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Terms & conditions
Terms of service
Note: This document is originally drafted in English. Any translations are solely provided for convenience. In the event of any inconsistency or conflict between versions, the English version shall prevail.
1. GENERAL PROVISIONS
1.1. This website (the “Site”) is operated by HESFAM VENTURES sp. z o.o. (“we,” “us,” “our”), and hosted on the Shopify platform (“Shopify”). By using the Site and/or placing orders on it, you (“user,” “you”) agree to these Terms and Conditions of Use (“Terms”).
1.2. These Terms apply to all visitors and users of the Site, including those who browse, register, place orders, post comments, or otherwise interact with the Site’s content and services.
1.3. If you do not agree with any provision here, you must discontinue use of the Site and our services (“Services”).
1.4. We reserve the right to amend these Terms by publishing the updated version on the Site. If material changes substantially affect users’ rights or obligations, we will make reasonable efforts to notify you (e.g., by email or a notice on the Site). Your continued use of the Site after such changes indicates acceptance, unless doing so would violate mandatory consumer protection laws.
1.5. Nothing in these Terms restricts or cancels any mandatory consumer rights established by the legislation of the European Union, the United Kingdom, or other applicable jurisdictions.
2. AGE RESTRICTIONS AND REGISTRATION
2.1. You confirm that you have reached the age of majority in your country, or have valid authorization from legal guardians, and possess full legal capacity to enter into contracts.
2.2. When placing orders or registering an account, you undertake to provide accurate and up-to-date information and to promptly update it as changes occur.
2.3. Right to Refuse Service
We reserve the right to refuse services or accept/cancel any user’s order at any time without explanation, if we deem it necessary.
2.4. Conclusion of Contract
A purchase contract is deemed concluded when we (1) accept your order by sending you a confirmation (e.g., via email or other means), or (2) actually begin fulfillment (compiling and shipping the order). In cases of payment through external providers (PayPal, Shopify Payments, etc.), the contract may be considered concluded at the time of payment confirmation, if such is explicitly stipulated by the relevant provider’s terms.
3. PRODUCTS AND ORDERS
3.1. Product Descriptions
We make every reasonable effort to ensure that product information (including photos, descriptions, and prices) is accurate and up to date. However, certain product characteristics (such as color, size, texture, materials, included components, or packaging) may slightly differ from what appears on the Site, due to technical, production, or other factors.
3.2. Third-Party Suppliers
Our products may be manufactured and/or shipped by external producers or logistics companies (“Suppliers”). While we select such Suppliers with care, we cannot fully control their activities.
3.3. Liability for Performance
In accordance with mandatory EU, UK, and other applicable laws, we act as the seller and bear responsibility to the buyer for proper fulfillment of the contract. If quality or delivery issues arise, we assist in resolving claims with Suppliers or carriers. However, we limit our liability to the amount actually paid for the order, unless such limitation conflicts with mandatory legal rules.
3.4. Changes and Cancellations
We may cancel or limit an order (including one already paid) if fraud is detected, if an item is out of stock, or if fulfillment is impossible. In such a case, we will notify you promptly and refund any amounts paid.
3.5. Storage of Contract Text
We store the contract text (your order information and these Terms) solely within our internal system. Upon request, we can send you a duplicate of your order confirmation and the current Terms via email.
3.6. Errors and Inaccuracies
We reserve the right to correct any mistakes, inaccuracies, or omissions on the Site and to update information (including orders already placed) if any data proves incorrect or outdated, without prior notice.
4. PRICES, PAYMENT, AND TAXES
4.1. Price Formation
Prices displayed on the Site may or may not include taxes and duties, depending on applicable laws. Detailed information is provided when placing an order.
4.2. Payment Methods
All transactions are processed via Shopify Payments or other payment services, which use encrypted transmission. We do not retain or process full card details. Any technical faults or unauthorized access at the payment provider’s end are outside our responsibility, unless expressly required by law.
4.3. Taxes and Duties
We strive to include all applicable taxes and duties in the final price. However, in certain shipping methods or jurisdictions, the buyer may be subject to additional customs fees. If in doubt, please contact us.
4.4. Price Changes
We reserve the right to modify prices without prior notice. This does not affect already confirmed and paid orders, except in cases of a clear error (e.g., technical or typographical). If such occurs, we will contact you to rectify or cancel the order and refund your payment if canceled.
5. SHIPPING AND DELIVERY TIMES
5.1. Delivery Estimates
Stated delivery times are approximate and may vary due to logistics, carrier operations, or force majeure. We are not liable for delays caused by third parties, unless otherwise mandated by law.
5.2. Risk of Loss
If you are a consumer in the EU or the UK, risk of loss or damage transfers to you only after you physically receive the product. If loss or damage occurs before that moment, we will arrange a reshipment or refund in accordance with the law.
5.3. Accurate Address
You must provide a valid and complete shipping address. Any extra costs or delays arising from incorrect or incomplete data are your responsibility.
5.4. Transport Damage
Upon receiving your order, if you notice damage to the packaging or product, please promptly inform the carrier and us. This does not affect your statutory rights, but it helps us expedite claims with the carrier.
5.5. Failed Delivery
If delivery is impossible for reasons beyond our control (e.g., an incorrect address, absence of the recipient, or lack of communication), and goods are returned to us, we may withhold the cost of redelivery from the amount actually paid, or provide a refund minus our direct expenses, unless otherwise stipulated by law.
5.6. Shipping Policy
Please refer to our Shipping Policy for further details on shipping methods, times, and conditions. These Terms and the Shipping Policy complement each other.
6. RETURNS AND ORDER CANCELLATIONS
6.1. Return Policy
All return, exchange, and refund conditions are set out in our Refund Policy. If you are a consumer in the EU or the UK, you may have the right to withdraw (cancel) your purchase within 14 days of receiving the goods, unless otherwise specified by law or exemptions.
6.2. Exceptions
Some returns may be restricted under certain laws (e.g., for customized products). Delays by the carrier or an incorrect address may not entitle you to a return, unless provided for by law.
6.3. Order Cancellation
You may cancel your order before it is processed (e.g., picked and packed). If the order has been prepared or shipped, cancellation is only possible according to our Return Policy or by mutual agreement.
6.4. Refunds
When a return (or cancellation prior to shipment) is approved, we refund your payment through the same method used for payment or another mutually agreed method, without undue delay and within legal time frames.
7. LIMITATION OF LIABILITY
7.1. “As Is” Principle
The Site, products, and all services are provided “as is” and “as available,” without any further warranties except those which cannot be excluded by law.
7.2. No Accuracy Guarantee
We do not guarantee uninterrupted or error-free Site operation, total accuracy of information, or that products or services will fully meet your expectations.
7.3. Disclaimer of Implied Warranties
To the maximum extent allowed by law, we expressly disclaim any implied warranties, including merchantability and fitness for a particular purpose, unless otherwise mandated.
7.4. Exclusion of Liability
Within the fullest extent permissible under applicable laws, we shall not be liable for direct or indirect losses, including lost profit, missed deals, or other commercial damages resulting from use or inability to use our products and/or the Site, unless expressly required by law. This exclusion does not apply if it contradicts mandatory rules under EU, UK, or other consumer protection statutes.
7.5. Liability Cap
Our overall liability to you shall not exceed the actual amount you paid for the order in question, unless compelled otherwise by imperative legal norms.
8. PROHIBITED ACTIVITIES
By using the Site, you agree not to:
Breach local, national, or international laws and regulations.
Provide false, defamatory, or misleading information.
Distribute malicious software, viruses, code, or technologies that could harm the Site, users, or third parties.
Deliberately interfere with the Site’s functioning or circumvent its security.
Infringe intellectual property rights (including copyrights and trademarks) of third parties.
Promote violence, hatred, or discrimination based on any protected characteristic.
Engage in spam, phishing, unlawful data collection, or other illegal acts.
Use the Site for deception, fraud, disinformation, or any illicit purpose.
If such violations are identified, we may immediately limit or terminate your access without compensation.
9. INDEMNIFICATION
You agree to indemnify us for any damages, costs, or expenses (including reasonable legal fees) resulting from:
Your violation of these Terms;
Your contravention of applicable laws or third-party rights;
Any actions or statements adversely affecting our company’s interests or reputation.
10. PRIVACY POLICY
10.1. The collection, processing, and safeguarding of personal data is governed by our Privacy Policy, with which you must familiarize yourself prior to using the Site.
10.2. By using the Site, you confirm agreement with our Privacy Policy and, if applicable, GDPR or equivalent UK data protection rules if you are a resident or citizen of the EU or UK.
11. FORCE MAJEURE
11.1. We shall not be liable for any failure or delay in fulfilling these Terms due to force majeure events beyond our reasonable control (natural disasters, armed conflicts, epidemics, strikes, transportation network disruptions, etc.).
11.2. If force majeure persists for more than 60 days, either party may cease further contract performance without indemnity, except for the obligation to return payments for undelivered goods, if mandated by law.
12. TERMINATION
12.1. These Terms remain effective until terminated by you or us. You may terminate them at any time by discontinuing use of the Site and notifying us.
12.2. We may terminate these Terms and/or withdraw your access to the Site and Services at any time, without notice, if:
You breach these Terms;
You violate applicable laws or third-party rights;
We deem it necessary to protect our legitimate interests.
12.3. Upon termination (by you or us), any accrued obligations remain to the extent required by law (e.g., payment obligations for orders already placed).
13. DISPUTE RESOLUTION
13.1. These Terms are governed by and interpreted in accordance with the laws of Poland, taking into account mandatory consumer law in the EU and UK if applicable.
13.2. Disputes relating to these Terms, the Site, or product sales shall be resolved through negotiations. Should negotiations fail, the dispute goes to the competent court at HESFAM VENTURES’s official address, unless otherwise required by consumer protection rules in the EU, UK, or another relevant jurisdiction.
13.3. Alternative Dispute Resolution (ODR)
If you are an EU resident and cannot resolve a dispute directly with us, you have the right to use the European Commission’s Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.
14. AMENDMENTS TO THE TERMS
14.1. We reserve the right to modify or supplement these Terms at any time by posting a notice on the Site.
14.2. You are responsible for periodically reviewing the current version of these Terms. If changes materially affect your rights, we will make reasonable efforts to inform you (e.g., via email or a site notice). Continued use of the Site after such changes are posted implies acceptance, unless this conflicts with mandatory legislation.
15. SEVERABILITY
15.1. If any provision of these Terms is deemed invalid or unenforceable under applicable law, it does not affect the remaining provisions.
15.2. The invalid provision shall be replaced (or limited) to the extent necessary to ensure the remaining provisions retain their full force.
16. ENTIRE AGREEMENT
16.1. These Terms, along with any policies published on the Site (Shipping Policy, Return Policy, Privacy Policy, etc.), collectively constitute the entire agreement between you and us regarding use of the Site and purchases.
16.2. Any prior or parallel agreements not explicitly stated in these Terms or the referenced policies have no legal effect.
17. RETENTION OF TITLE
Until full payment is received, HESFAM VENTURES retains ownership of the goods. In the event of partial payment or contract termination involving unpaid items, we may seek their return, provided this does not violate prevailing law.
18. CONTACT INFORMATION
For any questions regarding these Terms or the Site’s operation, you may contact us at:
Company Name: HESFAM VENTURES sp z oo
Email (general inquiries): info@catomishop.com
Address: UL. OSTROBRAMSKA 101A / 301, 04-041 WARSZAWA, Poland
KRS: 0001093165
NIP: 1133127421
Thank you for choosing our products and services!
