Definitions

In the following part of the Terms and Conditions, capitalized expressions shall be understood as defined below:

1) “Business Day” - means any day of the week that is not a Saturday or a holiday in the Act of January 18, 1951 on Public Holidays (Journal of Laws of 2020, item 1920., i.e.);2) “Product Catalogue” - means an ordered list of data concerning things, services or rights, made available by the Company to Users, according to the rules defined by the Company, in particular through the functionality of the Platform;3) “Consumer” - means a Purchaser who is a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity;4) “Consumer-Entrepreneur” - means a Purchaser who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, to which the provisions on consumers apply to the extent provided only by the provisions of general law, i.e. pursuant to Article 385 5 of the Civil Code (the “Civil Code”), the consumer provisions of Articles 385 1 -385 3 of the Civil Code shall apply, and pursuant to Article 556 4 of the Civil Code, the consumer provisions of Section II. Title XI. “Sale” of the Civil Code, with the exception of Article 558 § 1 second sentence of the Civil Code. In addition, pursuant to Article 7aa of the Act of May 30, 2014. on Consumer Rights (the “Consumer Rights Act”), the consumer-entrepreneur provisions of Chapters 4, 5a and 5b of the Consumer Rights Act shall apply to the Consumer-Entrepreneur;5) “Account” - means a collection of resources maintained for the User by the Company under a unique name (login), in which the User's data and information about the User's activities on the Platform are collected;6) “Company Account” - means an Account of a User using the Platform in connection with a business activity;7) “Regular Account” - means an Account of a User using the Platform not engaged in a business activity;8) “Buyer” - means a User with an Account who has concluded a remote agreement with a Seller for the purchase of Goods under an Offer via the Platform;9) “Offer” - means a proposal to conclude an agreement for the sale of Goods on the terms and conditions specified by the Seller, in particular including the price and description of the offered Goods, using and through the functionality of the Platform;10) “Platform” - means the online trading platform operated by the Company at the Internet address heathen.store;11) “Product” - means a good, service or right, which has been unambiguously defined and identified in the Product Catalog, by specifying its name and characteristics;12) “Regulations” - means these terms and conditions of the online shopping platform operating at heathen.store operated by the Company, i.e. Heathen Sp. z o.o. with its registered office in Warsaw;13) “Registration” - means the procedure of creating an account performed in the manner specified in the Terms and Conditions;14) “Company” - means Heathen Sp. z o.o. with its registered office in Warsaw, address: 3 Łazienkowska Street, 00-449 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department. Warsaw, XII Economic Department of the National Court Register under the KRS number: 0000989240, NIP: 7011103144, REGON: 522968571;15) “Seller” - means a User who has an Account and who undertakes activities aimed at selling or disposing of Goods within the framework of an Offer via the Platform;16) “Goods” - means an item, service or right offered by the Seller via the Platform;17) “Sales Agreement” - means an agreement for the sale of Goods at a distance (by electronic means, without the simultaneous physical presence of the parties), concluded between the Buyer and the Seller as part of an organized system for concluding agreements at a distance through the Platform;18) “User” - means any natural person visiting the Platform or using the functionality of the Platform or with whom a Sales Agreement may be concluded at a distance under the terms of the Regulations.

General provisions

1. The Company operates the Platform as part of its business activities.2. All prices of the Goods on the Platform are given in Polish zloty and include VAT, if due (gross price). Prices of the same Goods on the Platform may vary. The quoted prices do not include information regarding delivery costs and any other costs that the User will be obliged to incur in connection with the Sales Agreement, of which the User will be informed when choosing a delivery method and placing an order.3. In addition, in the case of information about a reduction in the price of the Goods, next to the information about the reduced price, information about the lowest price of the Goods, which was in effect during the period of 30 (in words: thirty) days before the introduction of the reduction, is displayed. If the Goods are offered for sale for a period shorter than 30 days, information about the lowest price of the Goods, which was in effect during the period from the date of commencement of offering the Goods for sale until the date of introduction of the reduction, shall be displayed next to the information about the reduced price.4. The price valid for each sale shall be the price indicated as current next to the Goods at the time of placing the order by the Buyer. The Seller has the right to change the prices of the Goods on offer. Price changes do not affect Sales Agreements concluded with the Buyer prior to the price change.5. Information about the Goods on the Platform does not constitute an offer within the meaning of the Civil Code, but only an invitation to Users to submit offers to conclude a sales agreement remotely.6. The Company makes every effort to ensure that the services and functionalities provided on the Platform are of the highest level, however, the Company does not exclude the possibility of temporarily suspending the availability of the Platform in the event of changes, in particular new functionalities, on the Platform, software or the Platform's system provider.7. The Company is not responsible for the blocking by email server administrators of the transmission of messages to the email address indicated by the Purchaser, or for the deletion and blocking of emails by software installed on the device used by the Purchaser.8. The Company informs in good faith that individual device settings may cause differences between the visualization of the Goods on the device of the Purchaser or the Client and the actual appearance of the Goods (color, proportions, etc.).9. Trademarks, signs and brand names belonging to entities other than the Company have been used on the Platform solely for informational purposes or in connection with information about the Seller's Goods.10. It is not permissible to use the resources and functions of the Platform to post false or misleading content.11. The user of the Platform is not authorized to interfere in any way with the Platform, including, in particular, with the content on the Platform.12. Within the Platform, the Company is authorized to post advertisements and other commercial content.13. The Company informs that it makes every effort to ensure that the use of the Platform is as safe as possible. However, the Company informs that a particular risk associated with the use of the Platform, as with any other online commercial platforms, is the potential risk of unauthorized access to the Platform by third parties (so-called hacking), which may cause unforeseen changes in the functioning of the Platform.14. The Company declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Users' data by unauthorized persons, so Users should use appropriate technical measures to minimize the risks indicated above. In particular, they should use programs that protect against cyber security threats (e.g., malware, fake match phishing websites) and protect the identity of Internet users.15. Wholesale sales of Goods are prohibited through the Platform. In addition, it is also prohibited to sell Goods, the trading of which violates the provisions of the applicable law (taking into account foreign law that may be applicable in a given case) or the right of third parties, as well as the display of which may be considered to violate good morals. When selling the Goods, it is prohibited to publish any content that violates the provisions of applicable law, ethical, moral or customary norms.16. The Seller may cancel an order placed by a Buyer who is not a Consumer (i.e. withdraw from the Contract of Sale within the meaning of Article 395 of the Civil Code) from the moment of conclusion of the Contract of Sale until the expiration of 14 days from the date of delivery of the Goods. Withdrawal from the Sales Agreement in this case may take place without giving any reason. Withdrawal does not give rise to any claims on the part of the Purchaser who is not a Consumer against the Seller.17. Sellers are obliged to maintain the quality of sales, which corresponds to at least a neutral (i.e. neither positively nor negatively evaluated) level of sales, with the quality of sales being recalculated on a daily basis and covering the last 30 days.