TERMS AND CONDITIONS

General Terms and Conditions and Customer Information

1) Scope of application

1.1 These General Terms and Conditions of Zuzanna Jeske
HOT DOGGIES Zuzanna Jeske (hereinafter referred to as "Seller”) apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Customer”) and the Seller relating to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 In addition to clicking the button that concludes the ordering process, the Customer confirms by ticking an additional checkbox that the order entails an obligation to pay.

2.4 The Seller will send the Customer a confirmation of the conclusion of the sales contract, together with the order number, within a reasonable time after the contract has been concluded.

2.5 The Seller may accept the Customer's offer within five days

- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case receipt of the order confirmation by the Customer is decisive, or

- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or

- by requesting the Customer to pay after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.6 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.7 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.8 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct the data entered during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.9 Only the Polish language is available for the conclusion of the contract.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and payment conditions

4.1 The prices stated by the Seller are total prices. They include the statutory value added tax. Prices are displayed in the currency of the country selected by the Customer (e.g. EUR, PLN, CHF, GBP). The price and currency stated in the order summary are binding. Prices are converted at the current exchange rate. Any currency conversion fees charged by the Customer's bank are borne by the Customer. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 Several payment methods are available to the Customer. They are stated in the Seller's online shop.

4.3 If a payment method offered via the payment service “Shopify Payments” is selected, payment will be processed via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, which may be subject to special payment conditions, to which the Customer will be referred separately if applicable. Further information on “Shopify Payments” is available at https://www.shopify.com/payments

5) Delivery and shipping conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 The goods remain the property of the Seller until the Customer has paid the purchase price in full.

5.3 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. For the costs of return shipment, the provision in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.

5.4 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or to a person authorised to receive them. Notwithstanding this, for consumers the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the goods have been handed over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution with the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 Self-collection is not possible.

6) Liability for defects (warranty)

6.1 If the purchased item is defective, the statutory provisions on liability for defects apply. Notwithstanding this, the following provisions apply:

6.2 If the Customer acts as a trader,
the Seller may choose the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, rights and claims for defects are generally excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

6.3 If the Customer acts as a consumer, the following restriction applies to used goods: claims for defects are excluded if the defect only appears more than one year after delivery of the goods. Defects that appear within one year of delivery of the goods can be asserted within the statutory limitation period.

6.4 The limitations of liability and shortened periods set out above do not apply
- to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to claims for damages and reimbursement of expenses by the Customer, and
- if the Seller has fraudulently concealed the defect.

7) Redemption of promotional vouchers

7.1 Vouchers with a specific period of validity which are issued free of charge by the Seller as part of promotional campaigns and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller's online shop and only within the stated period.

7.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

7.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

7.4 Several promotional vouchers can be redeemed in one order.

7.5 If a promotional voucher refers to a fixed amount rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. The Seller does not refund any remaining balance.

7.6 If the value of the promotional voucher is not sufficient to pay for the order, the difference can be settled using one of the other payment methods offered by the Seller.

7.7 The value of a promotional voucher is neither paid out in cash nor subject to interest.

7.8 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with a promotional voucher within the scope of their statutory right of withdrawal.

7.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the holder's lack of entitlement, legal incapacity or lack of authority to represent.

8) Applicable law and place of jurisdiction

8.1 If the Customer acts as a trader, the law of the country in which the Seller has its registered office applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods, and the court competent for the Seller's registered office has exclusive jurisdiction for all disputes arising from this contract.

8.2 If the Customer acts as a consumer, the law of the country in which the Customer has their habitual residence applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods, and the place of the Customer's residence is the exclusive place of jurisdiction for all disputes arising from this contract.

9) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.