Terms & Conditions

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COSTS, METHODS, AND TIME OF DELIVERY AND PRODUCT COLLECTION
6. PRODUCT COMPLAINTS
7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND CLAIMS PROCEDURES AND ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. RETURN POLICY
10. PROVISIONS APPLICABLE TO ENTREPRENEURS
11. FINAL PROVISIONS
12. TEMPLATE FOR CONTRACT WITHDRAWAL FORM

The Online Store www.vapefully.com prioritizes consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Provisions of agreements that are less favorable to the consumer than those in the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted by mandatory provisions of law. Any ambiguities should be interpreted in favor of the consumer. In case of any discrepancies between these Terms and Conditions and the aforementioned provisions, the latter shall take precedence and apply.

1.GENERAL PROVISIONS

1.1. The Online Store available at www.vapefully.com is operated by High Experts sp. z o.o., located at 15 Makuszyńskiego Street, 31-752 Kraków, Poland.
REGON: 381332770, NIP: PL7831788419, KRS: 0000749439.
Email: help@vapefully.com | Contact number: +48 510 508 420
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store unless otherwise stated in specific provisions.
1.3. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for purposes, within the scope, and on the basis outlined in the Privacy Policy available on the Online Store’s website. The Privacy Policy specifies the rules for processing personal data, including the basis, purpose, and scope of processing, the rights of individuals whose data is processed, and the use of cookies and analytical tools. Use of the Online Store, including making purchases, is voluntary. Providing personal data by the Customer or User is also voluntary, except where otherwise stated in the Privacy Policy (e.g., for contract execution and legal obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY: Any day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM: A form available in the Online Store used to create an account.
1.4.3. ORDER FORM: An Electronic Service, an interactive form available in the Online Store that enables placing an order, especially by adding products to the electronic cart and specifying the terms of the Sales Contract, including delivery and payment methods.
1.4.4. CUSTOMER:
(1) A natural person with full legal capacity, and in cases provided for by commonly applicable laws, also a natural person with limited legal capacity;
(2) A legal entity; or
(3) An organizational unit without legal personality, granted legal capacity by law;
who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.4.A. RETAIL CUSTOMER: A customer who does not have access to the wholesale (B2B) panel with applicable wholesale price lists.
1.4.4.B. WHOLESALE CUSTOMER: A customer with access to the wholesale (B2B) panel with applicable wholesale price lists.
1.4.5. CIVIL CODE: The Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT: An Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the User, where the User’s data and information about orders placed in the Online Store are stored.
1.4.7. NEWSLETTER: An Electronic Service provided by the Service Provider via email, allowing users to receive periodic updates containing information about products, news, and promotions in the Online Store.
1.4.8. PRODUCT: A movable item available in the Online Store that is the subject of a Sales Contract between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS: These terms and conditions of the Online Store.
1.4.10. ONLINE STORE: The online store operated by the Service Provider, available at www.vapefully.com.
1.4.11. SELLER; SERVICE PROVIDER: High Experts sp. z o.o., located at 15 Makuszyńskiego Street, 31-752 Kraków, Poland. REGON: 381332770, NIP: PL7831788419, KRS: 0000749439.
Email: help@vapefully.com | Contact number: +48 510 508 420
1.4.12. SALES CONTRACT: A contract of sale of a product concluded or entered into between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE: A service provided electronically by the Service Provider to the User via the Online Store.
1.4.14. USER:
(1) A natural person with full legal capacity, and in cases provided for by commonly applicable laws, also a natural person with limited legal capacity;
(2) A legal entity; or
(3) An organizational unit without legal personality, granted legal capacity by law;
who uses or intends to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT: The Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER: A declaration of intent made by the Customer using the Order Form and directly aimed at concluding a Sales Contract for a product with the Seller.

2.ELECTRONIC SERVICES IN THE ONLINE STORE

2.2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – the use of the Account is possible after the Customer completes two consecutive steps: (1) filling out the Registration Form, and (2) clicking the “Register” button. In the Registration Form, it is necessary for the Customer to provide the following information: email address and password.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, particularly via email to: help@vapefully.com.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps: (1) filling out the Order Form, and (2) clicking the “Buy and pay” button on the Online Store’s page after filling out the Order Form – until this point, it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the Online Store’s page). In the Order Form, the Customer must provide the following information: first name and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and information regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and VAT number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is one-time in nature, ending when the Order is placed through it or when the Customer stops placing the Order through it beforehand.
2.1.3. Newsletter – the use of the Newsletter occurs after providing an email address in the “Newsletter” section visible on the Online Store’s page, to which subsequent editions of the Newsletter will be sent, along with the Customer’s name, and clicking the “Sign up!” button. You can also sign up for the Newsletter by checking the appropriate checkbox during the Account creation process – upon creating the Account, the Customer is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, particularly via email to: help@vapefully.com.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, or Microsoft Edge; (4) a recommended minimum screen resolution of 1024×768; (5) enabling the saving of Cookies files and Javascript support in the web browser.
2.3. The Customer is obliged to use the Online Store in a manner consistent with the law and good customs, respecting the personal rights and intellectual property rights of the Service Provider and third parties. The Customer is obliged to provide data that is accurate. The Customer is prohibited from providing unlawful content.
2.4. Complaint procedure regarding 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 Store (excluding the complaint procedure for the Product, which is specified in point 6 of the Regulations) can be submitted by the Customer, for example:
2.4.2. in electronic form via email to: help@vapefully.com
2.4.3. It is recommended that the Customer provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the irregularity; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and expedite the handling of the complaint by the Service Provider. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
2.4.4. The Service Provider will respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.

3.TERMS OF CONCLUDING A SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product displayed on the Online Store’s website is given in euros and includes taxes. The Customer is informed of the total price, including taxes, of the Product being ordered, as well as the delivery costs (including transport, delivery, and postal service fees) and any other applicable costs, or if it is not possible to determine these costs, the obligation to pay them, during the Order placement process, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store via the Order Form:
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. Discount codes available for use on the website www.vapefully.com/ do not apply to orders for products that are on sale at the time the order is placed. Information about any applicable promotions is provided on the product page. Discount codes cannot be combined, except for discount codes subject to special conditions.
3.3.3. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the receipt of the Order and its acceptance for processing occurs by sending an appropriate email from the Seller to the Customer at the email address provided during the Order placement process. This email contains at least a statement from the Seller confirming receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives this email.
3.4. The recording, securing, and provision to the Customer of the content of the concluded Sales Agreement is done by (1) making these Regulations available on the Online Store’s website and (2) sending the Customer the email referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

4.METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and card payments via the PayU and Zen services – the currently available payment methods are specified on the Online Store’s website in the information section concerning payment methods and on the websites https://www.zen.com/personal/home/,  https://corporate.payu.com/, https://zondacrypto.com/en/home.
4.1.3.1. Transactions involving electronic payments and card payments are processed according to the Customer’s choice via the PayU or Zen services or through the external payment system Zonda. The electronic payment and card payment services are managed by:
4.1.3.1.1. UAB “ZEN.COM”, Company code: 304749651, registered at Lvivo g. 25-104, LT-09320, Vilnius, Lithuania, is an electronic payment processing institution, licensed under number 35 issued by the Bank of Lithuania on May 24, 2018.
4.1.3.1.2. PayU S.A., headquartered in Poznań (60-166), at ul. Grunwaldzka 186 (“PayU”), registered in the Register of Entrepreneurs of the National Court Register under number: 0000274399, with registration files kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, with a share capital of PLN 7,789,000.00, NIP: 7792308495, REGON: 300523444.

4.2. Payment deadlines:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment, or card payment, the Customer is required to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery upon receipt of the shipment, the Customer is required to make the payment upon receipt of the shipment.

5. COST, METHODS, AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. The delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store’s website in the information section concerning delivery costs and during the Order placement process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following delivery or collection methods for the Product:
5.2.1. Cash on delivery postal shipment.
5.2.2. Courier shipment, cash on delivery courier shipment.
5.3. The delivery time of the Product to the Customer is up to 5 Business Days unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 5 Business Days, except for products marked as “Product available on order” or “Shipment will take place: Shipment date.” The beginning of the delivery period of the Product to the Customer is calculated as follows:
5.3.1. If the Customer chooses payment by bank transfer, electronic payments, or card payment – from the day the Seller’s bank account or settlement account is credited.
5.3.1.1. In the case of products available on order, from the date declared in the product offer, provided that the Seller’s bank account or settlement account is credited.
5.3.2. If the Customer chooses cash on delivery – from the day the Sales Agreement is concluded.

6. PRODUCT COMPLAINTS

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 determined by the generally applicable laws, particularly in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver the Product to the Customer without defects.
6.3. A complaint can be submitted by the Customer, for example:
6.3.1. Electronically via email to: help@vapefully.com; using the form available on the website: https://vapefully.com/help-and-contact/.
6.4. It is recommended that the Customer provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the defect; (2) the request for bringing the Product into conformity with the Sales Agreement or a statement regarding price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Seller. The requirements stated in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. The Seller will respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising rights under the warranty, requests the replacement of the item or the removal of the defect, or submits a statement regarding a price reduction, specifying the amount by which the price should be reduced, and the Seller does not respond to this request within 14 calendar days, it is considered that the request has been deemed justified.
6.6. A Customer exercising rights under the warranty may return the product after prior contact with the Customer Service Department, which will provide the return shipping address.
6.7. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards a Customer who is not a consumer is excluded.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at the following address:

https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. A contact point operates under the President of the Office of Competition and Consumer Protection (phone: +48 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to assist consumers in matters related to out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims: (1) a request to resolve the dispute to a permanent consumer arbitration court (more information available at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association). Advice is provided, among other things, via email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline available on Business Days, from 8:00 AM to 6:00 PM, call charges according to the operator’s tariff).
7.4. The online dispute resolution platform between consumers and traders at the 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 disputes concerning contractual obligations arising from an online sales or service agreement (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A consumer, as well as a person referred to in Article 38a of the Consumer Rights Act (a natural person concluding an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for this person, particularly resulting from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity) – hereinafter collectively referred to as the “Consumer”, who has concluded a distance agreement, 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 a statement to the Seller before its expiration. The statement of withdrawal from the agreement may be submitted:
8.2.1. Electronically via email to: help@vapefully.com;
8.2.2. In paper form via postal operator to the Seller’s registered office address;
8.3. A sample withdrawal form is included in Annex 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 from the agreement begins:
8.4.1. For an agreement under which the Seller delivers the Product, being obliged to transfer ownership (e.g., Sales Agreement) – from the moment the Consumer or a third party other than the carrier, indicated by the Consumer, takes possession of the Product, and in the case of an agreement that: (1) involves multiple Products that are delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period – from taking possession of the first Product;
8.4.2. For other agreements – from the date of concluding the agreement.
8.5. In the event of withdrawal from a distance agreement, the agreement is considered null and void.
8.6. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receiving the Consumer’s statement of withdrawal from the agreement, refund all payments made by the Consumer, including the costs of delivery of the Product (except for additional costs resulting from the Consumer’s chosen delivery method that is different from the cheapest standard delivery method available in the Online Store). The Seller will refund the payment using the same method of payment that the Consumer used unless the Consumer expressly agrees to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the Consumer, they may withhold the refund of the payments received from the Consumer until they have received the Product back or until the Consumer provides proof of returning the Product, whichever occurs first.
8.7. The Consumer is obliged to promptly, no later than within 14 calendar days from the day on which they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiration. The Consumer can return the product after prior contact with the Customer Service Department, which will provide the return shipping address.
8.8. The Consumer is responsible for a decrease in the value of the Product resulting from using it in a manner 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 agreement that the Consumer is obliged to bear:
8.9.1. If the Consumer chose a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
8.9.2. The Consumer bears the direct costs of returning the Product.
8.9.3. In the case of a Product that is a service, where the performance – at the Consumer’s express request – began before the expiration of the withdrawal period, the Consumer, who exercises the right of withdrawal after making such a request, is obliged to pay for the services provided up to the point of withdrawal. The payment amount is calculated proportionally to the scope of the fulfilled services, considering the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.
8.10. The right to withdraw from a distance agreement does not apply to the Consumer in relation to agreements:
8.10.1. (1) for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, who was informed before the start of the service that they would lose the right to withdraw from the agreement after the service was performed; (2) where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and may occur before the withdrawal period expires; (3) where the subject of the service is a non-prefabricated Product made according to the Consumer’s specifications or serving to meet their individualized needs; (4) where the subject of the service is a Product that is liable to deteriorate or has a short shelf life; (5) where the subject of the service is a Product delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery; (6) where the subject of the service is Products that, after delivery, by their nature, are inseparably connected with other items; (7) where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only occur after 30 days and whose value depends on market fluctuations beyond the Seller’s control; (8) where the Consumer has specifically requested the Seller to come to them to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Products other than replacement parts necessary to perform the repair or maintenance, the right of withdrawal applies to the additional services or Products; (9) where the subject of the service is audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription agreements; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of service provision; (13) for the supply of digital content that is not supplied on a tangible medium, if the performance began with the Consumer’s express consent before the expiration of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the agreement.
8.10. The provisions of this point 8 of the Regulations concerning the Consumer apply from January 1, 2021, and for agreements concluded from that day also to the Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for this person, particularly resulting from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity.

9. VOLUNTARY RETURN POLICY

9.1. Consumers and individuals referred to in Article 38a of the Consumer Rights Act, in addition to the statutory right of withdrawal as described in point 8 (RIGHT OF WITHDRAWAL FROM THE AGREEMENT) of these Regulations, are also entitled to a voluntary right to return the product within 100 calendar days, in accordance with the time periods calculated in this point (9.4) of these Regulations, provided that during the statutory right of withdrawal period, the provisions in point 8 of these Regulations (RIGHT OF WITHDRAWAL FROM THE AGREEMENT) apply.
9.2. Retail Customers have the right to return the Product within 100 calendar days, in accordance with the time periods calculated in this point (9.4) of these Regulations.
9.3. Wholesale Customers have the right to return the Product within 14 calendar days in accordance with the time periods calculated in this point (9.4) of these Regulations.
9.4. The period for returning the product begins for an agreement under which the Seller delivers the Product, being obliged to transfer ownership (e.g., Sales Agreement):
9.4.1. from the moment the Customer or a third party indicated by the Customer, other than the carrier, takes possession of the Product;
9.4.2. in the case of an agreement that involves multiple Products delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part;
9.4.3. in the case of an agreement that involves regular delivery of Products for a specified period – from the moment of taking possession of the first Product.
9.5. Only products that are originally packaged, unused, and suitable for resale can be returned. For Wholesale Customers, an additional condition for the voluntary return of products is that the product remains unopened.
9.6. A full refund of the Product price (100%) is only possible for products that are originally packaged and unused.
9.7. Edited 24.06.2025.
9.8. If the returned product has completely lost its value as an unused item (i.e., it is no longer suitable for resale), the Seller reserves the right to refuse a full refund of the Product price.
9.9. The Seller will assess the returned product within 14 calendar days of receiving it. The Seller will inform the Customer of the refund amount via email sent to the email address provided by the Customer, along with the reason for any reduction in the refund amount.
9.10. To return a product, the Customer must submit a return statement to the Seller. The Customer may (but is not required to) use the sample withdrawal form provided in point 11 of the Regulations, with an additional note that the return is voluntary. The return statement should be submitted to the Seller electronically via email at help@vapefully.com. The deadline for the return is met if the return statement is submitted to the Seller within 100 calendar days and the product is sent back to the Seller within 14 calendar days from the submission of the return statement. The product can be returned after prior contact with the Customer Service Department, which will provide the return shipping address.
9.11. The costs of delivery of the returned product and the direct costs of returning the product to the Seller are borne by the Customer.
9.12. Refunds in the amount determined according to points 9.6.-9.8. will be made using the following methods:
9.12.1. For Retail Customers and Wholesale Customers – if the return statement is submitted to the Seller within 14 calendar days, the refund will be made within 14 days from the Seller receiving the product or receiving proof of the product’s return from the Buyer, using the same payment methods used in the original transaction;
9.12.2. For Retail Customers and Consumers – if the return statement is submitted to the Seller between the 15th and 100th calendar day, the refund will be made within 14 days from the Seller receiving the product or receiving proof of the product’s return from the Buyer, in the form of a gift card/voucher for use in the Seller’s Online Store, sent to the Customer’s email address provided during the order.

10. PROVISIONS RELATING TO ENTREPRENEURS

10.1. This point 10 of the Regulations and all provisions contained therein are directed exclusively at and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021, also does not include a natural person concluding an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for this person, particularly resulting from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity.
10.3. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
10.4. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
10.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited—both within a single claim and for all claims in total—to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand Polish zlotys. The monetary limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in the case of non-conclusion of a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical foreseeable damages at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in shipment.
10.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court competent for the registered office of the Seller/Service Provider.

11. FINAL PROVISIONS

11.1. Contracts concluded through the Online Store are made in English.
11.2. Amendment of the Regulations:
11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, such as: changes in the law; changes in payment and delivery methods—to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the case of agreements of a continuous nature (e.g., provision of the Electronic Service – Account) concluded under these Regulations, the amended Regulations bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. If the amendment to the Regulations results in the introduction of any new fees or an increase in existing fees, the Service Recipient has the right to withdraw from the agreement.
11.2.3. In the case of agreements other than continuous agreements (e.g., Sales Agreement) concluded under these Regulations, amendments to the Regulations will not in any way affect the rights acquired by the Service Recipients/Customers before the effective date of the amended Regulations, particularly changes to the Regulations will not affect Orders that have already been placed or submitted, and Sales Agreements that have been concluded, are being performed, or have been executed.
11.3. In matters not covered by these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

12. SAMPLE WITHDRAWAL FORM
    (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
    To withdraw from the agreement, please contact us by email: help@vapefully.com to arrange the return of products and the form of refund for the order.