Statute
1. STORE REGULATIONS
Nature of the regulations
This document (hereinafter referred to as the "Regulations") specifies the rules for concluding sales agreements and the rules for providing and using other services provided by the Seller via the online store, as well as the rights and obligations of the Customer and the Seller in the scope related to the distance selling of goods and other services provided by the Seller.
In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017, item 1219, as amended). The Regulations also constitute an integral part of the sales agreement concluded between the Seller and the Customer.
The rights to the content made available as part of the services provided via the Online Store, in particular the copyright to the content, graphics, photos of goods and other elements, the name and logo of VANDA NOVAK (registered trademark), its graphic elements, software and rights in the scope of databases are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements.
Internet shop
1) Online store available at vandanovak.com
2) The online store is operated by a company under the name of Vanda Novak spółka z ograniczoną odpowiedzialnością, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000712700, NIP: 6751632399, REGON: 369217883 with its registered office in Kraków (31-511), ul. Rakowicka 11, with the share capital of PLN 10,950; e-mail address: shop@vandanovak.com.
3) Contact with the store is possible on working days via e-mail and traditional mail, as well as by telephone from 9:00 a.m. to 5:00 p.m.
4) The use of the online store requires that the end device and IT system used by the Customer meet the technical requirements specified in the further part of the Regulations.
Definitions
The terms used in the Regulations mean:
a) Seller – Vanda Novak spółka z ograniczoną odpowiedzialnością, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000712700, NIP: 6751632399, REGON: 369217883, with its registered office in Kraków (31-511), ul. Rakowicka 11.
b) Customer – a natural person who is over 13 years of age (if such person is under 18 years of age, the consent of his/her legal representative is required), a legal person or an organizational unit without legal personality to which the law grants legal capacity, having full legal capacity.
c) Consumer – a natural person concluding a legal act with an entrepreneur that is not directly related to his or her business or professional activity.
d) Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
e) Entrepreneur with Consumer Rights – a natural person concluding a Sales Agreement directly related to his/her business activity, when it results from the content of the Sales Agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
f) Product – a movable item presented by the Seller in the Online Store, intended for sale to an unspecified group of Customers in exchange for payment of the price indicated in the online store; in particular footwear and footwear accessories,
g) Price – the amount of gross remuneration (including taxes) specified in Polish zloty or another currency due to the seller for the transfer of ownership of the product to the Customer in accordance with the terms of the concluded Sales Agreement. The price does not include delivery costs, unless special conditions specified by the seller for a specific Sales Agreement provide otherwise.
h) Delivery Costs – costs of delivering the product purchased by the Customer to the delivery address provided by the Customer, collected by the Seller and determined by the courier companies, carriers or postal companies cooperating with the Seller.
i) Shopping Cart – a service provided to every Customer who uses the online store, within which the Customer has the option of placing an order for one or more products, and which provides other functionalities facilitating the conclusion of a contract, such as displaying a summary of the price of individual products and all products together, displaying the cost of delivery, and displaying the expected delivery date of the products.
j) Account – a set of resources in the seller's IT system, marked with an individual name (login) and password provided by the customer, allowing the customer to use additional functionalities/services, such as saving and storing information about the delivery address provided by the customer, tracking the status of the order, accessing order history and other services provided by the seller.
k) Login – e-mail address of the Client provided by him/her when registering the account.
l) Password – a string of alphanumeric characters necessary to authorize access to the account, specified by the Client when registering the account.
m) Newsletter – an electronic service that enables Customers who are its recipients to receive information from the seller about products, the online store, including new products and promotions, to the e-mail address provided by the Customer.
n) Promotions – special conditions of sale or provision of services, regulated under the terms established by the seller, proposed by the seller for a specified period of time, which the Customer may use under the terms specified in these conditions, in particular concerning a price reduction or a reduction in delivery costs.
o) Order – a declaration of will of the Customer expressing the direct will to conclude the Sales Agreement, specifying the products to be purchased and the customer's data necessary to conclude and perform the Sales Agreement.
p) Sales Agreement – a product sales agreement within the meaning of the provisions of the Civil Code, under which the seller transfers ownership of the product to the Customer in return for payment of the price plus, in certain cases, delivery costs.
Technical requirements
The minimum technical requirements that must be met in order to cooperate with the IT system used by the Seller, including concluding a service agreement or concluding a Sales Agreement, are as follows:
1) a multimedia device with Internet access (computer, laptop, telephone, smartphone, tablet, etc.) enabling the entry, sending and receiving of data;
2) access to e-mail (active e-mail address);
3) web browser:
a) Internet Explorer version 10.0 or higher, or
b) Opera version 12.0 or higher, or
c) Google Chrome version 23.0. or higher, or
d) Mozilla Firefox version 17.0 or higher or
e) Safari version 5.0 or higher, or
f) another browser with similar or higher parameters.
4) Minimum screen resolution: 1024×768.
Electronic services in the online store
The Seller provides the following electronic services to customers free of charge via the online store:
a) Account,
b) Basket,
c) Newsletter.
Account
1) The Account service is a service performed on the basis of an agreement concluded between the Seller and the Customer via the online store. The agreement is concluded upon receipt by the customer of a notification of account registration at the provided e-mail address.
2) notification of account registration is sent to the Client after the Client completes the following procedure:
a) clicking on the "Register account" field available on the online store's website;
b) providing data contained in the form field located on the online store website, including at least the fields marked as mandatory, including entering your unique Login and Password;
c) clicking the "Confirm" field.
3) the Account service is provided free of charge for an indefinite period.
4) the use of an account is not necessary for the conclusion of a sales contract by the customer. However, the account service allows for the provision of additional services to the Customer, such as saving and storing Customer data information, tracking the status of the order, maintaining the Customer's session, accessing the sales history for a given Customer and other services provided by the Seller.
5) The Customer may, at any time and without giving a reason, resign from the account by submitting an appropriate request to the Seller. Resignation from the Account is not accompanied by any conditions, and the Seller will not make any claims in this respect.
6) after resigning from the Account, the Customer will no longer be able to access the data stored within the Account or its functionalities.
7) Resignation from the Account does not limit the Customer's ability to re-register the Account or make purchases in the online store or use other store services. Re-registration of the account does not allow for renewed access to the data stored within the previous account.
Basket
1) The provision of the Basket service by the Seller begins when the Customer adds the first product to the basket by selecting the product and clicking the "add to basket" field.
2) within the basket service, the Customer has the option of placing an order for one or more products, as well as using functionalities that facilitate the conclusion of the contract, in particular such as displaying a summary of the price of individual products and all products together, displaying the delivery cost, displaying the expected delivery date of the products.
3) The Basket service is of a one-off nature and its provision ends when the order is placed or when the Customer cancels the purchase.
Newsletter
1) The Newsletter service is provided on the basis of an agreement concluded by the online store with the Customer who, in the appropriate field of the form intended for entering data when placing an order or registering an account, provided his/her active e-mail address and selected and confirmed the option "I want to receive the newsletter - information about new products, promotions, products or services of VANDA NOVAK sp. z o. o."
2) concluding an agreement for the provision of the Newsletter service is tantamount to expressing consent to the sending of commercial information to the provided e-mail address within the meaning of the Act on the provision of electronic services.
3) as part of the provision of the Newsletter service, the Seller will send messages to the Customer at the e-mail address provided by him – in .html or similar format or .pdf or similar – containing information on the Seller’s activities, offered products and services, including new products, special discount, marketing or promotional campaigns, advertisements of the Seller or the Seller’s partners, or other information.
4) The Seller undertakes not to present in the Newsletter any content that is prohibited, contrary to law or infringes anyone's subjective rights.
5) the newsletter will be sent to the provided e-mail address. The Seller is not responsible for incorrectly providing the address by the Customer, liquidation or deactivation of the e-mail address by the Customer or for any malfunction of the Customer's e-mail that prevents or significantly hinders the sending of the Newsletter.
6) the provision of personal data by the Customer is a condition for concluding an agreement for the provision of the Newsletter service. If the Customer wishes to obtain the Newsletter service without having to provide personal data, the Customer should contact the Seller directly to arrange the details of such provision.
7) if the customer has agreed to the profiling of his/her activity by the seller at the end of his/her preferences, by checking the appropriate box on the relevant website of the store, the information contained in the newsletter, as well as the presented commercial offers, marketing or promotional campaigns may be of an individual nature, developed only for a given customer or group of customers to which the customer belongs.
8) The Client may at any time resign from the provision of the Newsletter service to him by sending an appropriate message to. Resignation may also be submitted by clicking on the link enabling resignation from receiving the Newsletter, which is sent together with each Newsletter.
Termination of the service agreement by the seller
1) The Seller is entitled to terminate any contract for the provision of services with immediate effect if an important reason becomes apparent.
2) the following are considered important reasons in particular:
a) a change in the legal provisions concerning the provision of services by electronic means affecting the possibility of providing these services,
b) changes to the terms of service provision due to technical or technological reasons,
c) changing the scope or provision of services to which the provisions of these Regulations apply, through the modification or withdrawal by the Seller of existing functionalities or services covered by the Regulations,
d) cessation of the online store's operations, initiation of bankruptcy or restructuring proceedings,
e) the Customer's lack of activity in the online store for a period of 3 years from the date of the last activity,
f) gross violation by the Client of the provisions of the service provision agreement, including the provisions of these Regulations.
3) the Seller sends the declaration of termination of the contract to the e-mail address provided by the Customer during registration in the online store.
Product Sales Agreements
Product presentation
1) in order to enable the placing of an order and the conclusion of a sales contract, the Seller presents products on the online store website, posting their description and photos.
2) The Seller makes every effort to ensure that the product description does not mislead the Customer as to the essential features and properties of the product, and in the case of including photos – that the photo of the product reflects the appearance of the product as faithfully as possible.
3) The Seller reserves that the products presented in the photo may differ slightly (in terms of colour shade, size) from the products available in reality.
4) the information presented in the online store constitutes only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, addressed by the Seller to Customers, and not an offer under the provisions of the Civil Code.
5) The Seller undertakes to make every effort to ensure the availability of the products presented by him on the website. However, the Seller reserves that in exceptional situations (e.g. simultaneous or almost simultaneous placing of an order for the same product causing its availability to be exhausted or other reasons beyond the Seller's control) it may turn out that the product for which the order was placed is not available. In such a situation, the sales agreement does not come into effect and the Seller will take all steps to return the full amount paid for the sales agreement to the Customer or to resolve this situation in another way.
Placing an order
1) In order to conclude a sales contract, the Customer places an order. Orders can be placed 7 (seven) days a week, 24 hours a day.
2) The order is placed by the Customer by performing the following procedure:
a) selecting the appropriate product on the online store’s website and selecting its features, if available (colour, size, etc.);
b) adding the selected product or products to the Cart,
c) selecting the appropriate field to declare the intention to finalize the contract,
d) providing the Customer’s data on the form to the extent specified as mandatory,
e) selecting the delivery method,
f) selecting the method of payment for the price and delivery costs,
g) confirming the order by clicking the "order and pay" field.
3) to place an order, it is necessary to provide at least the following data: name and surname, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the sales agreement: product/s, quantity of product/s, if available type, colour and size of the product, place and method of delivery of the product/s, method of payment. In the case of Customers who are Entrepreneurs or Entrepreneurs with Consumer rights, it is necessary to provide the company name. In the case of a Customer who is an Entrepreneur or Entrepreneur with Consumer rights requesting the issuance of a VAT invoice or receipt, it is necessary to provide the Tax Identification Number.
4) providing outdated or false Customer data may prevent or significantly delay the execution of the Sales Agreement.
5) A customer who uses the Account service may log in to their account before starting to place an order; in such a situation, the data previously provided by them and saved in the account will appear automatically, and the order will be added to the order history. A customer using the account service should confirm in the order form that the data necessary for concluding and implementing the sales contract are up to date.
6) before making a payment or finalizing the order without providing payment, the customer is informed about the total price of the ordered products and delivery costs.
7) the order constitutes the Customer's offer within the meaning of the Civil Code.
8) The Customer may cancel the order until payment for the ordered products has been made.
Order confirmation
1) after placing the order, the Seller immediately sends a message to the Customer at the e-mail address provided by the Customer for this purpose confirming receipt of the order and the commencement of its verification.
2) verification takes place immediately and covers the availability of the selected product, payment (in the case of choosing electronic payment, by payment card, transfer), the accuracy of the data provided by the Customer to the extent necessary to conclude the sales agreement, and the circumstances indicated below in point 3).
3) The Seller may refuse to positively verify the order only in justified cases, if it was placed by a Customer who violates or has previously violated the terms of the Sales Agreement or the provisions of these Regulations.
4) when choosing electronic payment, payment card, transfer, failure to make payment within 24 hours after the Seller receives the order, authorizes the Seller to consider that the order has not been positively verified. The Seller may extend this time, and also introduce a procedure of electronic or telephone reminders to make the payment.
5) after verifying the order, the Seller sends to the Customer an e-mail message confirming acceptance of the order in whole or in part or refusing to accept the order in whole or in part for one of the following reasons: failure to make payment (in the case of choosing electronic payment, by payment card, bank transfer), failure to provide correct Customer data preventing the execution of the order.
6) the sales agreement comes into effect when the Customer receives a message from the Seller confirming the order, in the scope of confirmed products. In the case of choosing the method of payment in cash upon personal collection or cash on delivery, the Sales Agreement is concluded on the condition that the customer pays the price together with the delivery costs to the Seller at the same time as receiving the product.
7) if it is not possible to confirm the order, the Sales Agreement is not concluded. The Seller shall immediately inform the Customer about the reasons for the failure to conclude the Sales Agreement.
8) if the reason for failure to conclude the sale is the unavailability of the goods, the seller may offer the customer to conclude a Sales Agreement for another product or agree on a different procedure with the customer.
9) In the event of unavailability of some of the products included in the order, the Customer is immediately informed. The Customer decides whether the order is to be partially fulfilled or canceled in its entirety.
10) If the Sales Agreement is not concluded and the parties do not make any other arrangements, the Seller shall immediately, no later than within 14 days, return to the Customer the entire amount paid by the Customer using the payment method that was selected by the Customer when placing the order.
11) The Seller may inform the Customer about the status of the order, in particular by sending messages to the e-mail address or text messages provided by the Customer or by telephone.
12) After confirming the order, the Seller immediately sends the ordered product using the delivery method chosen by the Customer. The Seller notifies the Customer of these actions.
Payment methods
1) payment for the ordered products is possible, at the Customer's choice, using one of the following methods:
a) cash on delivery upon receipt of the shipment (only within the territory of the Republic of Poland);
b) by electronic payment or by payment card via authorized services Przelewy 24, Stripe, Paypal;
c) by transfer to the Seller's bank account,
2) The Seller reserves the right to reduce the offered payment methods without giving reasons.
3) current payment methods are indicated in the online store on the page displayed during the ordering procedure. Available payment methods may depend on the delivery method selected by the Customer.
4) if the Customer chooses to pay cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment at the same time as receiving the shipment – to the courier, carrier or postal employee delivering the shipment. Refusal to collect the product, despite setting an additional appropriate deadline, results in the termination of the Sales Agreement and refusal to fulfill the order.
5) payment by transfer is made to the Seller's bank account indicated on the appropriate website of the online store. The Seller may change the account by unilateral decision, and the current bank account indicated on the appropriate subpage is binding.
6) settlement of electronic payment and payment card transactions is carried out in accordance with the Customer's choice through authorized providers of such services, on the terms and conditions established by these providers.
Delivery, delivery costs, delivery time
1) The Seller enables the delivery of the product to any address in the territory of the Republic of Poland and to selected countries indicated on the online store website.
2) delivery of the product to the customer in Poland is free of charge above the order value of PLN 500. If the order value is lower than PLN 500, the delivery cost is PLN 12. The cost of delivery outside Poland is covered by the Customer, who is informed about the delivery cost at the time of placing the order.
3) the product delivery costs are indicated to the Customer as part of the ordering procedure. The Seller may also present delivery costs in the information regarding each specific product.
4) The Seller allows the following types of deliveries:
a) courier delivery,
b) courier delivery with cash on delivery (only within the territory of the Republic of Poland),
c) shipment via Inpost parcel locker (only within the territory of the Republic of Poland).
5) The available delivery methods may depend on the payment method chosen by the Customer.
6) the total waiting time for the Customer to receive the product (delivery time) consists of the time it takes for the seller to prepare the order for shipment and the time it takes for the courier to deliver the product.
7) the delivery time of the product to the Customer is up to 7 working days, unless a different time is given in the description of the product or when placing the order. In the event of placing an order for several products with different delivery times at the same time, the delivery time applicable to this order is the longest of the given times for the individual product.
8) The delivery period begins upon conclusion of the Sales Agreement.
9) if the Customer fails to collect the product and returns it to the Seller, the Seller may withdraw from the contract.
10) if the Customer who is a Consumer or an Entrepreneur with consumer rights has chosen a method of order delivery other than the cheapest standard method of delivery offered by the Seller, then in the event of withdrawal from the Sales Agreement, the Seller shall not be obliged to refund the additional costs incurred by the Consumer or the Entrepreneur with consumer rights.
11) In the case of delivery to a country outside the European Union, the Customer may be required to pay import duties and taxes that are levied after the shipment reaches the designated destination. The Customer will then be required to bear any additional customs clearance costs beyond the Seller's control. The Customer must bear in mind that customs policies in force in individual countries may differ significantly. For additional information, including information on formalities, the Customer should contact their local customs office. In addition, the Customer is required to complete all legal formalities in force in the country to which the order is delivered. Cross-border shipments may be opened and inspected by customs authorities.
Product complaints
1) The Seller is obliged to deliver a product free from defects.
2) if the product covered by the sales agreement has defects, the Seller is liable to the customer under warranty, on the principles specified in the provisions of the Civil Code (Art. 556 et seq. of the Civil Code), unless the Customer is an Entrepreneur. The Seller is not liable to the Customer who is an Entrepreneur under warranty”.
3) the complaint may be submitted by the Customer via e-mail to shop@vandanovak.com; in writing to Vanda Novak sp. z o. o., ul. Rakowicka 11, 31-511 Kraków. The Customer may use the complaint form available at this URL.
4) if the complaint concerns physical defects of the product, the Customer is obliged to deliver the product to the Seller, to the registered office address, i.e. Vanda Novak sp. z o. o., ul. Rakowicka 11, 31-511 Kraków, in order to enable the examination of the product. The cost of delivering the product is borne by the Seller if the complaint is accepted;
5) if the sold product has a defect, the Customer may:
a) submit a declaration of a price reduction or withdrawal from the sales contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective product with a defect-free one or removes such defect. The reduced price should remain in such proportion to the price resulting from the contract, in which the value of the product with the defect remains to the value of the product without the defect. The Customer cannot withdraw from the contract if the defect of the product is insignificant;
b) demand the exchange of the product for a defect-free one or the removal of the defect. The Seller is obliged to exchange the defective product for a defect-free one or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
6) the complaint should include at least a description of the defect found and the date of its discovery, the date of purchase of the product, the contact details of the person submitting the complaint, and a description of the request.
7) The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its receipt. If the Customer has requested the exchange of the item or removal of the defect or has made a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days from the date of its receipt, it is considered that the request has been deemed justified.
8) The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of issue of the product to the Customer. The claim for removal of the defect or replacement of the product with a defect-free one is subject to a limitation period of one year from the date of finding the defect, however, in the case of an order placed by a Consumer or an Entrepreneur with consumer rights - the limitation period cannot end before the expiry of the period referred to in the first sentence.
9) the provisions of this paragraph shall apply accordingly to complaints about electronic services provided by the seller.
Withdrawal from the contract
1) A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the concluded contract in writing without giving reasons within 14 calendar days from the date of delivery of the item, i.e. from the moment when the Customer came into possession of the item, or when a third party other than the carrier indicated by the Customer came into possession of the item.
2) in the case of a sales contract which:
a) covers multiple products that are delivered separately, in batches or in parts – the withdrawal period runs from the date of possession of the last product, batch or part, or
b) consists in the regular delivery of products for a specified period of time – the withdrawal period runs from the moment of taking possession of the first product;
3) to meet the fourteen-day deadline referred to in point 1) or 2) above, it is sufficient to send a declaration of withdrawal before it expires. The declaration may be submitted on a form, the template of which has been posted at this URL. Using the form is voluntary.
4) The Consumer or Entrepreneur with consumer rights is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the product to the Seller or hand it over to a person authorized by the Seller to collect it.
5) in the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: Omnipack sp. z oo, ul. Szczecińska 49, 66-400 Gorzów Wielkopolski, Park Panattoni, ramp T48, note Vanda Novak return, immediately, but no later than 14 calendar days from the day on which he withdrew from the contract, unless the Seller has offered to collect the goods himself. The returned goods, free from traces of use, must be packed in a way that prevents their damage in transit.
6) in the event of withdrawal from the contract, the contract is deemed not to have been concluded.
7) in the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the Customer's choice of a method of delivery other than the cheapest standard method of delivery offered as part of the delivery of goods), immediately, and in any case no later than 14 calendar days from the day on which the Seller was informed of the Customer's decision to exercise the right to withdraw from the contract.
8) in the event of partial withdrawal from the contract by the Customer, the Customer will receive a refund of the part of the delivery costs that are causally related to the items covered by the withdrawal from the contract.
9) The Seller shall refund the payment using the same method of payment that was used by the Customer, unless the Customer has expressly agreed to another method of refund that does not involve any costs for him.
10) The Seller may withhold the refund until receiving the returned goods (items) or until providing proof of sending back the goods in connection with the withdrawal, depending on which event occurs first.
11) if the Customer who is a Consumer or an Entrepreneur with consumer rights has chosen a method of order delivery other than the cheapest standard method of delivery offered by the Seller, then in the event of withdrawal from the Sales Agreement, the Seller shall not be obliged to refund the additional costs incurred by the Consumer or the Entrepreneur with consumer rights.
Extrajudicial methods of handling complaints and pursuing claims and principles of access to these procedures
1) the use of out-of-court methods of handling complaints and pursuing claims is voluntary and does not exclude the Client's rights to refer the case to a competent common court.
2) the principles of conducting proceedings for the out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this respect are specified in the provisions of law (including in particular the Act of 23 September 2016 on the out-of-court resolution of consumer disputes) or in regulations applied by the relevant entities competent in the field of resolving consumer disputes.
3) A Customer who is a Consumer or an Entrepreneur with consumer rights has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims:
a) referring to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection with a request to resolve the dispute arising from the concluded sales contract.
b) submitting a request to the provincial inspector of the trade inspection, in accordance with Article 36 of the Act of 15 December 2000 on the trade inspection, to initiate mediation proceedings regarding the out-of-court resolution of the dispute between the Customer and the Seller.
c) obtaining free assistance in resolving a dispute between the Customer and the seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers).
d) submitting a complaint via the European ODR online platform: http://ec.europa.eu/consumers/odr/.
4) Information on the possibility for a Customer who is a Consumer or an Entrepreneur with consumer rights to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
https://uokik.gov.pl/wojewodzkie_inspektoraty_inpekcji_handlowa.php
Specific obligations of the Client
1) The customer is obliged to:
a) to provide true and current data necessary for the performance of the contract, and in the event of any changes – to update them;
b) timely payment of the price and other costs agreed by the Customer and the Seller in full;
c) timely receipt of products ordered using the cash on delivery method and which are the subject of the reservation.
2) The Customer is also obliged to use the online store in a way that does not disrupt its functioning, in accordance with the provisions of law, the provisions of these regulations, as well as with the customs and principles of social coexistence adopted in this respect, and in particular to:
a) not disseminating within the store any content prohibited by applicable law, as well as content violating the rights or goods of third parties;
b) not sending unsolicited commercial information;
c) not to undertake any activities that constitute unauthorized interference with the IT system of the online store;
d) not taking any action aimed at obtaining information not intended for the Client, including data of other Clients;
e) not to take any action aimed at modifying in an unauthorized manner the content of the online store’s website, unless such a possibility has been provided by the Seller.
Product Reviews
1) The Seller may provide Customers with the ability to post opinions about the store, the Seller or products - within the Store or external websites belonging to third parties. In such a case, the provisions of this paragraph shall apply to posting opinions.
2) posting an opinion is possible after using the online store, in particular after concluding the Sales Agreement, and posting an opinion is possible at any time.
3) The Client should formulate opinions in a reliable, honest and substantive manner, if possible linguistically correct and without using vulgarisms and other words commonly considered offensive.
4) it is prohibited to post opinions:
a) without first using the online store;
b) meeting the characteristics of an act of unfair competition within the meaning of Art. 3 of the Act of 16 April 1993 on Combating Unfair Competition;
c) violating the personal rights of the Seller or a third party;
d) by paid users in order to artificially increase the rating of products or the online store.
5) The Seller may verify at any time whether the opinions posted are consistent with the Regulations, and in particular whether they come from Customers who actually purchased the products. In the event of any doubts from the Customer regarding the opinions posted, the Customer may report the opinion to the Seller for verification. After receiving the report from the Customer, the Seller will take action, appropriate to its capabilities, which will be aimed at verifying the opinion posted.
6) The Seller does not operate a system based on discounts/gratuities/payments in exchange for issuing an opinion. In the event that it is impossible to verify the entity that issued the opinion, such opinion will not be posted in the online store. In the event of posting an opinion that does not meet the requirements set out in the Regulations, the Seller may refuse to publish the opinion or remove it.
Protection of personal data
1) the Customer's personal data are processed by the Seller as the personal data controller.
2) the provision of personal data by the Customer is voluntary, but necessary in order to use electronic services, place an order and conclude a sales contract.
3) The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data.
4) detailed principles of personal data processing are specified in the Privacy Policy.
Change of regulations
1) The Seller has the right to change the Regulations.
2) the provisions of the Regulations in force at the time of placing the order shall apply to orders placed before the change is made and to Sales Agreements concluded as a result of such orders.
3) in the event of any changes to the Regulations, the Seller shall make the consolidated text of the regulations available on the online store’s website and shall inform each Customer using the Account or Newsletter service about the change by sending a message to the e-mail address provided by the Customer.
4) The Customer has the right to terminate the agreement for the provision of the Account or Newsletter service within 14 days from the date of notification of the change in the Regulations.
Final provisions
1) The Regulations are effective from 20/10/2023.
2) Polish law shall apply to contracts concluded by the Seller.
3) the choice of Polish law based on these regulations does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by an agreement between the seller and the consumer, under the law that, in accordance with the relevant regulations, would be applicable in the absence of choice.
4) agreements concluded by the seller are concluded in Polish; correspondence in the performance of these agreements is conducted in Polish, at the request of the Customer, however, with the consent of the seller it may also be conducted in another language.
5) the recording, securing and making available of the essential provisions of the concluded agreement for the provision of services by electronic means is effected by sending an e-mail message to the e-mail address provided by the Client.
6) the recording, securing, making available and confirming to the Customer the essential provisions of the concluded sales agreement shall be effected by sending the Customer an e-mail confirming the placed order and by attaching the order specification and fiscal proof of purchase to the shipment containing the product.
7) the content of the sales agreement is additionally recorded and secured in the online store's IT system.
8) using the online store via a web browser, as well as establishing a telephone connection with the seller may be associated with the need to cover the costs of connecting to the internet (data transfer fee) or the costs of a telephone call, in accordance with the tariff package of the telecommunications service provider used by the Customer.
9) In matters not regulated in these regulations, the generally applicable provisions of Polish law shall apply.
10) the provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer or an Entrepreneur on consumer rights, which he is entitled to under mandatory provisions of law. In the event of inconsistency of the provisions of these Regulations with the above provisions, these provisions shall prevail.
WITHDRAWAL FORM
COMPLAINT FORM
2. GIFT CARD REGULATIONS
DEFINITIONS
Capitalized terms used in these regulations have the following meanings:
Issuer – Vanda Novak spółka z ograniczoną odpowiedzialnością, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000712700, tax identification number (NIP): 6751632399, business registry number (REGON): 369217883, with its registered office in Kraków (31-511), ul. Rakowicka 11, with the share capital of PLN 10,950;
Stationary shop – a point of sale of goods run by the exhibitor located at the following address: Warsaw, ul. Mokotowska 51-53 lok. 65, 00-542 Warsaw,
Online store – a website through which the exhibitor sells goods, at the following address: www.vandanovak.com;
Gift card or card - a card and the points assigned to it, which together constitute a voucher or - if the card is issued in electronic form - the electronic equivalent of a voucher - issued to the bearer, entitling the holder to redeem it in a stationary store or an online store;
Balance – current number of points assigned to the gift card,
Purchaser – the person who purchases a gift card from the issuer;
Holder – the purchaser or any other third party who holds the gift card,
Goods – items offered for sale in a stationary store or online store.
GIFT CARD
A gift card enables you to purchase goods in the issuer's stationary store or online store and pay for the goods using the points assigned to the card.
A gift card is a paper card or an electronic card. A paper card is purchased in a brick-and-mortar store. An electronic card is purchased in an online store and sent to the buyer's email address. A buyer who purchased a card in an online store can receive a paper card only at their express request. In this case, the card will be sent to the address indicated by the buyer at the issuer's expense.
Each gift card contains a unique code.
Each gift card is assigned a number of points at the time of issue, either 300, 500 or 1,000 – depending on the purchaser’s choice.
Each point assigned to the gift card corresponds to the value of PLN 1 (one zloty).
The value of the gift card in zloty corresponds to the number of points assigned to that card.
The gift card is issued to the bearer.
A gift card purchased in a stationary store is non-refundable.
The Purchaser who has purchased a Gift Card issued in paper or electronic form (as an individually assigned unique code) via the Online Store may, without giving any reason, withdraw from the distance sales agreement within 14 (fourteen) calendar days by submitting an appropriate declaration of withdrawal (withdrawal form) to the Issuer.
By withdrawing from the Gift Card sales agreement, the Purchaser undertakes not to use the Gift Card until the Gift Card is returned. If, in the period between submitting a declaration of withdrawal from the Gift Card sales agreement and returning the Gift Card to the Issuer, the Purchaser/Holder redeemed the Gift Card, the Issuer is released from the obligation to return to the Purchaser the amount paid for issuing the Gift Card to the extent that the Purchaser/Holder used the nominal value of the Gift Card.
The gift card cannot be exchanged for cash.
The points balance assigned to the Gift Card is not subject to interest, increase or indexation.
The provisions of the Act of 19 August 2011 on payment services do not apply to the gift card.
The gift card is valid for 12 months from the date of issue.
After the expiry date of the gift card, it is not possible to exercise the rights associated with it, even if the balance on the card at the time of its expiry is greater than zero. The purchaser or other cardholder is not entitled to claim a refund of any amount due to the unused points assigned to the card during its period of validity.
It is prohibited to sell a Gift Card for a price exceeding the current balance on the Card.
GIFT CARD ISSUANCE
Only the Issuer is entitled to issue a gift card.
The gift card is issued in a stationary store or online store, however, in an online store the gift card can only be obtained in electronic form.
The issuer issues a gift card to the purchaser in exchange for the purchaser paying the issuer a price corresponding in zloty to the number of points assigned to the gift card, i.e. PLN 300, PLN 500 or PLN 1,000.
The purchase of a gift card is not subject to any discounts.
Payment for a gift card is made in cash, by payment card or in another form provided in a stationary store or online store. Payment for a gift card cannot be made using another gift card.
The funds transferred by the purchaser as payment for the gift card become the property of the issuer upon payment.
The sale of a gift card does not constitute a sale subject to value added tax (VAT) within the meaning of applicable tax law.
The Issuer does not issue a VAT invoice for the delivery of a gift card.
GIFT CARD REDEMPTION
With a gift card, the holder can pay for goods purchased in the issuer's stationary store or online store within the validity period of the card.
In order to exercise the rights from the gift card, the holder is obliged, at the latest before finalising the purchase transaction of goods, to present the card to the staff of the stationary store or - if the transaction is made in the online store - enter the unique code of the gift card in the appropriate window on the website. The above action of the holder also constitutes authorisation for the issuer to make the transaction on the terms specified in these regulations.
At the time of the transaction, the sum of points assigned to the gift card is reduced by a number corresponding to the total amount of the price due to the issuer for the sale of the goods covered by the transaction. At the same time, the issuer's claim against the holder for payment of the price for the goods covered by the transaction is written off to the extent of an amount equal to the number of points that are reduced for the transaction.
If the price of the goods that are the subject of a transaction made by the holder using the gift card exceeds the balance amount, the customer is obliged and entitled to pay the missing part of the price in one of the forms of payment provided for in a stationary store or online store.
If the price of the goods that are the subject of the transaction made by the holder using the gift card is lower than the balance amount, the points not used in this transaction will be assigned to a new gift card, which will be issued by the issuer, sent to the holder to the email address indicated by them and left at the holder's disposal, and the expiry date will be the same as the expiry date of the previously issued card. The new card can be used to make another transaction until the points assigned to this card are exhausted.
LOSS, DESTRUCTION, UNAUTHORIZED USE OF A GIFT CARD
The holder is solely responsible for the loss or destruction of the gift card. A new card can only be issued in place of a lost one if the holder shows the issuer proof of purchase of the card.
The holder is obliged to make every effort to prevent use of the gift card by unauthorised persons.
The issuer is not obligated to verify whether the holder acquired the gift card or used the card in an authorized manner. The transaction made with the card remains valid and results in a corresponding reduction of the gift card balance, even if the gift card or the code assigned to it has been used by an unauthorized person.
RIGHTS AND OBLIGATIONS OF THE EXHIBITOR
The issuer has the right to refuse to accept payment by card if:
Your card has expired;
The balance on the card is zero;
There is a reasonable probability that the cardholder has obtained possession of the card in an unauthorised manner, or that the card has been tampered with, or that the balance on the card does not correspond to the actual balance.
The Issuer shall provide the technical means to determine the number of cards issued, unique codes assigned to cards and transactions made using cards – in a manner that enables the correct determination of the validity period of each card and the current card balance.
The Issuer is obliged to make every effort to ensure that the rights from the cards are exercised correctly. However, the Issuer reserves the right to temporarily suspend the possibility of making transactions using the cards in the event of a failure or the need to conduct technical work or modernize the infrastructure related to the use of the cards.
COMPLAINTS. WITHDRAWAL. RETURN OF GOODS
Every cardholder is entitled to file a complaint about the card.
A complaint can be filed during the entire validity period of the card in a stationary store or by using the contact methods indicated in the Regulations of the online store.
The issuer shall consider the complaint immediately, no later than 14 days from the date of its receipt, unless it is necessary to provide the issuer with additional information for its consideration and the issuer has requested such information from the holder. In such a case, the above period is counted from the date of such information being provided.
If the card has defects that make it impossible or significantly more difficult to use it for its intended purpose, the issuer will issue a new card to the holder at their request, with a balance assigned to it in an amount corresponding to the balance of the card subject to the complaint established at the time of issuing the new card. In such a case, the rights arising from the previously issued card that was subject to the complaint expire.
In the event of an effective withdrawal from the purchase of a gift card pursuant to legal regulations, the issuer shall refund the price paid for the card only in the amount corresponding to the balance of the card at the time the declaration of withdrawal reaches the addressee. At the same time, the rights from the card expire. Transactions made to date using the card remain in force.
If the holder, acting under the provisions of law or the regulations of an online store, successfully returns goods purchased using a gift card, the issuer will increase the card balance or issue the holder an additional gift card, and the increase in the balance or the balance of the additional gift card will correspond to the price of the goods subject to return.
FINAL PROVISIONS
The content of the regulations is made available in the stationary store and in the online store in a way that allows it to be saved on a computer or medium or printed.
The provisions of the privacy policy applicable to the issuer's online store apply to the processing of the buyer's personal data.
The purchaser and any other cardholder is obliged to comply with the provisions of these regulations.
The cardholder cannot plead the claim that the purchaser did not inform him of the content of the regulations when handing over the card.
The Issuer reserves the right to change the regulations, provided that such changes do not affect the rights of purchasers of cards already issued and holders using such cards.
The changes referred to above shall enter into force within 7 (seven) days from the date of publication of the new regulations.
Polish law applies to the legal relationship resulting from the issuance of the card.
The current wording of the Regulations is effective from 20/10/2023.