§ 1. General provisions
1. The owner of Vest-Pol company is Olga Wieczorek-Grzymała, who runs her business activities with a registered office in Hornowek, 12, IX Poprzeczna Street, 05-080 Hornowek, NIP (Tax Identification Number): 526-120-04-04, REGON (Polish Business Registry Number): 140755448, entered into the Register of Business Activities kept by the Head of the Izabelin District under no. 1944, e-mail address: email@example.com, phone number +48 (22) 7340431 or +48 691354065.
2. These regulations determine the terms of concluding remote sales contracts via online store, e-mail or on the phone, terms of performance thereof as well as the rights and obligations of the Seller and Customer.
3. These Regulations can be viewed by the Customer for free on the website in the form which enables downloading, reproduction and recording of these Regulations.
4. All the Goods offered in our store are brand new.
§ 2. Definitions
1. Personal Data Administrator corresponds to the owner of the company (see § 1 item 1)
2. Delivery – corresponds to dispatch by the Seller to the Customer by the agency of the Supplier of the Goods referred to in the Order, which means that the Seller provided the service of releasing the object of the Order and performing the Sales Contract;
3. Supplier – corresponds to a professional carrier, courier or Poczta Polska S.A., with whom the Seller entrusts delivery of the ordered Goods to the Customer;
4. Customer – corresponds to any adult individual with full legal capacity, moral person or organizational unit other than a moral person who places an Order and who is provided with a legal capacity by the legislation in force;
5. Consumer – any individual who does not run any business or professional activities as well as any individual who places an Order which is not related directly with their business or professional activities;
6. Seller – corresponds to the owner of the company referred to in § 1 item 1;
7. Website – www.vest-pol.pl;
8. Goods– correspond to any product of the Seller, presented on the Website for which the Customer can place an Order;
9. Sales Contract – corresponds to a sales contract concluded by the Customer and the Seller by e-mail or on the phone, under the procedure and terms defined herein, completed with the content of the offer and Order which enters in force with no need for a written form as a result of order placement by the Customer;
10. Order – corresponds to placement of an order in the Online Store, approval by the Customer of the Seller’s offer sent by e-mail or presented on the phone within the area of sales of selected Goods presented online according to the provisions hereof;
11. Cookies – temporary text files saved on the User’s computer whenever they use the Store.
§ 3. Order
1. An order placed by the Customer corresponds to acceptance of the Seller’s offer within the meaning of the Civil Code. Such an order means the conclusion of a sales contract whose content results from the accepted offer and which obliges the Seller to perform a defectless service in accordance with these Regulations.
2. In their Order, the Customer provides such data as name and surname, address, phone number and/or e-mail address and in case of entities other than individuals who do not run business activities: company (name), registered office, fixed establishment, TIN number, phone number or e-mail address.
3. In order to process the orders for selected products, it is required to provide product weight or other guidelines. The customer is informed about it during the process of order placement.
4. The Contract is concluded in the Seller’s registered office.
5. The current Seller’s offer can be viewed on the Website and it includes updated prices.
6. The Seller can withdraw or replace the ordered Goods only in agreement with the Customer.
7. The prices of the Goods in the Store can change except for the Goods which have already been ordered.
§ 4. Payments
1. The price specified for each Good becomes applicable at the moment of order placement by the Customer. The price is binding both upon the Customer and the Seller.
2. Should a VAT invoice be issued, the Customer authorizes the Seller to issue the invoice with no need for it to be signed by the recipient.
3. Should a payment be made to a bank account by the Customer being a consumer, the VAT invoice shall be issued upon request.
4. The Customer can select the following payment forms for the ordered Goods:
a. downpayment – bank transfer to the Seller’s following bank accounts:
– payments in PLN no. 52 1140 2017 0000 4102 1308 6518 in mBank S.A.;
– amounts in EUR PL 70 1140 2004 0000 3912 0334 5451 in mBank S.A. SWIFT BREXPLPWMBK;
c. downpayment – urgent transfer via PayU (a commission shall be charged which shall be displayed on the website during selection of the payment method);
d. downpayment – urgent transfer via PayPal (a commission shall be charged which shall be displayed on the website during selection of the payment method).
§ 5. Delivery
1. The ordered Goods are delivered to the Customer by the agency of the Supplier to the „shipping address” provided that such an address was provided while placing an order online.
2. If the Customer detects that the Goods have been damaged or reduced during transport operations, they shall do their best to identify the liability of the Supplier. Pursuant to article 74 section 3 of the Transport Law (Journal of Laws of 2012, item 1173), having received the shipment, not later, however, than within 7 days upon its receipt, the Customer can request from the Supplier to sign a report if they detect a deficit or damage of the shipment which cannot be detected at the receipt.
3. The cost of delivery of the ordered Goods is specified each time an Order is placed by the Customer as those costs are dependent upon the weight and size of the order.
4. Orders shall be processed within the number of dates shown on the website under each item. In case several items has been ordered, with different processing time the longest processing time is valid.
5. The order processing time shall be counted from the time of payment for the order.
6. Order processing involves preparation of the order for shipment to the Buyer. The order shall be considered completed when the order is prepared for shipment.
§ 6. Withdrawal from the sales contract by the customer
1. A Customer who is a consumer can withdraw from the sales contract within 14 days with no need for reasons to be explained. The deadline shall run from the date of conclusion of the contract and whenever it is the Seller’s duty to deliver the goods – from the date of collecting them by the Customer.
2. The Customer cannot withdraw from the remote sales contract:
a. concluded for Goods manufactured according to the Customer’s specification or those which meet their customized expectations,
b. concluded for Goods delivered in sealed packages, which having been opened after delivery.
3. The statement of withdrawal from the contract can be developed according to withdrawal form.
4. To meet the deadline for withdrawal from the sales contract, all that the Customer has to do is to send the statement to the Seller’s address or e-mail: firstname.lastname@example.org, before the expiry of the deadline referred to in item 1.
5. Should the Customer who is a Consumer withdraw from the sales Contract, the Goods should be returned along with the statement of withdrawal from the Contract or immediately after that statement, no later, however, than within 14 days after their withdrawal from the contract.
6. As soon as they have received a compliant statement from the Customer who is also a Consumer, not later, however, than within 14 days, the Seller shall return to the Customer the price of the Goods (including delivery) provided that it has already been paid.
7. The Goods shall be returned at the Customer’s expense. The Seller can refuse to collect the Goods returned at their expense.
§ 7. Responsibility for defects
1. The Seller shall be obliged to provide the Buyer with a product free of defects.
2. The Seller shall be liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).
3. If the product sold has a defect, the Buyer shall have the right to:
1. request the replacement of the product with the product free of defects,
2. request the removal of the defect,
3. submit a price reduction statement,
4. submit a declaration on withdrawal from the agreement
4. If the Buyer finds a defect in the product, the Buyer shall inform the Seller about it and specify his or her claim related to the defect found or submit an appropriate statement.
5. Complaints can be addressed:
• by e-mail: email@example.com,
• in writing to the Seller’s address: Vest-Pol, ul. IX Poprzeczna 12, 05-080 Hornowek.
Claim form can be used, however it is not mandatory.
6. The Customer’s rights under the guarantee are regulated by the Civil Code.
7. The Seller shall inform the Customer about the deadline and procedure of handling their complaint within 14 days upon its lodgement.
§ 9. Out-of-court ways to handle complaints and pursue claims
If you are a consumer, you shall have the opportunity to use out-of-court ways to handle complaints and pursue claims. You shall have the right to apply to the Permanent Consumer Court of Arbitration to resolve the dispute arising from the sales agreement, ask the Provincial Inspector of the Trade Inspection to initiate a mediation procedure for amicable settlement of the dispute between you and us, use the assistance of the poviat (municipal) consumer rights advocate or social organization responsible for consumer protection. More detailed information on out-of-court ways of dealing with complaints and pursing claims can be found at http://www.polubowne.uokik.gov.pl. You can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs who want to settle a dispute regarding contractual obligations arising from the online sales agreement or a service agreement in an amicable manner.
§ 10. Final provisions
1. The Seller is entitled to amend the Regulations, with possible amendments not applicable to the Orders placed before the amendment.
2. All the Orders placed before the date of amendment of the Regulations are fulfilled according to the Regulations applicable on the date of order placement by the Customer.
3. Sales contracts for customers in Poland are concluded in Polish.
4. Sales contracts for foreign customers with deliveries outside of Poland are concluded in English or German.
5. Should any provision hereof be legally deemed invalid or ineffective, the other provisions hereof shall remain valid and effective. The invalid provision shall be replaced by another one which should accomplish in the best possible way the goals of the invalid provision and of the whole Regulations.
6. To any matters unsettled herein shall apply the provisions of the Civil Code, E-services Act of July 18th, 2002 and of the Consumers Rights Act of June 24th, 2014.
7. These Regulations make an integral part of the sales contracts concluded by the Seller with Customers.
8. Possible disputes likely to arise hereunder between the Seller and Customer other than a Consumer shall be resolved by the Parties in an amicable way.
9. These Regulations enter in force on May 25th, 2018.