Ordering Through the Website: Orders placed through the website “www.hypersens.eu” are subject to these terms and conditions.
Website Ownership: The owner of the “www.hypersens.eu” website is Hypersens Sp. z o.o., headquartered in Toruń, ul. Żółkiewskiego 28/32 (hereinafter referred to as the Contractor).
Order Acceptance: Placing an order through the “www.hypersens.eu” website implies that the Customer accepts the ordering terms outlined in these regulations and commits to adhering to the rules contained therein.
Product Prices: Prices of products published on the “www.hypersens.eu” website are expressed in Polish zloty (PLN) and do not include VAT.
Liability: Hypersens Sp. z o.o. is not responsible for damages resulting from improper or unskilled use of ordered products by the Customer.
Orders
Order Process: Ordering a product is done by submitting a completed Order Form electronically by the Customer and confirming the order acceptance by the Contractor.
Order Confirmation: The Contractor confirms the acceptance of the Order electronically, immediately but no later than within two business days after the Order is registered. Lack of order confirmation within this time means the order is not accepted for processing.
Order Handling on Non-Business Days: Orders sent by the Customer on Sunday and on public holidays are processed by the Contractor for confirmation on the first business day following these days.
Incorrect Order Forms: The Contractor does not process improperly filled Order Forms and promptly informs the Customer of this electronically.
Order Cancellation: Cancellation of the order is possible only before the Contractor begins processing it.
Order Cancellation Confirmation: In the event of an order cancellation, the Customer will receive an electronic confirmation of the cancellation, or if the order has already been fulfilled, information about the inability to cancel the order.
Custom Orders: The subject of the order is a non-prefabricated item made according to the consumer’s specifications and tailored to meet their individualized needs. Therefore, the right to withdraw from the contract concluded outside the business premises or at a distance does not apply to the Customer.
Payments and Shipping
Payment Terms: Payment for the ordered item is made exclusively by bank transfer to the Contractor’s bank account before the Contractor begins processing the order.
Non-Payment: Failure to pay for the order within the specified time will result in the Customer’s withdrawal from the contract.
Personal Pickup Option: When choosing personal pickup, cash payment is possible at the Contractor’s premises.
Order Delivery: The ordered item is delivered to the location indicated by the Customer in the Order Form via the delivery entity.
Delivery Area: Deliveries are made within the territory of the Republic of Poland, in accordance with the procedures of the delivery entity.
Sales Evidence: The proof of sale is an invoice or receipt.
Reporting Damage: If any damage, incompleteness, or violation of the shipment’s integrity is found, the Customer must prepare a damage report in the presence of the delivery entity, detailing the type and extent of the damage. The report is prepared in two identical copies and signed by the Customer and the delivery entity. Drafting a damage report is a necessary condition for the Customer to pursue claims.
Reporting Issues: The Customer must immediately, but no later than the next business day, inform the Contractor of any such situation.
Delayed Pickup: In case of delay in pickup by the Customer, the Contractor is entitled to set a new delivery date. In such cases, the Customer bears the cost of reshipping the order to the specified address. At the Customer’s explicit request, expressed in writing and received by the Contractor no later than three days before the shipment, the Contractor will allow the Customer to pick up the order from the Contractor’s premises.
Repeated Non-Pickup: In case of two consecutive failures to pick up the goods by the Customer at the specified location, the order is canceled, and the delivery costs and any possible damage incurred by the Contractor will be charged to the Customer.
Claims
Contractor’s Liability: The Contractor is liable for non-performance or improper performance of the obligation only for actual damage caused to the Customer; the compensation amount cannot exceed the net value of the order.
Warranty: Every order is covered by the Contractor’s warranty, and the parties exclude the Contractor’s liability for physical defects under the statutory warranty.
Warranty Conditions: General Warranty Conditions can be found on the Contractor’s website.
Complaints Process: If the Customer submits a complaint about the order, the Contractor has 21 days to review it.
Complaint Resolution: If the complaint is accepted, the Contractor has the option to either replace the product with a defect-free one or repair it according to the General Warranty Conditions. The Contractor will notify the Customer of their decision regarding the complaint within 21 business days from the receipt of the complaint, and if this is not possible, the Contractor will inform the Customer of the delay and provide a new complaint resolution date. For complaint review, electronic communication is sufficient.
Shipping Costs in Complaints: At the Contractor’s request, the Customer is obliged to send the product subject to the complaint at their own cost. If the complaint is accepted, the shipping cost will be reimbursed. If the complaint is rejected, the product will be returned to the Customer within seven days of the Customer’s request, which must be submitted no later than 30 days after the decision on the complaint. The product will be returned after the costs have been paid.
Other Rights and Obligations
Proper Use of the Website: The Customer is obliged to use the “www.hypersens.eu” website in accordance with legal regulations, the provisions of these Terms and Conditions, and good practices.
Providing Accurate Data: The Customer is required to provide true information (personal data) in the Order Form.
Prohibited Conduct: The Customer must not use the “www.hypersens.eu” website to place false or fake orders, or engage in any other behavior contrary to good practices.
Accuracy of Provided Information: The Customer declares that all information provided by them while using the “www.hypersens.eu” website is true and accurate to the best of their knowledge.
Temporary Website Suspension: The Contractor has the right to temporarily suspend the website “www.hypersens.eu” from accepting orders due to maintenance work.
Right to Withdraw from the Contract: The Contractor has the right to withdraw from the Agreement in case of violation by the Customer of the Terms and Conditions, especially if incorrect personal data or payment details are provided.
Contractor’s Commitment: The Contractor will make every effort to perform its services with due diligence and is committed to maintaining the confidentiality of correspondence and securing the server against unauthorized access.
Final Provisions
Acceptance of Terms: Submitting the Order Form by the Customer is equivalent to accepting the Terms and Conditions.
Non-Infringement of Customer Rights: These Terms and Conditions do not infringe the rights of the Customer arising from the provisions of:
The Act of July 27, 2002, on specific conditions of consumer sales,
The Civil Code of April 23, 1963 (Journal of Laws No. 16, item 93, as amended) on sales, warranty, and guarantee,
The Act of March 2, 2000, on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271, as amended).
Governing Law: Matters not regulated by these Terms and Conditions are governed by Polish law.
Changes to the Terms and Conditions: The Contractor is entitled to amend the Terms and Conditions. The changes take effect upon their publication on the “www.hypersens.eu” website. Changes to the Terms and Conditions do not affect orders successfully placed before the date of their announcement.
Effective Date: These Terms and Conditions are effective from March 3, 2016.
Personal Data Protection
Data Controller: The data controller is Hypersens Sp. z o.o., headquartered at ul. Żółkiewskiego 28/32 in Toruń (87-100), registered in the business register maintained by the District Court in Toruń, 7th Commercial Division of the National Court Register, KRS number: 0000574373, NIP: 9562312821, REGON: 362429381; with a fully paid share capital of PLN 10,000. Email address: office@hypersens.eu.
Processing Principles: When processing personal data, we apply the following principles:
Legality: Processing of personal data can only occur if at least one of the legal grounds provided by law exists (e.g., consent from the person the data pertains to);
Purpose: There must be a specific, clear, and legally justified purpose for processing data. If processing serves multiple purposes, consent/basis is required for all purposes.
Adequacy: We only process the data necessary for the purpose for which it is collected;
Accuracy: The data controller is obliged to ensure that the data it collects is accurate and updated as necessary. The controller should evaluate the reliability of the data source and implement methods to verify the accuracy of the processed data;
Data Retention: We do not process data longer than necessary.
Data Integrity and Confidentiality: Your data is secured using appropriate technical and organizational measures. We take the utmost care to
