GENERAL TERMS AND CONDITIONS

The following Terms and Conditions (Terms) apply to all purchase orders in our online shop available at www.hogai.store, operated by Hogai Sp. z o. o., based in: ul. Ksawerów 21, Warszawa 02-656, Poland, NIP (tax identification number): 9522233096, REGON (statistical identification number): 523390358.

Share capital: 70 000 pln. Our company is registered in the National Court Register of Entrepreneurs kept by SĄD REJONOWY DLA M.ST. WARSZAWY W WARSZAWIE, XIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO under KRS number 0000997093.

1. Scope

Our terms apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with Hogai Sp. z o. o..

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: Polish

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible. We do not deliver to a parcel locker.

5. Payment

The following payment methods are basically available in our online shop.

Credit Card

With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your

legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. Furthermore, businesses are subject to the inspection and notification requirements set out in art. 563 § 1 of Kodeks Cywilny (Polish Civil Code). The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

9. Warranty and guarantees

For consumers the following applies: statutory rights shall apply with respect to liability for defects. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. We are under a legal duty to supply products that are in conformity with this contract. Complaints can be submitted by:

e-mail: complains@hogai.store
post: Hogai Sp. z o. o., ul. A. Ksawerów 21, 02-656 Warszawa, Polska

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. If, because of the kind of the thing or the manner of its assembly, it would be excessively difficult for the buyer to deliver the thing, the buyer shall be obliged to render the thing available for the seller at the place at which the thing is located.

Applicable to businesses: our liability under statutory warranty for defects is excluded due to 558 § 2 of Kodeks Cywilny (Polish Civil Code). Exclusion or limitation of liability under statutory warranty for defects is ineffective if the seller has deceitfully concealed a defect from the buyer.

Applies for both consumers and businesses: for some products additional guarantees may apply; information about any additional guarantees (e.g. producer guarantee) and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.
Customer service: od Monday to Friday, hours: 11 am. – 4 pm.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty

• for guarantee commitments, where agreed • towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Code of conduct

We have submitted to the following code(s) of conduct: Trusted Shops
(https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)

12. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

13. Final provisions

For businesses Polish law applies; the provisions of the UN Convention on Contracts of the International Sale of Goods are excluded.

For businesses, public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.