Terms & Conditions

Terms & Conditions

Terms & Conditions regulating the sale and delivery of the products launched by “Hercules Holding Sp. z o.o.” Manufacturing, Trade and Service Company located in Poland, 32-600 Zaborze, 15 Jutrzenki street, NIP number 7792460317 concerning the customers within the meaning of the Civil Law (Act 22 of the Civil Law).

General provisions

1. General Provisions Concerning Sale and Delivery (hereafter referred to as GPCSD) define the rules regulating conclusions of the sales contracts concerning the products offered by “Hercules Holding Sp. z o.o.” Manufacturing, Trade and Service Company with customers in accordance to Act 22 of the Civil Law as well as delivery of the products.
2. The customer who purchases in the online store must be an adult person.
3. GPCSD constitutes an integral part of all sales contracts concluded with the customers by “Hercules Holding Sp. z o.o.” Manufacturing, Trade and Service Company (hereafter referred to as the seller) based in Zaborze.
4. The products offered in the online store fulvi.ca are sold by “Hercules Holding Sp. z o.o.” Manufacturing, Trade and Service Company, by “Hercules Holding Sp. z o.o.” Manufacturing, Trade and Service Company located in Poland, 32-600 Zaborze, 15 Jutrzenki street, NIP number 7792460317.
5. The subject of the online transaction is the products offered in the online store owned by the seller.

Prices and methods of payment

1. Prices included in the seller’s price list are given in EUR and include VAT . Delivery costs have to be included according to the information provided in the order form.
2. The following payment methods are available:

* Bank transfer payment – after placing an order the money should be transferred to one of the following bank accounts:
1) mbank mBiznes account in EUR
ACCOUNT HOLDER: HERCULES HOLDING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
IBAN: PL24 1140 2004 0000 3012 0574 4463
BIC NUMBER: BREXPLPWMBK

2) mbank mBiznes account in PLN
ACCOUNT HOLDER: HERCULES HOLDING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
IBAN: PL64 1140 2004 0000 3402 7679 5790
BIC NUMBER: BREXPLPWMBK

3) mbank mBiznes account in USD
ACCOUNT HOLDER: HERCULES HOLDING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
IBAN: PL95 1140 2004 0000 3512 0556 0968
BIC NUMBER: BREXPLPWMBK

Other bank details:
Swift code: BREXPLPWMBK
Swift code (8 characters): BREXPLPW
Branch name: Internet Banking
Branch address: Mickiewicza 10 90050 Lodz
Branch code: MBK
Bank name: Mbank S.A. (Formerly Bre Bank S.A.)
City: Lodz
Country: Poland

* Debit/ credit card payment – after crediting the money on the account the seller sends the product.

Orders

1. Orders should be places using the order form available in the online store at www.fulvi.ca/shop.
2. Confirmed orders are fulfilled within 5-14 working days from the confirmation date.
3. Orders are confirmed via e-mail within 72 working hours.
4. In the case when there is no possibility for confirming the order within 5 working days due to the customer’s fault (e.g. failing to provide e-mail address or providing an incorrect e-mail address), the order is cancelled.
5. Confirmation of the order is equal to the conclusion of the sales contract between the seller and the customer.

Delivery

1. Delivery of the products is held on the basis of the order placed in our online store and may take one of the forms described in point 3.
2. Date of delivery is included in the written statement sent by the seller via e-mail as a confirmation of the customer’s order. If the product is currently unavailable, the seller informs the customer about a possible delivery date.
3. The seller is responsible for the delay or non-delivery only in the case when it occurred due to the seller’s fault.
Moreover, the seller is not responsible for the delay and non-delivery if it occurred due to third party fault (e.g. due to public administration authority’s decision, disruption in production of the goods ordered, strikes, lack of raw materials etc.) Nonetheless, as far as possible, the seller informs the customer about the possible delivery date.
5. Ordered products will be delivered at the address provided by the customer in the order form.
6. Delivery costs are charged to the customer. In Poland, delivery is handled either by the Polish National Post (Poczta Polska) according to its rules, or by the courier company (cash on delivery) with the conditions being specified with the store staff in advance.
7. Transport costs outside the country are paid by the customer. Rates of payment are as follows:

*Countries UE

39zł (9€/13$) – for 1 piece

For every consecutive piece 10zł (3€/4$) is being added to the transportation costs.

*Countries OUTSIDE UE

69zł (17€/22$) – for 1 piece

For every consecutive piece 10zł (3€/4$) is added to transport costs.

9. The customer is obliged to collect the parcel at the given address or ensure that another adult person on his/her behalf (on the basis of a written authorization with date and legible signature) will acknowledge in writing the receipt of the products delivered as well as its number and quality. The receipt of the products from the courier company must be acknowledged in writing either by the customer who ordered the products or by an authorized person (on the basis of a written authorization with date and legible signature).
10. Having acknowledged the receipt, all the risks entailed in possessing and using the products as well as the risk of loss or damage passes to the customer.
11. The customer who acknowledges the receipt or the person authorized by him/her is obliged to check whether the product was not damaged while transporting. Complaints will be addressed on condition that a proper complaint form is filled by the worker/ contactor of either the seller or the courier company.
12. In the case when the customer or other person at the given address refuses to accept the parcel delivered, the seller stipulates a right to withdraw from the contract and charge the customer who ordered the products with double delivery costs.
13. Regardless of other regulations, the seller stipulates the right to withdraw from the contract for the benefit of the customer due to productive and technical reasons within 30 days from the date of the contract conclusion. In this case, the customer is not entitled to any compensation claims.
14. The customer is obliged to inform the seller immediately about any changes in the address at which the products are to be delivered. Should the customer fail to provide such information, the delivery at the address provided in the order form is considered effectual.

Conditions regulating the return of the product

Returns must be send to: Aqua East Polska Sp. z o.o., ul. Niepodległości 2, 22-110 Ruda-Huta.

1. Consumer has the right to return the goods within 10 days of receipt of goods according to an Act from 2nd March 2000).
2. If buyer and seller didn’t agree in a different way, the right of withdrawal is not entitled to consumer in case of benefits having the characteristics specified by the consumer in his order or associated with his person.
3. The product must be returned by sending it in a stiff cardboard box; e.g. the box in which the product was delivered.
4. The returned product must be intact, with all the labels and the cash register receipt must be enclosed.
5. The following pieces o information must be enclosed with the product:

* Name, surname, address and phone number

* Customer’s expectations concerning the return: exchange of the product or a refund

* The customer is charged with all the return costs (the costs of another delivery, costs of refund)

* In the case of breach of the above-mentioned conditions, the return may not be accepted.

Complaints

Complaints will be considered according to the act from July 27th 2002 concerning the specific conditions of consumer sale and the changes in the Civil Law.

*Cash register receipt is necessary for the complaint to be accepted.

*The complaint will not be accepted in the case of damages resulting either from the misuse, or from sending the product in non-hygienic condition which led to the damages while the product was transported to the seller.

Personal data protection

1. Customer agrees on processing his/her personal data by the seller and the seller’s contractors in Poland and abroad, in order to carry out the sale contracts between the customer and the seller, and for marketing purposes connected with the seller’s business activity. The customer is granted all the rights resulting from the Act of August 29 1997 concerning personal data protection (Dz.U. z 1997, Nr 133, poz.883 ze zm.).

Final provisions

1. As regards all matters not settled in this GPCSD, the regulations of the Civil Law and the Act of July 27 2002 concerning the specific conditions of consumer sale and the changes in the Civil Law shall apply.
2. If any of the regulations included in GPCSD becomes legally invalid due to the introduction of different law regulations, other regulations remain valid.
3. Both the seller and the customer will aim at settling all the disagreements arising in connection with the realization of the contract conditions by compromise. In the case when reaching a compromise is impossible, the disagreement is settled in the court having jurisdiction over the place was contract completion.
4. By placing an order the customer agrees on the terms and conditions included in GPCSD.
5. The seller informs that the colors presented in the photographs might be slightly different from the real colors.
6. The differences stem from the settings of the individual customer’s computer (color, proportions etc.) and may not constitute the basis for complaint.
7. Customer who withdraws from sale contract after receiving information that the product was already sent will be charged for the transportation of the product (the charge is equivalent to the price of the product delivery to the customer and back to the seller).