Regulations of the online store

HotNight Aphrodisiac Drink / Regulations of the online store

I. Definitions

The terms used in the regulations mean:

  1. Customer – a natural person, legal person or an organizational unit that is not a legal person, whose provisions specifically grant legal capacity, which places Orders in the Online Store;

  2. Consumer – a Customer who places an Order for purposes not related to commercial, business, craft or freelance activities;

  3. Entrepreneur – a Customer who places an Order for purposes related to his trade, business, craft or freelance activity, including a Customer who places an Order through any other person acting on his behalf or on his behalf;

  4. Regulations – these regulations for the provision of electronic services as part of the Online Store;

  5. Online store – an internet service through which the Customer may, in particular, place Orders available at the following addresses:

    1. for orders placed from the Federal Republic of Germany: www.hot-n.de

    2. for orders placed from Great Britain: www.hot-n.uk

    3. for orders placed from Spain: www.hot-n.es

    4. for orders placed from the Republic of Poland: www.hot-n.pl

  1. Goods – products presented in the Online Store;

Registration Form – it means the electronic form by means of which the Customer may register an Individual Customer Profile available at the following addresses:

    1. for orders placed from the Federal Republic of Germany: https://hot-n.de/checkout/

    2. for orders placed from Great Britain: https://hot-n.uk/checkout/

    3. for orders placed from Spain: https://hot-n.es/checkout/

    4. for orders placed from the Republic of Poland: https://hot-n.pl/checkout/

  1. Individual Customer Profile – it shall be understood as a subpage of the Online Store through which the Customer may, among others manage personal data, control placed Orders, change Password, view Order history. Access to the Customer Account is protected by a Password and Login specified by the Customer;

  2. Sales contract – any contract under which the entrepreneur transfers or undertakes to transfer ownership of the goods to the consumer, and the consumer pays or undertakes to pay their price;

  3. Order – the Customer’s declaration of intent aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Good;

  4. HOT NIGHT s.r.o. – HOT NIGHT s.r.o., Bučinová 8698/2, 82107 Bratislava – mestská časť Vrakuňa, Slovensko, operating the Online Store;

  5. Seller – HOT NIGHT s.r.o.

  6. GDPR Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

 

II. General provisions

  1. Online store, available at the following addresses:

    1. for orders placed from the Federal Republic of Germany: www.hot-n.de

    2. for orders placed from Great Britain: www.hot-n.uk

    3. for orders placed from Spain: www.hot-n.es

    4. for orders placed from the Republic of Poland: www.hot-n.plis

run by the company HOT NIGHT s.r.o., Bučinová 8698/2, 82107 Bratislava – mestská časť Vrakuňa, Slovensko.

  1. Via the HOT NIGHT s.r.o. Online Store offers drinks for sale.

  2. A detailed list of Goods together with their unit prices is available on the Store’s website.

  3. The sales contract is concluded between the Customer and HOT NIGHT s.r.o. respectively:

    1. for orders placed from the Federal Republic of Germany – in accordance with German lawand in German;

    2. for orders placed from Great Britain – in accordance with English law and in English;

    3. for orders placed from Spain – in accordance with Spanish law and in Spanish;

    4. for orders placed from the Republic of Poland – in accordance with Polish law and in Polish.

  1. All product designations and their names are used for identification purposes may be registered trademarks for which rights have been granted protection.

 

III. Rules for using the Online Store

  1. Conclusion of the contract for the sale of Goods on the Online Store website can take place in two ways: 1) by creating an account and registering the Customer on the Online Store website, or 2) by making a purchase without prior registration.

  2. If the Customer chooses to purchase the Good with prior account creation and registration on the Online Store website, the Customer should complete the registration procedure by completing and accepting the registration form provided on the Online Store website.

  3. The condition of registration is providing personal data marked as mandatory and agreeing to the content of the Regulations and consent to the processing of personal data of the Customer by HOT NIGHT s.r.o. or the manufacturer of the Goods.

  4. If the Customer decides to make a purchase without prior registration, he will be required to complete an appropriate form with his data after making the purchase, as well as will be required to agree to the content of the Regulations and consent to the processing of personal data of the Customer by HOT NIGHT sro.

  5. HOT NIGHT s.r.o. may deprive the Customer of the right to use the Online Store, as well as may limit his access to part or all of the resources of the Online Store, with immediate effect, in the event of the Customer’s violation of the Regulations, and in particular when the Customer:

    1. provided during registration in the Online Store data that is false, inaccurate or outdated, misleading or violating the rights of third parties;

    2. has committed, through the Online Store, infringement of personal rights of third parties, in particular the personal rights of other Online Store Customers;

    3. has committed other behaviors that will be recognized by HOT NIGHT s.r.o. for behavior inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of HOT NIGHT s.r.o.

  1. A person who has been deprived of the right to use the Online Store may not register again without the prior consent of HOT NIGHT s.r.o.

  2. In order to ensure the security of the transmission of messages and data in connection with the services provided as part of the Online Store, the Online Store shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the unauthorized acquisition and modification of personal data sent in Internet.

  3. The customer is obliged in particular to:

    1. not to provide or transfer illegal content, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties;

    2. using the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices;

    3. not taking actions such as sending or placing unsolicited commercial information (spam) as part of the Online Store;

    4. use the Online Store in a way that is not inconvenient for other Customers and for HOT NIGHT s.r.o.

    5. use any content posted as part of the Online Store for personal use only (prohibition of using the Online Store for commercial purposes);

    6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

 

IV. The procedure of concluding a Sales contract

  1. In order to conclude a Sales Agreement via the Online Store, go to the Online Store website, select a drink, its quantity, taking further technical actions based on the messages displayed to the Customer and information available on the website.

  2. The choice of goods ordered by the Customer is made by adding them to the basket.

  3. When placing the Order – until the “Continue to paypal” button is pressed – the Customer may modify the entered data and modify the selection of the Good. To do this, follow the displayed messages and information available on the website.

  4. After the Customer using the Online Store has added all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information on:

    1. the subject of the contract;

    2. unit and total price of ordered products or services, including delivery costs and additional costs (if any);

    3. chosen payment method;

    4. the chosen method of delivery;

    5. delivery time, subject to point VI.2;

  1. In order to send an Order, it is necessary to provide personal data marked as mandatory, accept the Regulations and consent to the processing of personal data of the Customer by HOT NIGHT s.r.o. and pressing the “Continue to paypal” button.

  2. Sending the Order by the Customer is a declaration of will to conclude with HOT NIGHT s.r.o. contracts for the sale of Goods in accordance with the Regulations.

  3. The contract is considered to be concluded when the Seller receives the Order placed by the Customer.

  4. After placing the Order, the Customer receives an e-mail entitled “Confirmation of placing the order” containing the final confirmation of all essential elements of the Order, ie:

    1. data identifying the entrepreneur;

    2. the basic features of the selected good;

    3. the total price, including taxes, as well as delivery charges, postal services and any other additional costs

    4. chosen payment method, delivery;

    5. the complaint procedure used;

    6. in the case of the right to withdraw from the contract – the conditions, deadlines and procedure for withdrawal;

    7. costs of returning items in the event of withdrawal from the contract;

    8. the date on which the offer or price remains binding

  1. The sales contract, in accordance with the Regulations, is concluded as follows:

    1. for orders placed from the Federal Republic of Germany – in German;

    2. for orders placed from Great Britain – in English;

    3. for orders placed from Spain – in Spanish;

    4. for orders placed from the Republic of Poland – in Polish.

V. Prices and payment methods

  1. The prices of Goods are given accordingly:

    1. for orders placed from the Federal Republic of Germany – in euros and contain all components at the rate specified in separate regulations;

    2. for orders placed from Great Britain – in pounds and contain all ingredients at the rate specified in separate regulations;

    3. for orders placed from Spain – in euros and contain all components at the rate specified in separate regulations;

    4. for orders placed from the Republic of Poland – in PLN and contain all components at the rate specified in separate regulations.

The price of the Goods does not include the costs of delivery and Delivery of the Goods to the Customer, which price – determined in accordance with the provisions of point VII below – will be added to the sale price of the Goods, unless the Customer chooses the option of personal collection of the Goods or HOT NIGHT s.r.o. will provide free delivery.

  1. The price given next to the Good is binding when the Customer places the Order and will not change until the Order has been completed.

  2. The prices of Goods given in the Online Store apply only to the Online Store offer and are only valid in the online offer.

  3. HOT NIGHT s.r.o. reserves the right to change the prices of the Goods on offer, introduce new goods to the Online Store offer, remove products from the Store offer, carry out and cancel promotional campaigns on the Online Store pages or make changes to them, including changes to the Regulations. These changes will not apply to Orders placed before their introduction. Registered customers will be notified about planned changes regarding the Regulations or the prices of Goods 7 days before their introduction, using the information contained in emails. The changes referred to in the previous sentence will also be posted 7 days in advance on the Store’s main page in a visible place so that everyone can read them. The abovementioned changes regarding the Regulations or the prices of Goods come into force after 7 days from the date of posting on the Online Store website.

  4. The Online Store has the option of payment as follows:

    1. by transfer to the bank account HOT NIGHT s.r.o. led by

    2. payment in cash at the cash register of a stationary store – applies only to Orders picked up in person at a stationary store;

    3. online payment via tpay.com;

    4. online payment via paypal.com;

By using the above-mentioned forms of payment, the Customer does not bear any additional costs, except for the costs imposed by entrepreneurs by means of which the payment is made, in particular banks.

  1. The moment of making the payment is considered to be:

    1. in the case of payment by bank transfer – the moment of receipt of funds on the Seller’s bank account;

    2. in the case of online payments via the tpay.com website or the paypal.com website – a positive result of payment authorization in the case of online payments via the tpay.com website or the paypal.com website;

 

VI. Execution of the Order

  1. The Order will be processed on the condition that the Goods are available in the Store’s warehouse.

  2. In the event of unavailability of some of the Goods covered by the Order, the Customer will be informed about the status of the Order within 14 days of placing the Order and will decide on the manner of its implementation (partial implementation, extension of waiting time, withdrawal from the Order). The Customer’s failure to make a decision within 10 business days from the date of providing him with the information referred to in the first sentence, entitles the Seller to withdraw from the contract and refund the amounts paid by the Customer. Withdrawal from the contract referred to in the second sentence may take place before the expiry of 30 days from the date of placing the Order by the Customer.

  3. Each completed Order is documented by HOT NIGHT s.r.o. an appropriate accounting document issued after the Customer has settled the entire amount due under the Order.

  4. In the case of sales of promotional or sale products whose quantity is limited, the execution of Orders depends on the order of receipt of the Order in the Store. The deadline for completing the Order of sale products is 21 business days. If, after placing the Order, it appears that the Ordered goods are currently unavailable, the Customer will be immediately notified by e-mail about the unavailability of the goods.

  5. In the situation referred to in point 4., the procedure described in point 2.

 

VII. Delivery of the Order

  1. The delivery of Goods is limited accordingly:

    1. for Orders placed from www.hot-n.de – to the Federal Republic of Germany and takes place at the address provided by the Customer when placing the Order;

    2. for Orders placed from the website www.hot-n.uk – to the United Kingdom and takes place at the address provided by the Customer when placing the Order;

    3. for Orders placed from www.hot-n.es – to the area of ​​Spain and takes place at the address provided by the Customer when placing the Order;

    4. for Orders placed at www.hot-n.pl – to the territory of the Republic of Poland and takes place at the address provided by the Customer when placing the Order.

  1. Delivery of the ordered Goods takes place in the manner chosen by the Customer:

    1. via the transport entrepreneur (courier) to the indicatedaddress in the Order;

    2. personal pickup of the Customer from the selected HOT NIGHT s.r.o.store store;

  1. Delivery costs depend on the type and weight of the Good and will be indicated when placing the Order.

  2. HOT NIGHT s.r.o. shall not be liable for damages caused by irregularities (including errors) committed by the person placing the Order in the Order Form, as a result of which the parcel did not reach the addressee, as well as for unjustified refusal to collect the parcel.

 

VIII. Order collection

  1. The receipt of the Order by the Customer must be confirmed in writing on the delivery document.

  2. Written confirmation of receipt of the Good and its delivery transfers to the Customer the right to ownership of the Good and all risks related to possession and use, in particular the risk of loss or damage to the Good.

  3. When receiving the Order, the Customer is obliged to check the delivery in terms of quantitative compliance with the Order and to check that the Goods do not have mechanical damage caused during transport. The customer is required to perform a qualitative and quantitative control in the presence of the person delivering the Order.

 

IX. Rescission from the contract

  1. Every customer who is a consumer and uses the online store has the right to rescind from the contract of sale of the goods without giving a reason.

  2. The consumer has the right to rescind from this contract within 14 days without giving any reason. The deadline to rescind from the contract expires after 14 days from the day on which the Consumer came into possession of the last item delivered under one Order or on which a third party other than the carrier and indicated by the Consumer came into possession of the last item delivered under one Order.

  3. To exercise the right of rescission, the consumer must make an appropriate statement. A declaration of rescission from the contract must be submitted to HOT NIGHT s.r.o. in one of the following ways:

    1. sent by post to the address of the seat of HOT NIGHT s.r.o., i.e. Bučinová 8698/2, 82107 Bratislava – mestská časť Vrakuňa, Slovensko;

    2. sent by e-mail to the HOT NIGHT s.r.o. email address: info@hot-n.com

The consumer may use the model rescission form, but it is not mandatory.

  1. To meet the deadline to rescind from the contract, it is sufficient for the Customer who is a Consumer to send information regarding the exercise of his right to rescind from the contract before the deadline to rescind from the contract.

 

X. The effects of rescission from the contract by the Consumer

  1. In the event of rescission from this contract HOT NIGHT s.r.o. returns to the Consumer all payments received from him, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Customer who is a consumer other than the cheapest regular delivery method offered by NIGHT sro), immediately, and in any case not later than 14 days from the day HOT NIGHT sro has been informed of the Customer’s decision to exercise the right to rescind from this contract.

  2. HOT NIGHT s.r.o. will refund payments using the same payment methods that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution – in each case the Customer will not incur any fees in connection with this refund. HOT NIGHT s.r.o. may withhold the reimbursement of the payment until receipt of the item or until the Customer provides proof of sending it back, whichever occurs first.

  3. The customer should return or hand over the item immediately, and in any case not later than 14 days from the day on which he informed HOT NIGHT s.r.o. to rescind from this contract. The deadline is met if the customer sends the item back within 14 days. The customer will have to bear the direct cost of returning the Goods. The customer is only responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.

 

XI. Complaints about Goods

  1. Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the email address: info@hot-n.com. HOT NIGHT s.r.o. undertakes to consider each complaint for items sold within a reasonable time, however, if the complaint submitted by the Customer who is a Consumer is considered, this period may not exceed 14 days. Response to complaint (both accepting and not accepting the complaint) HOT NIGHT s.ro. forward to the Customer in writing or in electronic form.

  2. If the complaint is not acknowledged, the Customer will be notified of the Seller’s position within the time limit indicated in item 1 above with the reasons for the decision. Lack of information within 14 days towards the Customer who is a Consumer means recognition of the complaint and its implementation.

  3. In the case referred to in point 2, first sentence, the Customer who is a Consumer may request intervention from the appropriate authority dealing with Consumer law in the country from which the Order was made. In order to obtain legal assistance or advice, please provide all documents regarding the case, e.g. contracts, invoices, warranty documents, bills.4. In the event of a quantitative or qualitative complaint, it is recommended that a damage report be made in the presence of the person delivering the Order.

 

XII. Complaints related to the provision of electronic services

  1. HOT NIGHT s.r.o. undertakes actions to ensure fully correct operation of the Store, to the extent that results from current technical knowledge and undertakes to remove within a reasonable period of time any irregularities reported by Customers.

  2. The Customer is obliged to immediately notify HOT NIGHT s.r.o. about any irregularities or interruptions in the functioning of the Online Store website.

  3. Irregularities related to the functioning of the Online Store may be reported by the Customer in one of any ways:

    1. in writing to the address of the seat of HOT NIGHT s.r.o., i.e. Bučinová 8698/2, 82107 Bratislava – mestská časť Vrakuňa, Slovensko;

    2. by email at the HOT NIGHT s.r.o email address: info@hot-n.com

  1. In the complaint, the Customer should provide his name, correspondence address, typeand the date of occurrence of the irregularity related to the functioning of the Online Store.

  2. HOT NIGHT s.r.o. undertakes to consider each complaint within 30 days, and if this was not possible, to inform the Customer within this period when the complaint will be considered.

 

XIII. Personal data protection

  1. Please be advised that the administrator of your personal data is HOT NIGHT s.r.o., i.e. Bučinová 8698/2, 82107 Bratislava – mestská časť Vrakuňa, Slovensko.

  2. Your personal data is processed solely for the purpose of drafting a contract, performance of obligations under the contract, pursuing claims for non-performance or improper performance of the contract.

  3. The basis for processing your personal data:

    1. in connection with the need to perform the contract (e.g. in ensuring the correct quality of services) is art. 6 paragraph 1 letter b GDPR;

    2. in connection with the necessity to fulfill the legal obligation incumbent on the administrator (e.g. in the scope of issuing and storing invoices and accounting documents) is art. 6 paragraph 1 letter c GDPR;

    3. in connection with the necessity for purposes resulting from legitimate interests pursued by the administrator or a third party (e.g. in the scope of pursuing possible claims) is art. 6 paragraph 1 letter f GDPR;

  1. Providing your personal data is mandatory to the extent resulting from special provisions due to the necessity to perform the contract, while for the remaining scope it is voluntary.

  2. We process your personal data as part of the www.hot-n.pl website. However, if you make purchases on our website, we will provide your data depending on the purchase model you choose:

    1. Couriers performing deliveries;

    2. Payment operators available on the Online Store website;

  1. We will process your data for the duration of the contract and the time necessary to demonstrate performance of the contract, i.e. for the duration of the limitation period for claims.

  2. The personal data administrator provides you with the right to access personal data, the right to rectify personal data, the right to request removal or limit the processing of personal data. The subject of personal data may also submit to the Administrator objections to the processing of personal data and the transfer of personal data to another data administrator. In the case of voluntary consent to the processing of personal data, the data subject has the right to withdraw consent to the processing of personal data at any time, which does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal. In addition, data subjects have the right to lodge a complaint with the body supervising compliance with personal data protection provisions.

  3. Your personal data will not be transferred to a third country (outside the European Economic Area) and / or an international organization.

  4. Your data will not be processed in an automated manner, including in the form of profiling. Personal data will be processed only for the purpose for which they were originally collected.

XIV. Technical conditions

  1. In order to use the services provided under these Regulations, the Customer should have:

    1. Internet browser: Internet Explorer version not earlier than 8.0 or Mozilla Firefox latest version and 4 versions back; Chrome in the latest version and 4 versions back or Opera in the latest version and 4 versions back;

    2. Adobe program;

    3. active email address;

    4. active connection to the Internet.

 

XV. Final provisions

  1. Customers can access these Regulations at any time via the link on the home page of www.hot-n.de/www.hot-n.uk/www.hot-n.es/www.hot-n. pl and download it and print it. The material provisions of the Contract for the Sale of Goods are fixed, secured, made available and confirmed to the Customer by sending the Customer an e-mail to the provided e-mail address and by attaching the printout of the confirmation, Order specification and the appropriate accounting document to the parcel containing the Goods.

  2. Settlement of any disputes arising between HOT NIGHT s.r.o. and the Customer is subjected to the courts having jurisdiction in accordance with the provisions of the applicable national law.