Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Harry Josh Pro (EU).

This website and online store are operated by Searchers Group Polska sp. z o.o., trading as Harry Josh Pro (EU) (“Harry Josh Pro (EU)”, “we”, “us”, or “our”). Our company details are provided in Section 25 below.

We operate this website and online store, including all related information, content, features, tools, products, and services, to provide you with our online shopping services (collectively, the “Services”).

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer the Services to you.

These Terms of Service, together with any policies expressly referenced in them (collectively, the “Terms”), describe the terms applicable to your access to and use of the Services and purchases made through our online store.

Please read these Terms carefully before using the Services or placing an order.

By accessing or using the Services, you agree to these Terms. Where applicable, your personal information will be processed in accordance with our Privacy Policy [LINK].

If you are a consumer, nothing in these Terms excludes, restricts, or limits any mandatory rights or remedies available to you under applicable consumer protection law. If any provision of these Terms conflicts with mandatory consumer protection law, the applicable mandatory law will prevail.

SECTION 1 – ACCESS AND ACCOUNT

You may use the Services only if you have the legal capacity required under applicable law to enter into the relevant transaction.

When using the Services, including when creating an account or purchasing products, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You agree that the information you provide to us will be accurate, current, and complete and that you have the right to provide such information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account, except to the extent that such activity results from circumstances for which you are not responsible.

You may not sell, transfer, assign, or license your account to another person without our prior consent.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that descriptions, photographs, specifications, prices, and other information concerning our products are accurate and up to date.

However, the appearance of colors and other visual characteristics may vary depending on your device, screen settings, lighting, and other technical factors. Such minor differences do not affect your statutory rights where a product is defective, does not conform to the contract, or materially differs from its description.

We may update product descriptions or discontinue products from time to time. Any such changes will not affect orders already concluded, except where required by law or agreed with you.

Product availability may vary by country or region, and we may impose reasonable quantity limits where necessary, including to prevent fraud, unauthorized resale, or abuse.

Nothing in this Section limits your rights under applicable consumer protection laws concerning defective, damaged, misdescribed, or otherwise non-conforming goods.

SECTION 3 – ORDERS

When you place an order through our online store, you submit an offer to purchase the products included in your order.

Before submitting your order, you will have an opportunity to review and correct your order information.

Receipt of an automated order acknowledgement does not necessarily constitute acceptance of your order. A contract between you and Harry Josh Pro (EU) is formed when we expressly accept your order or otherwise confirm acceptance in accordance with the checkout process.

We may decline or cancel an order where there is a legitimate reason to do so, including where:

the product is unavailable;
payment cannot be authorized or processed;
the information provided in connection with the order is materially incomplete or incorrect;
we reasonably suspect fraud, unauthorized payment activity, or abuse;
the order exceeds applicable quantity restrictions;
we are unable to deliver to the requested destination;
there has been an obvious pricing or product-information error; or
accepting or fulfilling the order would violate applicable law.

If we cancel an order after receiving payment, we will refund the amounts paid for the cancelled order in accordance with applicable law.

Please review your order carefully before submitting it. Your ability to cancel an order after it has been accepted is subject to our Refund Policy [LINK] and any cancellation or withdrawal rights available to you under applicable law.

Returns, exchanges, complaints, and refunds are governed by our Refund Policy [LINK] and applicable consumer protection law.

Products purchased through our consumer-facing online store are intended primarily for personal or household use. If you wish to make a commercial or wholesale purchase, please contact us separately.

SECTION 4 – PRICES AND BILLING

Prices displayed to consumers include applicable VAT and other taxes unless clearly stated otherwise.

Any applicable shipping or delivery charges and any other charges payable by you will be disclosed before you place your order.

Where cross-border delivery may result in customs duties, import taxes, or other charges that are not collected by us, we will provide information about such potential charges where required by applicable law.

The price applicable to your purchase will be the price displayed to you when you place your order, subject to the provisions of these Terms concerning obvious errors.

Prices, discounts, and promotions applicable to future purchases may change without notice. Changes will not affect orders already concluded.

Promotions may be subject to separate terms and conditions. Where specific promotional terms conflict with these Terms in relation to that promotion, the specific promotional terms will apply, subject always to mandatory consumer law.

You agree to provide accurate and complete purchase and payment information and to use only payment methods that you are authorized to use.

SECTION 5 – SHIPPING AND DELIVERY

We will deliver your order to the delivery address provided during checkout.

Any delivery dates or delivery periods provided to you will be handled in accordance with applicable law. Unless another delivery period has been agreed, we will deliver products within the period required by applicable consumer law.

We are not responsible for delays caused solely by circumstances outside our reasonable control, provided that this does not limit any rights or remedies you may have under applicable law.

For purchases made by consumers, the risk of loss of or damage to the products generally passes to you when you, or a third party designated by you other than the carrier, takes physical possession of the products.

Where you independently commission a carrier that was not offered by us, risk may pass at a different time where permitted by applicable law.

Nothing in this Section limits your statutory rights in relation to delayed, lost, damaged, or undelivered goods.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and their content, including trademarks, trade names, logos, text, graphics, photographs, images, videos, audio, designs, software, and the selection and arrangement of such materials, are owned by or licensed to Harry Josh Pro (EU), its affiliates, licensors, or other applicable rights holders and are protected by applicable intellectual property laws.

Subject to these Terms, you may access and use the Services for your personal, non-commercial use.

Except where permitted by applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, or commercially exploit material from the Services without the prior permission of the relevant rights holder.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Harry Josh Pro names, logos, product names, service names, designs, and slogans may be trademarks of Harry Josh Pro, its affiliates, or licensors and may not be used without authorization.

Shopify’s names, logos, product names, service names, designs, and slogans are trademarks of Shopify or its affiliates.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

The Services may provide access to tools, applications, integrations, or functionality provided by third parties.

We do not necessarily control such third-party tools. Your use of them may also be subject to the applicable third party’s terms and privacy policies.

To the extent permitted by applicable law, we are not responsible for the operation of independent third-party tools or services. Nothing in this Section excludes liability that cannot lawfully be excluded.

We may introduce additional features, tools, and resources through the Services from time to time. Unless otherwise stated, these will form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, resources, or services operated by third parties.

We are not responsible for the content, accuracy, availability, security, or practices of independent third-party websites or services that we do not control.

If you access a third-party website or service, its own terms, conditions, and privacy policies may apply.

Nothing in this Section excludes or limits any responsibility we may have under applicable law.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Harry Josh Pro (EU) uses Shopify’s e-commerce platform to provide the online store and related Services.

Purchases made through our online store are made from Searchers Group Polska sp. z o.o., trading as Harry Josh Pro (EU), and not from Shopify.

Shopify provides technology and related services that support the operation of the online store but is not the seller of the Harry Josh Pro products purchased from us.

To the extent permitted by applicable law, Shopify is not responsible for our performance of sales contracts with you. Nothing in this Section affects any rights you may have against us or any rights or remedies that cannot lawfully be excluded.

SECTION 10 – PRIVACY

We process personal information in accordance with our Privacy Policy, available here: [LINK].

Because our online store is hosted using Shopify’s platform, Shopify and other service providers may process certain personal information in connection with the operation of the Services.

For information about the categories of personal data processed, purposes and legal bases of processing, recipients of personal data, international transfers, retention periods, cookies and similar technologies, and your rights under applicable data protection law, please review our Privacy Policy [LINK] and, where applicable, the privacy information provided by Shopify.

SECTION 11 – FEEDBACK AND REVIEWS

If you voluntarily submit reviews, comments, suggestions, photographs, ideas, or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute that Feedback for purposes connected with our business and the promotion and operation of the Services, to the extent permitted by applicable law.

This license does not transfer ownership of your Feedback to us.

You represent that you have the rights necessary to submit the Feedback and that its use as contemplated by these Terms will not infringe the rights of another person.

You must not submit Feedback that is unlawful, defamatory, abusive, fraudulent, misleading, obscene, infringing, or that contains malware or other harmful code.

We may moderate or remove Feedback where reasonably necessary, including where it violates applicable law, these Terms, or the rights of another person.

Where we publish consumer reviews, we will handle such reviews in accordance with applicable consumer protection requirements.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

We make reasonable efforts to ensure that information provided through the Services is accurate.

Occasionally, the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, delivery times, or product availability.

We may correct such errors and update information as appropriate.

If an obvious error materially affects an order you have submitted, we will contact you where reasonably possible and handle the matter in accordance with applicable law. Nothing in this Section gives us an unrestricted right to cancel a binding consumer contract or alter its terms unilaterally where doing so would be prohibited by applicable law.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services:

(a) for an unlawful, fraudulent, or malicious purpose;

(b) to infringe our intellectual property rights or the rights of another person;

(d) to knowingly transmit materially false or misleading information;

(e) to distribute malware, viruses, or other harmful code;

(f) to send unauthorized spam or other unlawful marketing communications;

(g) to impersonate another person or entity;

(h) to obtain or attempt to obtain unauthorized access to the Services or related systems;

(i) to collect personal information unlawfully;

(j) to interfere with security or access-control measures; or

(k) to use automated systems, scraping tools, bots, or agents in a manner that violates applicable law, these Terms, or technical measures reasonably implemented to protect the Services.

We may take reasonable steps to prevent or address misuse of the Services, including restricting or suspending access where appropriate.

Any suspension or termination under this Section will not affect your statutory consumer rights or our obligations concerning orders already concluded.

SECTION 14 – AUTOMATED AGENTS

For purposes of this Section, an “Agent” means software or a service capable of taking autonomous or semi-autonomous actions on behalf of a person or entity.

Agents accessing or interacting with the Services must comply with applicable law, these Terms, and reasonable technical requirements communicated by us.

An Agent must not:

(a) conceal or intentionally misrepresent its automated nature where identification is reasonably required;

(b) circumvent CAPTCHAs, access controls, rate limits, or other reasonable security measures;

(d) interfere with the normal operation or security of the Services; or

(e) continue accessing the Services after we have lawfully required that access to stop.

We may use reasonable technical measures to limit automated access where necessary to protect the Services, our customers, or our systems.

Nothing in this Section restricts any activity that cannot lawfully be restricted.

SECTION 15 – SUSPENSION AND TERMINATION

We may suspend or terminate access to an account or to all or part of the Services where reasonably necessary, including in response to:

a material or repeated breach of these Terms;
suspected fraud or unlawful activity;
security threats;
misuse of the Services;
legal or regulatory requirements; or
discontinuation of the relevant Service.

Where reasonably practicable and appropriate, we will provide notice of suspension or termination.

Suspension or termination of access to the Services will not affect rights or obligations arising from orders already concluded or any statutory consumer rights.

Provisions that by their nature should continue after termination will remain effective.

SECTION 16 – WARRANTIES AND STATUTORY RIGHTS

We aim to provide the Services with reasonable care and to supply products that conform to the applicable sales contract and applicable law.

Nothing in these Terms excludes, limits, or modifies any legal guarantee, warranty, remedy, or other right available to consumers that cannot lawfully be excluded or limited.

Consumers in the European Union have statutory rights concerning goods that are defective, damaged, misdescribed, or otherwise fail to conform to the contract. These rights are separate from, and may apply in addition to, any manufacturer’s or commercial warranty.

Information and general content provided through the Services that does not form part of a product description or contractual commitment is provided for general informational purposes. While we take reasonable steps to maintain its accuracy, we do not guarantee that non-contractual informational content will always be complete, current, or error-free.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

In particular, nothing in these Terms limits your mandatory consumer rights or any liability that cannot lawfully be excluded or limited, including where applicable liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, intentional misconduct, or liability arising under mandatory product-safety or consumer-protection laws.

To the extent permitted by applicable law, we will not be responsible for losses that were not reasonably foreseeable when the relevant contract was concluded or for losses arising from your use of the Services for commercial or business purposes where you purchased as a consumer.

Your statutory rights remain unaffected.

SECTION 18 – CUSTOMER RESPONSIBILITY

You are responsible for using the Services lawfully and in accordance with these Terms.

You may be responsible, to the extent provided by applicable law, for loss or damage directly caused by your unlawful conduct, fraud, intentional misconduct, or material breach of these Terms.

Nothing in this Section creates an obligation for a consumer to indemnify us for losses beyond those for which the consumer may lawfully be held responsible.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined by a competent authority or court to be unlawful, invalid, or unenforceable, that provision will apply only to the extent permitted by applicable law.

Where possible, the remaining provisions will continue to apply.

Nothing in this Section permits an unfair or otherwise unlawful consumer contract term to be replaced or interpreted in a manner that deprives a consumer of mandatory legal protections.

SECTION 20 – ENTIRE AGREEMENT AND INTERPRETATION

These Terms, together with the policies and other terms expressly incorporated into them, constitute the agreement governing your use of the Services and purchases made through the online store, subject to applicable mandatory law.

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms are intended to be interpreted in accordance with applicable law. Where consumer law requires an ambiguous standard contractual term to be interpreted in the manner most favorable to the consumer, that rule will apply.

Nothing in these Terms limits rights arising from mandatory consumer protection law.

SECTION 21 – ASSIGNMENT

You may not transfer contractual rights or obligations where doing so would materially affect our rights or obligations, except where such transfer is permitted by applicable law or with our consent.

We may transfer our rights or obligations under these Terms as part of a reorganization, transfer of business, merger, or similar transaction, or where otherwise reasonably necessary, provided that the transfer does not reduce your mandatory consumer rights or guarantees.

Nothing in this Section restricts any assignment or transfer right that cannot lawfully be restricted.

SECTION 22 – GOVERNING LAW AND DISPUTES

These Terms and contracts concluded through our online store are governed by the laws of Poland, subject to applicable mandatory consumer protection rules.

If you are a consumer residing in another country, this choice of Polish law does not deprive you of mandatory consumer protections that apply to you under the law of your country of habitual residence where such protections cannot lawfully be excluded by agreement.

Any dispute may be brought before a court having jurisdiction under applicable law. Nothing in these Terms requires a consumer to bring proceedings exclusively before a Polish court where applicable law gives the consumer the right to bring proceedings elsewhere.

Before commencing formal proceedings, we encourage you to contact us at corporate@thesearchersgroup.com so that we can attempt to resolve your complaint.

Information regarding any applicable out-of-court complaint or dispute-resolution procedures will be provided where required by law.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience and do not affect their interpretation.

SECTION 24 – CHANGES TO THESE TERMS

The current version of these Terms will be available on this page.

We may update these Terms from time to time, including to reflect changes to the Services, our business practices, or applicable legal requirements.

Material changes will be communicated where required by applicable law.

Unless applicable law permits otherwise, changes to these Terms will not retroactively reduce your rights or materially alter your obligations in relation to an order or contract concluded before the changes became effective.

Your use of the Services after updated Terms become effective will be subject to the updated Terms to the extent permitted by applicable law.

SECTION 25 – CONSUMER RIGHTS, RETURNS, AND COMPLAINTS

If you purchase products from us as a consumer, you have rights under applicable consumer protection law in addition to any voluntary rights we provide.

For eligible distance purchases, consumers generally have a statutory right to withdraw from the contract within 14 days without giving a reason, subject to applicable exceptions.

Our Refund Policy provides additional information regarding returns, withdrawal, refunds, and applicable exceptions.

Consumers also have statutory rights where products are defective or otherwise fail to conform to the contract. These statutory rights are not limited by our voluntary return policy or by any manufacturer’s commercial warranty.

To submit a complaint concerning an order or product, please contact us at:

Email: corporate@thesearchersgroup.com
Phone: +48 606 990 349

Please provide your order number and a description of the issue so that we can review your complaint efficiently.

Nothing in this Section limits any right or remedy available under applicable law.

SECTION 26 – CONTACT AND SELLER INFORMATION

The seller and operator of this online store is:

Searchers Group Polska sp. z o.o.
trading as Harry Josh Pro (EU)

Registered office / address:

ul. Kawalerzystów 10/12
53-004 Wrocław
Poland

KRS: 0000984373
NIP: 8992931791
REGON: 52266778600000