Terms and conditions

The regulations are effective as of 01.01.2023.

Hooded.co.uk is a company store, hereinafter referred to as the Online Store, of the Hooded brand, available at the domain www.hooded.pl operated by I&E Izabela Florek, which customers can contact at the following email address hello@hooded.pl

§ 1 Definitions used in the regulations

  1. Working days – days of the week from Monday to Friday (do not include public holidays).
  2. Delivery – is the process of delivering the Goods to the Customer to the destination indicated by the Customer, carried out through the Supplier.
  3. Supplier – means a carrier with which the Seller cooperates in making Delivery of Goods.
  4. Customer – an adult natural person with legal capacity, a legal person or an organizational unit without legal personality, but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
  5. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
  6. Customer-Consumer – an adult natural person making a purchase at the Seller directly related to his/her business activity, when the purchase is not of a professional nature for this person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  7. Customer Account – an individual panel that allows managing Customer orders through the Store, subject to registration and login.
  8. Buyer – both Customer, Customer-Consumer and Consumer.
  9. Newsletter – free service provided electronically in the Store by the Seller, consisting in sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer’s prior consent.
  10. Privacy Policy – a document describing the purposes and means of data processing, as well as the rights of data subjects.
  11. Regulations – these contractual terms and conditions, the subject of which is the provision of Services electronically by the Seller to Customers, through the Store.
  12. Registration – a factual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
  13. Online Store – available at www.hooded.pl through which the Buyer can purchase Products, available in the Store.
  14. Seller – I&E Izabela Florek, Fr. Pawel Buhl 11, 45-950 Opole. NIP: 991 025 37 31 / REG: 161590940
  15. Goods – the thing presented in the area of the Store by the Seller for sale.
  16. Sales contract – means a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.

§ 2 General provisions

  1. The Seller shall provide the Services in accordance with the Regulations and the provisions of generally applicable law.
  2. The information provided on the Store’s website does not constitute an offer by the Seller within the meaning of Art. 66 of the Civil Code Act, but only an invitation to customers to submit offers to conclude a contract, in accordance with Article. 71 of the Civil Code Law.
  3. All rights to the Online Store belong to the Seller, and may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
  4. The Services are provided through the Store’s website 24 hours a day and 7 days a week.
  5. In order to use the Store, it is necessary for the Customer to have a data communication device with access to the Internet, a correctly configured web browser in the current version and to have an e-mail account. The use of the Store may involve the Customer incurring charges for Internet access and data transmission, to the extent established by agreement with the telecommunications operator whose services the Customer uses.
  6. The seller uses “cookies” (so-called “cookies”), which are computer data, in particular text files that are stored on the final device of the website user. Cookies are mostly used to optimize the process of using websites.
  7. The seller declares that it never asks the customer to provide him with a password in any form, at the same time it urges the customer to use the Internet with caution, protect by antivirus programs to protect his own identity.

§ 3 Registration

  1. In order to create a Customer Account, the Customer is required to make a free Registration.
  2. The subject of this Customer Account Service is the provision of a Customer Account panel, enabling m. in. Customer data and order management.
  3. Registration is not necessary to place an order on the Online Store.
  4. The condition for the correct completion of the registration form is the completion of all its compulsory and possibly optional fields, using true, complete and pertinent data or information concerning the Customer. The Client also approves that he/she has read the Terms and Conditions and accepts its provisions. mDuring Registration, the Customer establishes an individual Password – that is, a sequence of letter, digital or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer’s Account in the Online Store.
  5. Before submitting the registration form, the Customer may voluntarily declare his consent to the processing of his personal data by the Seller for marketing purposes (which may include, in particular, sending commercial information by the Seller using the Customer’s contact information). The consent referred to in this paragraph may be withdrawn by the Customer at any time, for example, by sending information to the Seller’s address via e-mail.

§ 4 Conclusion of the sales contract

  1. The customer can place orders in the Online Store via the Store’s Website 7 days a week, 24 hours a day.
  2. When placing an order, the Customer performs the following actions: adds the Goods to the shopping cart, fills out the order form (name and surname, delivery address of the goods, telephone number of the Buyer), provides the e-mail address to which confirmation of the conclusion of the sales contract will be sent, indicates the data for issuing a bill or invoice, if the Buyer wishes to receive it (including providing other data for billing, such as Tax Identification Number, name of the entity to which the invoice or bill is to be issued), selects the form of payment, accepts the rules of the Store, confirms the will to conclude a contract, including the selection of the button “Order with obligation to pay” or of equivalent content. Each time before an order is shipped to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
  3. The order sent by the Buyer is the Buyer’s statement of intent to conclude a contract of sale with the Seller, in accordance with the provisions of these Regulations.
  4. The order placed may be changed by the Customer until the Seller receives information about the shipment of the Goods. Changes to an order may include cancelling it in full, cancelling it in part, expanding it to include additional Goods, changing the Delivery address.
  5. Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer and information about the acceptance of the order for processing.

§ 5 Payments

  1. The prices shown next to the Goods are gross prices.
  2. The cost of the transaction and Delivery of the Goods shall be borne by the Customer.
  3. The customer may choose the following forms of payment for the ordered Goods:
    • bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the receipt of funds in the Seller’s bank account);
    • bank transfer through an external payment system
    • payment card and bank transfer through an external payment system przelewy24.pl,
  4. The customer is obliged to pay:
    • at the time of delivery of the Goods – if you choose the cash payment method,
    • within 3 days – if you choose the method of payment by traditional transfer,
    • at the time of placing an order – if you choose a payment method using an external payment system.

§ 6 Delivery

  1. Delivery is made to all countries, inside and outside the European Union. Except in the UK.
  2. Delivery time: up to 3 working days.
  3. The goods shipped are new and free of defects.
  4. On the Store’s Website, information is posted on the number of working days of order processing and expected delivery.
  5. The Seller has no influence on the time of Delivery of goods, it depends on the particular Supplier.
  6. The ordered Goods are delivered to the Customer at the address indicated in the order form.
  7. The customer is kept informed about the execution of the order and its shipment through the e-mail address indicated by the customer.

§ 7 Rules for complaints under warranty

  1. The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the release of the Goods to the Entrepreneur. If the Goods have a defect, the Entrepreneur may demand:
    1. Repairs to the goods (statute of limitations expires after one year);
    2. Replacement of the goods with a new one (statute of limitations expires after one year);
    3. Price reductions;
    4. Withdrawal from the contract (making a return);
  2. Formulation of warranty claims:
    • The letter should be addressed to the Seller;
    • proof of purchase must be provided (for example, confirmation of a payment transaction will also suffice);
    • It should be noted that the claim is by way of warranty.
    • describe the defect in detail with evidence of its occurrence (if possible);
  3. Goods should be sent back at the expense of the Seller based on the previously agreed form of Delivery.
  4. The seller has 14 days to respond to the complaint. If he fails to do so, the complaint is considered successful and the seller is obliged to apply the solution proposed by the buyer.

§ 8 Out-of-court ways of dealing with complaints and claims

  1. Out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
    • http://www.uokik.gov.pl/spory_konsumenckie.php;
    • http://www.uokik.gov.pl/sprawy_indywidualne.php;
    • http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of out-of-court means of complaint handling and redress:
    • The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for settlement of a dispute arising from the Agreement concluded with the Seller.
    • The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
    • A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
  1. ODR platform – submission of a complaint through the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013. on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

§ 9 Withdrawal from the Sales Agreement

  1. Customer-Consumer and Consumer, who concluded the Sales Contract, may withdraw from it within 14 days without giving any reason. A statement of withdrawal must be submitted to the Seller. This statement may be submitted, for example, in writing to the address of the Seller, ie: I&E Izabela Florek, 11 Fr. Paweł Buhl Street, 45-950 Opole, or by e-mail to the Seller’s address, i.e..: hello@hooded.pl. The statement can also be submitted via a form available in the Online Store, under the tab – returns.
  2. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the statement of the Consumer, or Entrepreneur with the rights of the Consumer, about withdrawal from the Sales Contract, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer, or Entrepreneur with the rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer, or the Entrepreneur with the rights of the Consumer, until it receives back the Goods, or the Consumer, or the Entrepreneur with the rights of the Consumer, provides proof of return of the Goods, whichever event occurs first.
  3. If the Consumer or Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with the rights of the Consumer for the additional costs incurred by him.
  4. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the Seller’s address before the deadline.
  5. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall bear only the direct costs of return.
  6. If, due to its nature, the Goods cannot be returned by mail in the usual manner, the Seller shall inform the Consumer and the Entrepreneur with the rights of the Consumer about the cost of returning the item on the Store’s Website.
  7. The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  8. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer expressly agreed to a different method of return that does not involve any costs for him.

§ 10 Free services

1. The Seller provides to the Customers, by electronic means, free of charge services:

  • Contact form;
  • Newsletter;
  • Maintaining a Customer Account.

2. The services indicated in §10 para. 1 above are provided 7 days a week, 24 hours a day.

3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.

4. The Contact Form service involves sending a message to the Seller using a form on the Store’s Website.

5. Cancellation of the free service Contact Form, is possible at any time and consists in ceasing to send inquiries to the Seller.

6. The Newsletter service may be used by any Customer who enters his/her e-mail address, using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the customer will immediately receive an activation link via email to the email address provided in the registration form to confirm the Newsletter subscription. Upon activation of the link by the Customer, an agreement for electronic provision of Newsletter service is concluded. The Customer may additionally, during Registration, check the appropriate box in the Registration form to subscribe to the Newsletter service.

7. Newsletter service consists of sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all Customers who have subscribed.

8. Each Newsletter addressed to the Customers’ data includes, in particular: information about the sender, filled in field “subject”, defining the content of the parcel and information about the possibility and manner of cancelling the free Newsletter service.

9. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.

10. The Customer Account Service is available after registration according to the rules described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store’s Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and the history of orders already completed.

11. A Customer who has made a Registration may submit a request to the Seller to remove the Customer’s Account, however, in case of a request to remove the Customer’s Account by the Seller, it may be removed up to 14 days after the request.

12. The Seller is entitled to block access to the Client’s Account and free services, in the event of the Client acting to the detriment of the Seller or other Clients, the Client’s violation of the law or the provisions of the Terms and Conditions, as well as when blocking access to the Client’s Account and free services is justified for security reasons – in particular: the Client’s breaking the security of the Store’s Website or other hacking activities. The blocking of access to the Customer’s Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for the blocking of access to the Customer’s Account and free services. The Seller shall notify the Client about blocking access to the Client’s Account and free services by e-mail to the address provided by the Client in the registration form.

§ 11 Personal data protection

1.The principles of protection of Personal Data are posted in the Privacy Policy.

§ 12 Termination of the agreement (does not apply to Sales Agreements)

1. Both the Customer and the Vendor may terminate the contract for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the aforementioned contract. Agreement and the provisions below.

2. A Customer who has made a Registration terminates the contract for the provision of services by electronic means by sending to the Seller an appropriate statement of intent, using any means of remote communication that allows the Seller to become acquainted with the Customer’s statement of intent.

3. The Seller shall terminate the contract for the provision of services by electronic means by sending to the Customer the appropriate statement of intent to the e-mail address provided by the Customer during Registration.

§ 13 Final provisions

  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
  2. The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the Store’s Website.
  3. If a dispute arises under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.
  4. The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court ways to handle complaints and claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. These may include, in particular, consumer ombudsmen or provincial trade inspection inspectorates, a list of which is available on the website of the Office of Competition and Consumer Protection. The seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
  5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Regulations are executed on the basis of the Regulations that were in effect on the date the customer placed the order. The amendment to the Terms and Conditions shall become effective within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into effect about the change in the Terms and Conditions by means of an e-mail message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §12 of the Terms and Conditions.
  6. The Regulations shall come into force on 01.01.2023.
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