Online Shop Regulations - shop.vagsystems.com
- These Regulations determine the general terms & conditions, the manner of provision of services electronically and sales conducted through the Online Shop - shop.vagsystems.com. The shop is operated by Rafał Berus running business activity under company name: FHU RABER Rafał Berus, entered in the Central Registration and Information on Business kept by the Minister competent for economy issues, at the address: ul. Kwiatowa 5, 56-513 Międzybórz, Tax Identification Number (NIP): 9111952116, Statistical Number (REGON): 020792853, hereinafter referred to as Seller or Administrator.
- Contact with the Seller shall take place through:
- e-mail address: firstname.lastname@example.org
- telephone number: +48 790 323 185
- contact form available at: http://shop.vagsystems.com/en/contact-us
- These Regulations shall be continuously available on the website: shop.vagsystems.com in a manner allowing for their acquisition, displaying and recording of their content through printing out or saving on a carrier at any time.
- The Seller informs that the use of the services provided electronically may be connected with a threat at the side of every Internet user, consisting in the possibility to introduce harmful software to the ICT system of the Customer as well as acquire and modify their data by non-authorised persons. In order to avoid the risk of occurrence of the threats determined above, the Customer should use proper technical measures that will minimise their occurrence and in particular anti-virus software and firewall.
The terms used herein shall have the following meanings
- Working Days - these are days from Monday to Friday, with exclusion of public holidays;
- Customer - a natural person having full legal capacity, a natural person running business activity, a legal person or an organisational unit not having legal personality that is granted by special provisions with legal capacity, which places an Order within the Online Shop or uses other Services available in the Online Shop;
- Civil Code - the act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Account - a part of the Online Shop assigned to the given Customer, by means of which the Customer may perform specific actions within the Online Shop;
- Consumer - a Customer being a consumer in the meaning of art. 22 of the Civil Code;
- Entrepreneur - a Customer being an entrepreneur in the meaning of art. 43 of the Civil Code;
- Regulations - this document;
- Goods - a product presented in the Online Shop, the description of which is available at each of the presented products;
- Sale Agreement - a goods sale agreement in the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services - services provided by the Seller to the benefit of the Customers electronically in the meaning of provisions of the Act on Electronic Provision of Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act - the consumer rights act of 30 May 2014 (Journal of Laws of 2014, No. 827);
- Act on Electronic Provision of Services - the act on electronic provision of services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended);
- Order - a declaration of will of the Customer aimed directly at conclusion of the Sale Agreement, determining in particular the type and the quantity of the Goods.
III. Online Shop use principles
- Use of the Online Shop shall be possible provided that the ICT system used by the Customer fulfils the following minimum technical requirements:
- a computer or a mobile device with access to the Internet,
- access to e-mail,
- web browser Internet Explorer in version 11 or newer, Firefox in version 28.0 or newer, Chrome in version 32 or newer, Opera in version 12.17 or newer, Safari in version 1.1. or newer,
- Use of the Online Shop shall mean each activity of the Customer that leads to their acquaintance with the contents contained in the Shop.
- The Customer shall be in particular obliged to:
- refrain from delivery and provision of the contents prohibited by legal provisions, e.g. contents promoting violence, being defamatory or infringing personality rights and other rights of third parties,
- use the Online Shop in a manner not disturbing its functioning, in particular through use of specific software or devices,
- refrain from taking such actions as: sending or posting unsolicited commercial information (spam) within the Online Shop,
- use the Online Shop in a manner that is not onerous for other Customers and for the Seller,
- use all contents posted within the Online Shop solely in the scope of own personal use,
- use the Online Shop in a manner that is compliant with the provisions of the law being in force on the territory of the Republic of Poland, with the provisions hereof as well as with the general principles for use of the Internet.
- The Seller shall make it possible to use the free Services, which are provided by the Seller 24 hours a day, 7 days in a week, through the Online Shop.
- The Service of running of the Account in the Online Shop shall be available after completion of registration. Registration shall be performed through completion and acceptance of the registration form available on one of the sites of the Online Shop. The agreement on provision of the service of running of the Account in the Online Shop shall be concluded for indefinite time and shall terminate upon sending of the request to delete the Account by the Customer or upon use of the button: ‘Delete the Account’.
- The Customer has the possibility to receive commercial information from the Seller in the form of messages sent to the e-mail address determined by the Customer (Newsletter service). For this purpose, correct e-mail address should be determined or relevant field should be activated in the registration form or in the Order form. The Customer may recall their consent to sending of commercial information at any time. The agreement on provision of Newsletter service shall be concluded for indefinite time and shall terminate upon sending of the request to delete their e-mail account from Newsletter subscription by the Customer or upon their opting out by means of the link found in the content of the message sent within the Newsletter service.
- The Customer shall have the possibility to send messages to the Seller through the contact form. The agreement on provision of the service consisting in making of an interactive form allowing the Customers for contact with the Seller available shall be concluded for definite time and shall terminate upon provision of the response by the Seller.
- The Customer shall have the possibility to post individual and subjective statements in the Online Shop relating inter alia to the Goods or to the course of the transaction. While adding the statements, the Customer represents that they hold all rights to these contents and in particular the proprietary copyright, related rights and industrial property rights. The agreement on provision of the service consisting in posting of opinions on the Goods in the Online Shop shall be concluded for definite time and shall terminate upon adding of the opinion.
- The statements should be formulated in a transparent and comprehensible way as well as may not violate applicable legal provisions, including third party rights; in particular, they cannot have defamatory nature, infringe personality rights or constitute an unfair competition act. The posted statements shall be disseminated on the websites of the Online Shop.
- Through posting of the statement, the Customer expresses their consent to free use of this statement as well as its publishing by the Seller and making compilations of the works in the meaning of the Copyright and Related Rights Act (Journal of Laws of 1994, No. 24, item 83).
- The Seller shall be entitled to organise occasional competitions and promotions, the terms & conditions of which shall be determined on the websites of the Shop. The promotions in the Online Shop shall not aggregate unless otherwise stipulated by the Regulations of the given promotion.
- In case when the Customer violates the provisions hereof, the Seller, after prior ineffective call for discontinuation or elimination of the violations with setting of a proper time limit, may terminate the service agreement with 14-day notice.
V. Sale Agreement conclusion procedure
- The information on the Goods provided on the website of the Shop, in particular their descriptions, technical and usability parameters as well as prices, shall constitute an invitation to conclusion of the Agreement in the meaning of art. 71 of the Civil Code.
- All Goods available in the Online Shop shall be brand new, free from any physical and legal defects as well as legally launched on the Polish market.
- Possession of an active e-mail account shall be the condition for placement of the Order.
- In case of placement of the Order through the Order form available on the website of the Online Shop, the Order shall be placed with the Seller by the Customer in electronic form and shall constitute an invitation to conclusion of the Sale Agreement for the Goods being the subject of the Order. The offer submitted in electronic form shall bind the Customer if the Seller sends to the e-mail address determined by the Customer confirmation of acceptance of the Order for realisation, which shall constitute a representation of the Seller on acceptance of the offer of the Customer and upon its receipt by the Customer the Sale Agreement shall be concluded.
- Placement of the Order in the Online Shop via the telephone or through sending of an e-mail shall take place on Working Days and within the hours indicated on the website of the Online Shop. For this purpose, the Customer should:
- determine the name of the Goods out of the Goods found on the website of the Shop and their quantity in the content of the e-mail addressed to the Seller,
- indicate the delivery method and the payment form out of the delivery methods and payment forms determined on the website of the Shop,
- give the data that is necessary for realisation of the Order and in particular: name and surname, residence address and e-mail address.
The information on the total value of the Order shall be each time provided by the Seller orally after completion of the entirety of the Order or through an e-mail together with the information that conclusion of the Sale Agreement by the Customer shall entail the obligation to pay for the ordered Goods; as of that moment, the Sale Agreement shall be concluded. In case of a Customer being a Consumer, each time after placement of the Order via the telephone or e-mail the Seller shall send to the Customer confirmation of the terms & conditions of the placed Order, which shall include information relating to:
- description of the subject of the Order,
- unit and total price of the ordered products or services together with taxes, including delivery costs and additional costs (if any),
- manner of contact with the Seller and its register data,
- selected method and time limit for payment,
- selected delivery method,
- delivery time,
- contact data of the Customer,
- the fact that conclusion of the Agreement shall entail the obligation to pay for the placed Order,
- advice on the right to withdraw from the Agreement, together with the template of such withdrawal.
The Agreement shall be concluded upon sending of an e-mail by the Customer being the Consumer (in response to confirmation of the terms & conditions of the Order sent by the Seller) to the e-mail address of the Seller, in which the Customer: accepts the content of the sent Order and consents to its realisation as well as accepts the content of the Regulations and confirm acquaintance with the advice on withdrawal from the Agreement. After conclusion of the Sale Agreement, the Seller shall confirm its terms & conditions to the Customer, sending them to the e-mail address of the Customer or in writing to the address determined by the Customer. At a choice of the Customer, the Seller shall deliver a receipt or a VAT invoice covering the delivered Goods together with the Goods. The Sale Agreement shall be concluded in Polish, English or German, at a choice of the Customer, in the content being compliant herewith
- Delivery of the Goods shall be limited to all European Union countries and shall be realised to the address determined by the Customer in the course of Order placement.
- The Customer may select the following forms of delivery of the ordered Goods:
- via a courier company,
- via a post operator,
- delivery to a parcel locker,
- own transport of the Seller,
- personal collection at the personal collection point of the Seller.
On the websites of the Shop, in the description of the Goods, the Seller shall inform the Customer on the number of Working Days that are needed for realisation of the Order and its delivery as well as on the amount of the charges for delivery of the Goods. The time of delivery and realisation of the Order shall be calculated in Working Days in compliance with point VII sub-point 2. If different realisation times have been stipulated for the Goods covered by the Order, the longest time out of the stipulated ones shall be applicable to the entire Order.
VII. Prices and payment methods
- The prices of the Goods shall be determined in PLN or EUR at a choice of the Customer and shall include all components, including VAT and other charges.
- The Customer may select the following payment methods:
- bank transfer to the bank account of the Seller (in this case, realisation of the Order shall be commenced after the Seller sends the confirmation of acceptance of the Order to the Customer while the shipment shall be made immediately after inflow of the means to the bank account of the Seller and completion of the Order);
- cash upon personal collection - payment at the personal collection point of the Seller (in this case, realisation of the Order shall be commenced after the Seller sends the confirmation of acceptance of the Order to the Customer while the Goods shall be handed over at the personal collection point of the Seller);
- cash on delivery, payment to the supplier upon performance of the delivery (in this case, realisation of the Order and its shipment shall be commenced after the Seller sends the confirmation of acceptance of the Order to the Customer and after completion of the Order);
- electronic payment (in this case, realisation of the Order shall be commenced after the Seller sends the confirmation of acceptance of the Order to the Customer and after the Seller receives information from the settlement agent system on making of the payment by the Customer while the shipment shall be made immediately after completion of the Order).
The Seller shall inform the Customer on the websites of the Shop on the time limit, within which they shall be obliged to make the payment for the Order. In case of a failure of the Customer to make the payment within the time limit specified in the preceding sentence, after prior ineffective call for discontinuation or elimination of the violations with setting of a proper time limit the Seller may withdraw from the Agreement on the basis of art. 491 of the Civil Code.
VIII. Collection of worn electric or electronic equipment
- The Seller shall collect the electric or electronic equipment coming from households from the Customer, free of charge, if the worn equipment is of the same type and was performing the same functions as the equipment purchased in the Online Shop.
- The Seller shall provide information on the worn electric or electronic equipment collection points on the websites of the Online Shop
IX. Right to withdraw from the Agreement
- A Customer being a Consumer may withdraw from the Agreement without determination of the reason through submission of a relevant representation within 14 days. It shall be sufficient to send the representation before expiry of this time limit in order to observe it.
- The Customer may formulate the representation on their own or may use the template of the representation on withdrawal from the Agreement which constitutes Appendix 1 hereto.
- The 14-day time limit shall be calculated from the day, on which the Goods were delivered or - in case of a Service Agreement - from the date of its conclusion.
- Upon receipt of the representation on withdrawal from the Agreement by the Consumer, the Seller shall send confirmation of receipt of the representation on withdrawal from the Agreement to the e-mail address of the Consumer.
- The right to withdraw from the Agreement by the Consumer shall be excluded in case of:
- provision of services if the Seller has performed the service in its entirety upon express consent of the Consumer who was informed before commencement of the performance of the service that after performance of the service by the Seller they would lose the right to withdraw from the Agreement;
- Agreement, in which the price or remuneration depend on the fluctuations on the financial market, over which the Seller has no control and which may occur before expiry of the time limit for withdrawal from the Agreement;
- Agreement, in which the subject are non-prefabricated Goods manufactured according to specification of the Consumer or used for satisfaction of their individualised needs;
- Agreement, in which the subject are Goods that are perishable or have short best-before date;
- Agreement, in which the subject are Goods delivered in sealed packaging, which after opening of the packaging may not be returned due to health protection or for hygienic reasons, if the packaging has been opened after the delivery;
- Agreement, in which the subject are Products that after their delivery - due to their nature - become inseparably connected with other objects;
- Agreement, in which the Consumer has expressly demanded the Seller to visit them in order to perform urgent repair or maintenance; if the Seller additionally provides other services than the ones, the performance of which has been demanded by the Consumer, or delivers other Goods than the spare parts being necessary for performance of the repair of maintenance, the right to withdraw from the Agreement shall be vested to the Consumer in relation to additional services or Goods;
- Agreement on delivery of digital contents which are not recorded on a material carrier if performance has commenced upon express consent of the Consumer before expiry of the time limit for withdrawal from the Agreement and after informing them by the Seller on the loss of the right to withdraw from the Agreement.
In case of withdrawal from a distance Agreement, the Agreement shall be considered as non-concluded. The elements performed or delivered by the parties shall be subject to returning in non-changed condition unless such change has been necessary in order to ascertain the nature, features and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller. The Seller shall return to the Customer all payments made by them, including the costs of delivery of the Goods, immediately, yet not later than within 14 days from the date of receipt of the representation of the Consumer on withdrawal from the Agreement. The Seller shall return the payment with the use of the same payment method as has been used by the Consumer unless the Consumer consents to another manner of the return, while this manner shall not be connected with any cost for the Consumer. The Seller may suspend the return of the payments received from the Customer by the time of receiving of the object back or delivery of the proofs for sending them back from the Customer, depending on which happens first, unless the Seller has proposed that it will collect the object from the Customer itself. If the Consumer has selected another method of delivery of the Goods than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Customer for the additional costs incurred by them. The Customer shall bear only the direct cost of the return of the Goods unless the Seller has consented to incurring of this cost.
X. Complaints about the Goods under the statutory warranty
- The Seller undertakes to deliver the Goods free from defects.
- The Seller shall be liable towards the Customer being the Consumer on account of the statutory warranty for defects according to the terms & conditions determined in art. 556 - 576 of the Civil Code. In relation to the Customers being Entrepreneurs, the statutory warranty shall be excluded.
- The complaints resulting from legally guaranteed rights of the Customer or based on these Regulations shall be addressed to FHU RABER Rafał Berus, ul. Kętrzyńska 27, 51-413 Wrocław, to the e-mail address: email@example.com, to the telephone number: +48 790 323 185 or with the use of the contact form.
- For the purposes of examination of the complaint, the Customer should send or deliver the Goods being the subject of the complaint, attaching the proof of purchase thereto. The Goods should be delivered or sent to the address indicated in point 3.
- The Seller undertakes to examine every complaint within 14 days.
- In case of missing elements in the complaint, the Seller shall call the Customer for its supplementation in the necessary scope immediately, yet not later than within 7 days from the date of receipt of the call by the Customer.
XI. Complaints in the field of electronic service provision
- The Customer may lodge complaints to the Seller in connection with functioning of the Shop and use of the Services. The complaints may be lodged in writing to the address: FHU RABER Rafał Berus, ul. Kętrzyńska 27, 51-413 Wrocław, to the e-mail address: firstname.lastname@example.org, to the telephone number: +48 790 323 185 or with the use of the contact form.
- In the complaint, the Customer should determine their name and surname, correspondence address, type and description of the occurring problem.
- The Seller undertakes to examine every complaint within 14 days and in case when it is not possible - to inform the Customer within this period when the complaint will be examined. In case of missing elements in the complaint, the Seller shall call the Customer for its supplementation in the necessary scope 7 days from the date of receipt of the call by the Customer
- The Goods may have a guarantee of the manufacturer, Seller or importer.
- In case of Goods covered with a guarantee, the information relating to existence and content of the guarantee as well as the time, for which it has been granted, shall be each time presented in the description of the Goods on the websites of the Shop
XIII. Out-of-court manners of settlement of complaints and pursuing of claims
- The Customer being the Consumer shall have inter alia the following possibilities of use of the out-of-court manners of settlement of complaints and pursuing of claims:
- they shall be entitled to apply to the Permanent Consumer Arbitration Court operating at the Trade Inspection for settlement of a dispute resulting from the concluded Sale Agreement;
- they shall be entitled to apply to the Voivodeship Inspector of the Trade Inspection for institution of mediation proceedings relating to amicable settlement of the dispute between the Customer and the Seller;
- they may obtain free assistance relating to settlement of the dispute between the Customer and the Seller, using also the free assistance of the poviat (municipal) Consumer Ombudsman or a social organisation, the statutory tasks of which include protection of Consumers (inter alia Consumer Federation, Association of Polish Consumers). The advice is provided by the Consumer Federation on free consumer infoline number 800 007 707 and by the Association of Polish Consumers - on e-mail address: email@example.com;
- they may lodge their complaint through the Union Internet platform, ODR, available at: http://ec.europa.eu/consumers/odr/.
XV. Final provisions
- All rights to the Online Shop, including proprietary copyright and intellectual property rights to its name, domain name, website, Online Shop as well as to forms and logos shall be owned by the Seller and use of them may take place solely in the specific manner being compliant herewith.
- Settlement of the potential disputes occurring between the Seller and the Customer being the Consumer shall be subjected to courts having jurisdiction in compliance with relevant provisions of the Code of Civil Procedure.
- Settlement of the potential disputes occurring between the Seller and the Customer being the Entrepreneur shall be subjected to the court having jurisdiction over the premises of the Seller.
- Provisions of the Civil Code, provisions of the Act on Electronic Provision of Services, provisions of the Consumer Rights Act as well as other relevant provisions of the Polish law shall be applicable to the issues not governed herein.
- Every Customer shall be informed on any amendments hereof through the information on the home page of the Online Shop containing the list of amendments and the date of their entry into force. The Customers having an Account shall be additionally informed on the amendments together with their list to the e-mail address indicated by them. The date of entry of the amendments into force shall not be sooner than 14 days from the date of their announcement. In case when the Customer having the Customer Account does not accept the new content of the Regulations, they shall be obliged to notify the Supplier thereof within 14 days from the date of the information on the amendment of the Regulations. Notification of the Seller of lack of acceptance of the new content of the Regulations shall result in termination of the Agreement
This part of the Regulations determines the principles for processing and protection of the personal data provided by the Users in connection with the use of the Online Shop.
- Caring about the safety of the data entrusted to us, we have developed the internal procedures and recommendations that are to prevent provision of the data to non-authorised persons. We control their execution and we continuously check their compliance with relevant legal acts - the Personal Data Protection Act, the Act on Electronic Provision of Services as well as secondary legislation and acts of the community law.
- The Personal Data shall be processed on the basis of the consent expressed by the User and in the cases, in which the legal provisions authorise the Administrator to process the personal data on the basis of legal provisions or for the purposes of realisation of an agreement concluded between the parties.
- The Online Shop shall realise the functions of acquisition of information on the Users and their behaviour in the following manner:
- through the information entered voluntarily in the forms,
- through collection of cookies [see ‘Cookies Policy’].
XVII. Cookies Policy
- The Online Shop shall not collect any information in an automatic way, apart from the data in cookies.
- Cookies are small IT data, which are stored at the side of the Customer and which are used for convenient use of the Online Shop.
- The cookies usually consist of:
- Website name,
- Their validity time (date),
- Identification number,
- Less frequently - additional text information.
- To build statistics in order to optimise navigation in the Online Shop as well as to make other improvements on the basis of the analysis of the use of the Online Shop,
- To maintain the session of the User; after logging in, it helps to identify the authenticated Customer, so that they do not have to enter the logging data after every reloading of the site, and the non-logged User in order to verify whether they have been interested in the services offered by the Online Shop,
- To adjust the content of the Online Shop to the preferences of the Customer and to optimise the use of the Online Shop,
- To recognise the device of the User and to display the content adjusted to their needs as well as to prevent displaying of the same information again.
The Online Shop shall use two types of cookies distinguished according to the time of their life:
- Session cookies – the temporary ones, stored to the time of logging out, leaving of the site or switching off of the web browser,
- Persistent cookies – the ones stored to the time of expiry of their validity or to the time of their deletion by the User.
Breakdown of cookies by functionality:
- cookies allowing for use of the services available within the Online Shop,
- cookies allowing for collection of the information on the manner of the use of the websites of the Online Shop,
- cookies allowing for saving of the selected preferences of the User in the Online Shop,
- cookies allowing for provision of the Users with the advertising content being more adjusted to their interests,
- cookies allowing for identification of the User (e.g. whether they are logged in the system),
- cookies allowing for collection of the statistics whether the User has been visiting the Online Shop before.
A frequent default setting of the web browser is enabling of the use (storage) of cookies at the side of the Customer. Each User of the Online Shop may at any time change their settings in the web browsing software used by them. In particular, they may completely disable cookies as well as use the option of each-time asking about the consent to recording/reading of cookies. More information on the possibilities and manners of handling of cookies should be searched for in the settings of the possessed software. Please find below the links to the description of the settings of the most frequently used web browsing software:
XVIII. Documents for downloading
- Goods Complaint Form
- Service Provision Complaint Form
- Sale Agreement Withdrawal Form
- Service Agreement Withdrawal Form