Statute of the Internet Store
Definition of the Seller
- The owner of the store is:
Ventio Spółka z ograniczoną odpowiedzialnością in Poznaniu on the street Święty Marcin 29/8
NIP EU (VATIN): PL7831736546
REGON (National Business Registry Number): 36354497700000
SThe company is registered in the National in the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Companies House, under KRS number 0000597612, Share capital 5 000 zł
Tel. + 48 530 838 838
- The Online Store [hereinafter: Store] is leading a trade via the Internet on the base of this Statute [hereinafter: Statute].
- Consumer [hereinafter: Customer] is a natural person which is taking the legal acts with the Store and these actions are not directly related to its business or professional activity. (Civil Code Art. 22)
- Entrepreneur [hereinafter: Entrepreneur] is a person / an entity / an organization which is taking the legal acts with the Store and the actions are related to its business and professional activity.
- The Statute is an integral part of the contract of sale which is contracted with the Customer / Entrepreneur.
- The publicized prices in the Store are gross prices. (VAT included).
- The goods available in the Store are free from physical and legal defects. The exception forms the goods displayed at auctions of the Store. They have clearly marked defects which are described in the description of a product. These items can be purchased at a lower price.
- Orders can be placed in the following ways:
- Via the entry form available on the Store’s website (customer’s basket/trolley),
- Via e-mail address available on the Store’s website.
- Providing by Customer / Entrepreneur all needed data which allow to verify the Customer / Entrepreneur and the consignee of the goods is the condition of the execution of the order. The Store confirms an acceptance of the order by sending a message on the e-mail address which was specified during making an order. The acceptance contains a description of the ordered goods. The Store has the right to refuse orders, to limit the ways of payment or to require a down payment if the order opens to doubts respecting the veracity and the reliability of the provided data or of the method of payment.
- The parties are bounded by the information which is given on the Store’s website at the moment of making an order. In particular: the price, the product description, product features, elements included in the kit, timing and methods of delivery.
- The information on the Store’s website does not form an offer in the meaning of the Civil Code. Customer / Entrepreneur by making an order makes a purchasing offer of a particular product.
- The Customer / Entrepreneur by making an order makes an offer of entering into a sale contract of the ordered products.
- After making an order there is sent a message to given e-mail address with information about the next steps of the contract’s processing::
- After verification of the order, the Store sends an information about the acceptance of an order to the e-mail given by the Customer / Entrepreneur. The information about the acceptance of an order is a Seller’s statement of an acceptance of the offer referred to in §3 paragraph 5 above and when the message is provided it means that the sale contract is concluded.
- After concluding the sale contract, the Store confirms its terms, by sending message to the Customer’s / Entrepreneur’s e- mail address or in writing to the address indicated by the Customer / Entrepreneur (during making an order).
- In case of the payment by bank transfer, the completion date will start with the date of entering of the cash to the bank account of the Store.
- The Store is responsible in front of the Customer / Entrepreneur on the base of the law of warranty which is regulated by the Civil Code of 23 April 1964. (Journal of Laws No 16, pos. 93, with amendments) for 24-month-period (in the case of new ones), or for a period of 12 months (in case of all second-hand goods). The exact description of the complaints procedure is in § 6 of this Statute.
- The Customer / Entrepreneur has a choice of payment methods:
- electronic payment via the PayU SA (Electronic) in Poland,
- electronic payment via PayPal
- payment via bank transfer (a down payment),
- Prices of sending items are specified in the summary of the order.
- The condition of sending goods is a payment for all goods and shipping.
Shipping of the goods
- The Store sends the ordered goods via courier, Polish Post, InPost company or makes them available to collect in person at the headquarter of the Store.
- In the case of nonconformity of goods with the contract, the Customer / Entrepreneur should return the goods to the Store with a description of the non-compliance.
Shipping costs are paid by the Customer / Entrepreneur. Bellow there is an address to which the Customer / Entrepreneur shall return the goods:
Ventio Sp. z o.o.
ul. Poznańska 22/217
64-300 Nowy Tomyśl
- The Store will entertain to Customer’s / Entrepreneur’s complaints within 14 days from the date of returning the goods with a description of noncompliance.
- When the realization of a justified complaint involves sending to the Client / Entrepreneur a new product or eliminating noncompliance, all costs are borne by the Store.
- In case of acceptance of the complaint the Store returns costs of product’s shipment to the Customer / Entrepreneur.
- Each Customer / Entrepreneur may benefit from non-judicial means of considering the complaints and settlement of claims. In this case, it is possible to use a mediation by the Customer / Entrepreneur. The list of permanent mediators and present mediation centers are communicated and made available by the Chairmen of appropriate District Courts.
- A boilerplate of the complaint is attached as an “Appendix 2” to this Statute.
- The Store is responsible in front of the Customer / Entrepreneur on the base of the law of warranty which is regulated by the Civil Code of 23 April 1964. (Journal of Law No 16, pos. 93, with amendments) for 24-month-period (in the case of new ones), or for a period of 12 months (in case of all second-hand goods).
- If the defects occurs, The Customer / Entrepreneur may request from the Store (within the law of warranty)
- the exchange of goods for new ones;
- the repair of the goods;
- the price reduction;
- to contract out – if the defect is important
- The Store will entertain to Customer’s / Entrepreneur’s requires within 14 days from the date of delivering the requests. The Customer’s / Entrepreneur requests will be considered with taking into account the following circumstances:
- easiness and speed of changing or repairing the goods;
- nature of the defect – important or unimportant;
- whether the goods were previously reclaimed.
- The Store may refuse Customers’ / Entrepreneurs’ requests concerning the exchange or repairing the goods under the condition that the exchange or repairing the goods is impossible to achieve (ex. due to a cease-production of determined parts or of whole goods), or in comparison with other possible requests it requires excessive costs (ex. a request to replace the entire device to a new one, when a damage concerns one element of low value.). In this case, the Store proposes an alternative solution.
Right of contracting out
- On the base of the Law of Consumer Rights dated 30 May 2014 the Customer has the right to contract out without giving a reason.
- The right of contracting out is effective if the Customer returns goods within 14 days from the delivery date with a statement of contracting out. To keep the date, the Customer has to make a statement before passing 14 days. The declaration may be made on the form, or by email: email@example.com
- The customer returns the products within 14 days of the making a declaration of contracting out at his own expense.
- Within 3 working days of shipment’s delivery, the Store will check the condition of the returned product.
- The Store returns the funds using the same method of payment, which was used by the customer. In case of payment by credit card the return of costs is made on the card.
- If the customer chose a way of a delivery other than the cheapest offered by the Store, the Store won’t return to the Customer any additional borne costs. The Store will only return to the Customer the cost of the cheapest shipment of the item.
- The Customer covers all direct costs of returning items (ex. packaging costs, costs of security, costs of postage).
- The right of contracting out is not entitled to the Customer in the following cases of contracts:
- When the matter of the contract is a non-prefabricated item, which was manufactured according to customers’ specifications or which serves to meet the individualized needs (ex. tailored and personalized clothes);
- for the supply of digital content which is not registered on a material data carrier if the rending of the benefits began with courtesy of the Customer before the deadline of contacting out and after having been informed by the Store about the loss of the right of contracting out;
- if sound or visual tracks are the subject of the contract.
- If computer software tracks are the subject of the contract and the sealed wrap was open after the delivery
- If the subject of the contract is delivered in a sealed wrap, and after the opening the package it can not be returned due to health protection or hygiene reasons, if the wrap was unsealed after delivery;
- Of providing services if the Store provides a full service with the courtesy of the customer, who had been informed before the begging of providing the service about the loss of the right of contracting out after having services provided;
- When the price or compensation depends on fluctuations on the financial market over which the Store has no control, and which may occur before the deadline of contracting out;
- if the subject of the contract is an item which rapidly decay or has a short use-by-date;
- if the subject of the contract is an item which after the delivery, due to its character, are inextricably joined with other things;
- if the subject of the contract there are: alcoholic beverages, and their price of which has been agreed at the moment of contracting the sale contract and the supply of which can only take place after 30 days and the value of which depends on fluctuations on the market, over which the trader does not control;
- if the Customer demanded to come in order to make urgent repairs or maintenance (if the Store provides additional services other than those which complying was demanded by the Customer or provides things other than the necessary parts for repairing or maintenance, the right to contract out shall be entitled to the Client in case of additional services or things);
- delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
- which were contracted on the base of a public auction;
- of providing services of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure activities, event entertainment events, sports events or cultural events, if in the contract there was marked a day or period of providing the service.
- The right to contract out without giving any reason is not entitled to Entrepreneurs.
- The use of any material published on the Store website (including pictures and descriptions of goods) without the written consent of the Store is prohibited.
- By making an order the Customer agrees to the processing of personal data solely for the purpose of the contract.
- The processing of personal data take place in accordance with the Act dated on 29August 1997 about Personal Data Protection (Journal of Laws of 2002. No. 101, pos. 926, with amendments).
- The Customer has the right to access his personal data and correct them, to request to cease processing and to oppose of using them.
- In order to use the online store, including: looking through the assortment, ordering products, it is necessary to:
a) terminal device (ex. a computer, tablet, smartphone) with an access to the Internet and web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
b) an active e-mail account (e-mail);
c) enabled Java scripts;
d) acceptance of the usage of cookies (required in order to make an order).
Enforcement and amendments of the Statute
- The Statute goes into effect with the date of publication on the Store’s website.
- This Statute may be changed.
- Amendments of the rules will be published on the Store’s website.
- Information about changes in the Statute will be sent to the Customers / Entrepreneurs to the e-mail address given in the order.
- Amendments of the rules goes into effect after 14 days from the date of their publication in the way specified in paragraph. 3.
- The Store acknowledges that Customers / Entrepreneurs have accepted the changes of the rules, if they don’t contract out the agreement until the end of the period which is specified in paragraph. 5.
- In matters not regulated by this Statute there is applicable Polish law, in particular the provisions of the Civil Code and the Act dated on 30 May 2014 About Consumer rights.