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Conditions
 

Helapenio Online Shop Terms and Conditions
specifying, among other things, the terms and conditions of concluding a contract of sale in the
Shop and including the most important information about the Seller, the Shop and theConsumer's rights.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Shop
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
§ 12 Terms and conditions applicable to Buyers who are not Consumers
Appendix 1: Model withdrawal form

§ 1 DEFINITIONS
Working Days - days from Monday to Friday, excluding public holidays.
Account - the free-of-charge functionality of the Shop (service provided online) which is
regulated by separate Terms and Conditions and which allows the Buyer to create an individual
Account in the Shop.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Buyer - every entity making a purchase in the Shop.
Terms and Conditions - these Terms and Conditions.
Shop - Helapenio Online Shop run by the Seller at: https://helapenio.pl.
Seller - ROMAN PAVLINSKYY, an entrepreneur operating under the business name of ROMAN
PAVLINSKYY MOMO STUDIO, entered into the Central Registration and Information on
Business kept by the minister for economic affairs and the Central Registration and Information
on Business, Taxpayer's Identification Number NIP 6751370060, National Official Business
Register number REGON 122682025, address: os. Józefa Strusia 4/8, 31-807 Kraków, Poland.


§ 2 CONTACT WITH THE SELLER
1. Address for correspondence: os. Józefa Strusia 4/8, 31-807 Kraków, Poland
2. E-mail address: helapenio@gmail.com
3. Telephone: 604184548
4. Address for returning goods (in the case of withdrawal from the contract): ul. Reduta 34/22, 31-
421 Kraków, Poland.
5. Address for delivering goods subject to the complaint procedure: ul. Reduta 34/22, 31-421
Kraków, Poland.


§ 3 TECHNICAL REQUIREMENTS
1. For the Shop to function correctly, the following is required:
 a device with Internet connection
 an Internet browser which supports JavaScript and cookie files.

2. To make an order in the Shop, besides the requirements set out in item 1, an active e-mail
account is necessary.


§ 4 PURCHASES IN THE SHOP
1. The prices of goods presented in the Shop are the total prices of goods (all figures include VAT).
2. Please note that the overall value of the order is made up of the following elements presented in
the Shop: the price of goods and, if applicable, costs of delivery.
3. Goods to be purchased must be added to the cart in the Shop.
4. Then the Buyer selects the options available in the Shop: method of delivery and payment for the
order; the Buyer also provides data necessary to fulfil the order.
5. An order is considered submitted upon the Buyer's acceptance of its content and of the Terms
and Conditions.
6. Submitting an order has the same effect as concluding a contract of sale between the Buyer and
the Seller.
7. The Seller delivers to the Consumer a confirmation of the contract of sale on a durable medium
not later than at the time of the delivery of the goods.
8. The Buyer may register in the Shop, i.e. create an Account, or may make purchases without
registering by providing their data every time they make an order.


§ 5 PAYMENTS
1. The Buyer must pay for the submitted order via (as selected by the Buyer):
a. A standard bank transfer crediting the Seller's bank account.
b. A payment card:
 Visa
 Visa Electron
 MasterCard
 MasterCard Electronic
 Maestro
c. A payment platform:
 Płatności Shoper
d. Cash upon the delivery of goods to the Buyer.
2. When payment is made via the payment platform Płatności Shoper, the online payment is
handled by Blue Media S.A.
3. When the Buyer wishes to pay in advance, the payment for the order must be made within seven
(7) Working Days of the date of the placement of the order.
4. In the case of some payment methods, due to their specifications, the Seller advises of the
necessity to make the payment upon the placement of the order.
5. By making a purchase in the Shop the Buyer accepts the use of electronic invoices issued by the
Seller. The Buyer is entitled to withdraw their acceptance.


§ 6 ORDER FULFILMENT
1. The Seller is obliged to deliver goods without defects.
2. An order is fulfilled within five (5) Working Days.
3. If the Buyer chooses to pay in advance for an order, the Seller shall commence the fulfilment
upon receiving the payment.

4. In the case of one order being made for goods requiring different dates of fulfilment, such an
order shall be fulfilled by the date which is the most remote.
5. Goods can be delivered to the following countries:
 Poland
 Great Britain
 Sweden
 Germany
 Austria
 Norway
 USA
 Switzerland
 Spain
 Portugal
 Belgium
6. Goods purchased in the Shop are delivered (as specified by the Buyer):
a. by a package delivery company
b. by the Polish Post
c. to the InPost parcel machines


§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT
1. The Consumer has the right to withdraw from the contract made with the Seller via the Shop,
subject to § 8 of the Terms and Conditions, within 14 days and without providing reasons.
2. The Consumer has 14 days to withdraw from the contract, counting from the day:
a. when the Consumer took possession of the goods or the third party other than the carrier and
specified by the Consumer took possession of the goods.
b. when the Consumer took possession of the last item ordered or the third party other than the
carrier and specified by the Consumer took possession of the last item ordered, in the case of a
contract requiring the conveyance of proprietorship rights to multiple items which are delivered
separately.
c. of contract - in the case of a contract for digital content delivery.
3. In order to exercise their right to withdraw from the contract, the Consumer must advise the Seller
of their decision to withdraw from the contract, using the data provided in § 2 of the Terms and
Conditions, by way of an unequivocal statement (for example in a document sent by post or
information sent by e-mail).
4. The Consumer may at their own discretion use the model withdrawal form which is at the end of
the Terms and Conditions.
5. To meet the withdrawal deadline, it suffices that the Consumer sends information on their
exercising the right to withdrawal before the withdrawal deadline. 
EFFECTS OF THE WITHDRAWAL FROM THE CONTRACT
6. In the case of withdrawal from the contract, the Seller returns all the payments received from the
Consumer, including the costs of goods delivery (excluding any additional costs arising from the
method of delivery chosen by the Consumer being other than the cheapest, standard method of
delivery offered by the Seller), immediately, and in any case not later than 14 days after the day
on which the Seller was advised of the Consumer's decision to exercise their right to withdraw
from the contract.

7. The reimbursement shall be made by the Seller by the same means of payment which were used
by the Consumer originally unless the Consumer accepts another solution, but in any case, the
Consumer shall not be liable for any fees or charges related to the reimbursement.
8. The Seller may withhold the reimbursement until receiving the item back or until receiving a proof
of dispatch of the said item, depending on which event happens first.
9. The Seller requests that returns be made at: ul. Reduta 34/22, 31-421 Kraków, Poland, without
delay, or in any case not later than 14 days after the day when the Consumer advised the Seller
of their withdrawal from the contract. The deadline is considered as met if the Consumer sends
the goods before the lapse of the 14-day period.
10. The Consumer bears the direct costs of returning the goods.
11. The Consumer is only liable for the decrease in the value of the goods arising from their use in
another way than was necessary to determine their nature, properties and functioning.
12. If the goods, on account of their nature, cannot be sent back by way of an ordinary procedure by
post, the Consumer shall also bear the direct costs of returning the goods. The Seller shall advise
the Consumer of the estimated amount of these costs in the description of the goods in the Shop
or in the process of order submission.
13. Should it be necessary to return the payment made via a payment card, the Seller shall return the
amount due by crediting the bank account associated with the payment card.


§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE
CONTRACT
1. The right to withdraw from a distance contract cannot be enjoyed by the Consumer who entered
into a contract:
a. for the provision of non-prefabricated goods, made according to the Consumer's specifications or
goods customised to the Consumer's needs.
b. for the provision of perishable goods or goods which are liable to deteriorate or expire rapidly.
c. for the provision of goods delivered in sealed packaging which once opened cannot be returned
due to health or hygiene reasons if the packaging has been opened after delivery.
d. for the provision of goods which after the delivery, on account of their nature, are inherently
connected with other goods.
e. for the provision of sound or visual recording or computer software delivered in sealed packaging
if the packaging has been opened after delivery.
f. for delivery of journals, periodicals or magazines, excluding subscription contracts.
g. in which a price or remuneration depends on the fluctuations on the financial market remaining
beyond entrepreneur's control and which may occur before the end of the withdrawal deadline.
h. for the provision of digital content which is not saved on a durable medium if the provision of the
service commenced upon the Consumer's express consent before the expiry of the withdrawal
period and after the Consumer was advised by the entrepreneur of the loss of the right to
withdraw from the contract.


§ 9 COMPLAINTS
1. In the case of defective goods, the Consumer may submit a complaint based on the warranty or
guarantee as specified in the Civil Code, provided that the guarantee was issued.
2. Under warranty the Consumer may, on the principles and within time periods set forth in the Civil
Code:

a. make a statement on price reduction
b. in the case of major defect - make a statement on the withdrawal from the contract
c. demand an exchange of the defective item for an item free from defects
d. demand that the defect be removed
3. The Seller requests that warranty-based complaints be submitted at the postal address or e-mail
address specified in § 2 of the Terms and Conditions.
4. If it emerges that in order to handle the complaint it is necessary to deliver the goods at issue to
the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's
expense, at: ul. Reduta 34/22, 31-421 Kraków, Poland.
5. If the goods have been additionally covered with a guarantee, the relevant information and terms
and conditions are available in the product description in the Shop.
6. Complaints about the operation of the Shop should be submitted at the e-mail address specified
in § 2 of the Terms and Conditions.
7. The Seller shall handle the complaint within 14 days. 
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
8. If the result of the complaint procedure fails to satisfy the Consumer, the Consumer may, among
other things, resort to:
a. mediation handled by the locally competent Voivodship Inspectorate for Trade Inspection - the
agency with which the Consumer should file a request for mediation. In principle the procedure is
free of charge. The list of the Inspectorates is
here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b. the assistance of the locally competent Permanent Consumer Arbitration Court operating by the
Voivodship Inspectorate for Trade Inspection with which the Consumer should file a request for
examination of the case by the Arbitration Court. In principle the procedure is free of charge. A list
of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c. free-of-charge assistance of the Consumer Ombudsman at the city or poviat level.
d. an Online Dispute Resolution (ODR) platform is available at: http://ec.europa.eu/consumers/odr/.


§ 10 PERSONAL DATA
1. The Seller is the controller of the personal data provided by the Buyer in the process of using the
Shop.
2. The Buyer's personal data are processed primarily pursuant to a contract and for the purposes of
its execution, in compliance with the provisions stipulated in the general regulation of the
European Parliament and Council (EU) on the personal data protection (GDPR). Detailed
information on data processing by the Seller is included in the Privacy Policy presented in the
Shop.


§ 11 DISCLAIMERS
1. The Buyer cannot deliver unlawful content.
2. Every single order made in the Shop constitutes a separate contract of sale and requires for its
validity a separate acceptance of the Terms and Conditions. A contract is made for the period
and purposes of order fulfilment.
3. Contracts based on these Terms and Conditions are made in Polish.

4. None of the provisions of these Terms and Conditions excludes or in any way limits the
Consumer's rights arising from legal provisions.
5. The provisions pertaining to the delivery of goods and the contract of sale apply to digital content
and a contract for delivery of digital content, respectively, unless the Terms and Conditions
provide otherwise.


§ 12 TERMS AND CONDITIONS APPLICABLE TO BUYERS
WHO ARE NOT CONSUMERS
1. The right to withdraw from a distance contract can be enjoyed by the Consumer only.
2. The Seller is subject to the exemption of any liability whatsoever towards the Buyer who is not the
Consumer.
3. Should any dispute with the Buyer who is not a Consumer arise, it shall be settled by a
competent court of law, appropriate for the legal seat of the Seller.
Appendix 1 to the Terms and Conditions
Below is the model withdrawal form which may be used by the Consumer, if so the Consumer
chooses: 

MODEL WITHDRAWAL FORM
(please complete and send the form only if you wish to withdraw from the contract)
ROMAN PAVLINSKYY MOMO STUDIO
os. Józefa Strusia 4/8, 31-807 Kraków, Poland, e-mail address: helapenio@gmail.com
- I/we(*) ..................................................................... hereby inform(*) of my/our withdrawal from
the contract of sale of the following goods(*) / for the provision of the following service(*) / for the
provision of digital content in the form of (*):
...........................................................................................................................................................
.........................................................................
...........................................................................................................................................................
.........................................................................
...........................................................................................................................................................
.........................................................................
- Date of contract (*) /reception of
goods/services (*)  ..........................................................................................................................
- Name(s) and surname(s) of the Consumer(s):
..............................................................................................................................
- Address of the Consumer(s):
..........................................................................................................................................
...........................................................................................................................................................
.......................
.............................................................................................
Consumer's signature

(only if the form is sent in the paper version)
Date ............................................
(*) Delete as appropriate.


Terms and Conditions for the Account
The terms and conditions for the account in Helapenio Shop

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data 
§ 7 Disclaimers
§ 1 DEFINITIONS
Account - the free-of-charge functionality of the Shop (service) which is regulated by these
Terms and Conditions and which allows the Buyer to create an individual Account in the Shop. 
Buyer - every entity making a purchase in the Shop. 
Shop - the online shop operated by the Seller at https://helapenio.pl
The Seller - ROMAN PAVLINSKYY, an entrepreneur operating under the business name of
ROMAN PAVLINSKYY MOMO STUDIO, entered into the Central Registration and Information on
Business kept by the minister for economic affairs and the Central Registration and Information
on Business, Taxpayer's Identification Number NIP 6751370060 , National Official Business
Register number REGON 122682025, address: os. Józefa Strusia 4/8, 31-807 Kraków, Poland. 


§ 2 CONTACT WITH THE SELLER
1. Address for correspondence: os. Józefa Strusia 4/8, 31-807 Kraków, Poland
2. E-mail address: helapenio@gmail.com
3. Telephone: 604184548
§ 3 TECHNICAL REQUIREMENTS
1. For the correct functioning and the creation of the Account it is necessary to have:
 an active e-mail account
 a device with Internet connection
 an Internet browser which supports JavaScript and cookie files
§ 4 ACCOUNT
1. The creation of the Account is entirely voluntary and left to the Buyer's discretion.
2. The Account provides the Buyer with additional possibilities, such as: viewing the history of
orders made by the Buyer in the Shop, checking the order status or independently editing the
Buyer's data.
3. In order to create an Account a proper form must be completed in the Shop.

4. At the time of Account creation a contract is made for an indefinite period between the Buyer and
the Seller for the administration of the Account according to the principles laid down in these
Terms and Conditions.
5. The Buyer may terminate the Account at any time and without incurring any costs.
6. In order to terminate the Account it is necessary to send a request for termination to the Seller at:
helapenio@gmail.com, which will result in the immediate removal of the Account and termination
of the contract for Account administration.


§ 5 COMPLAINTS
1. Complaints about the functioning of the Account are to be sent by e-mail at:
helapenio@gmail.com.
2. The Seller shall handle the complaint within 14 days. 
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS
3. If the result of the complaint procedure fails to satisfy the Consumer, the Consumer may, among
other things, resort to:
a. mediation handled by the locally competent Voivodship Inspectorate for Trade Inspection - the
agency with which the Consumer should file a request for mediation. In principle the procedure is
free of charge. The list of the Inspectorates is
here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b. the assistance of the locally competent Permanent Consumer Arbitration Court operating by the
Voivodship Inspectorate for Trade Inspection with which the Consumer should file a request for
examination of the case by the Arbitration Court. In principle the procedure is free of charge. A list
of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c. an Online Dispute Resolution (ODR) platform is available at: http://ec.europa.eu/consumers/odr/.


§ 6 PERSONAL DATA
1. The Seller is the controller of the personal data provided by the Buyer in the process of using the
Shop.
2. The Buyer's personal data are processed primarily pursuant to a contract and for the purposes of
its execution, in compliance with the provisions stipulated in the general regulation of the
European Parliament and Council (EU) on the personal data protection (GDPR). Detailed
information on data processing by the Seller is included in the Privacy Policy presented in the
Shop.


§ 7 DISCLAIMERS
1. The Buyer cannot deliver unlawful content.
2. The contract for the Account administration is made in Polish.
3. For serious reasons, as specified in item 4, the Seller is entitled to amend the Terms and
Conditions for the Account.
4. The serious reasons mentioned in item 3 are:
a. the obligation to make the Shop comply with the legal provisions applicable to the business
activity of the Shop
b. improvements to the security of services

c. changes in the Account functions requiring modifications in the Terms and Conditions for the
Account.
5. The Buyer shall be advised in a message sent to the e-mail address associated with the Account
of planned amendments to the Terms and Conditions for the Account at least 7 days prior to the
implementation of these amendments.
6. If the Buyer does not accept the planned amendments, the Buyer should advise the Seller of this
fact by sending an e-mail at helapenio@gmail.com, which will result in the termination of the
contract for Account administration effective on the day of implementation of the amendments at
issue or sooner upon the Buyer's request.
7. If the Buyer does not raise any objection to the planned amendments until their implementation, it
is assumed that the Buyer accepts them, which does not preclude the possibility of terminating
the contract in the future.
8. Should any dispute with the Buyer who is not a Consumer arise, it shall be settled by a
competent court of law, appropriate for the legal seat of the Seller.
9. None of the provisions of these Terms and Conditions excludes or in any way limits the
Consumer's rights arising from legal provisions.

Newsletter Terms and Conditions

for the Helapenio shop

§ 1 DEFINITIONS
Newsletter - a free-of-charge online service activated upon subscription whereby the Service
Provider sends to the Service Recipient news related to the Shop, including information about
offers, bargains and new items in the Shop. 
Shop - an online shop operated by the Service Provider at the address of https://helapenio.pl
Service Provider -ROMAN PAVLINSKYY, an entrepreneur operating under the business name
of ROMAN PAVLINSKYY MOMO STUDIO, entered into the Central Registration and Information
on Business kept by the minister for economic affairs and the Central Registration and
Information on Business, Taxpayer's Identification Number NIP 6751370060, National Official
Business Register number REGON 122682025, address: os. Józefa Strusia 4/8, 31-807 Kraków,
Poland. 
Service Recipient - every entity subscribed to the Newsletter. 


§ 2 Newsletter
1. The Service Recipient may voluntarily subscribe to the Newsletter.
2. In order to subscribe to the Newsletter and benefit from the service it is necessary to have a
device with an updated version of an Internet browser supporting JavaScript and cookie files, with
access to the Internet and an active e-mail account.
3. The e-mails sent within the subscription are sent to the e-mail address provided by the Service
Recipient in the process of subscribing to the Newsletter.

4. In order to make a contract and subscribe to the Newsletter, the Service Recipient first enters the
e-mail address (in the space provided) to which the Newsletter is to be sent. Then, the Service
Provider sends an e-mail verification message to the e-mail address provided by the Service
Recipient in the first step including a link for the Service Recipient to confirm their wish to
subscribe to the Newsletter. Upon the confirmation of the Service Recipient's the wish to
subscribe to the Newsletter a contract for service provision is made and the Service Provider
commences its execution.
5. The messages sent within the Newsletter subscription shall include information on withdrawal
from the service and the relevant link to do so.
6. The Service Recipient may terminate their subscription to the Newsletter without stating reasons
therefor and without incurring any costs, at any time, using the option mentioned in item 5 or by
advising the Service Provider of it in a message sent by e-mail: helapenio@gmail.com.
7. If the Service Recipient uses the link or sends an e-mail with the statement on withdrawing from
the Newsletter subscription, the contract for the provision of this service shall be terminated
immediately.


§ 3 Complaints
1. Complaints about the Newsletter should be sent to the Service Provider at the e-mail
address: helapenio@gmail.com.
2. The Service Provider shall act upon the complaint within 14 days as of the reception of the
complaint.


§ 4 Personal data
1. The Service Provider is the controller of the personal data provided by the Service Recipient
while being subscribed to the Newsletter.
2. The Service Recipient's personal data are processed primarily pursuant to a contract and for the
purposes of its execution, in compliance with the provisions stipulated in the general regulation of
the European Parliament and Council (EU) on the personal data protection (GDPR). Detailed
information on data processing by the Service Provider is included in the Privacy Policy
presented in the Shop.


§ 5 Final provisions
1. The Service Provider reserves the right to change these Terms and Conditions only due to
important reasons. An important reason is to be construed as the necessity to change the Terms
and Conditions caused by the modernisation of the Newsletter service or by amended legal
provisions which affect the provision of the service by the Service Provider.
2. The information on the planned change in the Terms and Conditions shall be sent to the Service
Recipient's e-mail address provided in the process of subscribing to the Newsletter at least 7
days prior to the implementation of the change.
3. If the Service Recipient does not object to the planned changes until their implementation, it is
assumed that the Service Recipient accepts the changes.
4. If the Service Recipient does not accept the planned changes, the Service Recipient should
advise the Service Provider of this fact in an e-mail sent at: helapenio@gmail.com, which shall
result in the termination of the contract for the provision of the service upon implementation of the
changes.

5. The Service Recipient cannot deliver unlawful content.

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