Terms and Conditions of the Online Store www.hottie-hot.com
§ 1 Subject of Regulation and Sales Rules
- These regulations define the rules for using the HottieHot online store, operating at www.hottie-hot.com, placing orders for goods available in this store, delivering the ordered goods to the buyer, paying the price for the purchased goods by the buyer, and the buyer’s rights related to the sales agreement, including distance selling.
- The online store www.hottie-hot.com conducts sales via the Internet (a distance contract).
- To place an order, the buyer must familiarize themselves with these regulations and confirm this fact. By placing an order, the buyer confirms acceptance of these regulations.
§ 2 Definitions All terms written in capital letters have the meanings assigned below: Order Fulfillment Time – the time in which the store completes the order and hands it over to the carrier responsible for the chosen form of delivery by the buyer. Business Days – weekdays from Monday to Friday, excluding public holidays. Sales Document – a document confirming the sale in the form of a VAT invoice or receipt, selected by the buyer at the order placement stage and delivered to the buyer – in the case of a receipt, in paper form together with the shipment containing the ordered goods, and in the case of an invoice – in electronic form to the email address provided by the buyer. Delivery Method – the method of delivering the ordered goods chosen by the buyer during the order placement. Payment Method – the method of payment for the ordered goods chosen by the buyer during the order placement. Order Form – a questionnaire available on the Seller’s website, used by the buyer to place an order for goods. Consumer – a buyer who is a natural person placing an order, making a purchase, or otherwise using the store for purposes unrelated directly to their economic or professional activity. Buyer – a natural person with full or limited legal capacity, a legal person, or an organizational unit without legal personality, which, in accordance with the provisions of these Regulations, uses the Store. Store – an online service available at www.hottie-hot.com, run by the Seller, through which the buyer can order and purchase goods.
Seller – Martyna Dziewulska Invest NIP 1251433174, REGON: 385686045, address: Kościeszów 6 A/2 03-180 Warsaw.
Goods – movable items presented in the Store that may be the subject of a sales agreement. Sales Agreement – a sales agreement for goods concluded between the Seller and the Buyer through the Store and documented by a Sales Document. Order – an offer placed by the buyer through the Store to conclude a sales agreement with the Seller.
§ 3 Placing Orders
- To place an order and conclude an agreement, the buyer must have an email address and an internet browser, e.g., Chrome, Safari, Firefox, etc.
- Ordering goods is done by selecting the goods in the Store and taking subsequent technical steps based on displayed messages, including adding goods to the cart. The buyer can view the contents of the cart, add or remove goods at any time.
- During the order placement process, the buyer is obliged to provide the delivery address for the goods, telephone number, email address, choose the payment method, and may also request a VAT invoice for the receipt.
- The buyer can register in the Store. Registration allows storing the customer’s personal data and order history in the Store’s database, as well as providing access to orders.
- During registration, the buyer is obliged to provide a unique password known only to them. The registration process and order placement are encrypted using the appropriate protocol.
- The buyer is responsible for not disclosing their password to third parties and is responsible for its disclosure.
- After placing an order, the Seller sends a confirmation of order acceptance to the email address provided by the Buyer in the order form. The confirmation includes all essential elements of the order, such as the order number, total price (including item prices and delivery cost), order fulfillment time, delivery method, and approximate delivery date.
- The agreement between the parties is concluded upon the Buyer’s receipt of the order confirmation from the Seller. The Seller’s acceptance and fulfillment of the order are conditional upon the correct and complete filling out of the order form by the Buyer.
- The Seller will not accept an order if the Buyer provides incomplete data in the order form that hinders the verification of the Buyer’s identity and the proper delivery of the goods. If the Seller is unable to contact the Buyer due to an incorrect address or phone number provided, the order will be canceled.
§4. Prices and Payment
- The prices of all goods presented in the Store are gross prices (including Value Added Tax – VAT) expressed in Polish Zloty (PLN). The price of each item displayed on the Seller’s website at the time of placing the order by the Buyer is binding for the transaction. The price of the goods does not include the cost of delivery, which is provided during the order placement process.
- The cost of delivering the goods is covered by the Buyer.
- The Buyer has the right to choose the delivery method and payment method. The Buyer selects the payment method in the order form.
- The Seller offers the following payment methods: a) Online payment via PayU/PayPal/Blik during the order placement process. The Buyer makes the payment for the goods during the ordering process, and the order is fulfilled upon receiving positive authorization from the electronic payment operator and the Buyer’s bank. b) Payment by bank transfer to the Seller’s bank account. The order will be fulfilled after the funds are received in full on the following bank account: Martyna Dziewulska Invest, VAT ID: 1251433174 Address: Kościeszów 6 A/2, 03-180 Warsaw Account number: 82102010420000810203621232
- The cost, delivery time, and method of delivery of the goods depend on the chosen delivery method specified in the order.
Delivery of Goods
- Deliveries of goods ordered in the Store are made within the territory of the Republic of Poland and selected European countries.
- The Seller dispatches the ordered goods to the address provided by the Buyer within 3 business days (excluding public holidays) from receiving positive authorization from the electronic payment operator and the Buyer’s bank or from receiving the full payment on the Seller’s bank account.
- The delivery time may be extended if the Seller has scheduled a vacation during that period or if the Seller has indicated a longer delivery time in the item description.
- The ordered goods are delivered to the address specified in the order form.
- The Buyer is informed about the order status via email.
- The receipt of goods must be confirmed in writing. Upon receipt of the goods, the Buyer assumes ownership and all risks associated with the possession and use of the goods, including the risk of loss, damage, or destruction of the goods.
- Upon receiving the goods, the Buyer is obliged to check whether the package has any damages incurred during transport and whether it corresponds to the order.
§6. Complaints
- All goods available in the Store are new unless otherwise stated in the item description by the Seller.
- The Seller is liable for physical or legal defects of the goods towards the Buyer who is a Consumer, in accordance with the provisions set out in Articles 556 and subsequent of the Civil
- If the sold item has a defect, the buyer may submit a declaration of price reduction or withdrawal from the contract, unless the seller promptly and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller, or if the seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect. The buyer cannot withdraw from the contract if the defect is insignificant.
- If the buyer is a consumer, they may demand the replacement of the item with a defect-free one or the removal of the defect instead of the solution proposed by the seller, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. When assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the detected defect, as well as the inconveniences to which the buyer would be exposed by another method of satisfaction, are taken into account.
- The consumer buyer’s claim for the removal of a defect or the replacement of an item sold with a defect with a defect-free one expires one year from the date of discovering the defect. However, the running of the limitation period may not end before two years have passed since the item was delivered to the buyer.
- The consumer buyer exercising their rights under the warranty is obliged, at the expense of the seller, to deliver the defective item to the following address:HottieHot, Martyna Dziewulska
ul. Skarbka z Gór 130 lok 4, 03-287 Warszawa
518 566 169
lub do paczkomatu:
WAW13B Berensona 30
518 566 169 - The returned item must be accompanied by the Sales Document and a completed complaint form, which is available for download in the Returns section. In the form, the customer should indicate which option they are interested in: complaint of the item or return of the item.
- Complaints will be processed within 14 days of receiving the notification.
§ 7. Withdrawal from the contract
- Pursuant to Article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287 consolidated text), the consumer buyer who has entered into a distance contract may withdraw from it without stating a reason and without incurring any costs (subject to paragraph 2) by submitting a relevant statement to the Seller within 14 (fourteen) days from the date of receiving the Goods. To meet this deadline, it is sufficient to send the Goods and the statement along with the Sales Document before its expiration to the following address:HottieHot, Martyna Dziewulska
ul. Skarbka z Gór 130 lok 4, 03-287 Warszawa
518 566 169
lub do paczkomatu:
WAW13B Berensona 30
518 566 169 - Cash-on-delivery shipments and those sent by Polish Post will not be accepted.
- The statement of withdrawal from the contract can be submitted on the form available for download in the Returns section. The statement of withdrawal from the contract may also be submitted in another form in accordance with the provisions of the Act on consumer rights.
- In the event of withdrawal from the contract, the contract is considered null and void, and the Seller shall refund the payments made by the buyer within 30 days from the date of receiving the statement.
- The buyer is obliged to return the Goods to the Seller or deliver them to a person authorized by the Seller to receive them immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the entrepreneur has offered to collect the item personally. To meet the deadline, it is sufficient to send the item back before its expiration. The consumer buyer shall bear only the direct costs of returning the item.
- The Seller shall make the refund using the same payment method that the buyer used, unless the consumer buyer has expressly agreed to a different method of refund that does not involve any costs for them.
- The returned Goods should be sent back in an unchanged condition, without any signs of use beyond what is necessary to establish its nature, characteristics, and functioning (trying it on).
- In the case of Goods from the “Swimwear” category, the product must have an undamaged protective sticker located on the inner side of the swimsuit.
§ 8. Personal Data Protection
- The Seller is the data controller of personal data.
- By placing an order in the Store, the buyer gives consent to the processing of their personal data for the purpose of fulfilling the sales contract. Providing personal data by the buyer, to the extent necessary for the performance and proper documentation of the sales contract, is mandatory.
- Detailed information regarding the processing of personal data and the use of cookies is included in the Privacy Policy posted in the Store.
§ 9. Final provisions
- The photos and descriptions used to present the Goods, as well as the name, internet domain, logos, and other intellectual property rights, belong to the Seller, and their use may only be carried out in a manner specified and in accordance with the Regulations or with the Seller’s consent.
- Matters not regulated by these Regulations shall be subject to the generally applicable provisions of Polish law.
- The Regulations do not exclude or limit any rights of the buyer who is a consumer, which are granted to them under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting consumer rights, the latter shall prevail.
- The resolution of any disputes between the Seller and the buyer who is a consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure. The consumer may also use the Online Dispute Resolution (ODR) platform, which is available at https://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.
- The Regulations may be recorded, acquired, and reproduced by printing or saving it on an appropriate data medium.
- The Regulations shall enter into force on May 15, 2023.