Terms of service

TERMS AND CONDITIONS OF THE ONLINE STORE
vestes-sacrae.com

§ 1 GENERAL PROVISIONS

The Store vestes-sacrae.com operates on the terms set out in these Terms and Conditions.

These Terms and Conditions set out the conditions for concluding and terminating Product Sales Agreements, the complaint handling procedure, as well as the types and scope of services provided electronically by the Store vestes-sacrae.com, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.

Every Service Recipient is obliged to comply with the provisions of these Terms and Conditions from the moment they take steps to use the Electronic Services of the Store vestes-sacrae.com.

Matters not regulated by these Terms and Conditions shall be governed by the provisions of:
- the Act on the Provision of Electronic Services of 18 July 2002,
- the Act on Consumer Rights of 30 May 2014,
- the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
- the Civil Code Act of 23 April 1964, and other applicable provisions of Polish law.

§ 2 DEFINITIONS USED IN THESE TERMS AND CONDITIONS

ORDER FORM - the form available on the website vestes-sacrae.com enabling an Order to be placed.

CUSTOMER - a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER - a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.

ENTREPRENEUR - a natural person, legal person, and an organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name.

PRODUCT - a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

TERMS AND CONDITIONS - these Terms and Conditions of the Store.

STORE - the Service Provider's online store operating at vestes-sacrae.com.

SELLER, SERVICE PROVIDER - NEXTLEVEL STUDIO GRZEGORZ ZAWADA, ul. Nadbrzeżna 15, 66-470 Kostrzyn nad Odrą, Poland, Tax ID (NIP): 5992845127, Business Registry Number (REGON): 08016850400000, email: g.zawada@yahoo.pl, phone: +48 791 444 015.

SALES AGREEMENT - a Product Sales Agreement concluded between the Customer and the Seller via the Store.

ORDER - a declaration of intent by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.

PRICE - the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3 INFORMATION ABOUT PRODUCTS AND HOW TO ORDER THEM

The Store vestes-sacrae.com sells Products via the Internet.

Products offered in the Store are new, conform to the contract, and have been legally placed on the market.

Information contained on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product on the terms specified in its description.

The Price of a Product shown on the Store's website is stated in euro (EUR) and includes all tax components. The Price does not include delivery costs.

Orders can be placed via the website using the Order Form (Store vestes-sacrae.com) - 24 hours a day, all year round.

Placing an Order in the Store requires the Customer to review these Terms and Conditions and accept their provisions at the time the Order is placed.

§ 4 CONCLUSION OF THE SALES AGREEMENT

In order to conclude a Sales Agreement, the Customer must first place an Order in the manner made available by the Seller, in accordance with § 3 points 5 and 6 of these Terms and Conditions.

After the Order is placed, the Seller shall immediately confirm its receipt.

Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer to the Order. Confirmation of receipt of the Order is sent by email.

The confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- a withdrawal form,
- these Terms and Conditions, including information on the right of withdrawal.

Upon receipt by the Customer of the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

Each Sales Agreement will be confirmed by proof of purchase, which will be enclosed with the Product or sent electronically.

§ 5 METHODS OF PAYMENT

The Seller offers the following payment methods, processed via the Shopify platform:
- payment by debit/credit card via the Shopify Payments system,
- payment via PayPal.

Payment for the Order is made before the Order is processed, at the time the Order is placed in the Store.

The Product will be shipped only after payment has been credited.

§ 6 COST, TIME LIMIT, AND METHODS OF PRODUCT DELIVERY

Products purchased in the Store are shipped exclusively to Germany and France, via a courier company. The current delivery cost is shown to the Customer before the Order is placed, depending on the country of delivery, and is approximately:

France (Courier): €19.90
Germany (Courier): €16.00

The Seller reserves the right to change delivery costs; the binding cost is shown to the Customer in the Order summary before the Order is placed.

§ 7 PRODUCT COMPLAINTS

Complaint regarding lack of conformity of the Product with the contract.
- The basis and scope of the Seller's liability towards a Customer who is a Consumer for lack of conformity of the Product with the contract are set out in the Consumer Rights Act of 30 May 2014.
- The basis and scope of the Seller's liability towards a Customer who is an Entrepreneur, under statutory warranty, are set out in the Civil Code Act of 23 April 1964.
- The Seller is liable to a Customer who is a Consumer for any lack of conformity of the Product with the contract that existed at the time of delivery of the Product and is discovered within 2 years of that time, unless the Product's expiry date, as determined by the Seller or persons acting on its behalf, is longer.
- Notification of a lack of conformity of the Product with the contract and the submission of a related request may be made by email to: g.zawada@yahoo.pl or in writing to: NEXTLEVEL STUDIO GRZEGORZ ZAWADA, ul. Nadbrzeżna 15, 66-470 Kostrzyn nad Odrą, Poland.
- The above message, whether in writing or electronic form, should include as much information and detail as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. This information will significantly facilitate and speed up the Seller's handling of the complaint.
- In order to assess the irregularity and lack of conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense.
- The Seller will respond to the Customer's request promptly, no later than within 14 days from the date the complaint was submitted.
- In the case of a complaint from a Customer who is a Consumer, failure to process the complaint within 14 days of its submission is deemed equivalent to accepting it.
- In connection with a justified complaint from a Customer who is a Consumer, the Seller shall, as appropriate:
  - cover the costs of repair or replacement and re-delivery of the Product to the Customer,
  - reduce the price of the Product (the reduced price must remain in proportion to the price of a conforming product versus a non-conforming product) and refund the Consumer the value of the price reduction no later than within 14 days of receiving the Consumer's declaration on the price reduction,
  - in the event of withdrawal from the contract by the Consumer - the Seller shall refund the Product's price no later than within 14 days of receiving the returned goods or proof of its return shipment. Upon withdrawal from the contract, the Consumer is obliged to return the goods to the Seller promptly, at the Seller's expense.
- The response to the complaint is provided on paper or on another durable medium, e.g. an email message.

§ 8 RIGHT OF WITHDRAWAL FROM THE CONTRACT

Subject to point 10 of this paragraph, a Customer who is also a Consumer, having concluded a distance contract, may withdraw from it without giving any reason by submitting an appropriate statement within 14 days.

In the event of withdrawal from the contract, the Sales Agreement is deemed not to have been concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, promptly, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.

In the event of withdrawal from the Sales Agreement, the Product should be returned to the address: NEXTLEVEL STUDIO GRZEGORZ ZAWADA, ul. Nadbrzeżna 15, 66-470 Kostrzyn nad Odrą, Poland.

The Consumer is liable for any diminished value of the Product resulting from use of it beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the manner and time limit for exercising the right of withdrawal, and failed to provide them with a withdrawal form template. In order to establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same manner as they would be able to do in a brick-and-mortar store.

Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with its delivery costs using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for them. Subject to point 7 of this paragraph, the refund shall be made promptly, and no later than within 14 days from the moment the Seller receives the Consumer's statement of withdrawal from the Sales Agreement.

If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.

If the Seller has not offered to collect the Product from the Consumer themselves, the Seller may withhold the refund of payments received from the Consumer until the Product has been received back, or the Consumer has supplied proof of its return shipment, whichever occurs first.

A Consumer withdrawing from the Sales Agreement in accordance with point 1 of this paragraph shall only bear the cost of returning the Product to the Seller.

The fourteen-day period within which the Consumer may withdraw from the contract shall be calculated, for a contract under which the Seller dispatches the Product while being obliged to transfer its ownership, from the day on which the Consumer (or a third party other than the carrier, indicated by the Consumer) took possession of the Product.

The right of withdrawal from a distance contract is not available to the Consumer in respect of, among others, a Sales Agreement in which the subject of performance is goods that are not prefabricated, manufactured according to the Consumer's specifications, or intended to meet their individualized needs.

The right of withdrawal from the Sales Agreement is available both to the Seller and to the Customer, in the event that the other party fails to perform their obligation within a strictly defined time limit.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables the use, via the Store, of the Electronic Service consisting of the conclusion of Product Sales Agreements.

The provision of the Electronic Service to Service Recipients in the Store takes place on the terms set out in these Terms and Conditions.

The Service Provider has the right to place advertising content on the Store's website. Such content constitutes an integral part of the Store and the materials presented therein.

§ 10 CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

The provision of the Electronic Service specified in § 9 point 1 of these Terms and Conditions by the Service Provider is free of charge.

The agreement for the provision of the Electronic Service enabling an Order to be placed in the Store is concluded for a definite period and terminates at the moment the Order is placed or when the Service Recipient stops placing it.

Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- a computer (or mobile device) with Internet access,
- access to email,
- a web browser,
- Cookies and JavaScript enabled in the web browser.

The Service Recipient is obliged to use the Store in a manner consistent with the law and good practice, with respect for the personal rights and intellectual property rights of third parties.

The Service Recipient is obliged to enter data consistent with the actual facts.

The Service Recipient is prohibited from providing unlawful content.

§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

Complaints related to the provision of the Electronic Service via the Store may be submitted by the Service Recipient by email to: g.zawada@yahoo.pl.

The above email should include as much information and detail as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. This information will significantly facilitate and speed up the Service Provider's handling of the complaint.

The Service Provider shall process the complaint promptly, no later than within 14 days from the date it was submitted.

The Service Provider's response regarding the complaint is sent to the Service Recipient's email address given in the complaint notification, or by another method indicated by the Service Recipient.

§ 12 FINAL PROVISIONS

Agreements concluded via the Store are concluded in accordance with Polish law.

In the event of any inconsistency between any part of these Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of these Terms and Conditions.

Any disputes arising from Sales Agreements between the Store and Consumers will first be resolved through negotiations, with the intention of reaching an amicable settlement, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible, or would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.

Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be subject to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.

A Customer who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting, after the complaint procedure has been completed, an application to initiate mediation or an application for the case to be considered by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after completion of the complaint procedure is free of charge.

In order to resolve a dispute amicably, the Consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.