TERMS AND CONDITIONS OF THE ONLINE SHOP
The Seller is VIVITT Sylwia Adamiak with the registered office in Łódź (91-012) at Mahatma Gandhi St. 7/33, with NIP [Tax Identification Number]: PL 7123117683, REGON [National Business Registry Number]: 101769248 The Seller may be contacted via the Customer Service Department:
Monday – Friday: 8:00 a.m. – 4:00 p.m.
at phone numbers: +48 665714890
or at e-mail addresses: firstname.lastname@example.org
The costs of telephone calls are determined by the operators rates. These Terms and Conditions apply to shopping via the Online Shop operated by the Seller at www.sklep.vivitt.pl//en within the scope of the business operations conducted by the Seller, ordering products available in the Online Shop, delivering ordered products to the Customer, supplied digital content, interoperability of operation of online services, payment by the Customer of the sale price of products and other fees, entitlement of the Customer to cancel the Order and terminate an agreement, including limitations to this right arising from Article 38 of the Act on consumer rights, and advising of the legal consequences of terminating an agreement.
We are a company for which the main priority is the benefit of the Customer, that is why we have formulated these Terms and Conditions with the aim to ensure easy and transparent shopping at our Online Shop at the address: www.sklep.vivitt.pl//en.
- Terms and Conditions – these Terms and Conditions. Within the scope of electronic services, these Terms and Conditions constitute regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Polish Journal of Laws of 2002, No. 144, Item 1204, as amended).
- Customer (Buyer) – natural person of at least 13 years of age, on the understanding that in the case of a person of less than 18 years of age, the consent of a legal representative is required, as well as a legal entity or organisational unit without legal personality, which is granted legal capacity under specific regulations, which places an Order or intends to do so, or uses any other services of the Online Shop (including a Consumer).
- Product – goods listed and described on the website of the Online Shop. The Seller shall make every effort to ensure that the offer presented on the website is up-to-date. However, should any of the ordered goods be unavailable, the Seller undertakes to immediately inform the Buyer of the said circumstances by phone or e-mail.
- Sales Agreement – Product sales agreement within the meaning the Civil Code Act, concluded between the Service Provider and the Customer, using means of remote communication (including telephone).
- Online Shop sklep.vivitt.pl//en(Shop, Online Shop) – Internet service accessible at www.sklep.vivitt.pl//en, through which the Customer may buy the Product.
- Party – Seller and Customer.
- Shop Page – each www page or subpage at the address www.sklep.vivitt.pl.
- Order – Customer’s declaration of intent which unambiguously defines the type and quantity of Products, which leads directly to a remote conclusion of a Sales Agreement via the Online Shop.
2 General Terms and Conditions
- To place an Order in the Online Shop, the Customer is required to read and accept the provisions of these Terms and Conditions while ordering.
- The sklep.vivitt.pl/enOnline Shop conducts retail sales via the Internet.
- All products offered in the sklep.vivitt.pl/enOnline Shop are brand new, originally packed, free from physical and legal defects, and have been legally introduced into the Polish market.
- The Seller shall not be liable for incorrect use of the goods and, in particular, for acts or omissions of the Customer using the goods leading to consequences other than those foreseen by the manufacturer.
- Orders are accepted through the website.
- Orders may be placed on the Internet 24 hours a day, 7 days a week throughout the year. Orders placed during public holidays and other days off will be fulfilled on the first working day following the day on which the order was placed.
- An Order is successfully placed if the Customer correctly completes the order form, correctly provides contact details, including a detailed address to which the Product is to be shipped, phone numbers and e-mail address.
- If the details given by the Customer are incomplete, the Seller shall contact the Buyer. If it is not possible to contact the Customer, the Seller is entitled to cancel the Order.
- The Customer expresses consent that an electronic image of settlement documents, in particular, such as VAT invoices with attachments, corrective VAT invoices with attachments and forms, shall be issued and sent to the e-mail address indicated by them. This consent also authorises the Seller to issue and send VAT invoices in electronic form, pursuant to the Ordinance of the Minister of Finance of 17 December 2010 on the submission of invoices in electronic form, the rules governing their storage and making them available to tax or fiscal control authorities.
- After a successful order is placed, an automatic response from the Shop will be sent, confirming the acceptance of the Order.
- The confirmation of the acceptance of the Order sent by the Shop to the e-mail address indicated by the Customer shall be a declaration on the acceptance of the offer referred to above.
- The Customer shall be informed of the status of fulfilment of the Order on an ongoing basis by e-mail and, in the case of registered Customers, via the ‘Account’ tab.
- An Order shall be fulfilled provided that the ordered goods are available. If due to causes beyond the Seller’s control the fulfilment of an Order is not possible, the Seller shall immediately notify the Customer thereof together with the information on the Customer’s rights arising from these circumstances, in particular, on the right to terminate the agreement under consideration.
- In the event the Seller refuses to fulfil the Order which requires an advance payment, the Customer shall receive a full refund of the price pre-paid to the indicated bank account.
4 Prices and Payments
- All prices specified on the websites are gross prices in Euro (and include VAT). The listed prices do not include the shipping costs.
- The price placed nearby each item presented in the Online Shop is binding when the Customer places an order.
- The prices in the Online Shop are non-negotiable.
- The Seller reserves the right to change prices of the Goods offered by the Online Shop, add new products and remove products from the Online Shop, organise sales and cancel them on the web pages of the Online Shop, or to make any changes to them. The aforementioned rights shall not affect the prices of products ordered prior to the implementation of price changes, promotional sale conditions and closeouts.
- Each purchase is accompanied by a fiscal receipt or, upon the Customer’s request, a VAT invoice. The NIP [Tax Identification Number] field in the order form has to be completed in order to issue a VAT invoice.
- The ordered goods may be paid for using the following methods:
- cash on delivery – payment by cash handed to the courier or at the post office when collecting the order.
- by money transfer, after arrangement by e-mail or phone – after the Order is placed, the Customer receives an e-mail with the bank account number. Product is shipped to the Customer after the payment is credited to the bank account of the Seller.
- Additional costs associated with the particular forms of payment are specified in the list of shipping costs.
- In the case of certain Products, the Seller reserves the right to restrict the methods of payment, e.g. by excluding the possibility of payment on delivery or pre-payment.
5 Receipt of Products
- Deliveries are carried out in the territory of the Republic of Poland. Conditions for shipping to foreign countries are arranged with the Customer on an individual basis.
- Courier shipments are insured.
- Prior to the receipt of the shipment from a post office or courier, the Customer shall check the packaging to make sure that it has not been damaged during transport. Special attention should be paid to the condition of seals or tapes pasted on the package. If the packaging has signs of damage or if the seals (tapes) are torn off, the Customer should not accept the consignment and should draw up a damage report in the presence of the courier, and contact the Seller without delay in order to clarify the matter. If irregularities concerning the quantity or quality of the shipment are not declared at the time of receipt, this may have a negative impact on the outcome of the process of handling Customer’s complaints regarding damage to the consignment or theft thereof during transport.
6 Withdrawal from the Agreement
- A Customer who purchases products in the Online Shop and entered into an Agreement at a distance is entitled to terminate the Agreement without giving reasons by submitting a relevant statement in writing within 14 days (14 days). The time limit for withdrawal from the agreement expires after fourteen days (14 days) following the date on which the Customer obtains possession of the Product or following the date on which a third party other than the carrier and indicated by the Customer obtains possession of the Product. To meet the above time limit, the Customer shall simply send a statement prior to its expiry. The model statement on withdrawal from the Agreement is available on the website of the Online Shop. To meet the time limit, the Customer shall simply send a statement prior to its expiry.
- The Customer may withdraw from the Agreement in one of the following ways:
- by sending the withdrawal from the Agreement to the following postal address: VIVITT Sylwia Adamiak with the registered office in Łódź (91-012) at Mahatma Gandhi St. 7/33
- by sending the withdrawal from the Agreement at the e-mail address email@example.com, or
- by sending the withdrawal from the Agreement by fax to fax no. +48 665714890
- The Seller shall send an acknowledgement of receipt of the statement on withdrawal from the Agreement immediately upon the receipt of the statement on withdrawal from the Agreement to the electronic mail address.
- The Seller shall refund the Customer for all payments made by them in full (including the costs of delivery of the goods to the Seller) within fourteen days (14 days) from the receipt of the statement on withdrawal from the Agreement.
- If the Customer chose the method of delivery of the Product other than the cheapest normal method of delivery offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Customer.
- The Seller shall refund the payment using the same method of payment as was used by the Customer unless the Customer expressly agrees to refund them the payments in a different way which does not give rise to any extra costs that would have to be borne by the Customer.
- The Seller may withhold the refund of the payments made by the Customer until the Seller has received the returned Product back or until the Customer has supplied evidence of the Product having been sent back, whichever is the earliest.
- The Customer shall be obliged to return the Product to the Seller, to the address of its registered office, or to return the Product to a person authorised by the Seller to receipt, but not later than within fourteen days (14 days) of the date on which the Customer withdrew from the Agreement. To meet the above time limit, the Customer shall simply send the Product concerned prior to its expiry.
- The costs of the return of a Product shall be borne by the Customer unless the Seller has expressly agreed to incur them.
- The Customer shall be liable for a decrease in the value of the Product resulting from the use of it in a manner that goes beyond what is necessary to establish the nature, characteristics and the functioning of the Product. In the case the aforementioned limits are exceeded (in particular, if the Product sent back will not be fully complete, will be damaged or will bear any marks of usage which indicate that the Product was used for purposes other than testing), the Seller shall be authorised to charge the Customer for the costs arising from the loss of the value of the Product.
7 Complaint Procedure
- Pursuant to the Act of 30 May 2014 on consumer rights (Polish Journal of Laws of 2014, item 827), the Customer shall have statutory warranty rights to lodge a complaint. The Customer shall be entitled to file a complaint under a statutory warranty when the purchased Product has a physical or legal defect, but the Customer was not aware thereof at the moment of conclusion of the Sales Agreement.
- In the case of the non-consumer sale, the provisions on the statutory warranty contained in the Civil Code are excluded.
- The complaints under a statutory warranty may be filed in electronic form, using the Complaint.
- If a sold Product has a defect, the Customer may require the Seller to replace the Product with one which is free of defects or to remedy the defect. The Seller shall be obliged to replace the faulty Product with one which is free of defects or remedy the defect within a reasonable time and without significant inconvenience for the Customer. The Seller may refuse to satisfy the claim of the Customer if it is not possible to achieve consistency of the defective Product with the Sales Agreement in a manner chosen by the Customer or if excessive costs are required in comparison with another possible method for achieving consistency of the Product with the Sales Agreement.
- If the sold Product has a defect, the Customer may also submit a declaration on reduction in price or on withdrawal from the Sales Agreement unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with one which is free of defects or remedies the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with one which is free of defects or to remedy the defects. A reduced price shall be in the same proportion to the price arising from the Sales Agreement as the value of the defective Product is in relation to the value of the Product that is free of defect. The Customer may not withdraw from the Sales Agreement if the defect in question is insignificant.
- In order to streamline and accelerate the complaint handling procedure, the Customer shall include the following information in the Complaint Form:
- the information on the subject of the complaint, particularly the information related to the type and date on which inconsistencies/defects occurred;
- the information on the method of achieving consistency of the Product with the Sales Agreement or the statement on a price reduction or withdrawal from the Sales Agreement;
- the contact details of the person lodging a complaint.
- Under the statutory warranty the Seller shall investigate a complaint within 14 days from the date of its receipt in a correct form. If the Seller does not provide a reply to the claims filed by the Customer within 14 days, this means that the Seller considered the claims to be substantiated.
- In each of these cases, where the satisfaction of the Customer’s claims involves the supply of a new or repaired Product, the costs of the supply shall be borne by the Seller. To send back the purchased Product, the Customer shall enter the purchase price of the Product sent back in the ‘declared value’ field (or equivalent) of the waybill. This amount shall be a declaration of the value of insurance.
- The personal details of the Customer entered when placing an order will be stored in the Seller’s database. This data may be processed by the Seller solely for the purpose of fulfilment of the Customer’s orders.
- The Customers may use the option of storing their data in the system to simplify the process of placing orders in the future. To do so, the Buyer should enter their login and password, which are necessary for accessing their account. A Customer’s login shall be the e-mail address provided by them. The password is a string of characters entered by the Customer. The Customer’s password is not known to the Seller and the Customer is required to keep it in secrecy and protect it from an unauthorised access of third parties.
- VIVITT Sylwia Adamiak.fulfils the role of administrator of personal data.
- The personal data provided is processed by the Seller for the purposes of order fulfilment.
- Each Customer is entitled to modify, amend and remove their personal data.
- Personal data is not made available to other entities for marketing purposes.
- At the moment of registration, the Customer expresses their consent to the processing of their personal data by the Seller for the purposes of order fulfilment under the terms defined in these Terms and Conditions. All the personal data entered by the Customer shall be processed in accordance with the applicable law.
- Personal data is protected under the Act of 29 August 1997 on personal data protection (Journal of Laws No. 133, Item 883) to prevent access by third parties.
- Personal data is stored and kept secure in accordance with the following legal acts:
- Act of 29 August 1997 on personal data protection (consolidated text, Polish Journal of Laws No. 101 of 2002, item 926, as amended);
- Act of 18 July 2002 on the provision of electronic services (Polish Journal of Laws No. 144, item 1204, as amended);
- Ordinance of 29 April 2004 of the Minister of Interior and Administration on the documentation of personal data processing and the technical and organizational conditions which should be fulfilled by devices and computer systems used for the processing personal data (Polish Journal of Laws No. 100, Item 1024).
9 Conditions for the provision of electronic services
- Placing orders through the sklep.vivitt.pl/enwebsite is subject to the condition that the electronic information and communication system that the Customer uses fulfils the following minimum technical requirements:
- with a minimum screen resolution of 1024 x 768 pixels,
- active e-mail address.
- the storage of login credentials of the Customer and other data regarding the Customer,
- the maintenance of a Client session,
- the adaptation of the sklep.vivitt.pl/enwebsite to the needs of the Customers,
- a stable and secure operation of the Online Shop,
- the production of statistics about the frequency of viewing the subpages of sklep.vivitt.pl/en.
- The Customer may always easily change the cookies settings, define the conditions of storing cookies and accessing the Customer’s own device through cookies by customizing the website settings or configuring the service.
- The sklep.vivitt.pl/enwebsite may use the so-called Web beacons to obtain information such as: IP (Internet Protocol) address of a computer on which the website was loaded, Web page URL, page load time, type of browser, and information contained in the cookies for the purpose of evaluation of the effectiveness of our advertisements.
- The Seller shall send the Customers e-mails described in these Terms and Conditions which are considered to be digital content within the meaning of the Act on consumer rights only for the purpose of the proper performance of the Agreement.
10 Final Provisions
- Matters not regulated hereunder shall be governed by the provisions of the Act of 30 May 2014 on consumer rights (Polish Journal of Laws of 2014, item 827, as amended), the Act of 23 April 1964 – Civil Code (Polish Journal of Laws of 1964 No. 16, item 93, as amended).
- The Customer shall be obliged to refrain from any activity which could affect the proper functioning of the Online Shop, including, in particular, any interference with the content of the Online Shop or its technical components, including the provision of the content that is unlawful.
- The Seller shall not be liable for any interference, including any interruptions to the operation of the Online Shop caused by force majeure events, unauthorised acts of third parties or incompatibility of the Online Shop with the Customer’s technical infrastructure.
- All disputes arising out the application of these Terms and Conditions and in connection with the performance of the Agreements concluded between the Seller and the Customer shall be settled by the Court having a jurisdiction under the provisions of the subject-matter and territorial jurisdiction in accordance with the Act of 17 November 1964 – Code of Civil Procedure (Polish Journal of Laws No. 43, item 296, as amended).
- The service provider reserves the right to change the contents of these Terms and Conditions.
- Any amendment to the Terms and Conditions shall enter into force upon publication of the revised Terms and Condition on the Online Shop website unless such publication specifies a different date of entry into force. Orders placed prior to the date of introduction of an amendment to these Terms and Conditions shall be fulfilled on the basis of the provisions in force on the date of placement of the order by the Customer.
- Date of publication of the Terms and Conditions: 28 January 2015.