Terms of Service

§1
GENERAL PROVISIONS
  1. The Store www.highkiosk.com operates on the terms and conditions set out in these Terms and Conditions.
  2. These Terms and Conditions set out the terms and conditions for entering into and terminating Product Sale Agreements, the procedure for submitting complaints, and the types and scope of services provided electronically by the Store www.highkiosk.com, the terms and conditions for providing these services, and the terms and conditions for entering into and terminating agreements for the provision of services electronically.
  3. Every Service Recipient, upon taking any action aimed at using the Store's Electronic Services, www.highkiosk.com is obliged to comply with the provisions of these Terms and Conditions.
  4. In matters not covered by these Terms and Conditions, the following provisions apply:
    1. the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended),
    2. the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827),
    3. the Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016 (Journal of Laws 2016, item 1823),
    4. the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
§2
DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS
  1. ORDER FORM – a form available on the website www.highkiosk.comthat enables placing an Order.
  2. CUSTOMER – a Service Recipient who intends to enter into or has entered into a Product Sale Agreement with the Seller.
  3. CONSUMER – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
  4. PRODUCT – a movable item or service available in the Store that is the subject of a Product Sale Agreement between the Customer and the Seller.
  5. TERMS AND CONDITIONS – these Terms and Conditions of the Store.
  6. STORE – the Service Provider's online store operating at www.highkiosk.com
  7. SELLER, SERVICE PROVIDER – HypeGroup Spółka z ograniczoną odpowiedzialnością, place of business: ul. Koszykowa 20, 00-555 Warszawa, delivery address: ul. Koszykowa 20, 00-555 Warszawa, NIP: 5961759852, KRS: 0000756358, email address: warszawa@highkiosk.com
  8. SALE AGREEMENT – a Product Sale Agreement entered into between the Customer and the Seller through the Store.
  9. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.
  10. SERVICE RECIPIENT – a natural person, legal person, or non-legal entity organizational unit with legal capacity granted by law that uses the Electronic Service.
  11. ORDER – a declaration of intent by the Customer constituting an offer to enter into a Product Sale Agreement with the Seller.
§3
INFORMATION ABOUT PRODUCTS AND HOW TO ORDER THEM
  1. The Store www.highkiosk.com sells Products through the Internet exclusively to Consumers.
  2. Products offered in the Store are new, free from physical and legal defects, and have been legally introduced to the Polish market. The rental offer is an exception to the rule that products must be brand new. Their presence in the Store is preceded by an authenticity verification and quality control. Any potential product defects are presented in the main view of the offer. The information on the Store's websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specified Product on the terms set out in its description.
  3. The Product price displayed on the Store's website is given in Polish złoty (PLN) and includes all components, including VAT. The price does not include delivery costs.
  4. The Product price displayed on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of any price changes in the Store that may occur in relation to individual Products after the Customer places an Order.
  5. Orders can be placed through the website using the Order Form (Store www.highkiosk.com) – 24 hours a day, 365 days a year.
  6. To place an Order, the Customer is obliged to register an Account in the Store.
  7. In order to place an Order in the Store, the Customer must read the Terms and Conditions and accept their provisions when placing the Order.
§4
CONCLUSION OF THE SALE AGREEMENT
  1. To conclude the Sale Agreement, the Customer must first place an Order using the methods made available by the Seller, in accordance with § 3 points 6 and 8 of the Terms and Conditions.
  2. After an Order is placed, the Seller shall promptly confirm its receipt.
  3. The confirmation of receipt of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is sent by email.
  4. The confirmation of receipt of the Order contains:
    1. confirmation of all material elements of the Order,
    2. a contract withdrawal form,
    3. these Terms and Conditions containing information about the right of withdrawal.
  5. Upon receipt of the email referred to in point 4 of this paragraph, the Sale Agreement is concluded between the Customer and the Seller.
  6. Every Sale Agreement will be confirmed by a proof of purchase (fiscal receipt), which will be attached to the Product.
§5
PAYMENT METHODS
  1. The Seller provides the following payment methods:
    1. payment through an electronic payment system (Przelewy24), with PayPro SA Agent Rozliczeniowy as the card payment operator, ul. Pastelowa 8, 60-198 Poznań, entered in the National Court Register maintained by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS 0000347935, NIP 7792369887, Regon 301345068.
  2. When paying through an electronic payment system, the Customer makes payment before the Order is fulfilled. The electronic payment system allows payment by credit card or via fast transfer from selected Polish banks.
  3. The Customer is obliged to pay the price under the Sale Agreement within 3 business days from the date it is concluded, unless the Sale Agreement provides otherwise.
  4. The Product will be shipped only after payment has been received.
§6
PRODUCT DELIVERY COST, TIME AND METHODS
  1. The Product delivery costs borne by the Customer are determined during the Order placement process and depend on the chosen payment method and the chosen method of delivery of the purchased Product.
  2. The Product delivery time consists of the Product preparation time and the Product delivery time by the carrier:
    1. Product preparation time is calculated from the moment the funds paid under the Sale Agreement are credited to the Seller's account or, in the case of payment through an electronic payment system, from the moment the payment is successfully authorized. The exact order fulfillment time is indicated on the product page and specified for each size. Orders are fulfilled within 1 to 14 business days.
    2. The delivery of Products that are movable items by a carrier takes place within the time declared by the carrier, i.e., from 1 to 2 business days from the moment the shipment is dispatched (delivery takes place only on business days, excluding Saturdays, Sundays, and holidays).

  3. Products purchased in the Store are shipped worldwide via UPS, DHL, and InPost. The available delivery methods depend on the destination country and are indicated when placing an Order. If the delivery country is not available when placing an Order, please contact the Store to determine delivery options and costs.

§7
PRODUCT COMPLAINTS
  1. Complaints under the statutory warranty.
    1. The basis and scope of the Seller's liability to a Customer who is a Consumer under the statutory warranty covering physical and legal defects are set out in the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
    2. Notices of Product defects and the submission of the appropriate request may be made by email to: warszawa@highkiosk.com or in writing to: ul. Koszykowa 20, 00-555 Warszawa
    3. The written or electronic message must contain as much information as possible about the subject of the complaint, in particular the type and date of the irregularity and contact details. The provided information will significantly facilitate and expedite the Seller's consideration of the complaint.
    4. To assess physical Product defects, the Product must be delivered to: ul. Koszykowa 20, 00-555 Warszawa
    5. The Seller shall respond to the Customer's request without delay, and no later than 14 days from the date the complaint is submitted.
    6. In the case of a complaint by a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is deemed to mean that the complaint has been accepted. In connection with a justified complaint by a Customer who is a Consumer, the Seller shall cover the costs of collection, delivery, and replacement of the Product with one free from defects
    7. The response to the complaint is provided on paper or another durable medium, e.g., an email message or SMS message.
§8
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer and has entered into a distance contract may withdraw from it without giving any reason by submitting the appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration of withdrawal provided by the Store.
  2. In the event of withdrawal from the agreement, the Sale Agreement shall be deemed not to have been concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without delay, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller offers to collect the Product themselves. To meet this deadline, it is sufficient to return the Product before the deadline expires.
  3. In the event of withdrawal from the Sale Agreement, the Product must be returned to the following address: ul. Koszykowa 20, 00-555 Warszawa
  4. The Consumer is responsible for any reduction in the Product's value resulting from use that exceeds what is necessary to establish the nature, characteristics, and functioning of the Product. To establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as they could do in a physical store.
  5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the Product's value together with its delivery costs using the same payment method used by the Consumer, unless the Consumer expressly agrees to another method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund shall be made without delay, and no later than 14 days from the date the Seller receives the declaration of withdrawal from the Sale Agreement.
  6. If the Consumer chose a Product delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund any additional costs incurred by them.
  7. If the Seller has not offered to collect the Product from the Consumer, they may withhold the refund of payments received from the Consumer until they receive the item back or the Consumer provides proof of its return, whichever occurs first.
  8. A Consumer withdrawing from the Sale Agreement in accordance with point 1 of this paragraph shall only bear the costs of returning the Product to the Seller.
  9. The fourteen-day period during which the Consumer may withdraw from the agreement is calculated from the day on which the Consumer takes possession of the Product, and in the case of a service, from the day the agreement is concluded.
  10. The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sale Agreement:
  12. in which the subject of the provision is a non-prefabricated item, produced according to the Consumer's specifications or intended to satisfy their individualized needs,
  13. in which the subject of the provision is an item supplied in sealed packaging, which cannot be returned after the packaging is opened due to health protection or hygiene reasons, if the packaging was opened after delivery,
  14. in which the subject of the provision is an item that, by its nature, becomes inextricably linked to other items after delivery,
  15. in which the subject of the provision is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that once the Seller has performed the service, they will lose the right of withdrawal.
  • The right of withdrawal from the Sale Agreement applies to both the Seller and the Customer if the other party fails to perform its obligations under the agreement within the strictly specified time.
    • §9
    TYPES AND SCOPE OF ELECTRONIC SERVICES
    1. The Service Provider makes the following Electronic Services available through the Store:
      1. entering into Product Sale Agreements,
      2. maintaining an Account in the Store.
    2. Electronic Services are provided to Service Recipients in the Store on the terms and conditions set out in the Terms and Conditions.
    3. The Service Provider has the right to publish promotional content on the Store's website. This content forms an integral part of the Store and the materials presented in it.
    §10
    TERMS AND CONDITIONS FOR PROVIDING AND ENTERING INTO AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
    1. The provision of the Electronic Services specified in §9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
    2. The period for which the agreement is concluded:
      1. The agreement to provide the Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a fixed term and shall terminate upon the placement of the Order or the cessation of its placement by the User.
      2. The agreement to provide the Electronic Service consisting in maintaining an Account in the Store is concluded for an indefinite period.
    3. Technical requirements necessary to cooperate with the teleinformation system used by the Service Provider:
      1. a computer (or mobile device) with Internet access,
      2. access to email,
      3. a web browser,
      4. enabling Cookies and Javascript in the web browser.
    4. The User is obliged to use the Store in a manner consistent with the law and good customs, taking into account respect for the personal rights and intellectual property rights of third parties.
    5. The User is obliged to enter data that is consistent with the actual state of affairs.
    6. The User is prohibited from providing unlawful content.
    §11
    COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
    1. Complaints related to the provision of Electronic Services through the Store may be submitted by the User via email to: warszawa@highkiosk.com
    2. In the above email, as much information and circumstances as possible regarding the subject of the complaint should be provided, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and expedite the consideration of the complaint by the Service Provider.
    3. The Service Provider shall consider the complaint promptly, no later than 14 days from the date of submission.
    4. The Service Provider's response regarding the complaint is sent to the User's email address provided in the complaint submission or in another manner specified by the User.
    §12
    CONDITIONS FOR TERMINATING AGREEMENTS TO PROVIDE ELECTRONIC SERVICES
    1. Termination of the agreement to provide the Electronic Service:
      1. The agreement to provide the continuous and indefinite Electronic Service (Account maintenance) may be terminated.
      2. The User may terminate the agreement with immediate effect and without stating reasons by sending a relevant declaration via email to: warszawa@highkiosk.com.
      3. The Service Provider may terminate the agreement to provide the continuous and indefinite Electronic Service if the User violates the Terms and Conditions, in particular if they provide unlawful content after an ineffective prior demand to cease the violations with the setting of an appropriate deadline. In such a case, the agreement shall expire 7 days after the date of submission of the declaration of intent to terminate it (notice period).
      4. Termination shall result in the cessation of the legal relationship with effect for the future.
    2. The Service Provider and the User may terminate the agreement to provide the Electronic Service at any time by mutual agreement.
    §13
    INTELLECTUAL PROPERTY
    1. All content published on the website at www.highkiosk.com is protected by copyright and is the property of HypeGroup Spółka z ograniczoną odpowiedzialnością, place of business: ul. Koszykowa 20, 00-555 Warszawa, delivery address: ul. Koszykowa 20, 00-555 Warszawa, NIP: 5961759852, KRS: 0000756358. The User shall bear full liability for any damage caused to the Service Provider resulting from the use of any content of the website www.highkiosk.com without the Service Provider's consent.
    2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and the content of the website www.highkiosk.com constitutes an infringement of the copyright held by the Service Provider and results in civil and criminal liability.
    §14
    FINAL PROVISIONS
    1. Agreements concluded through the Store are concluded in accordance with Polish law.
    2. In the event of any inconsistency of any part of the Terms and Conditions with applicable law, the appropriate provisions of Polish law shall apply in place of the contested provision of the Terms and Conditions.
    3. All disputes arising from the Sales Agreements between the Store and Consumers shall be resolved in the first instance through negotiations, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this were not possible or would be unsatisfactory to either party, disputes shall be resolved by the competent common court, in accordance with point 4 of this paragraph.
    4. Any disputes arising between the Service Provider and the User (Customer) who is also a Consumer shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
    5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, an application to initiate mediation or an application for the case to be considered by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Office of Competition and Consumer Protection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of the county (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court enforcement of claims after the conclusion of the complaint procedure is free of charge.
    6. To resolve a dispute amicably, a consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.