1 Definitions
Expressions used in these regulations have the following meanings:
Business day - a day falling from Monday to Friday. A working day does not include public holidays.
Account registration form - A form provided on the web shop's website that allows you to create an account.
Order Form -A form available in the online shop, which is an electronic service, allowing you to place an Order.
Customer - a natural person who concludes or intends to conclude a Sales Agreement, who has full capacity to perform legal acts, and in cases provided for by generally applicable provisions, also a natural person with limited capacity to perform legal acts, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law,
Account - an electronic service placed in an ICT system, which is a set of data consisting of the Customer's login and password as well as information about his/her order,
Product - a movable item purchased by the Customer through the Online Shop
Rules of Procedure - these Rules of Procedure.
Online shop - an online shop operated by the Vendor/Service Provider at ventobeauty.com.
Service Provider/Seller - Daniel Fasiński conducting business activity MEBLOBUD FUH Daniel Fasiński ul. Filatelistów 18/3, 43-309 Bielsko-Biała NIP no.: 5471329386, REGON no.: 072275666
Contract of sale - a contract of sale of a Product found on the website of the Online Shop concluded or entered into between the Customer and the Seller via the Online Shop.
Customer - a natural person with full legal capacity who uses or intends to use the electronic service provided by the Service Provider, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person or an organisational unit without legal personality, to which the law grants legal capacity,
Order - a declaration of will of the Customer submitted for the purpose of concluding a Sales Agreement for a Product from the assortment of the Online Shop.
2 General provisions
- Located at the web address http://ventobeauty.com/, the online shop is operated by MEBLOBUD FUH Daniel Fasiński Filatelistów 18/3, 43-309 Bielsko-Biała NIP no.: 5471329386, REGON no.: 072275666
- The controller of the personal data is MEBLOBUD FUH Daniel Fasiński Filatelistów 18/3, 43-309 Bielsko-Biała NIP no.: 5471329386, REGON no.: 072275666
- The processing of personal data is carried out in accordance with the principles set out in the privacy policy available at: http://ventobeauty.com/privacy/ The privacy policy sets out the rules for the Administrator's processing of personal data.
- The seller is only liable for the amount of the order being fulfilled.
- The discounts and promotions granted are not cumulative.
3 Conditions for the provision of electronic services
- The online shop provides the following electronic services Account and Order Form.
- The Account service is provided for an indefinite period of time, free of charge. In order to resign from the provided service, the Customer should send a message to the Service Provider via email address with a clear indication of the request to delete the Account. The email address to which the Service Recipient may resign from the Account service is: kontakt.vento@gmail.com. The request to remove the Account may also be sent by post to the Service Provider's address: Filatelistów 18/3, 43-309 Bielsko-Biała. The customer may use the account after completing the account registration form, approving the registration and confirming the registration by clicking on the link sent to the indicated e-mail address.
- The Order Placement Form service is provided free of charge. The service is provided on a one-time basis and is terminated when the order is discontinued and after the order has been placed. The Customer starts using the Order Form when he/she selects a product in the Online Shop, clicks the button , "add to cart". In the Order Form, it is necessary for the Customer to provide the following data: first name, last name, country/region, street, postal code, city, email address, telephone and optional comments. In addition, the customer is required to specify the payment method. In the case of non-consumers, it is also necessary to provide the company name and VAT number.
4 Complaint about electronically supplied services
- A complaint about the Electronic Services provided by the Service Provider is made by sending a complaint by post to the address: ul. Filatelistów 18/3 43-309 Bielsko-Biała or electronically to the email address: kontakt.vento@gmail.com.
- In order to effectively handle a complaint, the Service Recipient is required to provide a description of the circumstances giving rise to the complaint including, inter alia, the date on which the irregularity occurred, the type of irregularity and the Service Recipient's request. Additionally, the complainant should optionally provide his/her contact details in order to expedite the complaint process.
- The Service Provider is obliged to consider the complaint within 14 days of its receipt from the complainant. If the Service Recipient does not respond, the Service Provider is deemed to have acknowledged the complaint.
5 Technical conditions for the provision of services
- In order to use the services provided by the Service Provider, the Client should meet the following technical requirements:
- have a device with access to the Internet and to e-mail,
- using a web browser: Google Chrome version 87.0.4280 and above, Mozilla Firefox version 84.0.0.2 and above or Internet Explorer version 11.0.40 and above, Safari version 14.0.2 and above, Microsoft Edge version 87.0.664 and above.
- Have a minimum screen resolution of 600×600 once cookies are enabled.
- It is forbidden for the Customer to provide unlawful content and to use the Online Shop in violation of the law and good morals. It is also prohibited to provide false data, which is misleading or likely to cause confusion.
6 Conclusion of the sales contract and payment
- The contract of sale on the Online Shop between the Customer and the Seller comes into effect after the Customer has placed an order via the Order Form.
- In the course of placing an order, the Customer is informed on the website of the Online Shop about the charges, which consist, among other things, of delivery costs. The customer is also informed of other charges that cannot be determined at the time of placing the order.
- All prices quoted in the Online Shop are gross prices including taxes.
- Upon receipt of the order by the Customer, the Seller sends an order confirmation to the email address indicated by the Customer. The email sent by the Seller contains a statement of receipt of the order and confirmation of the conclusion of the sales contract. The moment the Customer receives the email, the sales contract between the Customer and the Seller is concluded.
- The email message sent by the Seller to the Customer contains the Terms and Conditions. The content of the email containing the Terms and Conditions and the statement of receipt of the notice constitutes a form of recording and making available the concluded contract of sale. The sales contract is additionally stored and secured in the Seller's IT system.
- The customer has the option to make payment for the concluded sales contract as follows:
- a) By bank transfer to the Seller's bank account,
- b) Przelewy 24 - electronic payment method, details of which are available on the przelewy24/regulatory website
- c) Payment on delivery.
- The sale of the Product as ordered by the Customer is documented by the Seller with a receipt or a VAT invoice. The receipt or VAT invoice is delivered to the Customer together with the ordered Product. For all Products ordered from the Online Shop, the Seller has the option to issue a VAT invoice at the time of placing the order.
7. Cost of delivery, method of delivery and delivery time
- Delivery of the Product is available in the territory of the Republic of Poland and in selected countries, the selection of which can be made by the Buyer when filling in the Order Form.
- The product is delivered against payment. The non-payment of the delivery of the Product must be expressly stated during the Customer's order and confirmed in the sales contract. In the course of placing the order and expressing the will to conclude the sales contract, the Customer is informed of the cost of the Product.
- The product is delivered by courier to the address indicated by the Buyer.
- The product is delivered on working days.
- The product is delivered within a maximum of 21 days after the Seller has credited the payment for the product, unless the Buyer chooses the payment option , "Cash on delivery". In the case of availability of the product at a later date, the product may be delivered in accordance with the instruction indicated by the Customer in the Order Submission Form under ,,Comments to Order".
- The parcel product is delivered by DPD, in accordance with their terms and conditions.
- The product on pallets is delivered by Suus, in accordance with their terms and conditions.
- The product is delivered according to the Customer's choice to the address indicated in the Order Form .
- The product shall be packaged in a manner appropriate to its characteristics, protecting it from loss or damage.
- The delivery is completed when the addressee of the consignment signs for receipt of the delivery.
- The Supplier reserves the right not to guarantee delivery of the Product in accordance with the Customer's request in the event of ordering on days with large order quantities.
8 Withdrawal
- A customer who is a consumer who has concluded a distance contract may withdraw from the contract within a period of 14 days without giving reasons and without incurring costs. In order to meet the withdrawal deadline, the Consumer is obliged to send the withdrawal declaration before the deadline.
- The consumer may make a declaration of withdrawal in writing sent to the address: ul. Filatelistów 18/3 43-309 Bielsko-Biała ; or by email to: kontakt.vento@gmail.com
- A sample withdrawal form is attached as Appendix 2 to the Consumer Rights Act of 30 May 2014 and is included at the end of these terms and conditions. The model form is only an example, the consumer is not obliged to use the example.
- The Consumer has the right to withdraw from a contract in which the Seller delivers the Product, being obliged to transfer the ownership, from the moment the Consumer or a person indicated by the Consumer who is not the carrier takes possession of the Product. In the case of a contract the subject of which is a number of products delivered in parts, batches or separately, the Consumer has the right to withdraw from the contract from the moment of taking possession of the last product by the Consumer or a person designated by the Consumer who is not the carrier. However, in the case of regular delivery of products over a fixed period of time, the moment of withdrawal shall be the taking possession of the first product. The moment of withdrawal for other products not mentioned above shall start from the day of conclusion of the contract.
- Withdrawal from a distance contract shall have the effect that the contract is considered not to have been concluded.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer who is a consumer the payments made by him, including the cost of delivery of the product. The Seller shall not be obliged to reimburse the costs of delivery of the product other than the cheapest method of delivery available in the Online Shop and resulting from the method of delivery chosen by the Customer.
- The payment shall be refunded by the same method used by the Buyer when making the payment. The Seller has the possibility to return the payment by another method, after the consent of the Consumer.
- The Seller may withhold reimbursement of the consumer's payment until it has received the Product or received confirmation of the Consumer's return. The Seller is obliged to reimburse the payment upon the occurrence of any of the aforementioned events and also upon the Consumer's offer to collect the Product.
- From the moment of withdrawal, the Consumer is obliged to return the product to the Seller immediately, no later than within 14 days. The Consumer may, within 14 days with the consent of the Seller, hand over the Product to a person authorised by the Seller or hand over the Product to the Seller who offered to collect the Product himself. It is sufficient to return the Product before the deadline. The Consumer may return the Product to the following address: ul. Filatelistów 18/3 43-309 Bielsko-Biała
- The consumer may incur costs associated with the withdrawal from the contract if he chooses a delivery method for the product other than the cheapest ordinary delivery method available in the Online Shop. In this case, the Seller shall not be obliged to reimburse the additional costs incurred by the consumer.
- If the Service which is a Product is provided at the request of the Consumer before the start of the withdrawal period, the Consumer exercising the right of withdrawal after the request is made shall be liable to pay for the Service provided until the withdrawal. Payment shall be made on a pro rata basis for the service provided. The payment to the seller shall include the agreed price, with the proviso that if it is established that the remuneration is excessive, the payment shall be the market value of the service provided.
- The consumer shall be liable for any diminution in the value of the Product if it is used in a manner incompatible with its characteristics, functionality and nature.
- The consumer does not have the right to withdraw from a distance contract in the case of:
- the provision of services where the trader has provided a service in full with the express consent of the consumer who has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service;
- in which the price or remuneration is dependent on fluctuations in the financial market outside the trader's control, and which may occur before the end of the withdrawal period;
- in which the object of the performance is a non-refabricated item produced to the consumer's specifications or intended to meet the consumer's individual needs;
- where the object of the performance is an item that is perishable or has a short shelf life;
- where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
- in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
- where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
- where the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal for the additional services or goods;
- in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
- concluded by public auction;
- for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;
- for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
9 Product complaints
- The seller is obliged to deliver the product without defects.
- The seller provides a guarantee of 12 months on the invoice, 24 months on the receipt. The processing of a complaint related to the guarantee is conditional on informing about the product defect and documenting it with a photo of the defective product. The guarantee begins to run from the moment the product is delivered. The above entitlement does not limit the customer's right to use the warranty of the goods sold.
- In order to effectively handle a complaint, the Customer is required to provide a description of the circumstances giving rise to the complaint, including, among other things, the date on which the irregularity occurred, the type of irregularity and the Customer's request. Additionally, the complainant should optionally provide his/her contact details in order to speed up the complaint process. Failure to provide the above information in the complaint does not affect the effectiveness of the complaint submitted, but only aims to accelerate the process of complaint handling.
4.The Seller is obliged to consider the complaint within 14 days from the date of its receipt from the complainant. In the case of lack of the Seller's response to the complaint of the Customer who is a Consumer and requested the 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, it is assumed that the Seller considered the complaint as justified.
- A complaint is submitted by the Customer in writing to the address: ul.Filatelistów 18/3, 43-309 Bielsko-Biała or in the form of an email to: kontakt.vento@gmail.com.
- The basis and scope of the Seller's legal liability towards the Customer is determined by generally applicable legal regulations, in particular the Civil Code.
- The Customer exercising warranty rights is obliged to deliver the defective Product to the address indicated by the Seller. The cost of delivery of the product in the case of a Customer who is a consumer is charged to the Seller, the cost of delivery of the product by a Customer who is not a consumer is charged to the Customer.
10. Out-of-court complaint and redress procedures
- A customer who is a consumer has the possibility to use an out-of-court procedure for handling complaints and asserting claims. Information on the procedures and rules of access to these procedures are available, among others, on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
- The consumer has the possibility to use out-of-court complaint and dispute resolution by:
- submit an application for out-of-court dispute resolution to the regional inspector of the trade inspectorate address of the party: http://www.wiih.org.pl/index.php?id=1
- submitting a request for dispute resolution to a permanent amicable consumer court address of the party: http://spsk.wiih.org.pl/index.php?id=110
- report to the municipal district consumer ombudsman,
- to apply to a social organisation whose remit includes the protection of consumer rights,
- The consumer has the possibility to use the Network of European Consumer Centres. The addresses of these institutions can be found on the website of the European Consumer Centre Poland www.konsument.gov.pl.
- The consumer has the possibility to use an online dispute resolution system (ODR platform) in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes) available at: http://ec.europa.eu/consumers/odr/
11 Provisions concerning entrepreneurs
- The Seller has the right to withdraw from a sales contract concluded with a Customer who is not a Consumer within 14 days from the date of conclusion of the contract. The Seller's right to withdraw from the contract is not subject to any reason and does not give rise to any claims by the Customer against the Seller.
- The Seller has the right to choose and limit the method of payment to the Customer who is an entrepreneur. The Seller has the right to demand full or partial prepayment despite the Customer's choice of another payment method. The above right of the Seller is not affected by the conclusion of the sales contract.
- The benefits and burdens associated with the Product and the danger of accidental loss or damage are transferred to the Customer who is an entrepreneur at the moment of handing over the Product to the carrier by the Seller. The Seller shall not be liable for any delay in the carriage of the consignment, loss, defect, damage to the Product occurring from the acceptance for carriage until the release to the Customer who is not a consumer.
- The Customer who is not a consumer is obliged to examine the consignment if the Product is sent by the Seller via a carrier. If a defect caused by carriage or a defect in the Product is established, the Customer who is not a consumer is obliged to take steps to establish the responsibility of the carrier.
- The Seller disclaims any liability under warranty for the Product pursuant to Article 558 par. 1 of the Civil Code towards the Customer who is not a consumer.
- The Service Provider has the right to terminate the contract for the provision of Electronic Services to a Customer who is not a consumer at any time, with immediate effect without giving reasons. The termination referred to in this section is effected by sending a statement to the Service Recipient.
- The Seller or Service Provider shall have limited liability to the Customer or Service Recipient who is not a consumer to the amount of the price paid, which includes the delivery costs incurred by the Customer or Service Recipient. The Service Provider or the Vendor shall not be liable to the Customer or the Service Recipient who is not a consumer for lost profits. The liability of the Service Provider or the Seller towards the Client or the Buyer who is not a consumer is limited regardless of the legal basis of the claim and the number of claims to no more than PLN 1,500.00.
- The competent court for disputes between a Customer or a Customer who is not a consumer and a Vendor or a Service Provider shall be the Court of the place of establishment of the Service Provider or the Vendor.
12 Amendment of the Rules of Procedure
- The Seller or the Service Provider has the right to change the Terms and Conditions. An amendment to the Terms and Conditions may take place in the event of a change in the terms and conditions of providing electronic Services or the methods of payment and delivery. An amendment to the Terms and Conditions may also take place in the event of a change in the Seller's data and a change in the law.
- The conclusion of a continuing contract binds the Service Recipient to the Terms and Conditions if the Service Recipient is notified of the change to the Terms and Conditions and does not terminate the contract within 14 days of the notification. A change in the Terms and Conditions to the Consumer resulting in increased or new charges allows the Consumer to withdraw from the contract.
- The terms and conditions in force at the time the order is placed apply to orders in progress or placed.
- The Customer or the Service Recipient is informed by the Seller 30 days in advance about the change of the Terms and Conditions by posting the relevant information on the shop's website. The Client or the Customer has the right to terminate the contract with immediate effect within 30 days from the date of receiving the information about the change of the Terms and Conditions in case of non-acceptance of the change.
13 Final provisions
- Contracts with the Seller or the Service Provider with the Buyer or the Customer are concluded in the Polish language.
- The Court of competent jurisdiction for any dispute arising from the provision of the service by the Service Provider shall be the Court of competent jurisdiction at the choice of the Client who is a consumer.
- All content, graphics and texts on the website of the Online Shop are the property of the Seller and are protected by copyright. The use of such content without the consent of the Seller is prohibited.
- In the absence of regulation of certain issues in the Terms and Conditions, generally applicable provisions shall apply, inter alia: the Act on the provision of services by electronic means of 18 July 2002; the Act on consumer rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); Civil Code Act of 30 June 2000 Industrial Property Law Act of 4 February 1994 on Copyright and Related Rights
WITHDRAWAL FORM
(ANNEX 2 OF THE CONSUMER RIGHTS ACT)
(this form must be completed and returned only if you wish to withdraw from the contract)
- Addressee Meblobud FUH Daniel Fasiński 18/3 Filatelistów street 43-309 Bielsko-Biała
- Me/My(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following goods(*)
contracts for the supply of the following(*)
a contract for the performance of the following works(*)/
for the provision of the following service(*)
- Date of conclusion of the contract(*)/ receipt(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.