Shop rules

Store Regulations

§1. General provisions

The Online Store is run by the Service Provider.
To the extent that the Regulations specify the rights and obligations of the parties to the Sales Agreement, the Regulations determine its content.
To the extent that the Regulations apply to services provided via an IT system ensuring processing and storage, as well as sending and receiving data via telecommunications networks in accordance with the Act of July 18, 2002 on the provision of services by electronic means, the Regulations are the regulations referred to in Art. 8 of this Act.
The services are provided by the Service Provider free of charge.
These Regulations are available free of charge on the Store's Website.
The User should read the Regulations before using the Service.
The Online Store is an ICT platform (IT and remote service system used to select and purchase Products or provide Services, enabling Users to research Products, including prices and availability of Products, conclude Sales Agreements, Service Provision Agreements, as well as post Content under the terms specified in the Regulations). For this purpose, the Service Provider provides Users with appropriate system tools and provides Services under the terms set out in the Regulations.
These Regulations specify:

Rules for Registration in the Online Store,
Rules for using the Online Store,
Rules for concluding distance sales contracts for Products via the Online Store, including the conditions for placing Orders, delivering Products and paying the sales price of Products by the Buyer,
The Buyer's rights to cancel the order and withdraw from the Sales Agreement,
Rules for submitting and considering User complaints,
Other rights and obligations of Users and the Service Provider.

The information posted on the Store's Website does not constitute an offer within the meaning of the Civil Code, but constitutes an invitation to conclude a Sales Agreement or other contract to which this information relates.
The User using the Online Store is obliged to comply with the Regulations.
The "N-Hype" brand and all goods and intellectual property items related to it belong to the Service Provider, and their use by Users requires the consent of the Service Provider, subject to mandatory provisions of law.

§ 2. Definitions

Business Days - means days of the week from Monday to Friday, excluding public holidays. Delivery – means the actual activity of the Service Provider consisting in delivering the Products specified in the Order to the Buyer via the Supplier.
Supplier - means the courier company with which the Service Provider cooperates in the Delivery of Products.
Password - means a sequence of letters, numbers or other characters selected by the User during Registration, used to secure access to the User Account in the Online Store.
Civil Code - means the Act of April 23, 1964. Civil Code.
Contact - means the methods of contacting the Service Provider available to Users, which include: (i) sending an e-mail to the following address: [.], (ii) by traditional mail or in person to the Service Provider's address: [ul. Musketerów 7, 94-319 Łódź].
Cart - means an integral part of the Online Store, enabling the display of Products selected by the Buyer, entering and modifying Order data, such as: type and quantity of Products, delivery or invoice data, payment method and approval of Order conditions.
Buyer – means the User who concluded a Sales Agreement with the Service Provider.
Consumer - means a Buyer who is a natural person purchasing Products from the Service Provider for purposes not directly related to his or her business or professional activity.
User Account - means an individual panel available to each User, launched on his behalf by the Service Provider after the User registers and concludes an agreement for maintaining a User Account.
Login – means the User's e-mail address used during the Registration process and each time the User Account is used.
Newsletter - means information, including commercial information within the meaning of the Act of July 18, 2002. on the provision of services by electronic means, originating from the Service Provider or other entities, sent to the User by the Service Provider or at his request, based on electronic consent. Privacy Policy - a set of rules regarding the processing and protection of the User's personal data available on the Store's Website.
Order Confirmation - means an e-mail sent by the Service Provider to the e-mail address indicated by the User (in the appropriate electronic form, which the User completed remotely on the Store's Website), confirming that the Order indicated therein has been delivered to the Service Provider.
Confirmation of Order Completion - means an e-mail sent by the Service Provider to the e-mail address indicated by the User (in the appropriate electronic form, which the User completed remotely on the Store's Website) confirming that the Order indicated therein may be processed by Service provider.
Regulations - means these Regulations of the Online Store specifying the general conditions of use of the Online Store, Sales Agreements and Service Provision Agreements.
Registration - means an actual activity performed in the manner specified in the Regulations, required from the User to be able to use all functionalities of the Online Store.
Online Store - an online website run by the Service Provider, available in the www.n-hype.com domain, through which the User can obtain information about Products and their availability, purchase Products, and use the Services.
Store Website - means the websites under which the Service Provider runs the Online Store, operating in the www.n-hype.com domain.
Product - means a product presented by the Service Provider in the Online Store, which may be the subject of a Sales Agreement. The basic properties of each Product are presented on the Store's Website. The image of the Product presented on the Store's Website is only a visualization of its actual appearance and is for informational purposes only.
Durable medium - means a material or tool enabling the Buyer or Service Provider to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and which enables the reproduction of the information saved in an unchanged form.
Sales contract - means a sales contract within the meaning of the Civil Code concluded at a distance, i.e. via the Online Store, between the Buyer and the Service Provider within the meaning of the Act of May 30, 2014 on consumer rights. Delivery of the Order Completion Confirmation by the Service Provider to the Buyer (after placing the Order in the Online Store) is tantamount to concluding a Sales Agreement. The content of the Sales Agreement consists of the content of the Order. The provisions of the Regulations apply to the appropriate extent to the Sales Agreement.
Services - means services provided electronically and free of charge by the Service Provider to the Users referred to in § 11 of the Regulations, enabling the use of the functionality of the Store Website on the terms specified in the Regulations.
Service Provider - means a company called "N-Hype" Sp. z o.about based in Łódź at ul. Muszkieterów 7, 94-319 Łódź, using the NIP number: 7272868845 and the REGON number: 525220092, operating an Online Store.
User - means a natural person with full legal capacity, who uses the functionality of the Store's Website on the terms specified in the Regulations or to whom the Service Provider provides services electronically; this term includes Buyers, persons who have registered and Internet Users.
Order - means the User's declaration of will aimed directly at concluding a Sales Agreement specifying the type and quantity of Products.

§ 3. Functionalities of the Shop

Website

The Store's Website allows Users to:

managing personal data provided in the User Account (requires Registration and login),

Access to the User Account (requires Registration and login),
Be informed about Products in the Online Store (no Registration required),
Using the Services (using the Services does not require Registration, except for the service of maintaining a User Account),
Place Orders under the terms specified in the Regulations (registration and login are not required).

§ 4. Using the Store

Website

In order to use the Store Website, including viewing Products in the Online Store, the User must meet the following minimum technical requirements:

A device such as a personal computer, tablet, smartphone with Internet access,
Installed and updated version of the web browser (e.g. Microsoft Edge, Chrome, Mozilla Firefox, Opera, Safari, Vivaldi) with JavaScript and SSL enabled,
Active email account,
Recommended minimum screen resolution 1024 x 768 pixels.

When the User enters the Store's Website, the Service Provider provides the User with an electronic service consisting in enabling access to the content and resources made available by the Service Provider and viewing them, as well as enabling the use of search engines and other commonly available tools on the Store's Website, including placing an Order.
The contract for the provision of electronic services concluded between the Service Provider and the User referred to in section 2 above, shall be terminated when the User leaves the Website. The conditions for the provision of electronic services related to the User Account, the rules for subscribing to and unsubscribing from the Newsletter, as well as the detailed rules and conditions for using the Store Website are set out hereinafter in the Regulations.
Browsing the Products presented in the Online Store, learning about their features available on the product pages, as well as placing Orders in the quick purchase mode is available to all Users and does not require Registration.
The User should use the Online Store in accordance with its intended purpose and not take any actions that may disturb the proper functioning of the Website.
Users are prohibited from:

Providing content prohibited by law, including:incl violating personal rights or other rights of third parties,
Acting in a way that violates the law or is intended to circumvent the law or is contrary to the principles of social coexistence or good customs,
Use the Store's Website in a way that disrupts its functioning or is burdensome for other Users.

As part of running the Store's Website, the Service Provider reserves the right to promote and advertise any products and services.
The Service Provider ensures the protection of electronic communications and Content by applying technical and organizational measures aimed at protecting them, in particular protecting data against their acquisition by unauthorized persons, including SSL encryption, access passwords or anti-virus programs, and against unwanted software. At the same time, the Service Provider informs that the use of the Internet and services provided electronically involves risk and there is a risk that malware may get into the IT system and the User's device or that unauthorized third parties may gain unauthorized access to data, including personal data. In order to minimize these threats, the User should use appropriate technical safeguards, including:incl use antivirus programs or functions that protect against identification of the User on the Internet.
The Service Provider is entitled to temporarily disable the Store Website and make breaks in the provision of Services to the extent justified by IT security reasons, as well as to carry out planned maintenance, repairs, installation of new versions of computer programs and configuration of the IT system. The Service Provider will make every effort to temporarily disable the IT system for the purposes of planned maintenance, repairs, installation of new versions of computer programs and configuration of the IT system between 6 p.m.00-8.00 or on days other than business days. The Service Provider will inform about planned interruptions in the availability of the Store's Website via a message posted on the Store's Website in advance.
The Service Provider informs that the Store Website may also be temporarily unavailable in the event of an IT system failure. In such a case, the Service Provider will make every effort to immediately restore their required functionality.

§ 5. Registration

In order to create a User Account, the User is obliged to register.
As part of the User Account, it is possible to save your contact details, modify them, view Order history and manage the Newsletter subscription.
Registration requires completing an interactive form, in particular providing true and correct data by following the messages displayed on the Store's Website during Registration.
To create a User Account, it is necessary to provide your personal data marked as mandatory, it is also possible to provide additional optional data.
By registering, a person creating a User Account who is not a natural person declares, under pain of legal consequences, that he or she is authorized to act on behalf of such User, including to make declarations and incur liabilities and to effectively conclude Sales Agreements in accordance with the Regulations.
When the virtual "I create an account" button or similar is activated, an agreement for an indefinite period of time is concluded between the User and the Service Provider for the provision of electronic services in the form of maintaining a User Account, and optionally - if the option of receiving it is selected - also the Newsletter service. The principles of providing the Newsletter service are described further in the Regulations.
During Registration, the User provides the Login and Password, thanks to which he will gain access to the User Account. The user may not share the password with third parties.
After registration, each login takes place using the data provided by the User in the registration form. When leaving the Store Website, the User should log out of the User Account each time. The data provided when creating the User Account may be changed by the User after logging in to the User Account.
The User Account contains the information provided by the User during Registration. A logged in user has access to his or her data and can modify it.
The User is obliged to update the data saved in the User Account.

§ 6. Orders

The information contained on the Store's Website does not constitute an offer of the Service Provider within the meaning of the Civil Code, but only an invitation to Users to submit offers to conclude a Sales Agreement.
The User may place orders in the Online Store via the Store's Website 7 (seven) days a week, 24 (twenty-four) hours a day, subject to prohibitions or restrictions resulting from mandatory provisions of law. Orders are processed on Business Days.
The User placing an Order via the Store Website completes the Order by selecting the Products he is interested in. Products are added to the Order by selecting the "Add to cart" or similar button under the appropriate Products presented in the Store on the Website.
In the following sections of the Products, the User selects the form of payment for the Order and enters, confirms or modifies the contact details for the delivery of the Products and the method of delivery:

Name, surname and e-mail address,
Contact telephone number,
Delivery address.

After completing the entire Order and selecting the Delivery method and payment method in the Cart, the User places the Order by sending the Order Form to the Service Provider, selecting the "Buy and pay" button or similar in the Store on the Website. Each time before sending the Order to the Service Provider, the User is informed about the total price for the selected Product and Delivery, as well as about any additional costs that he is obliged to incur in connection with the Sales Agreement.
The User is obliged to carefully and correctly complete the Order form and provide contact details, including the correct address to which the Goods are to be delivered. The Service Provider will contact the User immediately if this data turns out to be incomplete, using the contact details provided in the Order form or during Registration. If, despite exercising professional diligence, the Service Provider is unable to contact the User for reasons attributable to him and this situation continues for 7 (seven) days from the date of the Service Provider's attempt to establish contact, the Service Provider's website has the right to cancel the Order, and if the Agreement The sale has already been concluded - to withdraw from the Sales Agreement. The Service Provider may submit a declaration of withdrawal from the Sales Agreement in the case referred to in the previous sentence within 30 (thirty) days from the date of conclusion of the Sales Agreement.
In the process of placing an Order, until the "Buy and pay" button is activated, the Buyer has the opportunity to modify the Order on the Website.
Each time before sending the Order, a summary of the Order is presented to the Buyer for confirmation, i.e. main features of the service and the total price including the price of the Products and the cost of their delivery.
Placing an Order means that the User submits an offer to the Service Provider to conclude a Sales Agreement for the Products covered by the Order.
After placing the Order, the Service Provider immediately sends the Order Confirmation to the e-mail address provided by the User. Immediate Order Confirmation means that the User is bound by the offer to conclude a Sales Agreement, but does not mean that this offer has been accepted by the Service Provider. The user is bound by the offer for the period specified in section 15-16 below.
Payments for the Order are accepted in advance. If the User fails to pay for the Order within 5 (five) days of receiving the Order Confirmation, the Service Provider will cancel the placed Order (rejection of the User's offer) and will not send the Order Completion Confirmation (failure to conclude the Sales Agreement).
If the User does not receive the Order Completion Confirmation within 3 (three) Business Days from the Service Provider's receipt of payment for the Order, he or she is no longer bound by the offer to conclude the Sales Agreement. Until the Order Completion is Confirmed, the Order may be canceled by the User. For this purpose, the User should contact the Service Provider.
If the User does not pay for the Products within 5 (five) days of receiving the Order Confirmation, the User's offer referred to in section 12 ceases to be binding and the Service Provider cancels the placed Order.
The Service Provider sends the Order Completion Confirmation to the e-mail address provided by the User, if it is possible to complete the Order. Confirmation of Order Completion is the Service Provider's declaration of acceptance of the offer referred to in section 13 above.
The sales contract is concluded upon sending the Order Completion Confirmation to the e-mail address provided in the Order. Confirmation of Order Completion is sent to the User within 3 (three) days of the Service Provider receiving payment for the Order.
Confirmation of Order Completion constitutes confirmation to the Buyer of the terms of the concluded Sales Agreement.
If it is impossible to complete the Order, the Service Provider will not send the Order Completion Confirmation and will immediately inform the User about this fact - no later than within 3 (three) days of receiving the payment for the Order - and refund the payment made by the User for the Order within 7 days. (seven) days from providing the User with information about the inability to complete the Order.
The content of the concluded Sales Agreement is recorded, secured and made available by sending an electronic document confirming the terms of the concluded Sales Agreement to the e-mail address provided in the Order. Buyers who have User Accounts also have access to them after logging in to their User Accounts.
Order processing time, understood as the time during which the Order is completed and then issued to the Supplier, excluding the Delivery time (i.e. time between the delivery of the Products to the Supplier and their delivery to the Buyer), ranges from 1 (one) to 7 (seven) Business Days, with the exception of Custom Products (made to individual order). The exact delivery time is provided for each Product. The order processing begins after payment confirmation issued by the payment operator.
As part of the process of placing and executing Orders, messages regarding the Order are sent to the Buyer's e-mail address.

§ 7. Payments

The prices on the Store Website posted for a given Product are gross prices and do not include information on Delivery costs and any other costs that the Buyer will be obliged to incur in connection with the Sales Agreement, which the Buyer will be informed about when choosing the Delivery method and placing the Order. .
The sales price for the ordered Products can be paid by payment card (Mastercard, Visa) via an external transfer payment system operated by Wirecard AG (in this case, the execution of the Order will begin after the Service Provider sends the Order Completion Confirmation to the Buyer and after the Service Provider receives information about the payment made by the Buyer from the Wirecard system).

§ 8. Delivery

The Service Provider delivers worldwide.
The products are delivered in the manner selected by the Buyer from among the options available in the Online Store.
The cost of Product Delivery is borne by the Buyer. This cost is calculated based on the Delivery prices specified in the Order form and is added to the Product sales price in the summary, after the Buyer selects the Delivery option.
The delivery is ordered by the Service Provider to the Supplier.
The Service Provider posts information on the Store's Website about the number of Business Days needed for Delivery and execution of the Order.
The Service Provider is obliged to deliver the Products covered by the Sales Agreement without defects.
The ordered Products are delivered to the Buyer via the Supplier to the address indicated in the Order Form.
On the day the Products are sent to the Buyer, information confirming shipment is sent by the Service Provider to the Buyer's e-mail address.
The Buyer should examine the shipment delivered with the Products at a time and in a manner appropriate for the type of shipment. If the shipment is found to be missing or damaged, the Buyer has the right to request the Supplier's employee to prepare an appropriate report.
For each Product sold, a sales document is issued and delivered to the Buyer in the form of an invoice sent electronically to the Buyer's e-mail address.
In the event of the Buyer's absence at the address provided by him as the Delivery Address when placing the order, an employee of the Supplier will leave a notice or attempt to contact him by telephone to arrange a date when the Buyer will be present. If the ordered Goods are returned to the Service Provider by the Supplier, the Service Provider will contact the Buyer by e-mail or telephone, re-arranging the date and cost of Delivery with the Buyer.

§ 9. Complaints and liability of the Service Provider

The Service Provider is obliged to provide the Buyer with Products without defects. The Service Provider is liable to the Buyer if the Products have a physical or legal defect specified in the Civil Code (warranty), subject to section 6 below. All provisions of the Regulations, including this § 10, do not exclude or limit the rights of Consumers provided for in applicable law, in particular in Art. 556-576 of the Civil Code.
Complaints regarding purchased Goods should be submitted to the Service Provider at the Service Provider's postal address or e-mail address indicated for contact purposes. In the event of a complaint about Products, in order to streamline the complaint procedure, it is recommended to provide the Products complained of together with proof of purchase and complaint notification.
Unless a shorter response period results from mandatory legal provisions, a response to a complaint must be provided within 30 (thirty) days from the date of its receipt, provided that the response to a complaint submitted by the Consumer under the warranty provisions will be provided within within 14 (fourteen) days of its receipt.
The complaint procedure applies accordingly to the Services provided by the Service Provider. Complaints regarding the Service Provider's activities should be submitted to the postal address or e-mail address provided for Contact.
The response to the complaint is provided in writing or on another durable medium in a manner corresponding to the method of submitting the complaint.
No provision of the Regulations excludes or limits the Service Provider's liability for damages which, in accordance with generally applicable law, cannot be excluded or limited.
Subject to the above, the Service Provider is not liable:

For damage resulting from the use of the Online Store by Users inconsistent with the normal use of the Online Store (in accordance with its intended purpose),
For the User's violation of the rights of third parties by using the Online Store in a way that infringes the personal rights or copyrights of third parties,
For the consequences of the User's use of information disseminated by other Users on the Store's Website,
For damages resulting from the User's failure to secure appropriate data saved on the User's Account and the User's failure to comply with security rules when using the Internet.

§ 10 Withdrawal from the contract by the Consumer

If you make a purchase from us, you have the right to return the product within 14 days from the date of receipt. The condition for accepting a return is that the product remains intact, identical to that at the time of shipment.
Withdrawal form: To exercise the right to withdraw from the contract, the Customer should send the withdrawal form to one of the following means of communication:
- Instagram message: @n_hype_
- E-mail: nhype.parcels@gmail.com
Refund: Once the returned product has been received and inspected, the funds will be refunded to the Customer's account within 2-3 business days.

§ 11. Services provided by the Service Provider

The Service Provider provides the following services free of charge to Users:

Newsletter service,
User Account management service.

Services specified in section 1 above are provided 7 (seven) days a week, 24 (twenty-four) hours a day.
The Service Provider reserves the right to select and change the type, form, time and method of granting access to selected specific Services, about which it will inform Users in the manner required to amend the Regulations.
The User may express prior consent to the sending of the Newsletter and to the sending of other commercial information within the meaning of the Act of July 18, 2002. on the provision of services by electronic means The consent referred to in the previous sentence is voluntary and is not a condition for the execution of the placed Order.
The Newsletter service consists in the Service Provider sending messages in electronic form to the e-mail address containing information about new products or services offered by the Service Provider or third parties. The newsletter is sent by the Service Provider to Users who have given their consent.
The User may unsubscribe from receiving the Newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by withdrawing consent to sending the Newsletter via the User Account.
The service of maintaining a User Account is available after Registration in accordance with the terms described in the Regulations and consists in providing the User with a dedicated panel on the Store's Website, enabling the User to modify the data provided during Registration, as well as tracking the status of ongoing Orders and the history of already completed Orders.
The User who has registered may submit to the Service Provider a request to delete his/her User Account by sending an e-mail to the Service Provider at the e-mail address provided for Contact. The request to delete the User Account is tantamount to submitting by the User a declaration of termination of the contract for the provision of the User Account service.
The Service Provider is entitled to block access to the User Account and Services if the User acts to the detriment of the Service Provider or other Users, violates the law or the Regulations, as well as when blocking access to the Buyer's Account and free services are justified for security reasons - in particular: the User's breach of the security of the Store's Website or other hacking activities. For these reasons, access to the User Account and Services is blocked for the time necessary to solve the problem that is the basis for blocking access to the User Account and Services. The Service Provider notifies the User about blocking access to the User Account and Services by sending an e-mail to the address provided by the User in the registration form.

§ 12. Termination of the contract for the provision of electronic services (does not apply to Sales Agreements)

The rules contained in the Regulations and the User Account agreement are binding on the User until they are terminated by the User.
The User sends to the Service Provider in writing or electronically by sending an e-mail a declaration of termination of the contract for the provision of the User Account service to the address indicated for the purpose of Contact. The contract for the provision of the User Account service is terminated when the Service Provider receives a declaration of will to terminate the contract for the provision of the User Account service. The receipt by the Service Provider of a statement containing a request to delete the User Account is tantamount to submitting to the Service Provider a declaration of will to terminate the contract for the provision of the User Account service.

§ 13. Changes to the Regulations

The Service Provider may change the Regulations for important reasons such as:

The need to adapt the Regulations to legal provisions having a direct impact on the Regulations and resulting in the need to modify the Regulations in order to comply with the law,
The need to adapt the Regulations to recommendations, orders, judgments, judgments, interpretations, guidelines or decisions of authorized public authorities having a direct impact on the Regulations and resulting in the need to change the Regulations,
Expanding or changing the functionality of the Website, including the introduction of new services provided electronically or changing the existing functionalities of the Website,
Change in technical conditions for the provision of Services,
Change of scope of Services,
The need to remove ambiguities, errors or possible clerical errors that may appear in the Regulations,
Change of contact details, names, identification numbers, electronic addresses or links contained in the Regulations,
Changing the process of concluding contracts via the Online Store,
Counteracting violations or abuses of the Regulations.

Users with a Buyer's Account will be notified about changes to the Regulations in an e-mail sent to the e-mail address provided during Registration, sent at least 14 (fourteen) days before the entry into force of the new version of the Regulations. Other Users will be informed about this in a message on the main page of the Online Store, visible at least 14 (fourteen) days before the entry into force of the new Regulations. Information about changes to the Regulations includes the date of entry into force of the new Regulations and the content of the amended Regulations.
The amended Regulations are binding on the User who has a User Account and who does not terminate the contract for the provision of the User Account service before the date indicated in the notification of the change as the date of entry into force of the amended Regulations.
Orders placed before the changes to the Regulations come into force are processed in accordance with the current wording of the Regulations.

§ 14. Final Provisions

Unless such an obligation results from mandatory provisions of law, the Service Provider does not use out-of-court methods of dealing with complaints and pursuing claims, including out-of-court resolution of consumer disputes.
The Service Provider informs that the Consumer may obtain free assistance in a dispute between the Consumer and the Service Provider by contacting the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including:incl Consumer Federation, Association of Polish Consumers). Information for consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection.
Disputes arising between the Service Provider and a User other than the Consumer shall be submitted to the court competent for the seat of the Service Provider.
The User acknowledges that the Service Provider may send him notifications directly related to the Services used by the User, in particular about changes to the Regulations.
The User acknowledges that failure by the Service Provider to exercise the rights provided for in the Regulations or other rights granted to him under generally applicable law does not constitute a waiver of these rights by the Service Provider, and these rights and powers will remain available to the Service Provider.
The Service Provider may also provide access to the Online Store via other access channels (e.g. as a mobile application), also specifying the conditions of use of these access channels.
Temporary suspension of the functionality of the Online Store does not mean termination of contracts with Users by the Service Provider.
The content of these Regulations may be recorded by printing, saving on a durable medium or downloading at any time from the Store's Website.
Polish law shall apply to resolve any disputes arising under these Regulations.
The Regulations enter into force on February 1, 2020.