I. Definitions§ 1
In these Terms and Conditions of the vero.pl online shop, hereinafter referred to as “Terms and Conditions”, the following terms shall have the following meaning: a. “Seller” – Vero sp. z o.o. with its registered office in Dobrodzień, ul. Oleska 35, 46-380 Dobrodzień, entered in the Register of Entrepreneurs of the National Court Register under KRS no. 0000078910, whose registration files are kept in the District Court for the city of Opole, VIII Economic Division; share capital amounting to: 50,000.00; NIP: 5761449532; REGON: 532230449; e-mail: email@example.com; tel. 34 35 29 292. b. “Shop” – the online shop located on the website https://vero.pl/ and its subpages, c. “Buyer” – any person who has concluded an agreement with Vero sp. z o.o. for the creation of an account in the Shop or who has placed an order without concluding an account; this term also means a person who does not have an Account and is in the process of placing an order, d. “Account” – the Buyer’s account created by the Buyer in the Shop in accordance with the rules set out in the Rules, e. “Consumer” – a person defined in the provision of Article 221 of the Civil Code, f. “Entrepreneur” – a Buyer who has entered into an agreement to create an Account or has placed an order for purposes directly related to his/her professional or business activity. g. “Sole Proprietor” – a natural person concluding, within the Shop, with the Seller a contract directly related to his/her business activity, when it is clear from the content of this contract that it does not have a professional character for this person.
II. II. General provisions§ 2
The Rules and Regulations specify the principles of electronic provision of services by the Seller to the Purchasers, which consists in enabling them to: conclude online sales agreements of goods from the Store’s assortment for prices given on relevant subpages of the Store and create their Account. The provisions concerning single-person PBs apply to agreements concluded by this group of Purchasers with the Seller from 1 January 2021.
The content presented on the pages of the Store, in particular advertisements, price lists and other information is not an offer within the meaning of Articles 66 and 66(1) of the Civil Code, but an invitation to make an offer.
Prices of goods in the Store’s assortment are expressed in Polish zloty and include VAT. The Seller may modify the Store’s assortment, product prices, conduct and cancel promotional campaigns. Modifications shall not affect contracts for the sale of individual goods already concluded with the Purchasers.
Purchases in the Store may be made without setting up an Account or after setting up an Account.
1. In order to use the Store, it is not necessary to meet any specific technical requirements by a computer or other device of the Buyer. It is sufficient: access to the Internet, having an e-mail address and a standard operating system and web browser.
II. Creating an Account§ 71.A person wishing to conclude an agreement with the Seller for creating an Account should click on the “Register” button. The form contained therein is the Seller’s offer to the future Buyer to conclude an agreement for the creation of an Account. 2.Subsequently, the above form should be filled in and the following should be provided: first name, surname, telephone number, e-mail and password. In the case of filling in the form when placing an order a. by an individual: it will be necessary to provide his address data as well, b. by an entrepreneur: it will be necessary to provide his address and Tax Identification Number as well. 3) It is prohibited to add any unlawful content to the form, in particular false data. 4th Clicking on the button “Register” or finalizing the order combined with creating an Account, sends the registration form to the Seller and is tantamount to acceptance by the person creating the Account of the Seller’s offer referred to in the provision of the first paragraph of this paragraph. At this point in time, the contract for creating an Account is concluded between the Seller and the person who filled in the registration form. (5) If the Buyer is a consumer or a sole proprietor, the Buyer shall have the right to withdraw from the Agreement for Account Creation without stating reasons within 14 days of its conclusion, i.e. from the moment referred to in the provision of the fourth paragraph of this section. The provisions of § 14 paragraphs 2-4 shall apply accordingly.
§ 8The Seller recommends that the Purchaser carefully store his/her login data in the Store, so that no unauthorised persons gain access to such data.
§ 9After creating an Account, the Buyer shall be able to: edit his data, place orders and view the status of orders.
IV. Placing an order§ 10Goods are sold on the basis of orders placed by the Buyer. The Buyer shall have the option of placing an order after logging into the Account or without such log-in after providing all the necessary data for the order to be processed.
§ 111. In order to conclude a sales contract with the Seller, the Buyer should select the goods and click on the button “Add to cart”.
2. After adding the goods to the shopping cart, the Buyer has the option to remove them or add more, as well as choose the method of payment and delivery (if there is the possibility of choosing a form of delivery for the selected goods). Then click on the “Place order” button. 3.
3. If the Buyer does not have an Account, he may create one or use the option “Order without creating an Account” and provide the data necessary to complete the order. If the Buyer chooses to place an order without creating an Account, then it is necessary to provide the data indicated in the form in order to place the order. If the Buyer has an Account, then they should log into it.
4. The order summary is then displayed. The total amount to be paid, i.e. including the price of the goods, delivery costs and the selected payment method, will be displayed in the “To be paid” section. Then click on the “Buy and pay” button.
5. The goods indicated in the summary, together with their quantity, prices, as well as delivery and payment costs, constitute an invitation sent to the Buyer by the Seller to submit an offer to conclude a sales contract for these goods. By clicking on the “Buy and pay” button, the buyer makes an offer to the Seller to conclude the aforementioned contract. The Seller sends an e-mail confirming receipt of the offer from the Buyer. In a subsequent e-mail message, the Seller will inform the Buyer of the acceptance or refusal of the Buyer’s offer. Upon receipt by the Buyer of an e-mail message from the Seller with information on the acceptance of the Buyer’s offer, a contract for the sale of goods indicated in the offer made by the Buyer comes into effect.
6. W przypadku wyboru sposobu płatności: „Płatność drogą elektroniczną”, Kupujący po kliknięciu przycisku „Płacę” zostanie przekierowany na stronę podmiotu realizującego płatności internetowe. Realizacja płatności odbywa się na podstawie regulaminu dostępnego na stronie podmiotu realizującego płatności internetowe. W przypadku odmowy przyjęcia oferty Kupującego, płatność dokonana z góry jest w całości mu zwracana.
§ 121. The date and method of delivery of the goods are specified each time an order is placed. The following payment methods are available: traditional bank transfer, payment on delivery and electronic payment, instalment payment system (described in detail at http://vero.pl/raty. The form of delivery is by courier.
2. The buyer should make payment within 7 days of the conclusion of the sales contract, unless he has chosen the payment method: – upon receipt – in which case it should be made upon receipt of the goods, – in the instalment payment system – in which case it should be made in accordance with the credit agreement. If he has chosen the method of payment on delivery, the Seller has the right to oblige the Buyer to make an advance payment amounting to 20% of the price of such product. Such a commitment may be made in writing or in document form, including by e-mail or through the system for placing orders in the Shop. If such a commitment is received, the Buyer shall make the down payment within 7 days. The remainder is payable on delivery.
3. Deliveries are carried out on the territory of the Republic of Poland.
4. Costs associated with the delivery of goods shall be borne by the buyer.
5. Delivery time of the goods depends on their availability indicated on the product card (from 3 working days to 8 weeks). Delivery will take place within 72 hours to 14 working days from the time the order is completed and ready for dispatch.
6. Delivery of goods, depending on the available variant, includes delivery of furniture to the indicated address (without lifting) or – in the extended variant – also includes the service of lifting the furniture to the room indicated by the Buyer, their assembly and removal of packaging and protection of goods to a place designated for this purpose by the Buyer.
7. The Seller recommends that the Buyer examine the condition of the consignment immediately after its delivery.
§ 131. The order is accompanied by a sales document that complies with tax regulations.
2. The Purchaser agrees to use the Seller in settlements of electronic invoices within the meaning of the Act of 11 March 2004 on tax on goods and services.
V. Returns and Complaints§ 141.If the Buyer is a Consumer or a sole proprietor, then the Buyer has the right to withdraw from the contract of sale concluded with the Seller, without giving reasons, within 14 days from the day on which the Buyer came into possession of the goods or on which a third person, other than the carrier and indicated by the Buyer came into possession of the goods. If the subject of the contract is a number of items which are delivered separately, this period expires 14 days after the day on which the Buyer has taken possession of the last item or on which a third party other than the carrier and indicated by the Buyer has taken possession of the last item.
2. In order to exercise the right of withdrawal, the Buyer should inform the Seller of his decision to withdraw from the contract by an unequivocal statement (for example, made in writing sent by post or e-mail to the Seller’s address given in the provision of § 1(a) of the Terms and Conditions).
3. The Buyer may use the model withdrawal form provided by the Seller, but it is not mandatory.
4. To meet the deadline for withdrawal, it is sufficient for the Buyer to send information on exercising his right of withdrawal before the expiry of the deadline for withdrawal.
5. In the event of withdrawal from the contract, the Seller shall reimburse to the Buyer all payments received from the Buyer (except for the additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case not later than 14 days from the day of receipt of the Buyer’s statement of withdrawal. The Seller shall refund the payment using the same means of payment as those used by the Buyer in the original transaction, unless the Buyer has expressly agreed to a different solution and it does not involve additional costs for the Buyer.
The Seller may withhold reimbursement until it has received the item or until it provides proof of return, whichever event occurs first.
The Buyer shall send back or hand over the item to the Seller without delay and in any case not later than 14 days from the day on which he has informed the Seller of his withdrawal from the contract. The deadline is met if the Buyer sends the item back before the expiry of the 14-day period. The Seller recommends that the Buyer packs the returned goods in a suitable manner to protect them from damage during transport.
The buyer shall bear the direct costs of returning the goods. The Seller may, at the Buyer’s request, assist in arranging the return of the goods by indicating to the Buyer a transport company that can deliver the returned goods to the Seller.
The Buyer shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
10. The right of withdrawal shall not be entitled to the Buyer in relation to the contract in which the subject of performance: a. is a non-refabricated thing, produced to the specifications of the Buyer or serving to meet his individual needs, b. are things which, after delivery, due to their nature, are inseparably combined with other things, c. are things which, after delivery, are inseparably combined with other things.
§ 151. The seller informs that he is obliged to deliver goods free of defects.
2. Complaints concerning the provision of electronic services by the Seller or concerning the purchased goods may be submitted in writing to the Seller’s address given in the provision of § 1 letter a, by e-mail to the following e-mail address: firstname.lastname@example.org or in person for the record at the Seller’s registered office specified in provision § 1 letter a.
3. The complaint shall include: order number (or other data allowing for its identification), contact details of the Purchaser to respond to the complaint and a description of the event giving rise to the complaint.
The Seller shall respond to complaints within 14 days of their receipt.
VI. Duration of the account agreement§ 16The agreement with the Buyer for creating an Account shall be concluded for an indefinite period of time.
§ 17The Buyer may terminate the Agreement for Account Creation at any time with immediate effect by sending a notice of termination to the Seller’s address as stated in § 1a or by e-mail to email@example.com.
VII. Amendments to the Rules of Procedure§ 181. The Seller has the right to unilaterally amend the Terms and Conditions on the principles set out in the provisions of this paragraph and only in case of occurrence of one of the following reasons: a. introduction by the Seller of new services, related to the Shop, b. changes in delivery or payment methods, c. modification of the shopping path, d. change of law, which makes it necessary to adapt the provisions of the Terms and Conditions to them, in particular changes in the provisions on: consumer protection, provision of services by electronic means, protection of personal data, if this reason occurs, the Terms and Conditions may be amended to the extent necessary to adapt their content to the new legal requirements.
2. In the case of the occurrence of one of the above-mentioned reasons, the Seller will send to the Buyers, to the e-mail addresses provided by them in the Store, information about the planned change to the Terms and Conditions, together with the content of the new Terms and Conditions. The information will be sent to Buyers at least 14 days before the planned changes come into effect.
3. A Buyer who does not accept the planned changes may terminate the agreement for creating an Account pursuant to the provisions of § 17 of the Rules and Regulations. If the Buyer does not terminate the contract for creating an Account before the date of entry into force of the new version of the Rules and Regulations, then the new version of the Rules and Regulations shall become binding for the Buyer on the date indicated as the effective date of the new version of the Rules and Regulations.
VIII. Provisions not applicable to consumers and sole proprietors§ 19The provisions of Part VIII of these Terms and Conditions shall apply only to Buyers who are entrepreneurs within the meaning of Article 431 of the Civil Code, hereinafter referred to as “Entrepreneurs”. They do not apply to Consumers and sole proprietors.
§ 20The Seller shall be entitled to withdraw from a sales contract concluded with an Entrepreneur within 14 days from its conclusion. Such withdrawal may be made without giving any reason and does not give rise to any claims on the part of the Entrepreneur against the Seller.
§ 21The Seller has the right to limit the available payment methods for Entrepreneurs, including requiring prepayment in full or in part, regardless of the payment method selected by the Entrepreneur.
§ 221. Once the Seller issues the goods purchased by the Entrepreneur to the carrier, the benefits and burdens associated with the goods and the risk of accidental loss or damage pass to the Entrepreneur. In such a case, the Seller shall not be liable for loss, damage or impairment of the goods from the time of their receipt until their delivery to the Entrepreneur and for any delay in delivery.
2. At the time of receipt of the goods, the Entrepreneur is obliged to inspect the consignment in the time and manner usual for consignments of this type. If he ascertains that the consignment has suffered a loss or damage during transport, he is obliged to take all steps necessary to establish the liability of the carrier.
§ 23The Seller’s liability towards the Entrepreneur, regardless of its legal basis, is limited – both for a single claim as well as for all claims in total – to the amount of one thousand zlotys. However, the Seller’s liability for the Entrepreneur’s lost profits is excluded in full.
§ 24Any disputes arising between the Seller and the Entrepreneur shall be settled by the common courts of law having jurisdiction over the Seller.
IX. Final provisions§ 251. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for defects with respect to goods purchased by the Entrepreneur is excluded. This exclusion also includes, in accordance with Article 556(4) in conjunction with Article 558 § 1 of the Civil Code, sole proprietors.
2. For the avoidance of any doubt, the Seller emphasises that the provision of the above paragraph shall not apply to Consumers.
§ 26During the use of the Shop and correspondence with the Seller, it is prohibited to provide unlawful content.
§ 27We would like to inform that at the address http://ec.europa.eu/consumers/odr/ there is a platform of the Internet system of dispute resolution concerning contracts concluded at a distance between consumers and traders. The platform is an access point for consumers and entrepreneurs who would like to use out-of-court settlement of consumer disputes concerning online transactions.
§ 28The Terms and Conditions are available at the Seller’s registered office and at http://vero.pl/regulamin . Downloadable PDF version of the Terms and Conditions: download Model withdrawal: download Existing Terms and Conditions of 17.06.2020.