Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE HISTFENC.EU AND THE PROVISION OF SERVICES BY ELECTRONIC MEANS

(hereinafter referred to as: “Terms and Conditions”)

§ 1. GENERAL PROVISIONS

1. These Terms and Conditions define the general conditions of using the Store, in particular the conditions of concluding the Sales Agreement, the conditions of placing orders for the Commodities offered by the Seller, delivering the ordered Commodities to the Customer, paying the Sale Price of such Commodities by the Customer and the Customer's right to cancel the Order and withdraw from the agreement, and also the rules for submitting and considering complaints.

2. Whenever the following capitalized terms are used in the Terms and Conditions, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

Price - specified in Polish zlotys or in another currency (if the Buyer's place of residence is outside the territory of the Republic of Poland), the amount of gross remuneration (including tax) due to the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include delivery costs, unless the terms of the Promotion applied by the Store provide otherwise;

a) Price - specified in Polish zlotys or in another currency (if the Buyer's place of residence is outside the territory of the Republic of Poland), the amount of gross remuneration (including tax) due to the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include delivery costs, unless the terms of the Promotion applied by the Store provide otherwise;

b) Business day - a day of the week from Monday to Friday, excluding public holidays;

c) Password - a string of alphanumeric characters, necessary for authorization when accessing the Account, which is specified by the Customer while They are creating the Account. The Customer is obliged to keep the Password strictly confidential (not to disclose it to any third parties). The consequences of disclosing the login and password to third parties by the Customer bears the Customer. The password can be changed in the Account settings. The Seller may provide the Customer with the possibility of the so-called recover a forgotten Password in the manner specified in the Store;

d) Order Form - a document template with fields to be filled in, through which the Customer places the Order;

e) Customer/Customers - a natural person with full or limited legal capacity or a legal person or an imperfect legal person properly represented by a proper natural person who uses the Website, in particular places an Order.

f) Discount code - a discount code issued by the Seller authorizing the purchase of Commodities offered for sale in the Store at a promotional price or taking into account a rebate of interest or amount discount. The Customer may receive a discount code on separate terms established by the Seller;

g) Consumer - a Customer who is a natural person concluding a Sales Agreement with the Seller for purposes not directly related to its economic activity or professional activity and a person who is running a sole proprietorship, making purchases not related to their enterprise;

h) Account - space made available to the Customer as part of the Store in accordance with the Sales Agreement, allowing the Customer to use additional functions/services. The Customer gains access to the Customer Account by using the Login and Password. The Customer logs in to his Account after registering on the Store's website;

i) Cart - a system tool (functionality) that makes it easier for Customers to make purchases in the Store, in particular, enabling the collection of selected Commodities in one place, including possible shipping costs to place an Order and for Customers who have an Account, remembering the Commodities added to the Cart also after the end of the browser session;

j) Login - the Customer's e-mail address provided when the Customer was creating the Account as part of the Store's operation;

k) Newsletter - a free of charge service provided electronically via e-mail, thanks to which the Customer may receive from the Seller electronically previously ordered messages regarding the Store, including information about offers, promotions and new products in the Store;

l) Customer Service - the entire infrastructure (social and technical) created by the Seller for the purpose of communication with the Customer, which takes place primarily by phone/e-mail/via written correspondence, through which the Customer can obtain information about the Commodities, the Store, the Terms and Conditions and current Promotion;

m) Partner – a person with who the Seller cooperates in order to fulfill Orders, including in particular an entrepreneur whose business is the delivery of parcels;

n) Promotions - special conditions of sale, regulated on the terms set out in separate regulations, regarding the Store's special offer valid at a specific time, which the Customer may use on the terms specified therein. In the event of discrepancies between the provisions of the relevant Promotion regulations and the provisions of the Terms and Conditions, the provisions of the relevant Promotion regulations shall prevail;

o) Terms and Conditions - this document specifying the rights and obligations of the Customer and the Seller;

p) Store - the HISTFENC.EU online store that is being run by the Seller, through which the Seller sells the Commodities and provides the Services offered by the Seller;

q) Seller - Histfenc sp. z o.o. with its registered office in Toruń (formerly: „HISTFENC” Andrzej Zmuda Trzebiatowski), ul. Wapienna 46, 87-100 Toruń, entered into the register of entrepreneurs of the National Court Register under the KRS number KRS 0001213849, NIP 8792773092, REGON 543616309.

r) Commodity - a movable, presented in the Store's offer, that may be the subject of a Sales Agreement, specified in detail in the Order, whenever the Terms and Conditions refer to Commodities, this also applies to goods resulting from the implementation of Individualized Orders, unless otherwise stated in the content of a given provision;

s) Content/Content - text, graphic or multimedia elements (e.g. information about the Commodities, photos of the Commodities, promotional films, descriptions, logos, photos, comments, etc.), including works within the meaning of the Act of February 4, 1994 on copyright and related rights and images of natural persons that are posted and disseminated by the Seller, the Seller's contractors, the Customer or another person who is using the Store;

t) Sales Agreement - a sales agreement within the meaning of the Civil Code, concluded using means of distance communication and regarding the sale of Commodities by the Seller to the Customer for the payment of the Price including any shipping costs;

u) Order - a declaration of will made by the Customer for the Seller, in accordance with the provisions of the Terms and Conditions, via the form e-enabled as part of the Store, specifying the Commodities that the Customer buys and the necessary data of the Customer for the conclusion and performance of the Sales Agreement;

v) Individualized Order (CUSTOM) - an order through which the Customer buys the Commodity that was made according to the Customer's specifications (instructions, recommendations, guidelines, etc.) and/or the Commodity that is available in the Store, modified by applying individual features indicated by the Customer, i.e. an item manufactured according to the Customer's specifications .

§ 2. GENERAL RULES FOR USING THE STORE

1. Acceptance of the Terms and Conditions is voluntary, but necessary in order to make a purchase in the Store and create a Customer Account.

2. The Customer may change and correct the data entered when they were creating the Account at any time by using the options available under the Customer Account.

3. To browse the Store, including browsing the Store's assortment, a terminal device with access to the Internet and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version and an active e-mail account with Javascript enabled (e-mail) is essential. To use some of the Store's functionalities, including registration in the Store, as well as placing Orders for Commodities, an active e-mail account is also required.

4. Using the Store and the Services offered through it means agreeing to the conditions set out in these Terms and Conditions.

§ 3. CUSTOMER SERVICE

The Customer Service provides Customers with information on the activities conducted by the Store on Business Days from 7:00 am to 3:00 pm at the phone number +48 605 309 768 and at the address e-mail: info@histfenc.com. The Customer’s charge for a phone call to the indicated number is equal to the charge for a phone call in accordance with the tariff package of the service provider used by the Customer.

§ 4. INTELLECTUAL PROPERTY RIGHTS

1. All rights to the Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, software, as well as to patterns, forms, logos, photos, etc. posted on the Website belong to the Seller, and the use of them may take place only in the manner specified and in accordance with the Terms and Conditions, and if it goes beyond the limits of the Terms and Conditions, only with the prior consent of the Seller expressed in writing under pain of nullity.

2. The Customer, by posting any Content within the Store, in particular comments or reviews, anywhere in the Store, hereby grants the Seller a non-exclusive, a free of charge license to use, save in the computer memory, change, delete, supplement, public performance, public display, reproduction and distribution (in especially on the Internet) of these Content, all over the world. This right includes the right to grant sub-licenses to the extent justified by the implementation of the Sales Agreement in the fields of use indicated above, as well as the authorization to exercise independently or through third parties subsidiary rights in the field of development, adaptation, modification and translation of the work within the meaning of the Act of February 4, 1994 on copyright and related rights.

§ 5. PLACING ORDERS AND MAKING PAYMENTS

1. The Customer may place the Orders via the Store 7 days a week, 24 hours a day.

2. The Orders are processed during the Store's working hours (on Business Days, from 7.00 a.m. to 3.00 p.m.). Orders placed on a Business Day after 3 p.m., on Saturdays, Sundays or public holidays will be processed on the next Business Day. A Customer placing an Order via the Store completes the Order by selecting a Commodity they are interested in. The Commodity is added to the Order by selecting the "add to Cart" button. After completing the entire Order, the Customer goes to the Cart, where by selecting the "proceed to checkout" button, they go to the Order form consisting of 4 steps:

  • Step 1. Personal information: The Client decides whether they want to place an order as a Guest or as a Sing in - if the Customer logs in earlier, this stage will be skipped. 
  • Step 2. Addresses: Here the Customer enters the data required for the shipping process and for an invoice. 
  • Step 3. Shipping method: The Customer chooses from among the carriers' offers presented to them. Accepts shipping costs generated based on the delivery address provided in Step 2 and the size of the package depending on the products selected. Shipping costs are added to the total order value. 
  • Step 4. Payment: The Customer indicates the form of payment.

3. The Customer to place the Order by sending the Order form to the Seller, shall select the "Order with payment obligation" button. Each time before submitting the Order to the Seller, the Customer shall be informed about the total Price for the selected Commodity and delivery, as well as about all additional costs that they are obliged to incur in connection with the Sales Agreement. Selecting the button "order with an obligation to pay" amounts to submit by the Customer a declaration of conclusion of the Sales Agreement.

4. The Seller shall confirm to the Customer the conclusion and content of the Sales Agreement in the form of an electronic message.

§ 6. PRICES AND PROMOTIONS

1. The Seller reserves the right to update the Prices of the Commodities posted in the Store. The Prices of the Commodities in the scope of Orders placed by the Customer before introducing the changes that are referred to in the preceding sentence, remain binding for the Customer. 

2. The Prices within the Store include all applicable taxes. The Prices do not include shipping costs for the delivery of the Commodity to the Customer, which are specified separately. However, the Seller may, in the period of his choosing, in the terms of the Promotion, specify the minimum value of the Order for which the shipment (delivery) of the Commodity is free or the delivery price is periodically reduced. 

3. A product that is delivered outside the European Union may require to pay duty or appropriate tax of the Buyer under the regulations in force in the country of destination. 

4. The total amount payable (including the Price and, depending on the terms of the Promotion, also delivery costs) by the Customer may be reduced by a specific percentage or amount discount by using the Discount code. The Seller shall define the rules for granting and using the Discount codes under separate Promotion conditions established by the Seller. 

5. In-Store Promotions may not be combined, unless the provisions of the Promotion expressly provide otherwise. Promotions may include a limited number of Commodity.

§ 7. PAYMENT AND REFUND RULES

1. Orders placed in the Store may be paid up front (before collecting the Order), and in the case of Orders delivered to Poland (only) also cash on delivery. 

2. Payments up front may be made via PayPal, BLIK, card payment, bank transfer via an external payment system imoje, operated by ING Bank Śląski S.A. with its registered seat in Katowice, Stripe, WISE. 

3. The deadline for payment for the Commodities, if the chosen payment is up front, is 7 days from the date of  concluding the Sales Agreement. Failure to make the payment by the above-mentioned period, despite the expiry of the designated additional 7-day period, results in the termination of the Sales Agreement. 

4. If the Consumer has made a payment by a payment card or a bank transfer via the electronic payment system, the repayment of duty (for example due to withdrawal from the Sales Agreement) is generally made to the payment card or to the bank account from which the original payment was made. Nevertheless, the Seller reserves the right (in any case) to refund to the bank account number indicated by the Consumer in the withdraw from the sales agreement declaration referred to in § 9 section 1 of the Terms and Conditions and/or the complaint form referred to in § 10 sec. 4 of the Terms and Conditions, provided that the Customer has expressly agreed to such a method of refund (by providing the account number) and a refund in a different form shall not incur any costs for the Consumer. In any case, the refund of funds spent with a mean of payment in the form of a gift card (in the event of introducing such a product to the Store) may only be made to the gift card. 

5. It is not possible to pay for parts of the Order up front, and for parts of the Order cash on delivery.

§ 8. DELIVERY OF THE COMMODITIES

1. The Order fulfilment shall commence after receiving information about the successful completion of the payment. 

2. The Seller shall carry out Orders on the territory of the Republic of Poland and abroad. 

3. The Order fulfilment date understood as the date of sending the Commodity to the indicated address (counted from the moment of receiving information about the successful completion of the payment and in the case of payment on delivery, counted from the completion of the Order preparation process) is a maximum of 30 days (on average it is 7-14 Business Days), subject to this period may be extended due to the specificity of the a given order fulfilment, a country of shipment in the case of a large number of Orders, etc. 

4. The ordered Commodities shall be delivered to the Customer via the Partner to the address indicated in the Order form. In case of choosing delivery to a parcel locker or a collection point, the delivery address is the address of the parcel locker or collection point indicated by the Customer during placing the Order. 

5. The Seller has the right to change the method of delivery of the Commodity selected by the Customer, subject to the Consumer shall not incur extra cost in relation to this. The situation referred to in this section applies in particular to the situation when the cooperation between the Seller and the Partner has been terminated for any reason. 

6. The Customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the parcel, the Customer should immediately inform the Seller about this fact. In the situation referred to in the previous sentence, the Consumer has the right to request the Partner's representative to draw up the appropriate protocol in accordance with art. 74 sec. 4 of the Act of November 15, 1984 on Transport Law. In the case of Customers who are not Consumers, the Seller is not responsible for damage to the Commodities caused by the Partner's fault. 

7. In the absence of the Customer at the address indicated by them (indicated during placing the Order as the delivery address), the Partner's representative shall leave an advice note and/or shall attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Commodities to the Store, the Seller shall contact the Customer by e-mail or by phone, again agreeing with the Customer the date and cost of delivery. 

8. Collection in person of the Commodities is impossible.

§ 9. WITHDRAWAL FROM THE SALES AGREEMENT

1. A Consumer (only) who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason. The period for withdrawal from the Sales Agreement starts from the moment the Consumer takes possession of the Commodity. The Consumer may withdraw from the Sales Agreement by submitting a withdrawal from the Sales Agreement declaration to the Seller. This declaration may be submitted in particular in writing to the address of the Seller or via e-mail to the e-mail address of the Seller. The declaration may be submitted on the form, the specimen of which has been posted by the Seller on the Website. To meet the deadline, it is enough to send a declaration before its expiry. 

2. In the event of withdrawal from the Sales Agreement, it is considered as not concluded. If the Consumer submitted a withdrawal from the Sales Agreement declaration before the Seller accepted their offer, the offer ceases to be binding. 

3. The Seller is obliged to immediately, but not later than within 14 days from the date of receipt of the Consumer's withdrawal from the Sales Agreement declaration, return all payments made by them, including the cost of delivery of the Commodity to the Consumer. The Seller may withhold the refund of payments received from the Consumer until the Commodity is received or the Consumer has provided proof of returning the Commodity, depending on which event occurs first. If the Consumer exercising the right of withdrawal chose a method of delivery of the Commodity other than the cheapest, regular method of delivery of the Order, offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. 

4. The Consumer is obliged to return the Commodity to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Commodity to the address: st. Wapienna 46, 87-100 Toruń, before that date. In the event of withdrawal, the Consumer bears only the direct costs of returning the Commodity. The original fiscal receipt or VAT invoice must be attached to the returned Commodity. 

5. The Consumer bears the costs of shipping the Commodity to the Seller, and this clause should be understood as informing the Consumer about the necessity to bear these costs. 

6. In the event of failure to collect the parcel by the Customer/Consumer, including failure to pay the relevant charges (shipments sent cash on delivery, foreign shipments, etc.), the Seller has the right to demand from the Customer/Consumer a refund of any costs incurred by the Seller, which the Customer/Consumer acknowledges. 

7. The Consumer shall be liable for the decrease in the value of the Commodity as a result of their use beyond what is necessary to establish the nature, characteristics and functioning of the Commodity. 

8. In the event of withdrawal from the Sales Agreement by the Consumer, the Seller shall refund the payment on the terms set out in these Terms and Conditions. 

9. In no case the right to withdraw from the Sales Agreement is granted to the Consumer who placed the Individualized Order, to the Customer who is not a Consumer and in situations specified by the provisions of generally applicable law.

§ 10. WARRANTY

1. The Seller provides the delivery of the Commodity free from physical and legal defects. The Seller is liable to the Customer if the Commodity has a physical or legal defect (warranty).

2. If the Commodity has a defect, the Customer may submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Commodity with a Commodity free from defects or removes the defect. This limitation does not apply if the Commodity has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the Commodity with a non-defective one or to remove defects.

3. If the Customer is a Consumer, they may, instead of the removal of the defect proposed by the Seller, demand to replace the Commodity with a Commodity free from defects, or instead of replacing the Commodity, demand to remove the defect, unless it is impossible to bring the Commodity into compliance with the Sales Agreement, in a manner chosen by the Customer, or it would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Commodity free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to any other method of adjustment of claims would subject the Customer.

4. Any complaints related to the Commodity and/or to the performance of the Sales Agreement may be directed by the Customer in writing to the Seller's address. The Customer who exercises a warranty entitlement is obliged to deliver the defective Commodity to the Seller's correspondence address, i.e. st. Wapienna 46, 87-100 Toruń, Poland. If the Customer is the Consumer, the cost of delivery is covered by the Seller. The Customer may also submit a complaint to the Seller by the use of services provided electronically. The complaint may be submitted in electronic form and sent to the address info@histfenc.com. In the complaint form, the Customer should include a description of the problem. The complaint may be submitted on the form, the specimen of which has been posted by the Seller on the Website.

5. The Seller is liable under the warranty if a physical defect is found by two years of the Commodity being delivered to the Customer. The claim for removal of the defect or replacement of the Commodity with a Commodity free from defects shall be time-barred after one year, but this period may not end before the expiry of the period specified in the previous sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of Price reduction due to a defect in the Commodity. If the Customer requested replacement of the Commodity with a Commodity free from defects or removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a declaration of Price reduction begins with the ineffective expiry of the deadline for replacing the Commodity or removing the defect.

6. Defects of the Commodity shall not be constituted by a slight difference between the shade of the Commodity presented on the Website and the shade of the Commodity delivered to the Consumer, in particular the difference resulting from technical reasons, e.g. the specifications of screen monitors used by the Parties, etc.

7. For the Customers who are not Consumers, the rights resulting from the warranty are excluded, unless the Seller decides otherwise.

8. In the case of Individualized Orders, the received Commodity may differ from the information indicated on the Store's website, to the extent specified by the customer themselves (eg color, size, type of finish, material) and this difference cannot constitute the basis for a complaint.

9. In the case of Individualized Orders, the Customer is obliged to indicate the dimensions needed to fulfil the Order, and the Seller shall in no case be liable for dimensions that was indicated incorrectly by the Customer and/or for errors made by the Customer while taking measurements. The provisions of section 6 above shall apply accordingly.

§ 11. PERSONAL DATA

1. The rules for the protection of Personal Data are set out in the Privacy Policy. The Privacy Policy is described in a separate document.

2. The Website uses the "Cookies" mechanism. The use of "Cookies" is aimed at the correct operation of the Website on end devices. The "Cookies" policy is described in the Privacy Policy.

3. The public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying the Customer data by unauthorized persons, therefore the Seller recommends to the Customers to use appropriate technical measures to minimize the above-mentioned risks (anti-virus programs). The Seller never asks Customers to make other than necessary data available to conclude a Sales Agreement (full name, delivery address of the Commodity, telephone number and e-mail address) and to send marketing content (after prior consent of the Customers) .

§ 12. ELECTRONIC SERVICES

1. The Seller provides to the Customers, by electronic means, 7 days a week, 24 hours a day, free of charges services:

a) Account Maintenance - the service that consists in providing the Customer with access to an individual panel, enabling the Customer to place Orders, track the status of Order fulfilment and the history of already completed Orders,

b) Newsletter - the service that consists in sending by the Seller, to the e-mail address, an electronic message containing information about the Commodities (including Promotions) and/or new products and/or services in the Seller's offer, the newsletter is sent by the Seller to all Customers who have subscribed).

2. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected, free of charges services mentioned about which he shall inform the Customers in a manner appropriate to the amendment of the Terms and Conditions.

3. The Newsletter service may be used by any Customer who enters their e-mail address, using the registration form provided by the Seller on the Website. After submitting the completed registration form, the Customer shall immediately receive an activation link by e-mail to the e-mail address provided in the registration form in order to confirm the subscription to the Newsletter. As soon as the link is activated by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded. The Customer may at any time unsubscribe from the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Account.

4. The Seller is entitled to block access to the Account if the Customer acts to the detriment of the Seller and/or other Customers, and also when blocking access to the Account is justified for security reasons. The Seller shall notify the Customer about blocking access to the Account.

§ 13. FORCE MAJEURE

1. The Seller shall not be responsible for the consequences that could not be foreseen while exercising due diligence, i.e. in the event of the so-called force majeure.

2. "Force majeure" means events that could not be foreseen at the time of the conclusion of this Agreement, caused by a coincidence of circumstances such as: war, riots, fire, weather conditions, flood, epidemic or pandemic, earthquake and others natural disasters and government-issued prohibitions or regulations, as well as general and sectoral strikes officially undertaken by trade unions.

§ 14. FINAL PROVISIONS

1. The Seller has the right to temporarily suspend the activities of the Store in connection with carrying out maintenance works and to completely cease the Store's operations without giving reasons.

2. The Seller is liable for non-performance or improper performance of the Sales Agreement, subject to Sales Agreements concluded with Customers who are not Consumers, the Seller shall be liable only in the event of deliberate damage and within the limits of the damage actually incurred by the Customer who is not a Consumer.

3. The contents of these Terms and Conditions may be recorded by printing, saving on a carrier or downloading from the Website at any time.

4. In the event of a dispute arising under the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Terms and Conditions s is Polish law.

5. The Seller shall inform the Consumer about the possibility of using extrajudicial means of examination of a claim and vindication of claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer advocates or Provincial Trade Inspection Inspectorates, the list of which is available on the website of the Office of Competition and Consumer Protection.

6. Recognition individual provisions of these Terms and Conditions in the manner prescribed by law as invalid or ineffective, does not affect on the validity or effectiveness of the remaining provisions of the Terms and Conditions. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and the entire Terms and Conditions shall be applied.

7. The Seller reserves the right to amend these Terms and Conditions. All Orders accepted by the Seller to fulfilment, before the effective date of the Terms and Conditions in the new wording, are fulfilled on the basis of the Terms and Conditions in force on the date of placing the Order by the Customer. The amendment to the Terms and Conditions comes into force within 7 days from the date of publication on the Website. The Seller shall inform the Customers, 7 days before the entry into force of the new wording of the Terms and Conditions, about the amendment to 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 Terms and Conditions, they are obliged to notify the Seller about this fact, which results in the removal of the Account by the Seller.

8. Agreements with the Seller are concluded in Polish, and in the case of Customers who do not speak Polish, in English.

9. The Regulations shall enter into force on 02.01.2026.