TERMS AND CONDITIONS OF THE vane.band ONLINE STORE
TABLE OF CONTENTS:
3. GENERAL PROVISIONS
4. ELECTRONIC SERVICES
5. SALES AGREEMENTS
10. RIGHT OF WITHDRAWAL
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM
The Vane Online Store cares for the rights of consumers. The Consumer cannot waiver the rights granted on the basis of the Consumer Rights Act. Any provisions of any agreements less favourable to the consumer than those in the Consumer Rights Act are null and void and corresponding provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not meant to exclude or limit any rights of Consumers granted on the basis of the provisions of the law in force. All possible doubts should be interpreted to the benefit of the consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the aforementioned regulations, the above regulations take precedence and shall be applied.
2.1. Terms and Conditions – the following Online Store Terms and Conditions.
2.2. Online Store – the Service Provider’s store available at: www.vane.band
2.3. Electronic Service – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website at: www.vane.band
2.4. Product – an item or object available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
2.5. Seller/Service Provider – Marcin Zdeb who carries out a business activity under the name “Chilli Art Studio” entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business activity: Ułanów 78/1, 31-460 Kraków Poland with the same service address, Tax ID: PL 684 250 54 65, e-mail address: firstname.lastname@example.org
2.6. Service User – (1) a natural person with full legal capacity and, in instances provided for by the provisions of law commonly applicable, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who uses or intends to use the Electronic Service.
2.7. Customer – (1) a natural person with full legal capacity and, in instances provided for by the provisions of law commonly applicable, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law bestows legal capacity – who has entered or intends to enter into a Sales Agreement with the Seller.
2.8. Account – Electronic Service, connected to an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the Service User in the Online Store.
2.9. Registration Form – an electronic form available at the Online Store which enables the registration (setting up) of an Account by the Service User.
2.10. Order – the declaration of will by a Customer submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
2.11. Order Form – an interactive form available in the Online Store which enables the placement of an Order, in particular by adding a Product to the electronic shopping cart and specifying the Sales Agreement terms, including the method of delivery and payment.
2.12. Sales Agreement – an Agreement concerning the sale of a Product concluded or pending conclusion between the Customer and the Seller via the Online Store website.
2.13. Working Day – one day from Monday to Friday excluding public (bank) holidays.
2.14. Civil Code – the Polish Civil Code Law of the 23rd of April 1964 (published in the Journal of Laws of 1964 no. 16, pos. 93 further amended).
2.15. The Consumer Rights Act (The Act) – the Polish Consumer Rights Act of the 30th of May 2014 (published in the Journal of Laws of 2014 pos. 827 further amended)
2.16. Newsletter – an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Online Store.
3. GENERAL PROVISIONS
3.1. The Online Store available at vane.band is operated by Marcin Zdeb who carries out a business activity under the name “Chilli Art Studio” entered into the Central Registry and Information on Business of the Republic of Poland (PL- CEIDG) kept by the competent minister of economy, with an address of business activity: Ułanów 78/1, 31-460 Kraków Poland with the same service address, Tax ID: PL 684 250 54 65, e-mail address: email@example.com
3.2. These Terms and Conditions apply to both consumers and entrepreneurs who use the Online Store unless a specific provision hereof states otherwise.
4. ELECTRONIC SERVICES
4.1. The Online Store provides access to the following Electronic Services: Account, Order Form and Newsletter.
4.1.1. Account – the use of the Account by the Service User is possible upon registration, which consists in three subsequent steps: (1) filling out the Registration Form, (2) clicking on the „Register an account” field and (3) confirming the creation of the Account by clicking on the confirmation link sent automatically to the e-mail address provided by the Service User. The Registration Form requires the Service User to provide the following data: name and surname, address, phone number, e-mail address and password. The creation of an Account is also possible during the placement of an Order – in this case the Account shall be created simultaneously with the placement of the Order. The Account Electronic Service is free of charge for an indefinite period of time. The Service User has the option to delete their Account at any time and without stating a reason (resignation from Account) by sending a request to the Service Provider, in particular via e-mail at the address: […] or in writing to the address: […]
4.1.2. Order Form – the use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) filling out the Order Form and (2) clicking on the “ORDER – Order with obligation to pay” button on the Online Store’s website. The Customer should provide the following data n the Order Form: name and surname/company name, address (street, house, apartment number, postal code, city, country), e-mail address, telephone number and information regarding the Sales Agreement: specific Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of an entrepreneur Customer (non-consumer) it is also necessary to provide the company name and Tax ID number. The Order Form Electronic Service is free of charge, single-use in nature and concluded upon placement of an Order via the Order Form or upon earlier discontinuation of placing the Order by the Customer.
4.1.3. Newsletter – the use of the Newsletter commences upon completion by the Service User of a total of three steps – (1) providing name and an e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab available at the Online Store’s website, (2) clicking on the „Subscribe” button and (3) confirming the Newsletter subscription by clicking on the confirmation link sent to the provided e-mail address. The Newsletter Electronic Service is free of charge for an indefinite period of time. The Service User has the option to unsubscribe from the Newsletter at any time and without stating the reason (resignation from the Newsletter) by sending a request to the Service Provider, particularly via e-mail at the address: […] or in writing at the address: […]
4.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and any third parties. The Service User is obliged to provide data which is true and accurate. The Service User is prohibited from uploading or providing content which is illegal in nature.
4.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, described in pts. 6 and 7 of the Terms and Conditions) can be submitted by the Service User in the following manner: (1) in writing to the address: ul. Ułanów 78/1 31-460 Kraków Poland; (2) electronically via e-mail at: firstname.lastname@example.org
4.4.2. The complaint description should include: (1) the subject of complaint – information and circumstances; especially the type and date of the occurrence of irregularity; (2) the Service User’s claim/request; and (3) contact data of the Service User. The above data will facilitate and expedite the investigation of the complaint by the Service Provider. The requirements stated in the preceding sentences should be interpreted as recommendations which do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
4.4.3. The Service Provider shall address the complaint without undue delay, no later than within 14 calendar days from the date of the submission thereof.
5. SALES AGREEMENTS
5.1. Conclusion of the Sales Agreement between the Customer and the Seller occurs upon the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to the procedure described in pt. 4.1.2 hereof.
5.2. Immediately after placement of the Order by the Customer, the Seller confirms its receipt and simultaneously accepts the Order for execution. The confirmation of the receipt of the Order and its acceptance for execution is effected by way of the Seller sending the Customer an e-mail message to the e-mail address provided by the Customer. The message shall contain at the least the Seller’s statement regarding the receipt of the Order and its acceptance for execution, as well as confirmation of the Sales Agreement conclusion. Upon the receipt of such message by the Customer, the Sales Agreement between the Customer and Seller is concluded.
5.3. The Product price visible on the Online Store’s website is given in Euros (EUR) or Polish Złoty (PLN) and includes taxes. During the placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement, the Customer is informed about: (1) the total value of the Product included in the Order and (2) the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined.
5.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer the message mentioned in pt. 5.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.
6.1. The following methods of payment related to the Sales Agreement are made available to the Customer by the Seller:
6.1.1. Payment via transfer to the Seller’s bank account:
6.1.2. Electronic and pay-card payments via PayPal.com service – up to date possible payment methods.
(1) Settlements of electronic and pay card payment transactions are carried out according to the Customer’s choice via PayPal.com service. Servicing of electronic and pay card payments is handled by:
(a) Paypal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
6.2. Regardless whether the Customer selects (1) electronic payment or (2) credit card payment the, Customer is obliged to effect the payment in any case within 3 calendar days of the date of entering into the Sales Agreement.
7.1. Unless provided otherwise in the Sales Agreement, delivery of the Product to the Customer is subject to a charge. The Product delivery costs (including transport, delivery and postal service charges) are made available to the Customer on the Online Store’s website during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
7.2. The Customer has the option to choose from the following Product delivery methods:
(1) Postal service.
(2) Courier service
7.3. The delivery deadline for the ordered Product(s) to the Customer is up to 20 Business Days depending on the delivery country, unless in the description of a given Product or during the placement of the Order a shorter deadline was indicated. In the case of Products with different delivery deadlines, the delivery deadline shall be determined by the longest time provided which may not exceed 20 Business Days. The starting point for delivery deadline calculation shall be as follows the crediting date of the Seller’s bank account or current account regardless of the fact whether the Customer selects payment via bank transfer, electronic or pay card payment.
8.1. The basis and extent of the Seller’s liability towards the Customer in case the Product sold has a physical or legal defect (warranty), are specified by the generally applicable laws, especially the Civil Code (including art. 556-576 of the Civil Code).
8.2. The Seller is obliged to provide the Customer with a Product without faults/defects.
8.3. A complaint can be submitted by the Customer in the following ways:
8.3.1. in electronic form via e-mail to the following address: email@example.com
8.4. The Customer’s complaint should include the following description: (1) the subject of the complaint – information and circumstances, in particular the type and date of occurrence of the fault/defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the Customers’s contact information. The above information will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentences should be interpreted as recommendations, which do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
8.5. The Seller shall address the complaint without undue delay, no later than within 14 calendar days from the date of submission thereof. If the Customer who is a consumer requests the Product exchanged or a fault/defect removed or sends the price reduction statement stating the new price, and the Seller does not respond to the complaint within the abovementioned period, it shall mean that the Seller has deemed the complaint as justified.
8.6. The Customer who exercises the rights under the warranty shall be obliged to deliver the defective/faulty Product at the expense of the Seller to the following address: ul. Ułanów 78/1, 31-460 Kraków. If, due to the nature of the Product or its composition, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
9.1. Detailed information regarding the possibilities of Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures is available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Regional Commercial Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
9.2. A Customer who is a consumer has the following options of extrajudicial methods of settling complaints and asserting claims:
9.2.1. The Customer is entitled to address the amicable consumers’ court referred to in art. 37 of the Commercial Inspection Act of 15th of December 2000 (published in the Journal of Laws of 2001, no. 4 pos. 25 further amended) with an application to settle a dispute resulting from the Sales Agreement concluded with the Seller. The details of the organization and functioning of amicable consumers’ courts are specified in the decree of 25th of September 2001 issued by the minister of justice on the definition of rules of organization and operation of amicable consumers’ courts (published in the Journal of Laws of 2001, no. 113, pos. 1214).
9.2.2. The Customer is entitled to address the regional inspector of the Commercial Inspection authority in accordance with art. 36 of the Commercial Inspection Act of 15th of December 2000 (published in the Journal of Laws of 2001 no. 4 pos. 25 further amended) with an application to institute a mediation proceeding regarding the amicable settlement of a dispute between the Customer and Seller. Information regarding the rules and procedures of mediation conducted by the regional inspector of the Commercial Inspection authority is available at the offices or on the websites of respective Commercial Inspection Regional Inspectorates.
9.2.3. The Customer may receive free of charge aid in the matter of settling a dispute between the Customer and the Seller, using the free of charge aid of the district (municipal) consumer advocate or a social organization, whose statutory tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided by the Consumers’ Federation under the free of charge consumer hotline number 800 007 707 and by the Polish Consumers’ Association at the e-mail address firstname.lastname@example.org.
10. RIGHT OF WITHDRAWAL
(APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)
10.1. A Consumer who entered into an agreement remotely is entitled to withdraw from the agreement within 14 calendar days without stating a reason and without incurring any costs, with the exception of costs of the delivery of the Products. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:
10.1.1. in electronic form via e-mail at the address: email@example.com
10.2. The course of the term to withdraw from the agreement begins:
8.3.1. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;
8.3.2. for other agreements – on the agreement conclusion date.
8.4. In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other, than the least expensive regular method of delivery offered by the Online Store). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.
8.6. The Consumer shall without delay, no later than within 14 calendar days from the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires. A consumer may return the Product at the address: ul. Ułanów 78/1, 31-460 Kraków Poland
8.7. The Consumer bears responsibility for degradation of a Product’s value as a result of its use beyond the scope necessary to determine the Product’s nature, features and functioning.
8.8. Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:
8.8.1. If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.
8.8.2. The Consumer bears the direct costs of Product return.
8.8.3. In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.
8.9. The right to withdraw from an agreement concluded remotely does not apply in the case of:
8.9.1. (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3) agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service users who are not consumers.
9.2. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
9.4. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
9.5. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
9.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.
9.7. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
9.8. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited – both within a single claim, as well as for any claims in total – to the amount of the price paid and the cost of delivery in respect of the Contract for Sale, but not more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be accountable to the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be held accountable for lost profits to the Service Recipient/Customer who is not a consumer.
9.9. Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are drawn up in Polish.
10.2. Amendment of Terms and Conditions:
10.2.1. The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in methods of payment and delivery – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions.
10.2.2. In the event of the conclusion of perpetual agreements based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384 of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
10.2.3. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
10.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Agreements concluded before the 24th of December 2014 with consumer Customers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales agreements concluded after the 25th of December 2014 with consumer Customers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.
11. MODEL WITHDRAWAL FORM
Model withdrawal form
(This form must be completed and returned only if you wish to withdraw from the Sales Agreements)
Chilli Art Studio
NIP: 684 250 54 65
– I hereby inform of my withdrawal from the Sales Agreement of the following Products / agreement for the provision of the following Services(* )
– Date of the conclusion of the Agreement
– Date of reception of Products(*)
– Name of Customer
– Address of Customer
– Signature of Customer (only in case if this form is sent by letter)
(*) Delete as appropriate.