an appropriate record (subject to the further provisions of this clause). The Customer acknowledges that in the absence of a proper record signed with the courier, recognition of a complaint may be difficult; therefore, we recommend evidencing the condition of the parcel at the time of delivery. In such a situation, the Customer should immediately contact the Seller.
§5
Payment
1. Information about the offered method of payment is available when placing each Order. The Seller does not accept any other methods of payment. The Customer is responsible for the costs of his/her financial transactions. The Seller is not liable for any damages resulting from a situation where the Customer pays using methods other than those specified at the moment of Order placement.
2. Choosing to pay in advance, the Customer is obliged to make the payment no later than within 3 days after receiving Order placement confirmation from the Seller. If the above time limit expires ineffectively, the Order is cancelled.
3. If the Customer chooses to pay in advance, acceptance of the Order for execution takes place after payment by the Customer of the full price due for the Order (inclusive of delivery costs as specified in the Order).
4. The Customer agrees to receive VAT invoice or another settlement document in electronic form.
§6
Right of withdrawal from the contract
1. If purchasing Products in the Store, the Customer has the right to withdraw from the contract without giving any reason and without incurring any costs (except for costs referred to in points 4 and 7 below) within 14 days from the date when the Customer or an indicated third party other than the carrier took possession of the Product. To exercise the right of withdrawal, the Customer must inform the Seller of his/her decision to withdraw from the contract by way of an unequivocal statement. For this purpose, the Customer may use the template of the form of withdrawal from the contract, attached as Appendix No. 1 to these Terms and Conditions of Sale.
2. The Customer may submit the statement of withdrawal from the contract to us [Name, Address and telephone number and e-mail] by e-mail to [...].
3. For the time limit for withdrawal from the contract to be kept, it is sufficient for the Customer to send the notice of exercise of the right of withdrawal before expiration of the time limit for withdrawal.
4. The Customer is liable for any reduction in the value of Product resulting from the use of that Product in a manner exceeding the use that is necessary to ascertain the nature, characteristics and operation of that Product.
5. Exercising the right of withdrawal, the Customer is obliged to return Products without undue delay, but no later than within 14 calendar days from the date of withdrawal, unless the Seller offers to collect the Product itself. For the time limit to be kept, it is sufficient to send back the Product before expiration of that time limit.
6. In the case of withdrawal from the contract, such contract is deemed not to have been concluded. If the Customer has made a statement of withdrawal from the contract before acceptance of his/her offer by the Seller, the offer ceases to be binding.
7. In the case of withdrawal from the contract, the Customer bears the direct costs of returning the Product, unless the Seller has agreed to bear such costs.
8. In the case of withdrawal from the contract, the Seller returns to the Customer all payments received from that Customer, including the costs of delivery of Products (except for any additional costs resulting from the Customer’s choice of a method of delivery other than the cheapest standard one offered by the Seller), immediately and in no case later than with 14 days of the date when the Seller is informed about the Customer’s decision to exercise the right of withdrawal from the contract. Payments will be reimbursed using the same methods of payment that were used by the Customer within the original transaction, unless the Customer explicitly consents to another solution; in any case, no fees are due from Customer on account of such reimbursement. If the payment was made by the Customer in cash upon delivery of the Product, then the Customer should, in his/her statement of withdrawal, indicate the bank account number to which the Seller should transfer the amount of such payment. The Seller may suspend the reimbursement of payments until it receives the Product or until the Customer submits a proof of dispatch of such return, whichever takes place earlier.
9. The Customer is not entitled to withdraw from the contract e.g. in the case of contracts
a) pertaining to a perishable Product or a Product with a short shelf life,
b) pertaining to a Product delivered in a sealed packaging that cannot be returned once opened for health protection or hygiene reasons, if the packaging was opened after Product delivery,
c) pertaining to Products which, due to their nature, become inseparably connected to other items following their delivery.
§7
Liabilities and complaints
1. The Seller is obliged to deliver the Product concerned in the sale contract to the Customer free from defects. Seller does not provide after-sales services or maintenance, and does not offer any additional guarantees for sold Products. In the case of any defects of Products ordered from the Store, the Seller is liable under applicable law.
2. Any complaints should be submitted to the Seller at the e-mail address: bok@drogeriahebe.eu or in another manner communicated by the Seller to the Customer. Information about decision on the complaint will be sent to the email address used by the Customer to submit such complaint, or in another manner originally used by the Customer to report that complaint, within 14 days of receipt of the complaint by the Seller. In some cases, the Seller may ask the Customer to provide a photograph of Products concerned in the complaint.
3. Please also be advised that at the address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL ,
an online platform is available for resolution of disputes between consumers and sellers. Via that platform, the Customer may use the option of out-of-court settlement of complaints and vindication of claims in accordance with the procedure for Online Dispute Resolution developed by the European Commission.
§8
Personal data protection and use of cookies
4. Detailed information on the purposes, means and scope of the processing of personal data and the use of cookies by the Controller, and the related rights of Website visitors and Customers is contained in the Privacy Policy and Cookie Policy.
§9
Concluding clauses
1. These Terms and Conditions of Sale become effective upon their publication on the Website.
3. The Seller may entrust execution of the Order to a third party (as a subcontractor).
4. Any disputes between the Seller and the Customer that are not resolved amicably will be settled by common courts of competent jurisdiction , unless otherwise provided by mandatory provisions of law.
5. The Seller reserves the right to amend these Terms and Conditions of Sale. Changes to the Terms and Conditions of Sale do not affect the rights acquired by the Customer under the previous version of the Terms and Conditions. The Seller informs the Customers about such changes by publishing the consolidated text of the Terms and Conditions of Sale on the Website. Unless it otherwise follows from the content of the new Terms and Conditions of Sale, any changes to those Terms become effective 14 days after their publication on the Website. Amendments to the Terms and Conditions of Sale do not affect any sales contracts concluded under the previous Terms or any Orders placed prior to the effective date of such amendments.
6. The Seller may limit, change or eliminate some of the functionalities available on the Website, which includes suspension or termination of its operation. In the situation referred to in the preceding sentence, the Seller will inform Customers of the planned actions, placing a relevant message on the Website.
7. Whenever any rules relating to the use of the Website refer to the Terms and Conditions of Sale, it should be understood that such rules refer to this document: the Terms and Conditions of Sale.
8. Whenever any rules pertaining to the use of the Website refer to the Hebe Online Beauty Supply Store Rules, it should be understood that such rules refer to the Hebe Online Beauty Supply Store Rules as published on the website www.hebe.pl, and not to these Terms and Conditions of Sale.
9. The Seller may be contacted in the manner described on the Website in the Contact tab.
Appendix 1
Template of the form of withdrawal from the contract
Addressee: Jeronimo Martins Drogerie i Farmacja Sp. z o.o.
e-mail […]
Please be informed that I/we(*) hereby withdraw from the contract for sale of the following Products/services (*):
- Contract conclusion (*) / receipt (*) date
- First name(s) and surname(s) of consumer(s)
- Address(es) of consumer(s)
- Date
- Bank account number to which payments should be returned when paying cash on delivery of the Product:
(*) delete as appropriate
