Internet Shop Regulations
Vanuba.com is an internet shop on the website: www.vanuba.com operated by Piotr Rusnak, company: Rusnak Piotr Rusnak, legal address: ul. Grel 91, 34-400 Nowy Targ, Poland, VAT no 735-100-12-53, hereafter: ‘Seller’.
e-mail:shop@vanuba.com
telephone: Phone: +48 728 334 189
I. General statements
Ordered goods and products are dispatched within Poland and EU countries:
1. All prices in the Internet Shop are in Polish zlotys and include VAT (gross rates)
2. Orders can be placed on the website: www.vanuba.com
3. The price shown with a product on placing an order is the price binding for the parties of a transaction.
4. All the products and goods in the Internet Shop are new and free of any defects and legal faults.
II. Sale conditions
1. Orders can be placed on and through the website:www.vanuba.com
2. Completion of an Order Form is required to place an order in the Internet shop. The required data include: given name, surname, address, telephone and the e-mail address where the confirmation of the order and its dispatch will be sent (‘Order Form’).
3. The client who has correctly filled an Order Form and thus placed an order becomes a Buyer according to these Regulations. The Regulations indicate which clauses and conditions are meant directly for the Clients who are consumers.
4. The Internet Shop staff confirm by e-mail the acceptance of any order by the Internet Shop.
5. The Seller reserves the right to reject an incorrect or incomplete Order Form whose faults make a completion of the order impossible.
6. Orders can be placed round the clock (24 hrs) except for brief service breaks.
7. Orders placed on Sundays or holidays will be carried out on the nearest working day.
8. The Buyer can cancel an order until the ordered goods are dispatched. The Buyer will be informed of the dispatch by e-mail. Cancellations can be made by telephone to the telephone number indicated above or the e-mail address: shop@vanuba.com. The cancellation e-mail must have a heading: “Cancellation of the order no.” The cancellation take effect if it reaches the Internet Shop before the dispatch of ordered goods. The cancellation may refer to either the whole order or its part. If payment has been made in advance, it will be returned to the Buyer’s banking account within 14 working days.
9. If the Seller cannot complete an order because ordered goods are not in stock, the Buyer will be informed thereof without delay, never later than within three working days, and an entire received payment will be refunded. The Seller can suggest a longer period for the completion of an order which the consumer can accept or decline. The Buyer can in such a case withdraw from a contract of sale.
10. Prices indicated with the offered products do not include shipment costs.
11. The total price incl. shipment costs (if any) will be indicated in the order summary of an Order Form.
12. Each shipment contains a proof of sale: a VAT invoice or a receipt in compliance with the Buyer’s decision in the Order Form.
13. In order to receive a VAT invoice the Buyer must indicate all the data required in the invoice. Inclusion of such details in an Order Form will be tantamount to the Bueyr’s consent to receive a VAT invoice without the recipients signature.
14. The consumer’s consent to supply data does not affect the Buyer’s right to withdraw from a contract of sale
15. The Seller will supply the confirmation of sale in paper form not later than on delivery. The confirmation includes:
1. cash-desk receipt,
2. extract from these Regulations and in particular:
2.1. information described in art. 12.1 of the act on consumer rights.
2.2. information concerning the consumer’s consent to supply digital data in a situation resulting in the loss of the right to withdraw from a contract.
III. Time and form of order completion
1. The goods ordered in the Internet Shop are delivered by parcel delivery (courier) services or by post.
2. The Internet Shop indicates shipment time as a period in days, according to the Civil Code. It is the period calculated from the acceptance of an order, through its conveyance to a parcel delivery company until delivery to the Buyer. An ordered will be delivered to the address indicated in an Order Form without delay and not later than within 30 days.
3. The seller informs the Buyer that, should the Buer select advance payment as the payment form (swift or standard money transfer and credit card payment) the delivery time is calculated from the date of the receipt of the payment in the Seller’s banking account.
IV. Form of payment
Payment can be made:
a) to a courier on delivery,
b) as an advance payment (by bank transfer) incl. Tpay and by credit card.
V. Delivery costs
1. The Buyer will pay shipment costs as indicated in the Price List at www.vanuba.com/delivery. on the website.
VI. Returns (withdrawal from contract of sale)
1. It is solely the buying consumer who has the right to withdraw from a contract of sale within 30 days without giving any reasons and without any charges by making an appropriate statement in writing. The statement should be sent within the indicated period.
2. The period for withdrawal from a contract commences on delivery date to a consumer or indicated third party.
3. A statement concerning withdrawal from a contract can be made in written form. Kindly send a signed letter along with the goods to the address of the Internet Shop.
4. The return described above is possible only for the goods and products in an unchanged condition except for the changes necessary for taking possession of the goods. The return can be made in original packaging, if the goods have been packaged. The goods should be duly protected.
5. The Seller will return all the payments made by the consumer incl. shipment costs within 14 days of the receipt of the statement of withdrawal from a contract of sale. The consumer is obliged to return the goods to the Seller without delay and not later than within 14 days of withdrawal from a contract. A shipment date within the required period is sufficient.
6. The Seller will return the payment in the manner used for original payment, unless the consumer expressly decides otherwise.
7. The Seller may withold repayment until the receipt of goods or proof of their shipment, whichever occurs first.
8. Should the consumer choose a manner of delivery other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to return the additional costs.
9. The consumer covers the shipment costs of returned goods.
10. The consumer is liable for the costs of diminished value of the goods that might result from their use other than unpacking and inspection.
11. On withdrawal from a contract concluded by the consumer outside of the company office all additional contracts made by the consumer become void if they pertain to the services offered by the company or third party in compliance with an agreement between them. The consumer is not liable for any resulting costs, except for the costs described in art. 33, 34.2 and 35 of the act on consumer rights. If an additional contract was concluded with a third party, the Seller will inform that party of the consumer’s withdrawal from the contract.
VII. Complaints and returns. Nonjudicial manner of considering complaints, returns and claims.
1. Complaints are considered on the basis of a proof of sale ( e.g. receipt or invoice) or another proof of conclusion of a contract of sale.
2. A complaint may be filed on a Complaint Form available on the shop website at www.vanuba.com
3. A complaint will be considered without delay, not later than within 14 calendar days of the receipt of questioned goods along with required documents to the Seller’s address.
4. The Seller’s warranty provides for physical defects that existed on transference of danger to the buyer or existed in the sold thing at that time.
5. If a sold thing has a fault, the Buyer can plead price reduction or withdraw from a contract, unless the Seller exchanges the faulty thing or removes the fault without delay and excessive inconvenience to the Buyer. This limitation is not applicable if the thing has already been exchanged or repaired by the Seller or the Seller has not fulfilled the obligation to exchange the thing or remove defects.
6. If the buyer is a consumer, the consumer can demand that the Seller should exchange the faulty product or remove defects, unless the removal of faults is impossible or would require excessive costs in comparison with a manner of redress offered by the Seller. An assessment of excessive costs comprises the value of a thing free of defects, kind and scope of confirmed defect and also considers any inconvenience that the other form of claim satisfaction would entail to the Buyer.
7. The reduced price should remain in such proportion to the contractual price as the value of the faulty thing remains to the value of a thing without defects.
8. The Buer may not withdraw from a contract if the defect is irrelevant.
9. If the sold thing has a fault, the Buer may require that the thing should be exchanged or the fault removed.
10. The Seller is obliged to exchange the faulty thing for a thing free of defects or remove the defect within a reasonable time and without undue inconvenience to the Buyer.
11. The seller may refuse to satify the Buyer’s demand if it is impossible to bring the faulty object up to the standards compliant with the contract in the manner demanded or, in comparison with the other manner of redress, it would prove excessively expensive. If the Buyer is an entrepreneur, the Seller may refuse to exchange the thing or remove its faults also when the costs of such action would be higher than the costs of the thing sold.
12. In the case of the Buyer who is not a consumer appropriate regulations concerning warranty obligations resultant from the Civil Code are applicable.
13. Notice of a fault (complaint) should contain a description of the defect, the date of its finding as well as the selected manner of removal of the fault.
14. In the case of the complaints concerning physical damage incurred in transport, an inspection report should be drawn up in a courier’s presence. Then the Buyer is requested to send the purchased product together with the report to the address of the Seller.
15. Specific and detailed information about non-judicial manners of claim and complaint settlement are to be found on the websites of consumer rights spokesmen and the institustions responsible for consumer protection such as: www.uokik.gov.pl/spory_konsumenckie.php. Acces to such procedures can be found at:
a) https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php,
b) www.uokik.gov.pl/wazne_adresy.php,
c) www.uokik.gov.pl/sprawy_indywidualne.php.
1. The consumer can obtain free assisstance in contentious matters between a consumer and seller from an appropriate local consumer rights spokesman’s office or organizations responsible for the protection of consumer rights.
16. The Network European Connsumer Centres can be helpful in finding a solution of an individual contentious matter and consumer complaint connected with foreign transactions. The addresses of such institutions can be found at www.konsument.gov.pl.
17. Among others a consumer has the following options in seeking non-juditial solution of disputes between a consumer and a seller:
a) a motion to the the District Commercial Inspector (Inspektor Inspekcji Handlowej) to start a non-judicial procedure to settle the dispiute,
aA motion to the arbitral court at the District Commercial Inspector’s (Wojewódzki Inspektor Inspekcji Handlowej) office to adjudicate a dispute resulting from a contract of sale.
A list of all the District Commercial Inspection offices and arbitral courts along with their address can be found at: www.uokik.gov.pl/wazne_adresy.php.
A list of the institutions offering help in non-judicial settlement of consumer disputes is available at www.uokik.gov.pl. Counsel in the contentious matters between a consumer and seller, and in particular in the case of foreign transactions, can be found in the office of the President of the Office for the Protection of Competition and Consumers.
1. A consumer can alo use an internet system of consumer dispute settlement (ODR platform) in accordance with the UE directive Nr 524/2013 of 21 May 2013 concerning an internet system of consumer dispute settlement, with later amendments. The European ODR platform is to help independent, impartial, transparent, effective and fair non-judicial settlement of contentious matters between consumers and sellers concerning internet transactions via the internet. The ODR platforms can be found at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=PL
Here is the seller’s e-mail address for contacts with consumers: shop@vanuba.com
18. It is possibile to use available non-judicial forms of contentious matters settlement only after the completion of a complaint and claim procedure, which is voluntary i.e both parties must express mutual consent to proceed in such a manner. The seller will always individually express or decline such consent for the non-judicial dispute settlement.
VIII. Protection of personal data
1. A completion of an Order Form is tantamount to a consent to process the Buyer’s personal data by the Seller as well as the Seller’s website administrator, with the Internet shop as its integral part, in compliance with the Act of 29 Aug. 1997 on the protection of personal data (Dz. U. z 2010 r. Nr 229, poz. 1497 with amendments). The Buyer’s personal data will be processed for the purposes of completion of an order including receipts, invoices and accounting records. The data are sensitive and will not be revealed to anuthorised parties.
2. The Buyer’s personal data are protected by the Seller in compliance wit the regulations of the above-mentioned act on the protection of personal data and will not be transferred, sold or revealed to other unauthorized parties, persons or institutions. The personal data of the Buyer will be used for the purposes of completion of a contract of sale of the goods referred to in these Regulations.
3. The administrator of the personal data i.e. the Seller is the only party that has access to the data.
4. KThe Buyer who has completed an Order Form has access to his/ her personal data for the purposes of their verification, modification or removal from the data base by written notice to the data administrator i.e. the Seller.
IX. Final remarks
1. The Regulations take effect on 26.01.2018
2. The owner of the internet shop reserves the right to change these Regulations through publication of an amended content on the internet shop website. Any amendments to the currently valid Regulations take effect 14 days after the publication of the new content on the internet shop website. Clients will be informed of the amendments by publication of the information of the amendments on the internet shop website (the notice will be displayed for at least 14 days) and by e-mail (for the clients who have given their e-mail address). The date of effectiveness of the new Regulations will be clearly stated in the notice. Changes to the Regulations will not apply to the clients who had made a purchase before the amendments were made, unless the amendments are beneficial to the client and the client accepts them.
3. All the used names of goods and products and their producers are used solely for commercial purposes and are the producers’ restricted trade marks.
4. Foreign clients are hereby advised that these Regulations are governed by the Polish law.
5. These Regulations can be found on the Internet Shop website www.vanuba.com in a form that allows saving them in the sellers IT systems.
