Online Store Terms and Conditions - www.vaporshop.pl

I. General Provisions

These Terms and Conditions define the general conditions, method of providing Services electronically, and sales conducted via the Online Store www.vaporshop.pl. The store is operated by ULTI-PRO LIMITED LIABILITY COMPANY, KRS 0001077462, NIP 6423249810, REGON 527382746, hereinafter referred to as the Seller.

  1. Contact with the Seller is possible through: a. Email address: sklep@vaporshop.pl; b. Phone number: +48 793936707; c. Contact form available on the Online Store pages; d. Chat available on the store's webpage.

  2. These Terms and Conditions are continuously available on the website www.vaporshop.pl, in a manner that allows its acquisition, reproduction, and fixation of its content by printing or saving on a carrier at any time.

  3. The Seller informs that using the Services provided electronically may involve a risk on the part of every Internet user, related to the possibility of introducing harmful software into the Client's teleinformatics system and obtaining and modifying his data by unauthorized persons. To avoid the risk of threats, the Client should use appropriate technical measures that will minimize their occurrence, especially antivirus programs and a firewall.

II. Definitions

Terms used in the Regulations mean:

  1. Working days – these are days from Monday to Friday excluding public holidays;

  2. Client – a natural person who has full capacity to perform acts in law, a natural person conducting business activity, a legal person, or an organizational unit not being a legal person, to which special provisions grant legal capacity, making an Order within the Online Store or using other Services available in the Online Store;

  3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

  4. Account – a part of the Online Store assigned to a given Client, through which the Client can perform specific actions within the Online Store;

  5. Consumer – a Client who is a consumer within the meaning of Art. 22[1] of the Civil Code;

  6. Entrepreneur - a Client who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;

  7. Regulations – this document;

  8. Goods – the product presented in the Online Store, other than Medical Device, the description of which is available with each of the presented products;

  9. Sales Agreement – Sales Agreement of Goods or Medical Devices within the meaning of the Civil Code, concluded between the Seller and the Client;

  10. Services – services provided by the Seller to the Clients electronically within the meaning of the Act of July 18, 2002, on providing services electronically (Journal of Laws No. 144, item 1204, as amended);

  11. Consumer Rights Act – Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827);

  12. Act on Providing Services Electronically – Act of July 18, 2002, on providing services electronically (Journal of Laws No. 144, item 1204, as amended);

  13. Regulation on Medical Devices – Regulation of the European Parliament and of the Council (EU) 2017/745 of April 5, 2017, on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (Official Journal of the European Union L. of 2017, No. 117, p. 1, as amended);

  14. Medical Device – a device within the meaning of Art. 2 point 1 of the Regulation on Medical Devices;

  15. Order – a declaration of will of the Client aiming directly at concluding a Sales Agreement, specifying in particular the type and number of the Goods or Medical Devices.

III. Principles of using the Online Store

  1. Using the Online Store is possible provided that the teleinformatics system used by the Client meets the following minimum technical requirements: a. A computer or mobile device with Internet access, b. Access to electronic mail, c. Internet browser Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x or newer, d. Enabling in the web browser Cookies and Javascript.

  2. Using the Online Store means any Client's activity that leads to him getting acquainted with the content contained in the Store.

  3. The Client is obliged in particular to: a. Not provide and not forward content prohibited by law, e.g., content promoting violence, defamatory, or violating personal rights and other rights of third parties, b. Use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices, c. Not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store, d. Use the Online Store in a way not burdensome for other Clients and for the Seller, e. Use any content posted within the Online Store only for personal use, f. Use the Online Store in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Regulations, and with the general principles of using the Internet.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

  2. The service of running an Account in the Online Store is available after registration. Registration takes place by filling out and accepting the registration form, provided on one of the pages of the Online Store. The agreement for the provision of the service consisting of running an Account in the Online Store is concluded for an indefinite period and terminates upon the Client sending a request to delete the Account or using the "Delete Account" button.

  3. The Client has the possibility to receive commercial information from the Seller in the form of messages sent to the provided email address of the Client (Newsletter service). For this purpose, it is necessary to provide a correct email address or activate the appropriate field in the registration form or the Order form. The Client can withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter service is concluded for an indefinite period and terminates upon the Client sending a request to remove his email address from the Newsletter subscription or opting out using the link found in the content of the message sent as part of the Newsletter service.

  4. The Client has the possibility to send messages to the Seller using the contact form. The agreement for the provision of the service consisting of making an interactive form available enabling Clients to contact the Seller is concluded for a defined period and terminates upon sending the message by the Client.

  5. The Client has the possibility to post individual and subjective statements related to the Goods, Medical Devices, or the course of the transaction in the Online Store. By adding statements, the Client declares that he has all rights to these contents, in particular intellectual property rights, related rights, and industrial property rights. The agreement for the provision of the service consisting of posting opinions about Goods or Medical Devices in the Online Store is concluded for a defined period and terminates upon adding an opinion.

  6. Statements should be formulated clearly and understandably, moreover, they cannot violate the applicable legal provisions including third-party rights – in particular, they cannot be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.

  7. By posting statements, the Client agrees to the free use of this statement and its publication by the Seller, as well as to make works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).

  8. The Client has the possibility to contact the Seller via chat available on the Store's webpage. The agreement for the provision of the service consisting of making an interactive chat available enabling Clients to contact the Seller is concluded for a defined period and terminates upon closing the chat window by the Client or leaving the Online Store webpage.

  9. The Client having an Account, after logging in, has the possibility to add Goods or Medical Devices to the wishlist. The agreement for the provision of the service consisting of adding Goods or Medical Devices to the wishlist is concluded for a defined period and terminates upon removing the Goods or Medical Devices from the wishlist or ending the browser session by the Client.

  10. The Client has the possibility to compare Goods or Medical Devices using the Add to compare service. The agreement for the provision of the service consisting of comparing Goods or Medical Devices is concluded for a defined period and terminates upon removing the Goods or Medical Devices from the comparison list or ending the browser session by the Client.

  11. In the case of Goods or Medical Devices not available in the Seller's warehouse, the Client has the possibility to receive a notification when the Goods or Medical Devices will be available again, via the "Notify of availability" service. Providing the Service is possible by indicating an email address to which the notification should be sent. The agreement for the provision of the service consisting of selecting the notification option about the availability of Goods or Medical Devices is concluded for a defined period and terminates upon clicking the "Notify of availability" button.

  12. The Seller provides Clients with a blog integrated with the Online Store webpage, presenting content constituting a collection of articles selected by the Seller, reflecting his subjective feelings and opinions.

  13. The Client has the possibility to browse information posted in the Store, including content posted as part of the blog. The agreement for the provision of the service consisting of browsing information posted in the Store, including content posted as part of the blog, is concluded for a defined period and terminates upon closing the website by the user or the subpage on which the blog is located.

  14. The Seller has the right to organize occasional competitions and promotions, the conditions of which will be provided on the web pages of the Store each time. Promotions in the Online Store cannot be combined unless the Regulations of a given promotion state otherwise.

  15. In the event of a breach of these Regulations by the Client, the Seller, after a previous ineffective call to cease or remove violations, setting an appropriate deadline, may terminate the agreement for the provision of Services with a 14-day notice period.

V. Procedure for concluding a Sales Agreement

  1. Information about the Goods or Medical Devices provided on the web pages of the Store, in particular their descriptions, technical and operational parameters, and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.

  2. All Goods or Medical Devices available in the Online Store are brand new, comply with the Agreement, and have been legally introduced to the Polish market.

  3. In the case where the Seller applies mechanisms for individual adjustment of prices based on automated decision-making, the Seller each time provides this information to the Consumer, during placing the Order, taking into account the requirements imposed in this respect by the provisions on personal data protection.

  4. Medical Devices have markings and instructions for use in Polish or expressed by harmonized symbols or recognizable codes.

  5. A condition for placing an Order is having an active email account.

  6. In the case of placing an Order via the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods or Medical Devices that are the subject of the Order. An offer submitted in electronic form binds the Client if the Seller sends to the email address provided by the Client a confirmation of acceptance of the Order for execution, which constitutes the Seller's declaration of acceptance of the Client's offer and upon its receipt by the Client, a Sales Agreement is concluded.

  7. Placing an Order in the Online Store via phone, by sending an email, or by sending a message via the contact form takes place on Working days and hours indicated on the website of the Online Store. For this purpose, the Client should: a. Provide during the phone call, in the content of the email, or in the content of the message sent via the contact form, addressed to the Seller, the name of the Goods or Medical Device from among the Goods or Medical Devices located on the website of the Store and its quantity, b. Indicate the method of delivery and form of payment from among the methods of delivery and payment indicated on the website of the Store, c. Provide data necessary for the execution of the Order, in particular: first and last name, place of residence, and email address.

  8. Information about the total value of the Order, referred to in the point above, is provided each time by the Seller verbally after completing the entire Order or by informing via email along with information that the conclusion of a Sales Agreement by the Client entails an obligation to pay for the ordered Goods or Medical Device, at this moment a Sales Agreement is concluded.

  9. In the case of a Client who is a Consumer, the Seller each time after placing the Order via phone, email, or contact form sends the Client a confirmation of the conditions of the placed Order.

  10. The Agreement is concluded at the moment of sending by the Client, being a Consumer (in response to confirmation of the Order conditions sent by the Seller) an email message to the Seller's email address, in which the Client: accepts the content of the sent Order and expresses consent to its execution and accepts the content of the Regulations and confirms acquaintance with the instruction on withdrawal from the Agreement.

  11. After concluding the Sales Agreement, the Seller confirms its conditions to the Client by sending them to the Client's email address or in writing to the address provided by the Client.

  12. The Sales Agreement is concluded in Polish, with content in accordance with the Regulations.

VI. Delivery

  1. The delivery of Goods or Medical Devices is limited to the territory of the European Union and is carried out to the address indicated by the Client during the Order placement.

  2. The Client may choose the following forms of delivery of the ordered Goods or Medical Devices: a. Via courier company; b. Delivered to a Parcel Locker; c. Personal collection at the Seller's collection point.

  3. The Seller on the web pages of the Store in the description of the Goods or Medical Device informs the Client about the number of Working days needed for the execution of the Order and its delivery, as well as about the amount of fees for the delivery of the Goods or Medical Device.

  4. The delivery term and execution of the Order is counted in Working days in accordance with point VII subpoint 2.

  5. The Seller provides the Client with a purchase receipt.

  6. If for the Goods or Medical Devices covered by the Order a different period of realization is provided, for the entire Order the longest of the provided periods applies.

VII. Prices and payment methods

  1. Prices of Goods or Medical Devices are given in Polish zlotys, euros according to the Client's choice and include all components, including VAT, customs, and other fees.

  2. The Client can choose the following payment methods: a. Bank transfer to the Seller's bank account (in this case, execution of the Order will begin after the Seller sends the Client a confirmation of acceptance of the Order for execution, and the shipment will be made immediately after the funds are credited to the bank account of the Seller and the Order is completed); b. Cash on personal collection - payment at the Seller's personal collection point (in this case, execution of the Order will be done immediately after the Seller sends the Client a confirmation of acceptance of the Order for execution, and the Goods or Medical Device will be issued at the Seller's personal collection point); c. Cash on delivery, payment to the supplier when making the delivery (in this case, execution of the Order and its shipment will begin after the Seller sends the Client a confirmation of acceptance of the Order for execution and after completing the Order); d. Electronic payment (in this case, execution of the Order will begin after the Seller sends the Client a confirmation of acceptance of the Order for execution and after the Seller receives information from the settlement agent's system about the payment made by the Client, and the shipment will be made immediately after completing the Order); e. Payment in the installment system (in this case, execution of the Order will begin after the Seller sends the Client a confirmation of acceptance of the Order for execution, its completion, and after receiving payment for the ordered Goods or Medical Device from PayPo).

  3. The Seller on the web pages of the Store informs the Client about the deadline in which he is obliged to make payment for the Order. In case of non-payment by the Client within the term mentioned in the previous sentence, the Seller after a previous ineffective call for payment with setting an appropriate deadline may withdraw from the Agreement based on Art. 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

  1. The Client who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To keep this deadline, it is enough to send a declaration before its expiry.

  2. The Client can formulate the declaration on his own or use the template of declaration provided by the Seller on the Store's website.

  3. The 14-day term is counted from the day on which the Goods were delivered or in the case of a Service Agreement from the day of its conclusion.

  4. The Seller upon receipt of the declaration of withdrawal from the Agreement by the Consumer will send to the Consumer's email address a confirmation of receipt of the declaration of withdrawal from the Agreement.

  5. The right to withdraw from the Agreement by the Consumer is excluded in the case of: a. An Agreement for the provision of services, for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the Agreement, and accepted it; b. An Agreement in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the deadline to withdraw from the Agreement; c. An Agreement in which the subject of the service is a non-prefabricated Good, produced according to the Consumer's specification or serving to satisfy his individualized needs; d. An Agreement in which the subject of the service is a Good subject to rapid spoilage or having a short shelf life; e. An Agreement in which the subject of the service is a Good delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; f. An Agreement in which the subject of the service are products that after delivery, due to their nature, become inseparably connected with other items; g. An Agreement in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on fluctuations in the market, over which the Seller does not have control; h. An Agreement in which the Consumer expressly demanded that the Seller come to him to make urgent repair or maintenance; if the Seller provides additional services other than those which the Consumer demanded, or delivers Goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Agreement is available to the Consumer in relation to additional services or Goods; i. An Agreement in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; j. An Agreement which is the subject of delivering newspapers, periodicals, or magazines, with the exception of a subscription Agreement; k. An Agreement concluded through a public auction; l. An Agreement for the provision of services, for which the Consumer is obliged to pay a price, in the case of which the Consumer expressly demanded from the Seller to come to him to make a repair, and the service has already been fully performed with the express and prior consent of the Consumer. m. An Agreement for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the Agreement marked the day or period of service provision; n. An Agreement for delivering Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision, that after the fulfillment of the provision by the Seller, he will lose the right to withdraw from the Agreement, and accepted it, and the Seller provided the Consumer with a confirmation, referred to in Art. 15 sec. 1 and 2 or Art. 21 sec. 1 of the Consumer Rights Act.

  6. Other exceptions from the right to withdraw from the Agreement have been indicated in Art. 38 sec. 2 of the Consumer Rights Act.

  7. In the case of Sales Agreements, the subject of which are Medical Devices, the right to withdraw from the Agreement by the Consumer is excluded in the cases indicated in point 5 a, c-f, h above.

  8. In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered as not concluded. What the parties rendered, is returned unchanged, unless the change was necessary within the scope of ordinary management. The return should take place immediately, no later than within 14 days. The purchased Good or Medical Device should be returned to the Seller's address.

  9. The Seller immediately, however not later than within 14 days from the day of receiving the Consumer's declaration of withdrawal from the Agreement, will return to the Consumer all payments made by him, including the costs of delivering the Good or Medical Device. The Seller makes the refund using the same method of payment that was used by the Consumer, unless the Consumer agrees to a different method of return, which will not be associated with any cost for the Consumer. The Seller may withhold the reimbursement of payments received from the Client until the Good or Medical Device is returned or the Client provides proof of its return, depending on which event occurs first, unless the Seller offered that he will pick up the Good or Medical Device from the Client.

  10. If the Consumer chose a method of delivery of the Good or Medical Device other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to refund the Consumer the incurred additional costs.

  11. The Client bears only the direct cost of returning the Good or Medical Device, unless the Seller agreed to bear this cost.

IX. Complaints regarding Goods or Medical Devices

  1. The Seller undertakes to deliver a Good consistent with the Agreement

  2. The Seller is liable for non-compliance of the Good with the Agreement on the terms specified in the Consumer Rights Act towards the Client being a Consumer and the Client being a natural person concluding an Agreement directly related to his business activity when the content of this Agreement shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity conducted by him, disclosed on the basis of the provisions on the Central Register and Information on Business Activity. The warranty towards entrepreneurs is excluded.

  3. The Seller is liable for non-compliance of Medical Devices with the Agreement. Appropriate application have provisions specified in Art. 43a - 43g of the Consumer Rights Act.

  4. In the case where separate legal provisions provide more lenient rules in the scope of the right of non-compliance of Medical Devices in relation to the Client being a Consumer or the Client being a natural person concluding an Agreement directly related to his business activity when the content of this Agreement shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity conducted by him, disclosed on the basis of the provisions on the Central Register and Information on Business Activity, than point 4 - more lenient provisions apply.

  5. Complaints resulting from violation of the Client's rights guaranteed by law or under these Regulations should be directed to the address Ulti-Pro Limited Liability Company, Vaporshop Store ul. Skłodowskiej 7, 44-200 Rybnik, email address: reklamacje@vaporshop.pl, phone number +48 793936707.

  6. For the purpose of considering the complaint, the Client should send or deliver the complained Good or Medical Device, if possible, attaching to it a proof of purchase. The Good or Medical Device should be delivered or sent to the address indicated in point 3.

  7. The Seller undertakes to consider each complaint within 14 days from the day of its receipt.

  8. In case of deficiencies in the complaint, the Seller will call the Client to complete it to the necessary extent immediately, no later than within 7 days from the date of receiving the call by the Client.

X. Complaints in the scope of providing services electronically

  1. The Client may report complaints to the Seller in connection with the functioning of the Store and the use of Services. Complaints can be reported in writing to the address: ULTI-PRO Limited Liability Company, Vaporshop Store ul. Skłodowskiej-Curie 7, 44-200 Rybnik, email address: reklamacje@vaporshop.pl, phone number +48 793936707.

  2. In the complaint, the Client should provide his first and last name, address for correspondence, type, and description of the occurred problem.

  3. The Seller undertakes to consider each complaint within 14 days from the day of its receipt. In case of deficiencies in the complaint, the Seller will call the Client to complete it to the necessary extent within 7 days from the date of receiving the call by the Client.

XI. Warranties

  1. Goods or Medical Devices may have a warranty from the manufacturer or Seller.

  2. In the case of Goods or Medical Devices covered by the warranty, information regarding the existence and content of the warranty and the time for which it was granted is presented each time in the description of the Good or Medical Device on the web pages of the Store.

XII. Out-of-court methods of dealing with complaints and pursuing claims

  1. The Client being a Consumer has, among others, the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims: a. Is entitled to turn to the permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement; b. Is entitled to turn to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable termination of the dispute between the Client and the Seller; c. May obtain free assistance in resolving a dispute between the Client and the Seller, also using free assistance of the county (municipal) consumer ombudsman or a social organization to which statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl; d. Submit his complaint through the EU internet platform ODR, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

The personal data provided by Clients are collected and processed by the Seller in accordance with applicable legal provisions and in accordance with the Privacy Policy, available on the Store's website.

XIV. Final Provisions

  1. All rights to the Online Store, including the property copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms, logos belong to the Seller, and their use can only occur in a manner specified and consistent with the Regulations.

  2. The provisions contained in these Regulations concerning the Consumer, in the subject of withdrawal from the Agreement and complaints, apply to a natural person concluding an Agreement directly related to his business activity when the content of this Agreement shows that it does not have a professional character for this person, resulting in particular from the subject of the business activity conducted by him, disclosed on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court methods of dealing with complaints and pursuing claims do not apply.

  3. The resolution of any disputes arising between the Seller and the Client, who is a Consumer, is submitted to the competent courts according to the provisions of the relevant provisions of the Code of Civil Procedure.

  4. The resolution of any disputes arising between the Seller and the Client, who is an Entrepreneur, is submitted to the court competent for the Seller's seat.

  5. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on providing services electronically, the provisions of the Act on consumer rights, and other relevant provisions of Polish law shall apply.

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