Terms and conditions

I. Definitions

The terms used in the Terms & Conditions mean:

1. Customer – a natural person, legal person or an organizational unit that is not a legal person, with legal capacity granted on the basis of specific provisions, who places an Order within the Store;
2. Consumer – pursuant to art. 22[1] of the Civil Code, a natural person performing a legal transaction with an entrepreneur not directly related to the Consumer’s business or professional activity;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Terms & Conditions – these Terms & Conditions defining the general rules of sale and provision of electronic services as part of the 4horeca.eu online store;
5. Online Store (Store) – a website available at https://4horeca.eu/, through which the Customer may, in particular, place Orders;
6. Goods – products presented in the Online Store;
7. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between 4horeca.eu and the Customer using the Store’s website;
8. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
10. Order - Customer’s declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

II. General Provisions

1. These Terms & Conditions define the rules for using the online store available at https://4horeca.eu/.
2. These Terms & Conditions are the regulations referred to in art. 8 of the Act on the provision of electronic services.
3. The 4horeca.eu online store, operating at https://4horeca.eu/, is run by POLSKA GRUPA TEKSTYLNA Sp. z o.o., Zeusa 27, 01-497, Warsaw, NIP: 522-270-98-59, REGON: 015633446. PGT Sp. z o. o., which is entered in the Register of Entrepreneurs kept by the Warsaw District Court, 13th Department of the National Court Register, under the number 0000191366.
4. These Terms & Conditions specify in particular:
   • rules for registering and using an account within the Online Store;
   • terms and conditions for placing Orders electronically as part of the Online Store;– rules for concluding Sales Agreements using the services provided as part of the Online Store.
5. Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: a computer with a 1.0 GHz processor.
6. In order to use the Online Store, the Customer should obtain access to a computer or an end device with Internet access.
7. In accordance with applicable law, 4horeca.eu reserves the right to limit the provision of services via the Online Store to persons over 18 years of age. In this case, potential Customers will be notified of the above.
8. Customers can access these Terms & Conditions, download them and print them out at any time via the link on the home page of the website https://4horeca.eu/.

III. Rules for using the Online Store

1. Registration in the Online Store is optional. The Customer may place an order without registering in the Store, after reading and accepting these Terms & Conditions.

2. Registration takes place by completing and accepting the registration form available on one of the Store’s pages.

   The condition for registration is consent to the content of the Terms & Regulations and providing personal data marked as mandatory.
   4horeca.eu may deprive the Customer of the right to use the Online Store, as well as may limit the Customer’s access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach by the Customer of the Terms & Conditions, and in particular if the Customer:

   • provided untrue, inaccurate or outdated data during registration in the online store, misleading or infringing the rights of third parties,
   • committed an infringement of the personal rights of third parties through the Online Store, in particular the personal rights of other Customers of the Online Store,
   • engaged in other behaviors that will be deemed by 4horeca.eu to be inconsistent with applicable law or general principles of using the Internet, or detrimental to the good name of 4horeca.eu.
3. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data sent via the Internet.
4. The customer is obliged in particular to:
   • use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms & Conditions, as well as with the general principles of using the Internet.
   • not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
   • use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices
   • not taking actions such as: sending or posting unsolicited commercial information (spam) while using the Online Store,
   • use the Online Store in a way that is not inconvenient for other customers and 4horeca.eu,
   • use any content posted as part of the Online Store only for the Customer’s own personal use.

IV. The procedure for concluding a Sales Agreement

1. In order to conclude a Sales Agreement via the Online Store, go to the website https://4horeca.eu/ and select the Goods by taking technical steps based on the messages displayed to on the website and the information available on it.
2. The Customer selects the chosen Goods by adding them to the basket.
3. When placing the Order – until clicking the button confirming the submission of the Order – the Customer can modify the entered data and the selected Goods. To do this, the Customer should follow the messages displayed on the website and available on it.
4. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order is displayed. The summary of the placed Order includes, among others: a description of the selected goods or services, the total price and all other costs.
5. In order to send the Order, it is necessary to accept the content of the Terms & Conditions, provide personal data marked as mandatory and press the button confirming the submission of the Order.

6. Information about the Goods provided on the Store’s website constitute an offer within the meaning of art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with 4horeca.eu, in accordance with the Terms & Conditions.

   The Sales Agreement is considered concluded when the IT system of the Online Store receives the Customer’s Order, provided that the Order complies with the Regulations.
   After concluding the Sales Agreement, the Customer receives an e-mail containing confirmation of the essential elements of the Order.

7. The Sales Agreement is concluded in Polish, with the content in accordance with the Terms & Conditions.

8. Customers can access these Terms & Conditions, download them and print them out at any time via the link on the home page of the website https://4horeca.eu/.

   Recording, securing and sharing the Order data and the General Terms and Conditions (sales regulations) takes place via e-mail. Previous orders are visible in the Customer’s account after logging in.

V. Delivery

1. The delivery of the Goods is limited to the area of the countries of European Union. The Goods are delivered to the address indicated by the Customer when placing the Order.

2. The delivery of the ordered Goods is carried out via:

   Courier services

   It is not possible to pick up the ordered goods in person.

Delivery costs are:

1. INPOST PACKAGE LOCKER (for Poland):
   SIZE A – according to the current price list
   SIZE B – according to the current price list
   SIZE C – according to the current price list
2. INPOST CURIER (for Poland) – according to the current price list
3. CURIER GLS (all countries) – according to the current price list In addition, the delivery costs will be indicated each time when placing the Order.
4. The delivery time is counted from the moment of shipment and is usually 1-2 business days for Poland and 3-5 for other countries.

5. Damage to the Goods during delivery.

   In the case of a distance consumer purchase, our Store bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (point VIII of the Terms & Conditions), unless the delay exceeds the warranty period adopted by the deliverer. Faster reporting of damage caused during transport helps us to pursue our own claims against the deliverer or transport insurer.

VI. Prices and Methods of Payment

1. The prices of the Goods are given in euros or in Polish zlotys and include all components, including VAT, customs duties and any other possible additions.

2. The customer has the option of paying the amount due:

   • by traditional transfer to the account:

     Polska Grupa Tekstylna Sp. z o. o.
     Zeusa 27, 01-497 Warsaw
     Account number: 61 1050 1416 1000 0090 3082 0055
     Title of the transfer: order number, name, surname, company name (if applicable)

   • payment via Przelewy24.
3. The customer is obliged to pay the fee for the placed Order within 7 days from the date of placing the Order. Otherwise, the Order will be cancelled.

VII. Right of withdrawal

Right of withdrawal

The Customer has the right to withdraw from the Sales Agreement within 14 days without providing a reason. The deadline to withdraw from the Sales Agreement expires after 14 days from the day on which the Customer came into possession of the item or on which a third party other than the deliverer and indicated by the Customer came into possession of the item.
A Customer who is an entrepreneur (buyer who has received a VAT invoice for his business or professional activity for the purchased products), who wants to return the goods, has up to 14 days from the moment when he came into possession of the item or when a third party other than the deliverer and indicated by the Customer who is an entrepreneur, came into possession of the item.

In order to exercise the right to withdraw from the Sales Agreement, the Customer must inform Polska Grupa Tekstylna sp. z o.o., Zeusa 27, 01-497 Warszawa, info@pgt-care.com, tel. (+48) 534 431 323, about the decision to withdraw from the Sales Agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer can use the withdrawal form available at the end of this page or download it here: return form
In order to meet the deadline for withdrawal from the Sales Agreement, it is enough for the Customer to send information regarding the exercise of his right to withdraw from the Sales Agreement before the deadline for withdrawal from the Sales Agreement.
Consequences of withdrawing from the Sales Agreement
In the event of withdrawal from the Sales Agreement, the Store returns the payments to the Customer immediately, and in any case not later than 14 days from the day on which the Store was informed about the decision to exercise the right to withdraw from the Sales Agreement, with the exception of the costs of delivery. In the event of partial withdrawal from the Sales Agreement and return of only part of the delivered products, the cost of delivering the items to the Customer will not be refunded if it does not depend on the number of products ordered by the Customer. Therefore, the Customer would incur the same delivery cost by ordering only the products that have not been returned.
The Store will refund the payment to the bank account number indicated by the Customer, provided in the declaration of withdrawal from the Sales Agreement, sent to the Store in an e-mail or together with the return. The Customer will not incur any additional costs related to the refund. The Store withholds the return of payment until receipt of the item.
Returns should be sent to the following address: Polska Grupa Tekstylna sp. z o.o., Warszawska 21, 16-070 Choroszcz, immediately, and in any case not later than 14 days from the date on which the Customer informed about the withdrawal from the Sales Agreement. The Customer will have to bear the direct cost of returning the item. The Customer is only responsible for the decrease in the value of the item resulting from using the item in a different way than was necessary to establish the item’s nature, characteristics and

functioning.
The consumer’s right to withdraw from the Sales Agreement is excluded in the case of:

• Sales Agreements in which the subject of the service is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to satisfy his individual needs.

  TEMPLATE OF A WITHDRAWAL FROM THE SALES AGREEMENT (this form should be completed and returned only if the Customer wishes to withdraw from the Sales Agreement)

  • Shipping address: Polska Grupa Tekstylna Sp. z o.o., Warszawska 21, 16-070 Choroszcz
  • I/We(*) hereby inform you about my/our withdrawal from the Sales Agreement of the following items
  • Date of concluding the Sales Agreement()/receipt()
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only if the form is sent on paper)
  • Date

(*) Delete where not applicable.

VIII. Complaints about Goods

Applies to the Customer who is a Consumer:

We are obliged to deliver goods free from defects. The statutory right of liability for defects in the sold item (warranty for defects) applies to the extent specified in art. 556 and art. 556[1]-556[3] and subsequent of the Civil Code.
Complaints can be submitted:

• in writing to the following address: Polska Grupa Tekstylna Sp. z o.o., Warszawska 21, 16-070 Choroszcz
• via e-mail to: info@4horeca.eu.
• or using the contact form available on the Store’s website.

Differences in shades of clothing within the same color are not subject to complaint.
From January 1, 2021, the seller is obliged to consider a complaint under the warranty within 14 calendar days of its submission.
In the event of exercising the rights under the warranty – If the Store deems it necessary to consider the complaint – the Customer is obliged to deliver the defective Goods to the above-mentioned postal address. The Store undertakes to respond to the complaint immediately, no later than within 14 days from the date of its submission.
The Store is liable under the warranty if a physical defect is found within two years from the date of delivery of the goods to the Customer. If the subject of the sale is a used movable item, the liability under the warranty is one year from the date of its delivery.
In the complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specify the request regarding the method of removing the defect (replacement of the Goods with new ones, repair of the Goods, price reduction, withdrawal from the Sales Agreement – if the defect is significant); and (3) providing the contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Store. The recommendations specified in the previous sentence are non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information.
Applies to a Customer who is not a Consumer:
In the case of a Sales Agreement concluded with a Customer who is not a Consumer, pursuant to art. 558 § 1 of the Civil Code, the liability of the Online Store under the warranty for defects in the Goods is excluded. This exclusion is ineffective in the case of fraudulent concealment of the defect by the Store.

IX. Complaints regarding the provision of electronic services

1. 4horeca.eu takes steps to ensure the proper operation of the Online Store, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The Customer may notify the Store of any irregularities or interruptions in the functioning of the Online Store. Irregularities related to the functioning of the Store should be reported electronically to the following address: info@4horeca.eu
3. In a complaint regarding irregularities related to the functioning of the Online Store, please indicate the type and date of the irregularity.
4. The Store undertakes to respond to the complaint immediately, no later than within 14 days from the date of its submission.

X. Out-of-court procedures of dealing with complaints and pursuing claims

1. Please be advised that there are out-of-court procedures of dealing with complaints and pursuing claims. Using them is voluntary and can only takes place if both parties to the dispute agree to it.
   • The consumer may apply for the initiation of proceedings for out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
   • The consumer may also apply for a dispute regarding the concluded Sales Agreement to be resolved by a permanent arbitration court operating at the appropriate inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
   • The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
2. Detailed information on the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court procedures of dealing with complaints, pursuing claims and the rules of access to these procedures are available at the headquarters and on the websites of the inspectorates of the Trade Inspection and at the internet address: https://uokik.gov.pl/spory_konsumenckie.php.
3. Please be advised that we undertake to use out-of-court resolution of disputes with Consumers within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity authorized to out-of-court dispute resolution between 4horeca.eu and the Consumer is the ORD PLATFORM available at: http://ec.europa.eu/consumers/odr/. The Consumer may submit an application to this entity to initiate proceedings for out-of-court resolution of consumer disputes.

XI. Final Provisions

1. The competent court for resolving disputes with Consumers is the court having local jurisdiction in accordance with the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between 4horeca.eu and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the registered office of 4horeca.eu.
3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of April 23, 1964. Civil Code (consolidated text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827), as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC). In the event of any conflicts between these Regulations and the rights of Customers and provisions resulting from generally applicable laws, generally applicable provisions of Polish law shall apply