1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING THE SALE AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINT
7. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS
8. RIGHT OF WITHDRAWAL
9. RIGHT OF RETURN
10. PROVISIONS CONCERNING ENTREPRENEURS
11. FINAL PROVISIONS
12. MODEL WITHDRAWAL FORM
13. TERMS AND CONDITIONS FOR TWISTO DEFERRED PAYMENT PURCHASES
The online store www.vapefully.com cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Provisions of contracts less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
1. GENERAL PROVISIONS
1.1 The online shop available at the Internet address www.vapefully.com is operated by High Experts sp. z o.o., at ul. Ratajczaka 23/6, 61-814 in Poznań. REGON: 381332770, NIP: PL7831788419
KRS: 0000749439. e-mail address: [email protected] and contact telephone number: 61 625 54 20
1.2 These Regulations are addressed both to consumers and businesses using the Online Shop, unless a particular provision of the Regulations states otherwise.
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, interactive form available in the Online Shop enabling the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the manner of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.4.A. RETAIL CUSTOMER – Customer without access to the wholesale panel (B2B) with valid wholesale price lists
1.4.4.B- WHOLESALE CUSTOMER – Customer having access to the wholesale panel (B2B) with valid wholesale price lists
1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.
1.4.8. PRODUCT – a movable item available at the Internet Shop, which is the subject of a Sales Agreement between
Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Internet Shop.
1.4.10. INTERNET SHOP – the Service Provider’s online shop available at the following web address: www.vapefully.com
1.4.11. SELLER; SERVICE PROVIDER – the online shop is operated by High Experts sp. z o.o., at ul. Ratajczaka 23/6, 61-814 in Poznań. REGON: 381332770, NIP: PL7831788419
KRS: 0000749439. e-mail address: [email protected] and contact telephone number: 61 625 54 20
1.4.12. SALE AGREEMENT – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Shop.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Internet Shop.
1.4.14. SERVICE PROVIDER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended)
1.4.16. ORDER – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available on the Internet Shop: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is possible after completing two consecutive steps by the Customer – (1) filling in the Registration Form, (2) clicking the field “Register”. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient data: e-mail address and password.
184.108.40.206 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the address: [email protected]
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “I buy and pay” box on the Online Shop website after completing the Order Form. – up to this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
220.127.116.11 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Newsletter – the Newsletter is available after providing in the “Newsletter” section visible on the Online Shop website the e-mail address to which subsequent editions of the Newsletter are to be sent and first name and clicking the “Sign up!” field. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up an Account – upon setting up the Account the Customer shall be subscribed to the Newsletter.
18.104.22.168 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular by email to the following address: [email protected]
2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
2.4 Complaint Procedure for Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit, for example:
2.4.2. in electronic form via e-mail to the address: [email protected]
2.4.3. it is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.4 The Service Provider shall respond to the complaint immediately, but no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING THE SALE AGREEMENT
3.1 The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has placed an Order by means of the Order Form in the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.
3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. The
Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established – about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing the will by the Customer to be bound by the Sales Agreement.
3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form.
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order at the Online Shop in accordance with point 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.
3.3.2. Discount codes available at www.vapefully.com/pl are not valid when placing an order for a product or products at a promotional price at the time of placing the order. Information on a possible valid promotion can be found on the product card.
3.3.3. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for processing. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller’s statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above-mentioned e-mail, the Sales Agreement between the Customer and the Seller is concluded.
3.4 The recording, securing and making the content of the concluded Sales Agreement available to the Customer is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Internet Shop.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
4.1.1 Payment by cash on delivery upon collection of the consignment.
4.1.2. Payment by bank transfer to the Seller’s bank account. 4
.1.3. Electronic and credit card payments via PayPal.com, Paymento.pl and iMoje – the possible current payment methods are specified on the website of the Internet Shop in the information tab concerning payment methods and on the website https://www.paypal.com/pl, http://paymento.pl/.
Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice via PayPal.com or Paymento.pl or through an external payment system imoje. The handling of electronic payments and payment cards is carried out by:
22.214.171.124.1. PayPal.com – the company PayPal (Europe) S.a r.l. & amp;amp; Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
126.96.36.199.2. Paymento.pl – the company Paymento S.A. with its registered office in Tychy (address: ul. Szkolna 43, 43-100 Tychy), entered in the Register of Entrepreneurs of the National Court Register under the number: 0000421935, registration files kept by the District Court of Katowice – Wschód in Katowice, 8th Commercial Department of the National Court Register, share capital in the amount of 203.000 PLN, NIP: 6342807306, REGON: 242839778.
188.8.131.52.3 iMoje – operated by ING Bank Śląski S. A. company, ul. Sokolska 34, 40-686 Katowice, entered in the Register of Entrepreneurs in the District Court of Katowice – Wschód, 8th Commercial Division of the National Court Register under KRS no. 0000005459, share capital of PLN 130,100,000.00 paid in full, NIP: 634-013-54-75, REGON: 271514909.
4.2 Payment Term:
4.2.1 If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer shall be obliged to make payment within 7 calendar days of the conclusion of the Sales Contract.
4.2.2. In case the Customer chooses cash on delivery payment, the Customer shall be obliged to make the payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the process of submitting the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.2 The Seller makes available to the Customer the following methods of delivery or collection of the Product:
5.2.2. Courier delivery, COD courier delivery.
5.3 The Product shall be delivered to the Customer within 5 Business Days, unless a shorter period is indicated in the Product description or during the Order placement process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 5 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:
5.3.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or clearing account is credited.
5.3.2. If the Customer chooses cash on delivery payment method – from the date of the conclusion of the Sales Agreement.
6. PRODUCT COMPLAINT
6.1 The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2 The Seller is obliged to provide the Customer with the Product without defects.
6.3 A complaint may be submitted by the Customer, for example:
6.3.1. in electronic form via e-mail to: [email protected] ;
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising his/her rights under the warranty, requested replacement of the item or removal of the defect or made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the request is justified.
6.6 The Customer who exercises the warranty rights may return the product after contacting the Customer Service Department, which will provide the Customer with the shipping address for the returned product.
6.7 In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
7. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS
7.1 Detailed information on the possibility for the Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at:
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
7.3 The consumer has the following exemplary possibilities of using out-of-court ways of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the
Seller’s place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by e-mail at [email protected] and at the consumer helpline number 801 440 220 (the helpline is open on business days, from 8:00 a.m. to 6:00 p.m., call charge as per operator’s tariff).
7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online
sales or service contract (for more information, see the website of the platform itself or the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
8.1. The consumer and the person referred to in Art. 38a of the Consumer Rights Act (natural person concluding an agreement directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity)- hereinafter collectively referred to as the “Consumer”, , who concluded the agreement remotely, may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point. 8.8 of the Regulations.
8.2. To meet the deadline it is sufficient to send the statement to the Seller before its expiry . The declaration of withdrawal may be submitted :
8.2.1.in electronic form via email to: [email protected];
8.2.2.in paper form via the postal operator to the Seller’s registered office address;
8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in point. 11 of the Regulations. The consumer may use the sample form, but it is not obligatory.
8.4. The period for withdrawal shall begin:
8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the Customer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products which are delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from the taking possession of the first Product;
8.4.2,for other contracts, from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6.The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.
8.7. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to return the Product before the deadline. The Consumer may return the Product after contacting the Customer Service Department, which will provide them with the shipping address for the returned Product.
8.8. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.9.Possible costs associated with the consumer’s withdrawal from the contract that the consumer is obliged to bear:
8.9 .1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.9 .2. The consumer shall bear the direct costs of returning the Product.
8.9 .3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance rendered.
8.10 The consumer has no right of withdrawal from a distance contract in respect of contracts:
8.10 .1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller’s performance, he will lose his right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.
8.10 The provisions contained in this clause 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for agreements concluded from that date also to the Customer or the Customer who is a natural person concluding an agreement directly related to his/her business activity, if it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. RIGHT OF RETURN
9.1. The Customer who is a consumer and the persons referred to in Article 38a of the Consumer Rights Act, notwithstanding the statutory right of withdrawal referred to in Section 8 (RIGHT OF WITHDRAWAL) of these Terms and Conditions, shall additionally have the right to return the product within 100 calendar days in accordance with the deadlines calculated in this Section (9.4) of these Terms and Conditions, provided that the provisions referred to in Section 8 (RIGHT OF WITHDRAWAL) of these Terms and Conditions shall apply within the statutory right of withdrawal.
9.2. Retail Customers are entitled to return the Product within 100 calendar days, in accordance with the deadlines calculated in this section (9.4) of these Terms and Conditions.
9.3. Wholesale Customers have the right to return the Product within 14 calendar days in accordance with the deadlines calculated in this section (9.4) of these Terms and Conditions.
9.4. The time limit for the return of the product starts for the contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract):
9.4.1. from taking possession of the Product by the Customer or a third party other than the carrier designated by the Customer;
9.4.2. in the case of a contract which involves multiple Products which are delivered separately, in lots or in parts, from taking possession of the last Product, lot or part;
9.4.3. in the case of a contract which consists of the regular provision of Products for a fixed period, from taking possession of the first Product.
9.5. Only products that are originally packaged, unused and suitable for resale may be returned and, in the case of Wholesale Customers, an additional condition for the voluntary return of products is that the product has not been unpacked.
9.6. The full price of the Product (100%) will only be refunded for originally packaged and unused products.
9.7. If the Seller finds any diminution in the value of the Product: traces of use, the Buyer shall be liable for the loss in value of the Product and the Seller reserves the right to refund part of the price (less the amount representing the diminution in value of the Product) on the following terms:
9.7.1. 85% of the product price when the returned product has signs of use;
9.7.2. 75% of the product price when the returned product has signs of use requiring cleaning on the part of the Seller.
9.8. In the case of a returned product that has fully lost its value as unused goods, i.e. not suitable for resale, the Seller reserves the right to refuse to refund the Product Price in full.
9.9. The evaluation of the returned product is carried out by the Seller within 14 calendar days from the receipt of the Product. The Seller will inform the Customer of the amount of the refund via e-mail to the e-mail address indicated by the Customer, together with the reason for the reduction of the refund amount.
9.10. To make a return, a statement of return must be submitted to the Seller. For this purpose, you may (but are not required to) use the model withdrawal form provided in sec. 11 of the Terms and Conditions, with an additional indication that it is a voluntary return of the product. The return declaration should be submitted to the Seller in electronic form via e-mail to the following address: [email protected] [email protected]. About keeping term of the return decides to submit the return declaration to the Seller within 100 calendar days and to send the product to the Seller within 14 calendar days from the submission of the return declaration to the Seller. The product can be returned after contacting Customer Service, who will provide them with the shipping address for the returned product.
9.11. In case of a return, the delivery costs of the product to be returned and the direct costs of returning it to the Seller shall be borne by the Customer.
9.12. Refunds of the amount specified in rules 9.6.- 9.8. shall be made by the following methods:
9.12.1. in the case of Retail Customers and Wholesale Customers – if the return declaration is submitted to the Seller within 14 calendar days – the refund shall be made within 14 days from the Seller’s receipt or the Buyer’s provision of proof of Product return – using the same means of payment as those used in the original transaction;
9.12.2. in the case of Retail Customers and Consumers – if a return declaration is submitted to the Seller within 15 to 100 calendar days – the refund shall be made within 14 days from the Seller’s receipt or the Buyer’s provision of proof of Product return for a gift card – a voucher to be used in the Seller’s Online Shop sent to the Buyer’s e-mail address provided during the order.
10 . PROVISIONS CONCERNING ENTREPRENEURS
10 .1. This Item 9. of the Terms and Conditions and all provisions contained therein are addressed to and thus bind only the Customer or Customer who is not a consumer, and as of 1 January 2021 and for agreements concluded as of that date, who is not also a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
10 .3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding the Sales Agreement.
10 .4. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending an appropriate statement to the Customer.
10 .5. The Service Provider’s/Customer’s liability to the Service Recipient/Customer, regardless of its legal basis, is limited – both as a single claim as well as for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not liable for any delay in the carriage of the consignment.
10 .6. Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
11 . FINAL PROVISIONS
11 .1. Contracts concluded through the Online Shop are concluded in the Polish language.
11.2 Change of Terms and Conditions:
11.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legislation; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. 11.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services – Account), the amended Terms and Conditions shall be binding upon the Service Recipient if the requirements set out in Articles 384 and 384 of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service Recipient has the right to withdraw from the contract.
11.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions of a nature other than continuous agreements (e.g. Sales Agreement), the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Agreements concluded, executed or performed.
11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Act on Consumer Rights; and other relevant provisions of universally applicable law.
12 . MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
To withdraw from the contract, please contact us by e-mail: [email protected] to agree on the products to be returned and the form of refund for your order.
13 . TERMS AND CONDITIONS FOR TWISTO DEFERRED PAYMENT PURCHASES
INFORMATION BY THE CONTROLLER PURSUANT TO ART. 13 PARAS. 1 and 2 of the GENERAL DATA PROTECTION REGULATION (RODO)
In view of the entry into force and the need to apply Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “Regulation”), the owner of the Internet domain provides the following information on the principles of processing your personal data.
13 .1.The website processes your personal data for the following purposes:
a)provide the services offered on the website,
b)transfer of your personal data to ING Bank Śląski S.A. (“Bank”) in connection with
provision by the Bank to the Online Shop of the service of making available the infrastructure for handling payments via the Internet (legal basis: Article 6(1)(f) of the Regulation).
the handling and settlement by the Bank of payments made by customers of the Online Shop via the Internet using payment instruments (legal basis: Article 6(1)(f) of the Regulation).
in order for the Bank to verify the proper performance of the agreements concluded with the Online Shop, in particular to ensure the protection of the interests of the payers in connection with their complaints (legal basis: Article 6(1)(f) of the Regulation).
c)transfer of your personal data to Twisto Polska sp. z o.o. in connection with the possibility of Twisto Polska sp. z o.o. offering to make payment for the purchased goods or services within the framework of an order agreement including the “Buy with Twisto” shopping formula and making this shopping formula available through the Internet Shop, as well as for the purpose of Twisto Polska Sp. z o.o. verifying the proper performance of such order agreements (legal basis: art. 6 par. 1 lit. f) of the Regulation).
13 .2.In addition to the purposes indicated in paragraph 1 (primary purpose), the Online Shop may process your personal data for other legally permissible purposes (secondary purpose) when the primary and secondary purposes are closely related. As part of such processing, the Online Shop, acting on the basis of Article 6(1)(f) of the Regulation, provides for the processing of personal data also for the following secondary purposes: carrying out surveillance of the website for marketing and other purposes.
a)As long as you have agreed to subscribe to the newsletter, the email address you provide will be used for marketing Twisto Polska sp. z o.o.’s own products. This consent can be withdrawn at any time, e.g. by clicking on the unsubscribe link.
13 .3.The processing of your personal data for the purposes set out in paragraph 3 will take place in connection with the existence of a legitimate interest pursued by the online shop.
13 .4.In connection with the processing of personal data for the purposes set out in paragraph 2, your personal data may be made available by the Online Shop to other recipients or categories of recipients of personal data, which may be:
(a)ING Bank Śląski S.A.
(b)Twisto Polska sp. z o.o.
13.5.Your personal data will be processed for a period of time justified for the purposes indicated in paragraph 3.
13 .6.In relation to the processing of your personal data you are entitled to:
a)the right of access to the content of your personal data;
b)the right to have them corrected if they are not in conformity with the facts;
c)the right to erasure or restriction of processing;
d)the right to object to the processing of personal data;
e)the right to data portability.
13 .7.Where the processing of your personal data is based on consent, you have the right to withdraw such consent at any time. The withdrawal of consent does not affect the processing of data prior to the withdrawal of consent or the legal basis for such processing.
13 .8.In the event that you provide personal data in order to conclude a contract with the Online Shop, the provision of personal data by you is a condition for the conclusion of this Agreement. Providing personal data in this situation is voluntary, however, the consequence of failing to provide such data will be the inability to conclude a contract with the Online Shop.
13 .9.In the event that you provide your personal data to Twisto Polska sp. z o.o. prior to the conclusion of a contract of sale of goods (or services) purchased in the Online Shop, the provision of such data is a condition for the conclusion of a contract of sale in connection with the business model adopted by the Online Shop.
13.10.In the event that your personal data are provided to the Bank in connection with the processing and settlement of payments made by you to the Online Shop via the Internet using payment instruments, the provision of data is required in order to process the payment and to provide the Bank with a confirmation of the payment to the Online Shop.
13 .11.In the event that your personal data are provided to the Bank in order for the Bank to verify the proper performance of the agreements concluded with the Online Shop, in particular to ensure the protection of the interests of the payers in connection with their complaints, the provision of such data is required in order to enable the performance of the agreement concluded between the Online Shop and the Bank.
13 .12.In the case of transferring your personal data to Twisto Polska sp. z o.o. in connection with the possibility of Twisto Polska sp. z o.o. offering you to pay the price for the goods or services purchased by you. within the framework of an order agreement including the “Buy with Twisto” purchase formula and making that formula available by the Internet Shop, providing those data and processing them for that purpose is required in connection with the business model adopted by the Internet Shop and for the performance of the agreement concluded between the Internet Shop and Twisto Polska Sp. z o.o.