Terms of service

The online shop "Holivica", operating at the internet address https://holivica.com, is run by "Holivica sp. z o. o.", Henryka Wolińskiego Street 24A/50, 20-491 Lublin, Poland, VAT EU PL9462738041.

§ 1 Definitions

Working Days - are days from Monday to Friday, excluding public holidays.
Delivery - means the actual act by which the Seller delivers the Goods specified in the order to the Customer through the Supplier.
Supplier - means the party with whom the Seller cooperates in relation to the delivery of Goods:

a) Courier company (for deliveries to Ireland, the primary supplier is Fastway, or another courier company designated by the Seller);

Password - means a series of letters, numbers, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.
Customer - means the party for whom, in accordance with the Terms and Conditions and legal provisions, services may be provided electronically or with whom a Sales Agreement may be concluded.
Consumer - means a natural person who performs legal transactions with an entrepreneur that are not directly related to their economic or professional activity.
Customer Account - means the individual panel for each Customer, activated by the Seller after the Customer's registration and conclusion of an agreement for maintaining a Customer Account.
Entrepreneur - means a natural person, a legal person, or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity in their own name and performing legal actions directly related to their business or professional activity.
Terms and Conditions - refers to these terms and conditions.
Registration - means an actual act carried out in the manner specified in the Terms and Conditions, necessary for the Customer to use all functionalities of the Online Shop.
Seller - means Holivica sp. z o. o. based in Lublin (20-491), Henryka Wolińskiego Street 24A/50, VAT EU PL9462738041. Email: shop@holivica.com, who is also the owner of the Online Shop.
Shop Website - means the web pages under which the Seller operates the Online Shop, active in the domain holivica.com.
Goods - means a product presented by the Seller via the Shop Website, which may be the subject of a Sales Agreement.
Durable Medium - means a material or tool that allows the Customer or Seller to store information addressed personally to them in a way that allows access to the information in the future for the purpose it serves and which allows the reproduction of the stored information in an unchanged form.
Sales Agreement - means a sales agreement concluded at a distance, under the terms specified in the Terms and Conditions, between the Customer and the Seller.

§ 2 General Provisions and Use of the Online Shop

All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Shop Website, as well as to patterns, forms, logos displayed on the Shop Website (except for logos and photos presented on the Shop Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may only take place in the manner specified by and in accordance with the Regulations and with the written consent of the Seller.
The Seller will endeavor to enable the use of the Online Shop for internet users with all popular internet browsers, operating systems, device types, and internet connection types. The minimum technical requirements for using the Shop Website are an internet browser of at least version Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript support enabled, accepting "cookies", and an internet connection with a bandwidth of at least 256 kbit/s. The Shop Website is optimized for a minimum screen resolution of 1024x768 pixels.
The Seller uses the "cookies" mechanism, which are stored by the Seller's server on the hard drive of the Customer's end device when Customers browse the Shop Website. The use of "cookies" is aimed at the proper operation of the Shop Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause any configuration changes in Customers' end devices or in the software installed on these devices. Each Customer can disable the "cookies" mechanism in their internet browser. The Seller points out, however, that disabling "cookies" may cause difficulties or make it impossible to browse the Shop Website.
To place an order in the Online Shop via the Shop Website or by email and to use the services available on the Shop Websites, the Customer must have an active email account. For successful delivery, the Customer may be required to provide an active phone number.
To place an order in the Online Shop by phone, the Customer must have an active phone number and an active email account.
It is prohibited to supply illegal content and to use the Online Shop, the Shop Website, or services provided free of charge by the Seller in a manner contrary to the law, good customs, or violating the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of electronically provided services may involve the risk of unauthorized persons acquiring and modifying Customer data. Therefore, Customers should use appropriate technical measures that minimize the above-mentioned risks. In particular, they should use antivirus programs and identity protection programs for internet users. The Seller never asks the Customer to provide him with the Password in any form.
It is not permissible to use the resources and functions of the Online Shop for activities by the Customer that would infringe the Seller's interests, i.e., advertising activities for other entrepreneurs or products; activities consisting of publishing content unrelated to the Seller's activity; activities consisting of publishing false or misleading content.

§ 3 Registration

To create a Customer Account, the Customer must register free of charge.
Registration is not necessary to place an order in the Online Shop.
For registration, the Customer should fill out the registration form provided by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual Password.
While filling out the registration form, the Customer has the opportunity to review the Terms and Conditions and accept their content by marking the appropriate field in the form.
During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by marking the appropriate field in the registration form. In this case, the Seller expressly informs about the purpose of data collection and the known or anticipated recipients of this data.
The Customer's consent to the processing of their personal data for marketing purposes is not a condition for concluding an agreement for the provision of the Customer Account service with the Seller. Consent may be revoked at any time by the Seller receiving an appropriate declaration from the Customer. This declaration can, for example, be sent by email to the Seller.
After sending the completed registration form, the Customer will promptly receive an electronic confirmation of registration from the Seller to the email address provided in the registration form. At this point, an agreement for the provision of the Customer Account service is concluded, and the Customer gains access to the Customer Account and can change the data provided during registration.

§ 4 Orders

The information on the Shop Website does not constitute an offer by the Seller within the meaning of applicable law, but merely an invitation to Customers to submit an offer to purchase.
Customers can place orders in the Online Shop via the Shop Website or by email 7 days a week, 24 hours a day.
Customers can place orders in the Online Shop by phone during the hours and days indicated on the Shop Website.
Customers placing orders via the Shop Website compile their order by selecting the Goods they are interested in. Adding Goods to the order is done by selecting the BUY command under the respective Goods displayed on the Shop Website. After the Customer has compiled the entire order and indicated the delivery method and payment form in the "CART", they place the order by sending the order form to the Seller by selecting the "Order and Pay" button on the Shop Website. Before each dispatch of the order to the Seller, the Customer is informed about the total price for the selected Goods and delivery, as well as about all additional costs they must bear in connection with the sale.
Customers placing orders by phone use the phone number provided by the Seller on the Shop Website for this purpose. During the phone call, the Customer informs the Seller of the name of the product from those displayed on the Shop Website, the quantity of the product they wish to order, as well as the delivery address and payment method, and, at their choice, provides their email address or postal address for the Seller to confirm the content of the proposed contract and the confirmation of the order - in the event that a Sales Agreement is concluded between the Customer and the Seller. During each phone call, the Seller informs the Customer about the total price of the selected products and the total cost of the selected delivery method, as well as about all additional costs the Customer would have to bear if a Sales Agreement were concluded.
After concluding the Sales Agreement by phone, the Seller will send on a durable medium to the email address or postal address provided by the Customer a confirmation of the terms of the agreement. The confirmation includes, in particular: the designation of the Goods subject to the Sales Agreement, their price, the cost of delivery, and information about all other costs that the Customer must bear in connection with the Sales Agreement.
Customers placing orders by email send them to the email address provided by the Seller on the Shop Website. The Customer, in the message sent to the Seller, specifies in particular the name of the Goods, the color, and the quantity of the Goods displayed on the Shop Website, as well as their contact details.
After receiving the electronic message referred to in §4 para. 7 from the Customer, the Seller sends the Customer a return message by email, providing their registration data, the price of the selected Goods, and the possible payment methods and delivery method along with its cost, as well as information about all additional payments the Customer would have to make in connection with the Sales Agreement. The message also contains information for the Customer that concluding a Sales Agreement by email entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer can place the order by sending an email to the Seller, indicating the chosen payment method and delivery method.
Placing an order constitutes an offer

§ 5 Payments

The prices for a specific product indicated on the Shop Website are gross prices (inclusive of VAT, where applicable) and do not include information about shipping costs and any other costs that the Customer will have to bear in connection with the Sales Agreement, about which the Customer will be informed when choosing the shipping method and placing the order. All prices for Irish customers will be displayed in EUR.
The Customer can choose the following payment methods for the ordered Goods:

a) Bank transfer to the Seller's bank account (in this case, order processing will begin after the Seller sends the order acceptance confirmation to the Customer and after the funds are credited to the Seller's bank account);

b) Credit or Debit Card: Payment processed via a secure external payment gateway. Order processing will begin after the Seller receives confirmation of successful payment;

c) PayPal: Payment via the PayPal system. Order processing will begin after the Seller receives confirmation of successful payment from PayPal;

d) Klarna: Payment through Klarna, subject to Klarna's terms and conditions. Order processing will begin after the Seller receives confirmation of successful payment/approval from Klarna.

The Customer should make the payment for the order in the amount resulting from the Sales Agreement within 3 Working Days if they have chosen prepayment.
If the Customer fails to make the payment on time, as mentioned in §5 para. 3, the Seller will set an additional payment period for the Customer and inform the Customer about it on a durable medium. The information about the additional payment period will also include information that after this period expires without payment, the Seller will withdraw from the Sales Agreement. In the event of an unsuccessful expiry of the second payment period, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium.

§ 6 Delivery

The Seller carries out deliveries within the territory of the Republic of Ireland.
The Seller is obliged to deliver the Goods, which are the subject of the Sales Agreement, without defects.
The Seller publishes information on the Shop Website about the number of Working Days required for delivery and order processing.
The delivery and processing time indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2 of the Terms and Conditions.
The ordered Goods are delivered to the Customer by the Supplier to the address indicated in the order form.
On the day the Goods are dispatched to the Customer, a confirmation of the shipment by the Seller is sent to the Customer's email address.
The Customer is obliged to inspect the delivered shipment in the manner and time customary for shipments of this type. If the Customer finds a defect or damage to the shipment, they have the right to demand that the Supplier's employee draw up an appropriate protocol.
In accordance with the Customer's wishes, the Seller attaches a receipt or a VAT invoice for the delivered Goods to the shipment that is the subject of the delivery. The Customer, in order to receive a VAT invoice, should declare at the time of purchase that they are acquiring the Goods as an Entrepreneur (taxpayer). This declaration is made by ticking the appropriate box in the order form before sending the order to the Seller.
As part of the contract fulfillment with the Customer, the Seller may send the Customer an invitation by email to fill out a post-sale survey. The survey is used to collect opinions about the transaction carried out. The Customer can fill out the survey voluntarily.

§ 7 Warranty

The Seller ensures delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:

a) submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the Goods with defect-free ones or to remove the defect. Instead of the defect removal proposed by the Seller, the Customer may demand the replacement of the Goods with defect-free ones, or instead of replacing the Goods, the Customer may demand the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible or would entail excessive costs compared to the manner proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the defect found, as well as the inconvenience that another way of satisfaction would impose on the Customer, are taken into account.

b) demand the replacement of the defective Goods with defect-free ones or the removal of the defect. The Seller is obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time and without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer, or if this would cause excessive costs compared to another possible way of achieving conformity with the Sales Agreement. The costs of repair or replacement are borne by the Seller.

The Customer exercising warranty rights is obliged to deliver the defective Goods to the Seller's address. In the case of a Customer who is a Consumer, the Seller bears the delivery costs.
The Seller is liable under the warranty if the physical defect is found within two years of the delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with a defect-free one shall be time-barred after one year from the discovery of the defect, but this period cannot end before the expiry of the two-year period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a price reduction declaration due to the defect in the Goods. If the Customer has requested the replacement of the Goods with a defect-free one or the removal of the defect, the period for withdrawing from the Sales Agreement or submitting a price reduction declaration begins with the unsuccessful expiry of the period for replacing the Goods or removing the defect.
All complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Customer in writing to the Seller's address.
The Seller will respond to the complaint about the Goods or the complaint related to the execution of the Sales Agreement submitted by the Customer within 14 days from the date of the complaint request.
The Customer may submit a complaint to the Seller in connection with the use of services provided free of charge electronically by the Seller. The complaint may be submitted electronically and sent to the address shop@holivica.com. In the complaint, the Customer should provide a description of the problem that occurred. The Seller will process the complaint immediately, but no later than within 14 days, and provide the Customer with a response.
The Seller excludes its liability under the warranty towards Entrepreneurs to the fullest extent permitted by law.

§ 8 Guarantee

Goods sold by the Seller may be covered by a guarantee from the manufacturer or distributor.
In the case of Goods covered by a guarantee, information about the existence and content of the guarantee is presented each time on the Shop Website.

§ 9 Withdrawal from the Sales Agreement

A Customer who is a Consumer and has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the Sales Agreement begins from the moment the Consumer or a third party designated by them, other than the carrier, takes possession of the Goods, and in the case of a contract covering multiple Goods that are delivered separately, in parts, or in batches, from the moment the last Good, part, or batch was taken into possession. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration can be made, for example, in writing to the Seller's address or by email to the Seller's address. The declaration can be made on a form, a template of which was published by the Seller on the Shop Website at the address: Withdrawal Form. To meet the deadline, it is sufficient to send the declaration before its expiry.
In the event of withdrawal from the Sales Agreement, it is considered not concluded.
If the Consumer has made a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer is no longer binding.
The Seller is obliged to immediately, but no later than within 14 days of receiving the Consumer's declaration of withdrawal from the Sales Agreement, refund all payments made by the Consumer, including the costs of delivering the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until they have received the returned Goods or until the Consumer provides proof of having sent back the Goods, whichever event occurs first.
If the Consumer, exercising their right of withdrawal, has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send back the Goods to the Seller's address before this period expires.
In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
If, due to their nature, the Goods cannot be returned by normal postal means, the Seller will inform the Consumer about the costs of returning the Goods on the Shop Website.
The Consumer is responsible for any diminished value of the Goods resulting from handling them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
The Seller will refund the payments using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them.
The right to withdraw from the Sales Agreement is not available to the Customer who is a Consumer if the contract concerns Goods delivered in sealed packaging which, after opening the packaging, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.

§ 10 Free Services

The Seller offers Customers free electronic services:

a) Contact Form;

b) Newsletter;

c) Customer Account Management;

d) Opinion Posting.

The services mentioned in §10 para. 1 above are offered 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, form, time, and manner of granting access to the selected listed services, informing Customers thereof in a manner appropriate for changing the Terms and Conditions.
The Contact Form service consists of sending a message to the Seller via a form on the Shop Website.
Renunciation of the free Contact Form service is possible at any time and consists of ceasing to send inquiries to the Seller.
Any Customer can use the Newsletter service by entering their email address in the registration form provided by the Seller on the Shop Website. After sending the completed registration form, the Customer will immediately receive an activation link by email to the address provided in the registration form to confirm subscription to the Newsletter. As soon as the Customer activates the link, an agreement for the electronic Newsletter service is concluded. The Customer can also mark an appropriate field in the registration form during Registration to subscribe to the Newsletter service.
The Newsletter service consists of the Seller sending messages in electronic form to the email address containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
Each Newsletter addressed to specific Customers contains, in particular: information about the sender, a completed "Subject" field indicating the content of the shipment, and information about the possibility and method of renouncing the free Newsletter service.
The Customer can unsubscribe from the Newsletter at any time by unsubscribing via a link in every electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
The Customer Account Management service is available after Registration according to the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel within the Shop Website, enabling the Customer to change the data they provided during Registration, as well as to track the status of order processing and view the history of orders already executed.
A Customer who has registered may request the Seller to delete the Customer Account, whereby the Customer Account may be deleted within 14 days of the request if the Seller is requested to delete the Customer Account.
The Opinion Posting service consists of the Seller enabling Customers who have a Customer Account to publish individual and subjective Customer statements on the Shop Website, particularly regarding Goods.
Renunciation of the Opinion Posting service is possible at any time and consists of the Customer ceasing to post content on the Shop Website.
The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, violates laws or provisions of the Terms and Conditions, or if blocking access to the Customer Account and free services is justified for security reasons - in particular: if the Customer bypasses the security measures of the Shop Website or conducts other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts until the problem that justified blocking access to the Customer Account and free services is resolved. The Seller informs the Customer by email to the address provided in the registration form about the blocking of access to the Customer Account and free services.

§ 11 Customer Responsibility for Posted Content

By posting content and making it available, the Customer disseminates this content voluntarily. The posted content does not express the Seller's views and should not be identified with its activity. The Seller is not a content provider, but merely an entity that provides the appropriate IT resources.
The Customer declares that:

a) they are entitled to use proprietary rights, industrial property rights, and/or related rights to – respectively - works, items of industrial property (e.g., trademarks), and/or items of related rights that make up the content;

b) placing and making available personal data, images, and information about third parties within the scope of the services mentioned in §10 of the Terms and Conditions was done legally, voluntarily, and with the consent of the persons concerned;

c) agrees to other Customers and the Seller having access to the published content and authorizes the Seller to use this content free of charge in accordance with the provisions of these Terms and Conditions;

d) consents to the creation of works within the meaning of the Copyright Act and Related Rights.

The Customer is not permitted to post,

a) within the scope of using the services mentioned in §10 of the Terms and Conditions, personal data of third parties and disseminate the image of third parties without the required legal permission or consent of the third party;

b) within the scope of using the services mentioned in §10 of the Terms and Conditions, content of an advertising and/or promotional nature.

The Seller is liable for content posted by Customers, provided that they receive a notification in accordance with §12 of the Terms and Conditions.
Customers are prohibited from posting, within the scope of using the services mentioned in §10 of the Terms and Conditions, content that could, in particular:

a) be posted in bad faith, e.g., with the intention of infringing the personal rights of third parties;

b) violate any rights of third parties, including rights related to the protection of copyright and related rights, the protection of industrial property rights, trade secrets, or related to confidentiality obligations;

c) be offensive or constitute a threat to other persons, use vulgar language or expressions generally considered offensive;

d) be contrary to the Seller's interests;

e) in any way violate the Terms and Conditions, good customs, applicable legal provisions, social norms, or customs.

Upon receiving a notification in accordance with §12 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services mentioned in §10 of the Terms and Conditions, particularly with regard to content which, based on reports from third parties or relevant authorities, has been found to potentially violate these Terms and Conditions or applicable legal provisions. The Seller does not conduct ongoing monitoring of posted content.
The Customer agrees to the Seller using the content posted by them on the Shop Website free of charge.

§ 12 Reporting Dangers or Rights Violations

If the Customer or another person or entity believes that the content on the Shop Website violates their rights, personal rights, good customs, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or contract, they may inform the Seller about a potential violation.
The Seller, informed about a potential violation, will take immediate action to remove the content causing the violation from the Shop Website.

§ 13 Data Protection

The principles for the protection of personal data are set out in the Privacy Policy. Customers are encouraged to review the Privacy Policy available on the Shop Website, which details how their personal data is collected, used, and protected in compliance with the General Data Protection Regulation (GDPR).

§ 14 Contract Termination (not applicable to Sales Agreements)

Both the Customer and the Seller may terminate the contract for the provision of services by electronic means at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
The Customer who has registered terminates the contract for the provision of services by electronic means by sending the Seller an appropriate declaration of intent, using any means of distance communication that allows the Seller to become aware of the Customer's declaration of intent.
The Seller terminates the contract for the provision of services by electronic means by sending an appropriate declaration of intent to the email address provided by the Customer during Registration.

§ 15 Final Provisions

The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and to the extent of the damage actually suffered by the Customer who is an Entrepreneur, to the fullest extent permitted by law.
The content of these Terms and Conditions can be recorded by printing, saving on a storage medium, or downloading at any time from the Shop Website.
In the event of a dispute arising from a concluded Sales Agreement, the parties will attempt to resolve the matter amicably. The law applicable to the resolution of disputes arising from these Terms and Conditions is Polish law. However, for Customers who are Consumers habitually resident in Ireland, this choice of law shall not have the result of depriving the Consumer of the protection afforded to him/her by provisions that cannot be derogated from by agreement by virtue of Irish law.
Each Customer may use out-of-court complaint and redress procedures. A Customer who is a Consumer may also use out-of-court complaint and redress procedures by submitting their complaint via the EU online dispute resolution platform ODR, available at the address: http://ec.europa.eu/consumers/odr/.
The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the new Terms and Conditions come into force will be executed based on the Terms and Conditions that were in force at the time the order was placed by the Customer. The amendment to the Terms and Conditions will come into force 7 days after publication on the Shop Website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force about the amendment to the Terms and Conditions by sending an electronic message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller thereof, which will result in the termination of the contract in accordance with the provisions of §14 of the Terms and Conditions.

These Terms and Conditions for customers in Ireland shall enter into force on 03.06.2025.

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