Terms of Use of  www.vices.eu Online Store

 

General Provisions

 

§ 1

 

These Terms of Use determine the rules and terms of use of  www.vices.eu Online Store by its Users and rendering of services by the said Store.

 

www.vices.eu Online Store is organized and run by the VICES POLAND SP. Z O.O., ul. Aleja Wyścigowa 6  02-681 Warsaw, Poland, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division under the KRS number 0000478256,, NIP (Tax Identification Number): 5252565224, REGON (National Official Register of Business Entities Number) : 146882975, hereinafter referred to as “the Seller”.

Within www.vices.eu online store the Seller shall conclude the Goods Purchase and Sale Agreements with the Users.

The following terms used in these Terms of Use shall have the following meaning:

Terms of Use – these terms of use, placing orders and concluding Purchase and Sale Agreements by www.vices.eu Online Store;

Online Store – the online store placed on www.vices.eu website and all its related webpages by which the Seller concludes the Goods Purchase and Sale Agreements with the Users;

Goods – products presented on the Online Store;

User – an entrepreneur, a legal person or an organizational unit without legal personality, as well as a customer who concludes Goods Purchase and Sale Agreements within the Online Store and who fulfills the conditions, stipulated herein, of being the Users of the said Store;

Order – the statement of intent of a User that directly leads to the conclusion of the Purchase and Sale Agreement, determining in particular the number and type of Goods;

Purchase and Sale Agreement – goods purchase and sale agreement as read in the Civil Code, concluded by and between the Seller and the User through the Online Store;

Unique Username – a unique sign consisting of letters and/or digits, identifying each individual User in the computer system managing the Online Store which serves also as the e-mail address of each User;

Access Password – a sign consisting of letters and/or digits which combined with a Unique Username allows the User to access and use their account within the Online Store, place orders and conclude Purchase and Sale Agreements;

The Terms of Use shall constitute an integral part of the Agreement and shall be binding upon the User during the period when they use the Online Store.

Having registered in the Online Store, the User shall be deemed accepting the terms stipulated herein, and consequently the wording of the Purchase and Sale Agreement.

These Terms of Use shall be deemed the terms of use referred to in Article 8 of the Act on Rendering of Electronic Services (Journal of Laws No. 144, item 1204 as amended).

All materials made available to the Users through the Online Store as well as its form and content shall be the property of the Seller and shall be protected by virtue of Act of 4th February, 1994 on Copyright and Related Rights (Journal of Laws, consolidated text, No. 90, item 631 as amended).

Conclusion of the Agreement shall not be deemed and shall not constitute the basis for a claim for the Agreement of Transfer of the above-mentioned Copyright, in part or in its entirety,  from the Seller to the User.

The Online Store is a platform for cooperation between companies. Provisions regarding the conclusion of agreements with consumers as well as those regarding consumer sale shall not apply to the functioning of the Store or communication or relationships between the Seller and the Users.

Information provided on the websites of the Online Store regarding the Goods, in particular their description, technical and operational parameters and prices shall constitute an invitation to conclude the Agreement as read in Article 71 of the Civil Code.

 

§ 2

 

The User shall acknowledge that services provided by the Seller within the Online Store are provided via a public computer network – Internet  -  and the use of the said services may  entail the risk of loss, interception or other processing  of the User’s data through the interference of third parties into the transmission of data between the User and the Seller, for which the Seller shall not be liable.

The Users shall be obliged to exercise due diligence in maintaining the confidentiality of the Unique Username and the Access Password. All risks arising from failure to exercise the aforementioned due diligence or arising from allowing access to the Online Store to third parties by sharing with them the Unique Username or Access Password shall rest with the User.

The Seller shall not be liable for any blackouts in power supply or any disruptions in the access to the Internet that would render the access of the User to the Online Store impossible. In addition, the Seller shall not be liable for any disruptions in the access to the Online Store as a result of maintenance, renovation or modernization of information and communication systems under which the Online Store operates.

The Seller shall not be liable for errors in the functioning of the Internet, Internet system or for actions of third parties resulting in errors in the procedure or in the system of placing Orders or determining the prices of Goods.

 

Terms of Providing Services and Use of the Online Store

 

§ 3

 

In order to use the Online Store, the User must meet the following technical requirements::

have an active e-mail account;

have access to a device enabling world wide web browsing;

ensure an active connection of the device referred to in letter b with the Internet;

have the Microsoft operating system – Windows 95 or later versions – properly installed in the device referred to in letter b;

have Internet Explorer web browser – 0 or later versions – or Firefox web browser – 5 or later versions – properly installed in the device referred to in letter b that would enable the display of HTML documents linked on the Internet by web service on the screen of the said device;

have “enable cookies” option switched on in one of the web browsers referred to in letter e;

have “enable JavaScript” option switched on in one of the web browsers referred to in letter e;

have the Adobe Flash Player software – 0 or later versions – properly installed in the device referred to in letter b.

the Seller shall not be liable for any difficulties in using or impossibility to use the Online Store when the User uses other devices than those referred to in Section 1, devices without the software referred to in Section 1 installed or devices operating under other software than the one referred to in Section 1.

In order to use the Online Store properly, the User must meet the following conditions jointly:

open and have at their disposal an active account in the Online Store,

log into their account in the Online Store,

in case of services requiring processing of the User’s personal  data – give their consent to processing of their personal data.

Only the Users who have fulfilled the registration form, and in particular have defined their Unique Username and Access Password and provided the address of an active e-mail account which they use for correspondence in matters regarding the use of the Online Store shall be entitled to have an account in the Online Store. Activation of the User’s account must be confirmed in accordance with instructions sent to the User via e-mail to the e-mail address provided by the User in the registration form.

Following the registration the User shall be granted access to an incomplete offer of the Seller, i.e. without prices and without the possibility to place orders for Goods.

Following the registration by the User, the Seller shall verify the User’s data.

Following the verification and once the Seller has obtained the confirmation of authenticity of data provided by the User, the User shall be granted access to complete offer, including prices and the possibility to place orders.

 

§ 4

 

The Seller shall have the right to revoke the User’s right to use the Online Store or restrict their access to the total or a part of the Online Store’s resources with immediate effect in case when the User is in breach hereof, and in particular in case when the User:

provided, during registration in the Online Store, false, imprecise or outdated data which are misleading or breach the rights of third parties,

has violated through the Online Store the personal rights of other Users of the Online Store,

has behaved in a way the Seller has deemed unlawful and against the applicable law and the general rules of using the Internet or bringing the Seller into disrepute.

The User whose right to use the Online Store has been revoked shall not have the right to register once again without the prior consent of the Seller.

The User shall be particularly obliged to:

use the Online Store without disrupting its operations, in particular by using a specific software and devices,

use the Online Store without disturbing other Customers and the Seller,

use any content of the Online Store for their own personal purposes or for the sake of their business activity only,

use the Online Store in accordance with the provisions of law of the Republic of Poland, provisions hereof and the general rules of using the Internet.

 

Concluding Purchase and Sale Agreements

 

§5

 

In order to conclude a Purchase and Sale Agreement through the Online Store the User must enter the Online Store’s website and select the Goods by taking successive technical actions based on displayed massages and information available on the website.

The User selects the Goods by adding them to the basket.

During placing an order – until the moment when the “Order” button is pushed – the User shall have the right to modify the provided data and change selected Goods.   For this to happen the User must take successive technical actions based on displayed massages and information available on the website.

Once the User using the Online Store has provided all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order shall include:

ordered Goods,

price per unit and the total price of the ordered Goods.

Having accepted the Order, the Users shall choose:

method of payment,

terms of delivery.

For the Order to be sent the Terms of Use must be accepted by the User.

The Order sent by the User shall constitute the statement of intent of a User to conclude the Purchase and Sale Agreement with the Seller, as read herein.

Having placed an Order, the User shall be sent an e-mail message with the final confirmation of all important information regarding the Order.

The Agreement shall be deemed concluded upon reception by the User of the aforementioned e-mail massage.

 

Delivery of Goods

 

§ 6

 

The Goods shall be delivered to the address provided by the User while placing the Order.

The Goods shall be sent within 24 hours after the User has booked the payment of purchase price in accordance with § 7 Section 1.

In case of selection of method of payment stipulated in § 7 Section 3 letter a.) the Goods shall be sent within 24 hours following the reception of the Order by the Seller and once the Seller and the User have negotiated the method of payment.

In case of selection of method of payment stipulated in § 7 Section 3 letter a.) the Seller or the representative of the Seller shall have the right not to hand over the Goods to the User  unless the User has paid the purchase price.   

 

Prices and Payments

 

§7

 

Commodity prices are given in PLN and include all components, with the exception of VAT. VAT together with payment for transportation (charged on international shipments) is administered at the end of the order.

The User shall pay the purchase price via a transfer to the Seller’s bank account.

Having obtained the prior consent of the Seller, the User shall have the right to pay the purchase price in the following way:

cash on delivery (COD),

in cash through the electronic payment system specified by the Seller,

by credit or payment card through the electronic payment system specified by the Seller.

 

 

Guaranties and Complaints

 

§ 8

 

The Seller shall be liable for defects in the Goods and/or nonconformity of the Goods with the Order or Purchase and Sales Agreement in accordance with the rules stipulated in this Section.

The User (the Buyer) is obliged to examine the product within 60 days from the date of receipt for the defect and conformity of the goods with the order and the sales contract. In the event of abandoning this obligation, the User (the Buyer) loses the rights under the warranty and guarantee (Article 563 of the Civil Code).


All complaints shall be investigated within 14 days at the latest following the reception by the Seller of a package with the Goods being the object of complaint.  Within this period the defective Goods shall be replaced by Goods in perfect condition, but if it is impossible to do so (for example the Seller has run out of stocks), the Seller shall return to the purchaser the equivalent of the price of the Goods or shall offer different ones, to be chosen by the User from the Seller’s available stocks.

The cost of package and sending back the returned Goods or the Goods being the object of complaint shall be borne by the User.

The returned Goods must be  protected in order to prevent  further damage – the Seller shall receive the Goods in the same state in which they have been sent back by the User.

The Seller reserves the right not to accept COD.

Processing of complaint by the Seller in the way stipulated in this Section shall satisfy any and all claims of the User related to defects in the Goods or nonconformity of the Goods with the Order or the Purchase and Sale Agreement.

 

Complaints Regarding Rendering Electronic Services


§ 9


The Seller shall undertake to ensure the best operation of the Online Store to the extent which arises from the current level of technical knowledge and shall undertake to remove within a reasonable period of time all abnormalities notified by the Users.

The User shall be obliged to notify the Seller without delay of any and all abnormalities in the functioning of the Online Store’s service.

The User may send to the Seller a written notification of abnormalities related to the functioning of the Online Store to the Seller’s registered office’s address or by mail to the following address: reklamacja@vices.eu

In the complaint document the User shall provide the name of the Company, address for correspondence, the type and date of appearance of an abnormality in the functioning of the Online Store.

The Seller shall undertake to investigate each complaint within 14 days and if it is impossible to meet the deadline, the Seller shall inform the User about the date when the complaint will be investigated.

 

Final Provisions


§ 10


Without prejudice to the provisions of § 8 hereof, the Seller represents that and the User acknowledges that the Seller shall not accept returned Goods. Moreover ordered products that are not paid for, are held by the Seller 4 days from date of order . After this time , the order is automatically canceled.

The Seller acknowledges that the dates and deadlines stipulated herein refer to the Seller’s activities.  The Seller shall not be liable for delays resulting from the actions of other entities or third parties, including suppliers, couriers, post office or banks or delays as a result of force majeure events.

All potential disputes between the Seller and the User shall be settled by the court having jurisdiction over the Seller’s registered office.

To all matters not regulated herein the provisions of the Civil Code as well as other appropriate provisions of the Polish law shall apply.

 

§ 11

The prices presented on vices.eu are without TAX. Customers without an active European TAX number will be charged a 23% tax.