Terms and conditions of the online store – VEST-POL

Welcome!

Below you can find the terms and conditions of the VEST-POL online store. These terms and conditions include information about the ways of placing orders and conclusion of a sales contract, delivery and payment methods available at the store, as well as the contract withdrawal procedure and the complaint procedure.

This store belongs to Olga Wieczorek-Grzymała who runs a business activity under name VEST-POL Olga Wieczorek-Grzymala, with its registered seat in Hornowek, IX Poprzeczna 12, 05-080 Hornówek, Poland; NIP: 526-120-04-04, REGON: 140755448, e-mail: biuro@vest-pol.pl, telephone: 0048 691 35 40 65.

§ 1
Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

1. 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;
2. 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;
3. 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;
4. Seller – Olga Wieczorek-Grzymała running a business activity under name VEST-POL Olga Wieczorek-Grzymała, with its registered seat in Hornówek, IX Poprzeczna 12, NIP: 526-120-04-04, REGON: 140755448.
5. Website / Store – website: www.vest-pol.pl;
6. Goods– correspond to any product of the Seller, presented on the Website for which the Customer can place an Order;
7. Terms and conditions – these terms and conditions available at https://www.vest-pol.pl/en/terms-conditions/

§ 2
General provisions

1. The Seller provides retail sales at the store and services to Customers electronically. At the store, the Customer may purchase products found on the website of the Store.
2. These Terms and Conditions define the terms and conditions of using the Store and the rights and obligations of the Seller and Customers and is made available to Customers free of charge via the Website in a form that allows the capture, reproduction and recording of these Terms and Conditions.
3. In order to use the Store and, in particular, to make a purchase at the Store, the Customer’s computer or other device does not need to meet specific technical conditions. You just need:

  • access to the Internet,
  • standard operating system,
  • standard website browser,
  • active e-mail address.

4. The Customer cannot purchase at the Store anonymously or under a pseudonym.
5. It is forbidden to use the Store to provide unlawful content, in particular by sending such content via the forms available at the Store.
6. All the Products offered at the store are brand new and all the prices of the Products given on the Store’s website are gross prices, i.e. VAT included.

§ 3
Services provided online

1. The Seller provides services to Customers at the Store electronically.
2. The basic service provided electronically to the Customer by the Seller is the possibility of placing order at the Store by the Customer. An order can be placed without the need to create an account at the store.
3. If the Customer decides to set up an account at the Store, the Seller shall also provide the Customer with an electronic service of setting up and maintaining an account at the Store. The account shall store the Customer’s data and the history of orders placed by the Customer at the Store. The Customer shall log into the Account using his or her e-mail address and the password set.
4. Setting up an account at the Store shall be possible only when placing an Order and shall be made available by selecting “Do you want to create an account?”. This option makes it possible to send the registration form using an automatic mechanism of the Store. When the registration form is sent, a contract for keeping the account at the Shop shall be concluded between the Customer and the Seller. The contract shall be concluded for an indefinite period of time. The Customer shall have the right to terminate the contract with immediate effect at any time by deleting the account.
5. Services shall be provided electronically to the Customer free of charge. However, sales contracts concluded via the Store shall be subject to payment.
6. In order to ensure the Customer’s safety and data transmission in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
7. The Seller shall take actions to ensure that the Store operates properly. The Customer should inform the Seller about any irregularities or interruptions in the operation of the Store.
8. All complaints related to the operation of the Store shall be submitted by the Customer via email to the email address biuro@vest-pol.pl. In the complaint, the Customer should provide the name and surname, correspondence address, as well as the type and date of occurrence of the irregularities related to the operation of the Store. The Seller shall consider any complaints within 14 days of receipt of the complaint and inform the Customer about the final decision by sending information to the e-mail address of the complainant.

 

§ 4
Order placement

1. In order to place an order, the Customer shall be obliged to take the following actions:

  • choose the product or products to be ordered by clicking the “Add to basket” button,
  • click the “Go to checkout” button in the basket window,
  • fill out the order form by providing the data necessary to fulfill the order and choosing the method of payment for the order,
  • for the purpose of fulfilling the orders for selected products, it is required to provide the product weight or other information which the Customer shall be informed about during the order process,
  • read the Terms and Conditions and privacy policy and accept the content of these documents – acceptance is voluntary but necessary to place orders,
  • finalize the order by clicking the appropriate button.

2. After clicking the button finalizing the order, the Customer shall be redirected to the financial agent’s transaction website to make payment for the order. After making the payment, the Customer shall be redirected back to the Store’s website with an order confirmation. At this moment, a sales contract for the products covered by the order shall be considered to be concluded between the Customer and the Seller.
3. After placing an order by the Customer in accordance with the procedure described above, the order confirmation shall be sent to the Customer’s e-mail address.
4. The contract concluded between the Seller and the Customer shall be subject to Polish law but only to the extent that it does not deprive the Consumers of their rights resulting from the obligatory provisions of the law of the country of their habitual residence.
5. The Customer must provide true personal data in the order form.
6. The Customer shall declare that all the data provided by him or her in the order form is true, and the Seller shall not be obliged to verify the accuracy and correctness of the data.
7. The prices of the Products available in the Store’s offer may be subject to changes, with the provision that changes in the prices of the Products may not concern Orders that have already been placed.

§ 5
Payment

1. The price of each Product shall be binding for both the Customer and the Seller since the time of placement of the Order.
2. In the case of issuing a VAT invoice, the Customer shall authorize the Seller to issue a VAT invoice without the recipient’s signature.
3. If the Customer who is a Consumer makes a payment to the bank account, the VAT invoice shall be issued only at his or her request, subject to the terms set out in the Act on Value Added Tax.
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; b. cash on delivery (payable to the Supplier) – on the day of delivery (the payment method is only valid for deliveries in Poland);
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).

§ 6
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 payment of the goods and the formalities in connection with the processing of cash on delivery take place at the place of receipt of the ordered goods. These formalities are done and picked up by an employee of the supplier.
4. The cost of delivery can be found on our website and can be read at https://www.vest-pol.pl/en/shipping-costs/
5. Orders shall be fulfilled at the time appropriate for the selected Products. Each product on the website shall be accompanied with information about the time of order fulfillment. When it comes to placement of orders for several items with different delivery dates, the deadline shall be the longest delivery date.
6. The order processing time shall be counted from the time of payment for the order. unless the Customer chose payment on delivery. In such a situation the time of order processing shall be counted from the time of conclusion of the agreement.
7. Order processing involves preparation of the order for shipment to the Customer, or preparation for personal pickup by the Customer. The order shall be considered completed when the order is prepared for shipment, or ready for personal pickup by the Customer.
8. The customer has the opportunity to pick up the ordered goods personally. The personal collection of the ordered goods is possible after confirmation of the order fulfillment by the Seller. The goods can be picked up at the seller’s premises, after prior agreement on the pick-up date and payment of one of the forms described in § 5.

§ 7
Withdrawal from the 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. in which the object of the service is an item delivered in a sealed package, which, after opening of the packaging, cannot be returned due to health protection or for hygiene reasons, if the packaging was opened after delivery;
3. The statement of withdrawal from the contract can be developed according to withdrawal form, however it is not mandatory.
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: biuro@vest-pol.pl, before the expiry of the deadline referred to in item.
5. The Seller shall be obliged to immediately, but no 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 the payments made by him or her, including the cost of delivery of the products. The entrepreneur shall return the payment using the same method of payment as the method used by the Consumer, unless the Consumer has expressly agreed to a different method of return of the payment, however, that method cannot expose him or her to any costs. If the entrepreneur has not offered to pick up the item from the Consumer itself, the entrepreneur may withhold the return of the payments received from the Consumer until the time the entrepreneur receives the products back or the Consumer provides a proof of sending back the products, whichever happens first.
6. The Customer shall bear the direct cost of return.
7. The Customer shall be responsible for the decrease in the value of the product as a result of using the products in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.

§ 8
Liability for defects

1. The Seller shall be obliged to provide the Customer with a product free of defects.
2. The Seller shall be liable to the Seller if the product sold has a physical or legal defect (warranty for defects).
3. The details on the liability issues for defects should be searched for in the regulations regarding liabilities in a given country. For this purpose, you can use the following website: https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/germany/index_en.htm
4. If the Customer finds a defect in the product, the Customer 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: biuro@vest-pol.pl,
• in writing to the Seller’s address: Vest-Pol, ul. IX Poprzeczna 12, 05-080 Hornowek, Poland.
6. Claim form can be used, however it is not mandatory.
7. The Seller shall undertake to inform the Customer about the date and manner of considering the complaint within 14 days from the date of its submission by means of the communication method used to submit the complaint.

§ 9
Personal data and cookies

1. The Seller is the Administrator of the Customer’s personal data.
2. The Customer’s personal data shall be processed in order to fulfill the order and possible defense, investigation or settlement of claims related to sales contracts concluded via the Store.
3. Details regarding the processing of personal data and the use of cookies can be found in the Privacy Policy.

§ 10
Out-of-court ways of pursuing claims

1. The Consumer shall have the opportunity to use out-of-court methods of considering complaints and pursuing claims. The available methods depend on the country in which the Consumer has a habitual residence. The consumer can find information on this issue on the website of the competent authority dealing with issues related to the protection of consumers’ interests.
2. The Consumer 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.

§ 11
Final provisions

1. The Seller reserves the right to introduce and cancel offers and promotions and to change the prices of products at the Store, without prejudice to the rights acquired by the Customer, including in particular the terms and conditions of the contracts concluded before making the change.
2. The Seller shall have the right to change these Terms and Regulations. Any amendments to these Terms and Regulations do not apply to Orders placed before the amendment of these Terms and Regulations. All Orders placed before the amendment of these Terms and Regulations shall be fulfilled on the basis of the Terms and Regulations which were in force on the date of placing the Order by the Customer.
3. All disputes related to the Store and contracts concluded via the Store shall be considered by the Polish common court competent for the Seller’s permanent place of business activity. This provision does not apply to Consumers whose relevance and jurisdiction of the court are considered based on general terms.
4. These Terms and Regulations have been drawn up on the basis of Polish law, but this does not deprive the Consumers of the possibility to use the rights resulting from the regulations in force in the country of their habitual residence.
5. These Terms and Regulations come into force as of 28 December 2018.