TERMS AND CONDITIONS OF THE NEW HSE ONLINE SHOP

1. GENERAL PROVISIONS

1. The online shop: NEW HSE, operating under the domain: newhse.pl, is run by NEW HSE Jennet Arshimova, with its registered office located at: Dereniowa 2/98, 02-776 Warsaw, Poland, operating under the Tax Identification Number (NIP): 5842722630 and Company Registration Number (REGON): 221529844.

2. These Terms and Conditions define the rules for making purchases via the online shop: NEW HSE, including, in particular, the terms and conditions for concluding distance sales agreements through the shop and the procedure for withdrawal from the agreement by the Consumer.

3. Regarding services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 9 of the Polish Act on the Provision of Electronic Services dated 18 July 2002 (as amended).

4. These Terms and Conditions apply to all Customers of the Shop. All Customers are required to read the provisions of the Terms and Conditions before making a purchase.

5. Every Customer is obligated to comply with the provisions of the Terms and Conditions. Sales are conducted based on the version of the Terms and Conditions in force at the time the order is placed.

6. Each Customer may access the Terms and Conditions at any time by clicking on the “Terms and Conditions” link on the Shop’s website: newhse.pl. The Terms and Conditions can be downloaded and printed at any time.

7. All information provided on the Shop’s website: newhse.pl, regarding products (including prices), does not constitute an offer as defined in Article 66 of the Polish Civil Code of 23 April 1964 (as amended) but should be considered as an invitation to make an offer, as defined in Article 71 of the Civil Code of 23 April 1964 (as amended). By submitting the Order Form, the Customer makes an offer to purchase and deliver the selected Service at the price and under the conditions specified in the description.

2. DEFINITIONS

  • Terms and Conditions – this set of regulations governing the rules for using the Shop’s services by Customers.
  • Consumer – a natural person entering into an agreement through the Shop that is not directly related to their business or professional activity.
  • Entrepreneur with Consumer Rights – a natural person entering into a civil law agreement through the Shop, directly related to their business activity, provided that the agreement’s content shows it is not of a professional nature. This is particularly determined by the subject matter of their business activity as made available under the Central Register and Information on Economic Activity (CEIDG). For the purposes of these Terms and Conditions, unless explicitly stated otherwise, the provisions referring to Consumers also apply to Entrepreneurs with Consumer Rights.
  • Customer – a natural person (including a Consumer), aged at least 13 years (provided they have the consent of their legal representative), a legal entity, or an organisational unit without legal personality, which is granted legal capacity by specific regulations, and which uses the services provided by the Shop.
  • Order Form – a service available on the Shop’s website, enabling the Customer to make a purchase, particularly by adding services to the Cart and defining certain conditions of the Sales Agreement, including the method of delivery and payment.
  • Cart – a component of the Shop where the selected services are visible, and the Customer can specify and modify the order details, including the quantity of purchased products.
  • Shop – the online service owned by the Seller, available under the domain: newhse.pl, through which the Customer may purchase services from the Seller.
  • Seller – NEW HSE Jennet Arshimova, with its registered office at Dereniowa 2/98, 02-776 Warsaw, Poland, entered into the Central Register and Information on Economic Activity (CEIDG) under the Tax Identification Number (NIP): 5842722630, conducting business activity and offering sales through its online shop.
  • NEBOSH – The National Examination Board in Occupational Safety and Health, a British examination body offering qualifications in health, safety, environment, and wellbeing management.
  • Course – a service provided by NEW HSE under the terms specified in the course description.
  • Service – a non-productive business activity provided without the simultaneous presence of the Seller and the Customer (remotely), by transmitting data upon the Customer’s individual request. The transmission and receipt of this data occur via electronic devices, including digital compression, and storage devices, and are transmitted entirely via telecommunications networks as defined by the Telecommunications Act of 16 July 2004 (as amended).
  • Digital Service – a service enabling the Consumer to create, process, store, or access data in digital form; share digital data transmitted or created by the Consumer or other users; or interact using digital data, such as video and audio sharing, cloud-based storage, text editing, or gaming services.
  • Product – any goods or services, including real estate, digital services, digital content, as well as rights and obligations.
  • Digital Environment – hardware, software, and network connections used by the Consumer to access or utilise digital content or services.
  • Integration – the process of connecting digital content or a digital service with elements of the Consumer’s digital environment, ensuring compatibility with the Digital Content or Digital Service Agreement.
  • Compatibility – the ability of digital content, a digital service, or a product to work with hardware or software typically used to access such content or services of the same kind, without the need for transformation.
  • Functionality – the ability of digital content, a digital service, or a product to perform its functions according to its intended purpose.
  • Interoperability – the ability of digital content, a digital service, or a product to operate with hardware or software other than those typically used for similar digital content, services, or products.
  • Online Marketplace – a service using software, including websites, parts of websites, or applications operated by or on behalf of a trader, facilitating Consumers to enter into distance contracts with other traders or non-trader individuals.
  • Online Marketplace Provider – a trader operating, offering, or facilitating the use of an online marketplace.
  • Agreement – a distance sales agreement for services entered into by the Customer via the Shop, typically through the Order Form.

3. ORDER PLACEMENT AND EXECUTION

  1. Acceptance of the Terms and Conditions
    To use the Shop, Customers must read and accept these Terms and Conditions. By placing an order, the Customer agrees to the content of the Terms and Conditions.
  2. Product Information
    All offers presented in the Shop, including sponsored offers and advertisements, are clearly displayed as such. The price indicated in the order is the total amount payable by the Customer, inclusive of applicable taxes (gross price).If the Customer is required to pay an amount exceeding the agreed price, as described above, the Shop will promptly notify the Customer, explaining the reason for the difference. Additional charges will only be applied with the explicit consent of the Customer.
  3. Promotions and Price Changes
    The Seller reserves the right to adjust prices, introduce new products, and modify or cancel promotional offers while adhering to applicable laws.In the case of promotions, the Shop informs Customers about the lowest price of the Product within the last 30 days. For Products available for less than 30 days, the price before the promotion refers to the lowest price since the Product’s introduction. These details are displayed alongside the promotional price.
  4. Order Submission
    Orders can be placed using the Order Form available on the Shop’s website: newhse.pl – accessible 24/7. Alternatively, orders can be placed via email at biuro@newhse.pl. Email orders are processed Monday to Friday, between 8:30 AM and 4:30 PM (excluding public holidays). Emails sent outside these hours will be addressed within two business days.
  5. Order Process
    To place an order, Customers must:
    • Select a service and click the “ADD TO CART” button.
    • Review the items in the Cart and proceed to the Order Form, specifying delivery and payment details or opting for cash-on-delivery if available.
    • Confirm the purchase by clicking the relevant button.
  6. Confirmation and Payment
    After submitting the order, the Customer will receive a confirmation email detailing their order. The order process begins when:
    • Payment is received via traditional bank transfer, OR
    • Payment is confirmed through other available methods.
    Orders placed during Shop working hours (Monday to Friday, 8:30 AM to 4:30 PM) are processed on the same day. Orders submitted outside these hours or on weekends/public holidays are processed on the next working day.
  7. VAT Invoice
    A VAT invoice is issued for every order, in compliance with Article 106b, Section 3 of the Act on Goods and Services Tax of 11 March 2004 (as amended).
  8. Communication Channels
    Customers can contact the Shop through the following channels:
    • Email: biuro@newhse.pl or communications@newhse.pl
    • Phone: +48 662 809 020 or +48 600 628 816
    • Correspondence address: Grażyny 15, Room 204, 02-548 Warsaw, Poland
    • For contract withdrawal: Grażyny 15, Room 204, 02-548 Warsaw, Poland

5. RIGHT TO WITHDRAW

  1. Consumer’s Right to Withdraw
    In accordance with the Polish Consumer Rights Act of 30 May 2014 (as amended), the Consumer has the right to withdraw from a purchase agreement without providing a reason by submitting a written withdrawal notice within fourteen (14) days of receiving the service, product, or digital content.The withdrawal period is deemed to have been observed if the notice is sent before its expiration.
  2. Submitting a Withdrawal Notice
    The withdrawal notice should be sent to:
    Address: Grażyny 15, Room 204, 02-548 Warsaw, Poland.
    The template for the withdrawal notice is provided as Attachment 1 to these Terms and Conditions.
  3. Refund Process
    The Seller will refund all payments made by the Consumer within fourteen (14) days from receiving the withdrawal notice. Refunds will be made using the same payment method as the original transaction unless otherwise agreed upon.
  4. Consumer Responsibility
    The Consumer is responsible for any reduction in the value of the product resulting from use beyond what is necessary to determine its nature, characteristics, and functionality.
  5. Exemptions from the Right to Withdraw
    The right to withdraw does not apply to agreements concerning:
    a) Sealed audio, video recordings, or software unsealed after delivery.
    b) Periodicals, newspapers, or magazines (excluding subscriptions).
    c) Services or products where the price depends on financial market fluctuations beyond the Seller’s control.
    d) Digital goods or services not delivered on a physical medium, where the provision began with the Consumer’s explicit consent and acknowledgment of the withdrawal waiver.
  6. Right to Withdraw for Entrepreneurs with Consumer Rights
    Entrepreneurs with Consumer Rights also have the right to withdraw from distance agreements under the same terms as Consumers.

6. DISPUTE RESOLUTION

  1. In case of disputes, the Consumer may utilise the following methods:
    a) Mediation – Conducted by the relevant Provincial Trade Inspection Authority. Mediation requests can be submitted to the appropriate regional office.
    b) Consumer Arbitration Court – Operated by the relevant Provincial Trade Inspection Authority. Applications for arbitration may be submitted to the court.
    c) Local Consumer Ombudsman – Free assistance is available through municipal or county consumer advocates.
    d) Online Dispute Resolution (ODR) Platform – Available at: http://ec.europa.eu/consumers/odr/.
  2. These provisions regarding dispute resolution do not apply to Entrepreneurs with Consumer Rights.

7. DATA PROTECTION

  1. Customer Consent
    By placing an order, the Customer consents to the processing of their personal data for the purpose of fulfilling and managing the order. The Seller, as the data controller, ensures compliance with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and the free movement of such data (General Data Protection Regulation – GDPR).
  2. Data Controller
    The Seller is the data controller for personal data provided by the Customer while using the Shop.
  3. Data Security and Sharing
    Personal data stored in the Seller’s database will not be shared with entities unrelated to the fulfilment of the Agreement.
  4. Customer Rights
    In accordance with Article 15 of the GDPR, Customers have the right to access, rectify, or delete their personal data. The Seller guarantees each Customer the right to control the processing of their personal data.
  5. Voluntary Nature of Data Provision
    Providing personal data is voluntary; however, the lack of consent to process personal data will prevent the Seller from completing the Customer’s order.
  6. Further Information
    Detailed information on personal data and privacy protection is available in the “Privacy Policy” section on the Shop’s website.

8. FINAL PROVISIONS

  1. Agreement Scope
    These Terms and Conditions define the rules for entering into and performing the sales agreement for products available on the Shop’s website.
  2. Sales Agreement
    The sales agreement is concluded between the Customer and the Seller.
  3. Terms and Conditions Availability
    The Terms and Conditions are available to all Customers electronically on the Shop’s website: newhse.pl, under the “Terms and Conditions” section.
  4. Technical Requirements
    To use the Shop’s services, the Customer must have access to devices with internet connectivity and a web browser capable of displaying websites. Additionally, the Customer must provide an email address for communication and order processing.
  5. Prohibited Content
    Customers and all users of the Shop are prohibited from posting illegal content on the website.
  6. Applicable Law
    In matters not regulated by these Terms and Conditions, the provisions of generally applicable laws shall apply.
  7. Consumer Protection
    These Terms and Conditions do not exclude or limit any rights of the Consumer provided under mandatory legal provisions. In the event of discrepancies between these Terms and Conditions and such legal provisions, the latter shall prevail.
  8. Invalidity Clause
    If any provision of these Terms and Conditions is or becomes invalid or ineffective, the validity of the remaining provisions shall remain unaffected. In such cases, the parties shall replace the invalid provision with a valid one that reflects the original economic intent as closely as possible.

WITHDRAWAL FORM FOR CONSUMERS OR ENTREPRENEURS WITH CONSUMER RIGHTS

Acting in accordance with Article 27 of the Polish Consumer Rights Act of 30 May 2014 (consolidated text: Journal of Laws 2020, item 287, as amended), I hereby declare my withdrawal from the agreement concluded on _______________, concerning:

I kindly request a refund of the amount: ______________ PLN (in words: _____________________________________________), which should be transferred to the following bank account number: _________________________.

Notice:

Consumers and Entrepreneurs with Consumer Rights are entitled to withdraw from the Agreement within 14 days without providing a reason. In the case of agreements concluded during an unsolicited visit to the Consumer’s residence or regular place of stay or during a trip, the withdrawal period is extended to 30 days.

The withdrawal period ends 14 days after the day the Agreement was concluded, or the day the Consumer took possession of the goods (or part thereof), or a third party (other than the carrier) indicated by the Consumer took possession of the goods (or part thereof). For agreements concluded during an unsolicited visit or trip, the withdrawal period ends 30 days after the day possession was taken.

To exercise the right to withdraw, the Consumer must notify the Seller, i.e., NEW HSE, at the address: Grażyny 15, Room 204, 02-548 Warsaw, or via email at biuro@newhse.pl, of their decision to withdraw from the Agreement through a clear statement sent by traditional mail or email. The Consumer may use the withdrawal form template attached to these Terms and Conditions, although it is not mandatory.

The deadline is considered met if the Consumer sends the withdrawal information before the expiration of the withdrawal period.

In the case of withdrawal, the Seller will refund all payments received from the Consumer, including delivery costs (except additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered by the Seller) without delay and, in any case, no later than 14 days from the date the Seller was informed of the withdrawal decision.

The Seller will make the refund using the same payment method used by the Consumer in the original transaction unless the Consumer expressly agrees otherwise. In any case, the Consumer will not incur any fees as a result of the refund.

Respectfully,

(Signature of the Consumer/Entrepreneur with Consumer Rights)