ONLINE STORE TERMS AND CONDITIONS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683, i.e. as amended).
2. Each customer should read the Regulations.
3. The Regulations are available on the Store’s website and are made available free of charge also before the conclusion of the contract. At the Customer’s request, the Regulations are also made available in such a way that it is possible to obtain, reproduce and record its content using the ICT system used by the Customer (e.g. by e-mail).
4. Basic definitions:
1) Regulations: Regulations of the Online Store;
2) Seller: VENKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Lwowska 31/101, 56-400 Olesnica, running a business under the NIP number 7010433738, REGON 147350039, KRS 0000517712
3) Customer: a natural person who is 18 years of age and has full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur obligations on its own behalf, which will establish a legal relationship with the Seller in the field of the Store’s operations. The Customer is also a Consumer, if there are no separate provisions in relation to the Consumer in a given matter;
4) Consumer: A customer who is a natural person who performs a legal transaction (purchase) with the Seller, not related directly to its business or professional activity;
5) Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219, i.e. as amended), provided electronically by the Seller to the Customer via the Website;
6) Store or Online Store, or Website: Electronic service, Online Store, run by the Seller at the internet address www.venko.com.pl, under which the Customer concludes a distance sales contract, the parties are informed about the sale via e-mail automatically generated, and the performance of the contract (in particular the delivery of the Goods) takes place outside the Internet;
7) Account – an Electronic Service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the Seller’s ICT system, in which the data provided by the Customer and information on activities within the Store are collected;
8) Goods or Product – goods sold in the Store, included in the Seller’s offer;
9) Contract – a distance contract regarding the purchase of the Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
10) Form – a script that is a means of electronic communication, enabling placing an Order in the Store or performing other activities in the Store;
11) Order – an instruction to purchase the Goods submitted by the Customer using the means of technical communication;
12) Newsletter – Electronic Service, electronic distribution service provided by the Seller via electronic mail (e-mail), which allows all customers using it to automatically receive from the Seller periodic messages (newsletters) containing information about the Website, including news or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller’s data for contact with the Customer: address ul. ul. Lwowska 31/101, 56-400 Olesnica ,, e-mail address email@example.com, phone number +48 570 458 338.
2. The Seller offers the following types of Electronic Services:
1) Online Store,
3) Opinions (commenting),
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition for using the Store is that the Customer has a computer or other devices that enable browsing the Internet, appropriate software (including a web browser), Internet access and an up-to-date and active e-mail account.
5. The Customer is prohibited from providing illegal content.
6. Using the Store may be associated with threats typical for the use of the Internet, such as spam, viruses, hacker attacks. The seller takes steps to counteract these threats. The Seller indicates that the public nature of the Internet and the use of electronic services may entail the risk of obtaining or modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks, including antivirus and identity protection programs. using the Internet.
7. The conclusion of the contract for the provision of Electronic Services takes place via the Store via the Internet. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer’s account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need to submit additional statements of the parties.
8. It is not possible to use the Store anonymously or using a pseudonym.
CHAPTER 3. PERSONAL DATA
1. The personal data provided by the Customers is processed by the Seller in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (Journal of Laws L 119 of 4.5.2016, hereinafter: “the Regulation”). Especially:
1) The Seller ensures that these data are:
a) processed in accordance with the law, fairly and transparently for customers and other data subjects;
b) collected for specific, explicit and legitimate purposes and not further processed in a manner inconsistent with these purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
d) correct and, if necessary, updated;
e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
f) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures,
2) The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed, appropriate to the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons;
3) The Seller provides access to personal data and the use of other rights to Customers and other data subjects, in accordance with applicable law.
2. The basis for the processing of personal data is the consent of the Clients or the occurrence of another prerequisite authorizing the processing of personal data according to the Regulation.
3. The Seller guarantees the implementation of the rights of persons whose personal data are processed on the principles resulting from the relevant provisions, including those persons who are entitled to:
1) the right to withdraw consent to the processing of personal data;
2) the right to information regarding their personal data;
3) the right to control the processing of data, including their supplementation, updating, straightening and deletion;
4) the right to object to processing or to limit processing;
5) the right to lodge a complaint to the supervisory authority and use other legal means to protect one’s rights.
4. A person having access to personal data processes them only on the basis of the Seller’s authorization or a contract for entrusting the processing of personal data and only at the request of the Seller.
5. The Seller ensures that it does not disclose personal data to entities other than those authorized under the applicable law, unless required by European Union law or Polish law.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account.
1. Account registration on the Store’s website is free of charge and requires the following actions: The customer should complete the registration form, providing specific data and submitting statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. A link enabling the verification of the Account will be sent to the Customer’s e-mail address provided by him in the Account registration process. Logging in to the Account consists in entering the login and password set by the Customer. The password is confidential and should not be shared with anyone.
2. The account enables the Customer to enter or modify data, make or check Orders and view the Order history.
3. The Account Electronic Service is provided free of charge for an indefinite period.
4. The Customer may at any time cancel the Account in the Store by sending an appropriate request to the Seller by e-mail to the following e-mail address: [firstname.lastname@example.org] or in writing to the Seller’s address: [ul. Lwowska 31/101, 56-400 Oleśnica].
§ 2. Newsletter
1. The purpose of the Newsletter service is to provide the Customer with the requested information.
2. The use of the Newsletter does not require the Customer to register the Account, but requires the provision of an e-mail address and submission of statements regarding the acceptance of the Regulations, the processing of personal data, and the provision of commercial information.
3. A link confirming the subscription to the Newsletter will be sent to the Customer’s e-mail address.
4. The Newsletter Electronic Service is provided free of charge for an indefinite period.
5. The Customer may resign from the Newsletter at any time by sending an appropriate request to the Seller by e-mail to the following e-mail address: [email@example.com] or in writing to the Seller’s address: [ul. Lwowska 31/101, 56-400 Oleśnica].
§ 3. Opinions
1. The Seller enables the Customers to post individual and subjective statements (opinions, comments) on the Store’s website, in particular regarding the Goods.
2. The service is provided free of charge for an indefinite period of time.
3. Using the service is possible anonymously.
4. The Seller may use the opinion for the purposes of the content posted on the Website.
CHAPTER 5. SALE
§ 1. Goods
1. All Products offered in the Store are new and have no defects. A detailed description of the Goods can be found on the Store’s website.
2. A guarantee or after-sales services may be provided for the Goods. Detailed information in this regard is available from the Seller.
§ 2. Orders and their implementation
1. An order may be placed by completing the Form available in the Store.
2. Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest purchases).
3. The Customer is obliged to carefully fill in the Form, providing all the data in accordance with the facts and specifying the chosen method of payment and delivery.
4. The Customer provides data in the Form and submits statements regarding the acceptance of the Regulations, the processing of personal data, and the provision of commercial information.
5. Orders can be placed in the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed the next business day.
6. Confirmation of placing the Order is made by the Customer by selecting the button (field) marked “order with payment obligation”. The Seller will send the Customer an Order confirmation to the e-mail address provided by the Customer.
7. The order fulfillment time (ie until the date of dispatch of the Goods) is up to 8 weeks.
§ 3. Payments
1. All prices of the Goods in the Store are net prices in Polish zlotys or Euro on the English-language website. The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given at the time of placing the Order by the Customer is binding for both parties.
2. The costs related to the delivery of the Goods (eg transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer’s choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
3. The customer may choose the form of payment – traditional transfer – payment before the shipment of the Goods (prepayment). After placing the Order, the Customer should pay / transfer the amount due to the Store’s bank account. The Order is processed after the Customer’s payment is credited to the Store’s bank account;
4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer, provided that the provisions of generally applicable law require delivery.
5. The customer is obliged to pay within 30 days from the date of the sale agreement, unless the chosen method of payment requires a different deadline. If the Customer fails to make the payment within this period, then – in accordance with Art. 491 § 1 of the Civil Code (Journal of Laws 2017.459, i.e. as amended) – the Seller will set an additional payment deadline for the Customer, after which he will be entitled to withdraw from the contract ineffective. If the Customer declares that the service will not be fulfilled, the Seller may withdraw from the contract without setting an additional date, also before the specified date of performance.
§ 4. Delivery
1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2. The product is delivered by a courier company or by a postal operator as selected by the Customer. A package sent via the postal operator should be delivered within 3 business days from the date of dispatch of the Goods, and via a courier company – within 3 business days from the date of dispatch of the Goods.
3. It is not possible to collect the Goods in person.
4. Along with the Goods, the Seller issues to the Customer all elements of its equipment as well as operating and maintenance manuals and other documents required by the provisions of generally applicable law.
5. The Seller indicates that:
1) upon the release of the Goods to the Customer or the carrier, the benefits and burdens related to the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer. When selling to the Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer upon the release of the Goods to the Consumer. The release of the Goods is considered to be entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
2) acceptance of the shipment with the Goods by the Customer without reservations shall result in the expiry of claims for loss or damage in transport, unless:
a) the damage was confirmed by protocol before accepting the parcel;
b) such a statement was abandoned due to the fault of the carrier;
c) the loss or damage resulted from the willful misconduct or gross negligence of the carrier;
d) the damage that was not noticeable from the outside was stated by the authorized person after accepting the shipment and, within 7 days, requested to determine its condition and proved that the damage occurred between the acceptance of the shipment for transport and its release.
§ 5. Additional information for the consumer
1. The contract is not concluded for an indefinite period and will not be automatically extended.
2. The minimum duration of the Consumer’s obligations under the Agreement is the duration of the Agreement, ie payment and receipt of the Goods.
3. The use of the Store by the Consumer does not require a deposit or other financial guarantees.
4. The Seller is under no obligation and does not apply the code of good practice referred to in Art. 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices (Journal of Laws 2017.2070, i.e. as amended).
CHAPTER 6. RESPONSIBILITY
1. Liability under the warranty is excluded in legal relations with customers.
2. The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty) on the terms set out in the provisions of the Civil Code (Journal of Laws 2017.459, i.e. as amended) and in the Act of May 30, 2014 on consumer rights (Journal of Laws No. .U.2017.683, i.e. as amended), including the following principles:
1) a physical defect consists in the non-compliance of the Goods with the contract. In particular, the Product is inconsistent with the contract if:
a) The goods do not have properties that this type of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
b) The goods do not have properties that the Seller has provided to the Consumer;
c) The goods are not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use;
d) The product has been delivered to the Consumer incomplete.
2) The Goods have a legal defect if the Goods are owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the Goods results from a decision or judgment of a competent authority; in the event of the sale of the right, the Seller is also responsible for the existence of the law;
3) The seller is liable under the warranty for physical defects that existed at the time the danger passed on to the Consumer or resulted from a cause inherent in the Goods at the same time.
4) The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the contract;
5) if a physical defect was found within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time the danger passed on to the Consumer;
6) The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the consumer, and if the Goods purchased by the Consumer are used movables, the Seller is liable under the warranty if the physical defect is found within one year from the date of delivery of the Goods;
7) the Consumer’s rights under the warranty are:
a) request for a reduction in the price of the Goods or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect;
b) The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a product free from defects, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the proposed method. by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed;
8) The consumer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller’s expense to the place indicated in the contract, and if such a place is not specified in the contract – to the place where the item was delivered to him.
CHAPTER 7. PROCEDURE FOR DEALING WITH COMPLAINTS
1. Complaints should be addressed to the Seller in writing by the Customer to the following address: ul. Lwowska 31/101, 56-400 Oleśnica. The customer may use the complaint template available in the Store, but this is not a condition for considering the complaint.
2. If it is found that the shipment with the Goods is damaged, has suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) submit a complaint to the Seller. Such action will allow you to pursue claims against the carrier. This is not a condition for considering the Consumer’s complaint.
3. The complaint should contain a detailed description of the problem and the Client’s request, possibly also photographic documentation.
4. The Seller undertakes to consider the Customer’s complaint within 30 days, and the Consumer’s complaint within 14 days. If the Seller does not respond to the Consumer’s complaint within 14 days, it is considered to be justified.
5. If the complaint is accepted, the Seller will take appropriate action.
6. There is a possibility of using out-of-court methods of dealing with complaints and redress in legal relations with Consumers, including:
1) the possibility of resolving disputes by electronic means via the ODR platform (online dispute resolution), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng= PL;
2) the possibility of conducting amicable proceedings before a common court or other authorities.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Agreement by the Seller or the Customer may take place on the terms specified in the provisions of the Civil Code (Journal of Laws 2017.459, i.e. as amended).
2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
3. Information on the withdrawal from the Agreement by the Consumer is included in the instruction on the right of withdrawal, available on the Store’s website.
4. The right to withdraw from the Agreement is not entitled to the Consumer in relation to certain agreements, i.e .:
1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement;
2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
3) in which the Goods are a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
4) in which the Goods are perishable or have a short use-by date;
5) in which the Goods are delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
6) in which the Goods are items that after delivery, due to their nature, are inseparably connected with other items;
7) in which the Goods are alcoholic beverages, the price of which was agreed upon conclusion of the Agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control;
8) in which the Consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to additional services or items;
9) in which the Goods are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
11) concluded through a public auction;
12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
6. If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The Consumer is obliged to return the Goods with all the equipment, including packaging, provided that it constitutes an essential element of the Goods. The Seller may refrain from reimbursing the payment until receipt of the Goods or until proof of its return is provided to the Seller, whichever occurs first.
8. The Consumer bears only the direct costs of returning the Goods, unless the Seller agreed to bear them or did not inform the Consumer about the necessity to bear these costs.
9. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
10. In the event of effective withdrawal from the Agreement, the Agreement is considered void.
CHAPTER 9. INTELLECTUAL PROPERTY
1. The rights to the Website and the content contained therein belong to the Seller.
2. The website address at which the Store is available, as well as the content of the website www.venko.com.pl are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks etc. are registered trademarks and belong to the Seller, producer or distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from the website www.venko.com.pl without the consent of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
1. In matters not covered by the Regulations, the relevant provisions of generally applicable law shall apply to legal relations with Clients or Consumers.
2. Any deviations from the Regulations shall be made in writing under pain of nullity.
3. The competent court to settle the dispute between the Seller and the Customer will be the competent court according to the seat of the Seller. The court competent to resolve the dispute between the Seller and the Consumer will be the court having jurisdiction according to general rules (the court of the defendant’s place of residence) or any other more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).