REGULATIONS

Regulations

This document (the “Regulations”) sets out the rules of sale contracts as well as terms of performance and use of other services provided by the seller through online store as well as the rights and obligations of the customer and dealer of concerning the distance sale of goods and other services performed by a Seller.

With regard to services provided by electronic measure, these regulations are the regulations referred to in Art. 8 of July 18, 2002 Act on the provision of services by electronic means (Dz. U. 2017.1219 t.j. z zm.). The Regulations are also an integral part of the Sale Contract concluded between the Seller and the Customer.

The rights to the content made available as part of the services provided via the Online Shop, in particular the copyrights to the content, graphics, photos of goods and other elements, the name and logo of VANDA NOVAK (registered trademark), graphic elements included therein, software and database rights are legally protected and vested in the Seller or entities with whom the Seller has concluded appropriate agreements.

Online store

1) Online store is available at vandanovak.com

2) Online store is conducted by a company Vanda Novak spółka z ograniczoną odpowiedzialnością with registered seat in Kraków (31-511), ul. Rakowicka 11, Company entered in the register of entrepreneurs at the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, KRS 0000712700, NIP 6751632399, with share capital PLN 10 950.00; e-mail address: shop@vandanovak.com telephone number: +48 518 263 621.

3) contact with the store is possible through an electronic e-mail, traditional e-mail, and by phone on working days at the hours from 11:00 am to 7:00 pm.

4) the use of the online store requires meeting by the end device and the tele-information system, that the customer uses, technical requirements set out in the following part of the Regulations.

Definitions
Definitions used in these Regulations have the meaning indicated below:
a) Seller – Vanda Novak spółka z ograniczoną odpowiedzialnością with registered seat in Kraków (31-511), ul. Rakowicka 11, Company entered in the register of entrepreneurs at the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, KRS 0000712700, NIP 6751632399, with share capital PLN 10 950.00.

b) Customer – a physical person, legal person or organizational unit without legal personality which the law is granted to legal ability; having full capacity for legal actions.

c) Consumer – a physical person performing with an entrepreneur of legal action not directly related to its business or professional activity.

d) Entrepreneur – a natural person, a legal person or an organizational unit which is not a legal person but to which the law grants legal capacity, conducting in its own name economic or professional activity and performing a legal action directly related to its economic or professional activity.

e) Entrepreneur with Consumer Rights - a natural person concluding a Sale Contract directly related to his/her business activity, when it follows from the content of the Sale Contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, 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 for an indicated customer range for the payment of the price indicated in the online store; in particular footwear and accessories for footwear.

g) Price – established in polish zloty (PLN) or any other currency, the amount of gross remuneration (including taxes) of the seller belonging to the customer by transfer of product ownership in accordance with the terms of the concluded contract. The price does not contain the delivery costs, unless the special conditions specified by the Seller for a specific Sale Contract are otherwise.

h) Delivery costs – delivery costs of the product purchased by the customer to the delivery address provided by the customer, collected by the seller and set by the courier, carrier or postal company.

i) Cart – service provided each Customer that use of the Online store, uner which the Customer can order one or several products, and that provide other functionality to facilitate the conclusion of such contract, e.g. display summary prices several products and all products including display delivery cost, and display of the expected delivery date of the products.

j) Account – marked individual name (user name) and password provided by the customer set of resources in the Seller’s IT system, allowing the use by the Customer of additional features / services, such as saving and storing information about the delivery address specified by the client track status order, access to order history and to other services provided by the Seller.

k) Login – Customer’s e-mail address given by her/him at account registration.

l) Password – a sequence of alphanumeric characters, necessary to authorize account access, specified by the Customer during registration of the account.

m) Newsletter – an electronic service that makes its recipients receive information about the product, products, online store, including new products and promotions via e-mail indicated by the Customer.

n) Promotions – special conditions of sale or provision of services, regulated on the Regulations set by the Seller, proposed by the Seller, during a specified period, which the customer may take advantage of under the terms of these conditions, concerning in particular a reduction in price or delivery costs.

o) Order – declaration of the Customer’s will expressing the direct will of concluding the Sale contract specifying products to be purchased and the customer’s details to be concluded.

p) Sale contract – contract for the sale of a product in the understanding of Polish civil code provisions, under which the seller shall transfer ownership of the product to the customer for the payment of the price (plus delivery costs in certain specified cases).

Technical requirements

Minimum technical requirements which fulfillment is necessary for cooperation with the teleinformatic system, which the Seller uses, including a contract for the provision of services or the contract of contract, are:

1) multimedia device with internet access (computer, laptop, telephone, smartphone, tablet etc.) enabling entering, sending and receiving data;

2) access to electronic mail (active e-mail address);

3) web browser:

a) internet explorer version 10.0 and up, or

b) opera in version 12.0 and higher, or

c) google chrome in 23.0 version. And higher or

d) mozilla firefox version 17.0 and higher or

e) safari version 5.0 and 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 free of charge following electronic services for the Customer, through the online store:

a) Account,

b) Cart,

c) Newsletter.

1. Account

1) the account service is a service performed on the basis of a contract concluded between the Seller and the Customer through the online store. The contract is concluded with the customer receiving the e-mail address of the account registration by the Customer.

2) notification of account registration is sent to the customer after the following procedure by the customer:

a) clicking the “Register account” field available on the website of the online store;

b) providing the data in the field of a form on the website of the online store in the scope of at least a field marked as a mandatory, including the login and password;

c) clicking “confirm”.

3) the Account service is provided for free for an unlimited time.

4) using the Account is not necessary to conclude Sale contract. However, the account service allows the execution of additional services to the Customer, such as saving and storing customer data, tracking the client, client, assistance, and making the service.

5) the Customer can, at any time and without reasoning the reason to cancel the Account by submitting an appropriate request to the seller. Cancellation of an account is not conditioned, and the seller will not issue any claims from this title.

6) after cancellation of the account, the Customer will not be accessible to the data stored under the account or to its functionality.

7) cancellation of the Account does not limit the Customer in the possibility of re-registering the account or in making purchases in the online store or in the use of other store services. Re-registering your account will not enable the re-access to data stored within a previous account.

2. Cart

1) the Seller’s provision of the basket service starts with the customer adding the first product to the basket by selecting the product and clicking the “add to cart” box.

2) through the Cart customer can place an order one or several products, as well as use of functionality to facilitate the conclusion of such as display summary of particular products and prices of all products including delivery cost of display, display of anticipated date of delivery of products.

3) the Cart service is one-time service and ends when the order is placed or when the Customer cancels the purchase.

3. Newsletter

1) Newsletter service is provided on the basis of a contract concluded by the online shop with the Customer, who in the appropriate field of the form for entering data when placing an order or registering an account, provided his/her active e-mail address and selected and approved the option " I want to receive the newsletter - information about news, promotions, products or services of VANDA NOVAK sp. z o.o.".

2) the conclusion of the contract for the provision of the newsletter service is tantamount to consenting 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 Newsletter service, the Seller shall send to the Customer at the e-mail address provided by the Customer messages - in .html or similar format or .pdf or similar format - containing information on the activities of the Seller, products and services offered, including news, special discount, marketing or promotional actions, advertisements of the Seller or the Seller's partners, or other information.

4) the Seller undertakes that the Newsletter will not present any content which is illegal, contrary to the law or infringes on someone's subjective rights.

5) the Newsletter will be sent to the e-mail address provided. The Seller shall not be liable for incorrect provision of 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 which prevents or significantly hinders the sending of the Newsletter.

6) the provision of personal data by the Customer is a condition for the conclusion of the contract for the provision of the Newsletter service. If the Customer wishes to obtain the Newsletter service without providing personal data, the Customer should contact the Seller directly in order to determine the details of such provision.

7) if the Customer has consented to the Seller profiling his/her activity at the end of his/her preferences, by ticking the appropriate box on the relevant page of the shop's website, the information contained in the Newsletter, as well as the presented commercial offers, marketing or promotional actions may be of an individual nature, developed only for a given Customer or group of Customers to which the Customer belongs.

8) the Customer may unsubscribe from the Newsletter service at any time by sending an appropriate message to the customer. The cancellation can also be made by clicking on the link enabling the cancellation of the Newsletter, which is sent with each Newsletter.

4. Termination of the agreement for the provision of services by the Seller

1) the Seller is authorized to terminate any contract for the provision of services with an immediate effect if an important cause is disclosed.

2) important cause is considered in particular:

a) change of law regulations concerning the provision of services by electronic means affecting the possibility of providing these services

b) change of these Regulations provisions caused by technical or technological reasons;

c) change the scope or provision of the services to which these Regulations apply, through the modification or withdrawal by the Seller of existing functionalities or services covered by the Regulations,

d) stopping the activity of the online store, initiating the insolvency or restructuring proceedings,

e) lack of Customer activity in the online store for a period of 3 years from the last activity date,

f) blatant violation by the Customer of the provisions of the agreement on the provision of services, including the provisions of these Regulations.

3) The Seller shall send a notice of termination to the e-mail address provided by the Customer during registration at the online shop.

Sale contract

5. Product presentation

1) to enable placing an order and conclude a Sale contract, the seller presents products on the online store, placing their description and photos.

2) The Seller shall make every effort to ensure that the product description does not mislead the customer as to the essential characteristics and features of the product and, where photographs are included, that the product photograph reflects the product as closely as possible.

3) the Seller reserves that the products presented in the picture may be slightly different (color shades, size) from products available in reality.

4) information presented in the online store are only an invitation to conclude an agreement within the meaning of article 71 of Polish civil code, directed by the seller to customers, not an offer in the meaning of civil code regulations.

5) the Seller undertakes to make every effort to ensure the availability of the products he presents on the website. However, the Seller stipulates that in exceptional situations (e.g., simultaneous or almost simultaneous placing of an order for the same product causing its availability to run out 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 contract of sale shall not come into effect and the Seller shall take all steps to refund to the Customer the full amount paid towards the contract of sale or otherwise resolve the situation.

6. Submitting an order

1) to conclude a Sale Contract, the Customer makes an order. Orders can be placed seven (7) days a week, 24 hours a day.

2) placing an order is done by the following procedure performed by the Customer:

a) choosing the right product on the online store and choosing its features, if only they are available (color, size etc.);

b) adding the selected product or products to the cart,

c) choosing the right field with notifying the intention to finalize the contract,

d) providing customer data on the form with at least specified as mandatory,

e) selecting the delivery method,

f) selecting the method for paying the price and delivery costs,

g) approval of placing an order by clicking the “order and pay” box.

h) in the case of selecting the appropriate payment option via TPay (e.g. payment card, bank transfer, BLIK) or paypal, making the payment on the page to which the customer has been redirected.

3) to place an order, it is necessary to provide at least the following data: name and surname, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sale Contract: product(s), quantity of the product(s), if available, type, colour and size of the product(s), 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 specify the company. In the case of customers who are Entrepreneurs or Entrepreneurs on the rights of the Consumer, it is necessary to provide a VAT invoice or receipt, the Tax Identification Number.

4) the provision of out-of-date or false customer data may render the performance of the Sale contract impossible or considerably delayed.

5) the Customer who uses the Account service may log in to his/her account before placing the order; in such a situation, the data previously provided by him/her will automatically appear in his/her account and the order will be added to the order history. The Customer using the Account service should confirm in the order form the validity of the data necessary to conclude and perform the Sale Contract.

6) before making payment or finalizing an order without specifying payment, the Customer is informed of the total price of the ordered products and the delivery costs.

7) the order constitutes an offer by the Customer within the meaning of the Polish Civil Code.

8) until the payment for the ordered products is made, the Customer may cancel the order.

7. Order confirmation

1) after placing an order, the Seller immediately sends a message to the customer's e-mail address provided for that purpose by the customer confirming the receipt of the order and initiating its verification.

2) The verification takes place immediately and includes the availability of the selected product, payment (in the case of choosing electronic payment, payment card, bank transfer), the correctness of the data provided by the Customer to the extent enabling the conclusion of the Sale Contract and the circumstances indicated below in point 3).

3) The Seller may refuse positive verification of an order only in justified cases if it has been placed by a Customer who has violated or previously violated the terms of the Sale Contract or the provisions of these Regulations.

4) When choosing electronic payment, payment card, bank transfer, failure to make payment within 24 hours after the Seller receives the order entitles the Seller to consider that the order has not been positively verified. The Seller may extend this time and may also introduce a procedure for electronic or telephone reminders to make payment.

5) After verifying the order, the Seller sends a message to the Customer at the e-mail address provided, confirming that the order has been accepted 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, payment card, bank transfer), failure to provide the Customer with correct data making it impossible to complete the order.

6) The contract of sale comes into effect when the Customer receives a message from the Seller confirming the order, to the extent of the confirmed products. If the Customer chooses to pay by cash on delivery or cash on delivery, the Sale Contract is concluded on the condition that the Customer pays the price together with the delivery costs to the Seller at the same time as collecting the product.

7) If it is not possible to confirm the order, the Sale Contract shall not be concluded. The Seller shall inform the Customer immediately about the reasons for the Sale Contract not being concluded.

8) If the reason for failure to conclude a Sale Contract is lack of availability of the goods, the Seller may offer the Customer to conclude a Sale Contract for another product or agree with the Customer on a different procedure.

9) If some of the products included in the order are unavailable, the Customer shall be informed thereof immediately. The Customer shall decide whether the order is to be fulfilled in part or cancelled in full.

10) In case the Sale Contract has not been completed and no other arrangements have been made by the Parties, the Seller shall immediately, but not later than within 14 days, return to the Customer the whole amount paid by the Customer, using such a method of payment as was chosen by the Customer when placing the order.

11) The Seller may keep the Customer informed about the status of the order, in particular by sending messages to the e-mail address provided by the Customer, text messages or contacting by phone.

12) Once the order has been confirmed, the Seller shall immediately dispatch the ordered product using the delivery method selected by the Customer. The Seller notifies the Customer about these actions.

8. Payment methods

1) payment for the ordered products may be made, at the Customer's choice, by one of the following methods:

a) cash on delivery at the time of delivery (only within the territory of the Republic of Poland);

b) by electronic payment or payment card through authorized services (Przelewy 24, Stripe, PayPal);

c) by bank transfer to the Seller's bank account,

2) The Seller reserves the right to reduce the offered payment methods without giving any reason.

3) The current payment methods are indicated in the online shop on the page displayed during the ordering procedure. The available payment methods may depend on the delivery method selected by the Customer.

4) If the Customer chooses cash on delivery, the Customer is obliged to make payment at the same time as collecting the parcel - to the courier, carrier or postal employee delivering the parcel. Refusal to collect the product, despite setting an additional appropriate time limit, results in termination of the Sale Contract and refusal to process the order.

5) payment by bank transfer shall be made to the Seller's bank account indicated on the relevant page of the online shop. The Seller may change the account by unilateral decision, whereby the current bank account indicated on the relevant subpage is binding.

6) Settlement of electronic payment and payment card transactions shall be carried out at the choice of the Customer through authorized providers of such services, under the terms and conditions set by such providers.

9. Delivery, delivery costs, delivery date

1) The Seller enables delivery of the product to any address in the territory of the Republic of Poland and to selected countries indicated on the website of the online shop.

2) Delivery of the product to the customer in Poland is free of charge above an order of 500 PLN. If the value of the order is less than 500 PLN, the cost of delivery is 12 PLN. The cost of delivery outside Poland is covered by the customer, who is informed about the cost of delivery at the time of placing the order.

3) The costs of delivery of the product are indicated to the customer as part of the order placement procedure. The Seller may also present the delivery costs in the information for each specific product.

4) The Seller allows the following types of delivery:

a) courier delivery,

b) cash on delivery (only within the territory of the Republic of Poland),

c) parcel delivery by inpost (only within the territory of the Republic of Poland).

5) The available methods of delivery may depend on the method of payment chosen by the Customer.

6) The total waiting time for the customer to receive the product (delivery time) consists of the time for the seller to prepare the order for shipment and the time for the courier to deliver the product.

7) The deadline for delivery of the product to the customer is up to 7 working days, unless a different deadline is specified in the product description or when placing an order. If several products with different delivery times are ordered at the same time, the delivery time applicable to the order shall be the longest of the indicated times for the individual product.

8) The delivery period shall commence upon the conclusion of the Sale Contract.

9) If the Customer fails to collect the product and return it to the Seller, the Seller may withdraw from the contract.

10) in the event that the Customer – Consumer or Entrepreneur on the rights of a Consumer – has chosen a method of delivery of the order other than the cheapest ordinary method of delivery offered by the Seller then, in the event of withdrawal from the Sale Contract, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur on the rights of a Consumer the additional costs incurred by him/her.

11) in the case of delivery to a country outside the European Union, the Customer may be obliged to pay import duties and taxes, which are levied after the shipment reaches the designated point of destination. The Customer will then be liable for any additional customs clearance costs beyond the Seller's control. The Customer must bear in mind that the customs policies of individual countries may vary considerably. For further information, including formalities, the Customer should contact his local customs office. Furthermore, the Customer is obliged to comply with all legal formalities applicable 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 of defects.

2) In case the product covered by the Sale Contract has defects, the Seller shall be liable to the Customer under the warranty on the terms specified in the provisions of the Civil Code (Article 556 and subsequent articles of the Civil Code).

3) A complaint may be lodged by the Customer by e-mail to shop@vandanovak.com; in writing to Vanda Novak sp. z o.o., ul. Rakowicka 11, 31-511 Kraków; or by telephone at +48 518 263 621. 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 address of the Seller's registered office, i.e., Vanda Novak sp. z o.o., ul. Rakowicka 11, 31-511 Kraków in order to have the product examined. The cost of delivering the product shall be borne by the Seller if the complaint is successful;

5) If a sold product has a defect, the Customer may:

a) make a declaration to reduce the price or withdraw from the Sale Contract, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective product with a defect-free one or removes such defect. The reduced price shall be in such proportion to the contract price as the value of the product with the defect remains to the value of the product without the defect. The customer may not withdraw from the contract if the product defect is insignificant;

b) demand to replace the product with a defect-free one or to remove the defect. The Seller is obliged to replace the defective product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience for the Customer.

6) Instead of the rectification of defects suggested by the Seller, the Customer may demand replacement of the product with a defect-free one or demand rectification of the defect instead of replacing the product, unless bringing the product into conformity with the agreement in a manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of the costs, the value of the product free from defects, the type and significance of the defect found, as well as the inconvenience to which the consumer would be exposed by another way of satisfaction is taken into account.

7) If the Customer is an Entrepreneur, the Seller may refuse to replace the item with a defect-free one or to remove the defect also when the costs of satisfying this obligation exceed the price of the sold item.

8) The complaint should include at least the description of the defect found and the date of its discovery, the date of purchase of the product, contact details of the person submitting the complaint, specification of the demand.

9) The Seller shall respond to the Customer's complaint immediately, but not later than within 14 days from the date of its receipt. If the Customer has requested a replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced and the Seller has not responded to this request within 14 days from the date of its receipt, it is deemed that the Seller has acknowledged the request as justified.

10) The Seller shall be liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the product to the Customer. The claim for rectification of the defect or replacement of the product with a defect-free one year from the date the defect was found, however, in case of an order placed by a Consumer or Entrepreneur on the rights of a Consumer - the period of limitation shall not end before the expiry of the period referred to in the first sentence.

11) The provisions of this paragraph shall apply accordingly to complaints about electronic services provided by the Seller.

Withdrawal from the contract

1) The Customer who is a Consumer or an Entrepreneur on the rights of a Consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment when the Customer took possession of the item or when a third person other than the carrier indicated by the Customer took possession of the item.

2) In the case of a Sale Contract which:

a) involves multiple products which are delivered separately, in batches or in parts - the withdrawal period starts from the taking possession of the last product, batch or part, or

b) consists in the regular supply of products for a fixed period of time - the withdrawal period shall begin from the taking possession of the first of the products;

3) In order to comply with the 14-day period referred to in (1) or (2) above, it shall be sufficient to send your notice of withdrawal before its expiry. The declaration may be made using the form, a specimen of which is provided at this URL.The use of the form is voluntary.

4) The Consumer or Entrepreneur on the rights of the Consumer is obliged to return the product to the Seller without delay, but not later than within 14 days from the day on which he or she withdrew from the Sale Contract, or hand it over to a person authorised by the Seller to collect it.

5) In the case of withdrawal from the contract, the Customer is obliged to return the goods to the address: Omnipack sp. z o.o., ul. Szczecińska 49, 66-400 Gorzów Wielkopolski, Park Panattoni, rampa T48, dopisek: zwrot Vanda Novak, immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the item himself. The returned goods must be packed in a way that prevents them from being damaged in transit.

6) In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.

7) in the event of withdrawal from this contract, the Customer shall be refunded all payments received from him/her, including the costs of delivery of the goods (except for the additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered for the delivery of the goods), immediately and in any case not later than 14 days from the day on which the Seller was informed of the Customer's decision to exercise his/her right of withdrawal.

8) In case of partial withdrawal from the contract by the Customer, the Customer shall be refunded a part of the delivery costs which are causally related to the cancelled goods.

9) The Seller shall return the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer.

10) The Seller may withhold the reimbursement of the payment until it has received the returned goods (item(s)) or until it has provided proof of return of these goods in connection with the withdrawal, whichever event occurs first.

11) In the event that the Customer who is a Consumer or an Entrepreneur with consumer rights has chosen a delivery method for the order other than the cheapest ordinary delivery method offered by the Seller then, in the event of withdrawal from the Sale Contract, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with consumer rights for the additional costs incurred by the latter.

Out-of-court complaint and redress procedures and rules of access to these procedures

1) the use of out-of-court procedures for the handling of complaints and the assertion of claims is voluntary and does not exclude the Customer's right to refer the case to the competent common court.

2) The principles of out-of-court consumer dispute resolution proceedings and the obligations of Entrepreneurs in this respect are set out in the law (including in particular the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes.

3) A Customer who is a Consumer or an Entrepreneur on the rights of a Consumer has the following exemplary possibilities to use out-of-court ways of handling complaints and claims:

a) applying to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000. On commercial inspection with a request to resolve a dispute arising from a concluded Sale Contract.

b) to apply to the provincial inspector of trade inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, with a request to initiate mediation proceedings for out-of-court dispute resolution between the Customer and the Seller.

c) obtain free assistance in resolving a dispute between a Customer and a Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).

d) submit a complaint via the European online platform ODR: http://ec.europa.eu/consumers/odr/.

4) Information on the possibility of using out-of-court procedures for handling complaints and pursuing claims by a Customer who is a Consumer or an Entrepreneur on the rights of a Consumer, as well as rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Commercial Inspection Inspectorates and at the following Internet addresses of the Office of Competition and Consumer Protection (Urząd Ocheony Konkurencji I Konsumentów):

https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php

Specific obligations of the Customer

1) The Customer is obliged to:

a) provide true and up-to-date data necessary for the performance of the contract and, in the event of a change, to update them;

b) to pay on time the price and other costs agreed by the customer and the seller in full;

c) timely collection of the products ordered using the cash on delivery and cash on delivery payment method and which are subject to reservation.

2) The customer shall also be obliged to use the online shop in a manner that does not disturb its functioning, complies with the provisions of the law, the provisions of these regulations, as well as with the accepted customs and rules of social coexistence in this respect, and in particular to:

a) not to disseminate within the shop any content prohibited by the provisions of the applicable law, as well as content that violates the rights or goods of third parties;

b) not to send unsolicited commercial information;

c) not to undertake any actions constituting an unauthorized interference with the Seller’s IT system;

d) not to undertake any actions aimed at gaining access to information not intended for the customer, including other customers' data;

e) not to undertake actions aimed at unauthorized modification of the content found on the web shop's website, unless such a possibility has been provided for by the Seller.

Product reviews

1) The Seller may make available to Customers the possibility of posting opinions about the shop, the Seller or the products - within the Online shop or external services belonging to third parties. In this case, the provisions of this paragraph shall apply to the posting of opinions.

2) Posting an opinion is possible after using the online shop, in particular after concluding a Sale Contract, and posting opinions is possible at any time.

3) The Customer shall formulate opinions in a fair, honest and factual manner, as far as possible linguistically correct and without using vulgarisms and other words commonly considered offensive.

4) It is prohibited to post opinions:

a) without prior use of the online shop;

b) meeting the criteria of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on combating unfair competition;

c) infringing 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 shop.

5) The Seller may verify at any time whether the posted opinions comply with the Regulations and, in particular, whether they come from Customers who have actually purchased products. If the Customer has any doubts about the posted opinions, the Customer may report the opinion to the Seller for verification. Upon receipt of a notification from the Customer, the Seller shall take actions, appropriate to its capabilities, aimed at verifying the posted opinion.

6) The Seller does not operate a system consisting of discounts/gratuities/payments in exchange for giving an opinion. If it is not possible to verify the provider of an opinion, such an opinion will not be placed in the online shop. If an opinion is posted that does not meet the requirements provided for in these Regulations, the Seller may refuse to publish the opinion or remove it.

Personal data protection

1) The Customer's personal data is processed by the Seller as personal data administrator.

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 Sale Contract.

3) The Seller applies appropriate technical and organisational measures to ensure the protection of the processed personal data.

4) Detailed principles of personal data processing are specified in the Privacy Policy.

Amendment of Regulations

1) The Seller has the right to amend these Regulations.

2) Orders placed before the change and Sale Contracts concluded as a result of such orders shall be governed by the provisions of the Regulations in the wording valid at the time of placing the order.

3) In the case of amendments to the Regulations, the Seller shall make the consolidated text of the Regulations available on the website of the online shop and shall inform each Customer using the Account or Newsletter service about the amendments by sending a message to the e-mail address provided by the Customer.

4) The Customer shall have the right to terminate the contract for provision of the Account or Newsletter service within 14 days from the date of notification of amendments to the Regulations.

Final provisions

1) These Regulations are valid as of 20.10.2023.

2) Polish law shall apply to contracts concluded by the Seller.

3) The choice of Polish law under these Regulations shall not deprive the Consumer of the protection granted to him under the provisions which cannot be excluded by agreement between the Seller and the Consumer under the law which, according to the relevant regulations, would be applicable in the absence of choice.

4) Contracts concluded by the seller shall be concluded in Polish; correspondence in the performance of such contracts shall be in Polish; however, at the request of the customer, with the consent of the seller, it may also be conducted in another language.

5) Recording, securing and making available the significant provisions of the contract concluded for the provision of services by electronic means is done by sending an e-mail to the e-mail address provided by the Customer.

6) The essential provisions of the concluded Sale Contract are recorded, secured, made available and confirmed to the Customer by sending an e-mail to the Customer with the confirmation of the order and by attaching the order specification and fiscal proof of purchase to the parcel containing the product.

7) The content of the Sale Contract is additionally recorded and secured in the IT system of the online shop.

8) Using the online shop via a web browser and establishing a telephone connection with the Seller may involve the necessity to cover the costs of connection to the Internet (data transmission fee) or the costs of a telephone connection in accordance with the tariff package of the telecommunications service provider used by the Customer.

9) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law.

10) The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is simultaneously a Consumer or Entrepreneur on the rights of a Consumer to which he/she is entitled under mandatory provisions of the law. In the event of any inconsistency between the provisions of these Regulations and the aforementioned provisions, those provisions shall prevail.

 

RETURN FORM

COMPLAINT FORM

 

REGULATIONS FOR THE USE OF THE GIFT CARD AT VANDA NOVAK STORES

1. DEFINITIONS

Capitalized terms used in these regulations have the following meanings:

• Issuer - Vanda Novak limited liability company, entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000712700, NIP (Tax Identification Number): 6751632399, REGON: 369217883 with its registered office in Krakow (31-511), Rakowicka 11, with share capital of PLN 10,950;

• Physical store - a point of sale of goods operated by the Issuer located at the following address: Warsaw, 51-53 Mokotowska St. 65, 00-542 Warsaw, Poland.

• Online store - the website through which the Issuer sells goods, at the 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 Holder, entitling the holder to redeem it in a physical store or online store;

• Balance - the current number of points assigned to the gift card,

• Purchaser - a person who purchases a gift card from the issuer;

• Holder - the purchaser or any other third party who holds the gift card,

• Merchandise - items offered for sale in a physical store or online store.

2. GIFT CARD

1. The gift card allows you to purchase goods from the Issuer's physical store or online store and pay for the goods by using the points assigned to the card.

2. The gift card is in the form of a paper card or an electronic card. The card in paper form is purchased at a physical store. The card in electronic form is purchased in an online store and is sent to the purchaser's email address. The purchaser who purchased the card in the online store can receive the card in paper form only at his express request. In this case, the card will be sent to the address specified by the purchaser at the expense of the issuer.

3. Each gift card contains a unique code.

4. To each gift card, at the time of its issuance, is assigned a number of points, in the amount of 300, 500, or 1000 - depending on the choice of the purchaser.

5. Each point assigned to a gift card corresponds to the value of 1 PLN (one Polish zloty).

6. The value of the gift card in PLN corresponds to the number of points assigned to the card.

7. The gift card shall be issued to the Holder.

8. The Gift Card purchased in a physical store is not refundable.

9. The Purchaser who has purchased a Gift Card issued in paper or electronic form (as an individually assigned unique code) through the Online Store may, without indicating any reason, withdraw from the contract of sale concluded remotely within 14 (fourteen) days, by submitting to the Issuer an appropriate statement of withdrawal (withdrawal form).

10. By withdrawing from the contract of sale of the Gift Card, the Purchaser undertakes not to use the Gift Card until it is returned. If, during the period between the submission of the statement of withdrawal from the contract of sale of the Gift Card and the return of the Gift Card to the Issuer, the Purchaser/Bearer has redeemed the Gift Card, the Exhibitor shall be released from the obligation to return to the Purchaser the amount paid for the issuance of the Gift Card to the extent that the Purchaser/Bearer has used the nominal value of the Gift Card.

11. The gift card is not exchangeable for cash.

12. The balance of points assigned to the gift card shall not be subject to interest, increase or valorization.

13. The provisions of the Polish Act of August 19, 2011 on payment services shall not apply to the gift card.

14. The gift card has a validity period of 12 months from the date of issue.

15. After the expiration 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 expiration is greater than zero. Neither the purchaser nor any other cardholder shall be entitled to a claim for reimbursement of any amount due to non-use of points assigned to the card during its validity period.

16. The sale of a gift card for a price exceeding the amount representing the current balance of the card is prohibited.

3. GIFT CARD ISSUANCE

1. Only the Issuer is authorized to issue a gift card.

2. The gift card shall be issued in a physical store or an online store, whereby in an online store the gift card may only be obtained in electronic form.

3. The Issuer issues the gift card to the purchaser in exchange for the purchaser's payment to the Issuer of the price corresponding to the number of points assigned to the gift card in PLN (Polish zloty), i.e. 300 PLN, 500 PLN or 1000 PLN.

4. The purchase of a gift card is not subject to any discounts.

5. Payment for the gift card shall be made in cash, by payment card or in any other form provided in the physical store or online store. Payment for a gift card cannot be made using another gift card.

6. The funds transferred by the purchaser for payment of the gift card price shall become the property of the issuer upon payment.

7. The sale of a gift card does not constitute a sale subject to value added tax (VAT) under the applicable tax laws.

8. The issuer shall not issue an invoice for the delivery of the gift card.

4. EXECUTION OF THE GIFT CARD

1. With the gift card, the Holder may make, within the validity period of the gift card, payment for goods purchased at the issuer's physical store or online store.

2. In order to exercise the right of the gift card, the Holder is obliged, at the latest before finalizing the transaction for the purchase of goods, to present the card to the staff of the physical store, or - if the transaction is made in the online store - to enter the unique code of the gift card in the corresponding window on the website. The above action of the holder is at the same time an authorization for the issuer to make a transaction under the terms of these regulations.

3. At the time of the transaction, the sum of points assigned to the gift card is reduced by the number corresponding to the total amount of the price payable to the issuer for the sale of goods included in 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 shall be cancelled to the extent of the amount equal to the number of points being reduced due to the transaction.

4. In the event that the price of the goods that are the subject of the transaction made by the holder with the gift card exceeds the balance amount, the customer shall be obliged and entitled to pay the missing part of the price in one of the forms provided for payment in the physical store or online store.

5. In the event that the price of the goods that are the subject of the transaction made by the holder with the gift card is less than the balance amount, the unused points under this transaction will be assigned to a new gift card, which will be issued by the issuer, sent to the holder at the email address indicated by the holder and left at the holder's disposal, and whose expiration date will be the same as that of the previously issued card. The new card will be able to be used in making another transaction until the points assigned to this card are exhausted.

5. LOSS, DESTRUCTION, UNAUTHORIZED USE OF GIFT CARD

1. The holder is solely responsible for the loss or destruction of the gift card. The issuance of a new card in place of a lost one may only take place if the holder shows the issuer a receipt for the purchase of the card.

2. The holder is obliged to make every effort to prevent the gift card from being used by unauthorized persons.

3. The issuer is not obligated to verify whether the holder has purchased the gift card or used the card in an authorized manner. A 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 was used by an unauthorized person.

6. RIGHTS AND OBLIGATIONS OF THE ISSUER

1. The issuer has the right to refuse to accept payment by card if:

1. The expiration date of the card has passed;

2. The balance on the card is zero;

3. There is a reasonable probability that the holder has gained unauthorized possession of the card, or that the card has been counterfeited, or that the balance on the card is not true.

2. The issuer shall provide technical means for determining the number of cards issued, the unique codes assigned to the cards, and the transactions made with the cards - in such a way as to properly determine the expiration date of each card and the current balance on the card.

3. The Issuer is obliged to make every effort to ensure that the execution of card entitlements is carried out correctly. However, the Issuer reserves the right to temporarily suspend the possibility of transactions with the cards in the event of a malfunction or the need to carry out technical work or upgrade the infrastructure related to the use of the cards.

7. COMPLAINTS. WITHDRAWAL. RETURN OF GOODS

1. Any cardholder is entitled to file a complaint about the card.

2. A complaint may be filed during the entire period of validity of the card in a physical store or by using the method of contact indicated in the Rules of the online store.

3. The issuer shall consider the complaint immediately, not more than 14 days from the date of its receipt, unless additional information is necessary for its consideration, and the issuer has requested such information from the holder. In this case, the above deadline is calculated from the date of delivery of such information.

4. If the card has defects that prevent or significantly impede its use for its intended purpose, the issuer shall, at the holder's request, issue a new card in favor of the holder, with a balance assigned to it in the amount corresponding to the balance of the card subject to the complaint as determined at the time of issuance of the new card. In this case, the entitlements flowing from the previously issued card that was subject to the complaint shall expire.

5. In the event of an effective withdrawal from the purchase of a gift card under the provisions of the law, the issuer shall refund the price paid for the card only in the amount that corresponds to the balance of the card at the time the statement of withdrawal reached the addressee. At the same time, the card's rights expire. Transactions made so far with the card remain in effect.

6. In the event that the holder, acting on the basis of the law or the rules of the online store, successfully returns the goods purchased with the gift card, the issuer will either increase the balance of the card or issue an additional gift card to the holder, with the increase in the balance or the balance of the additional gift card corresponding to the price of the goods to be returned.

8. FINAL PROVISIONS

1. The content of the Regulations is made available in the physical store and in the online store in a manner that allows it to be saved on a computer or media or printed.

2. The provisions of the privacy policy of the issuer's online store shall apply to the processing of the purchaser's personal data.

3. The purchaser and any other cardholder shall comply with the provisions of these regulations.

4. The cardholder may not hide behind the allegation that the purchaser, when giving the card to him, did not inform him of the content of the regulations.

5. The issuer reserves the right to amend the regulations, but such amendments shall not affect the rights of purchasers of already issued cards and holders using such cards.

6. The changes referred to above shall be effective within 7 (seven) days from the date of making available the regulations in their new wording.

7. Polish law shall apply to the legal relationship arising from the issuance of the card.

8. This regulations in the current wording shall be effective as of 20.10.2023.