Regulations of the Vasco OFFICIAL online store
§1 Basic definitions
§2 General provisions
§3 Terms of service
§4 Terms of the contract
§5 Order processing
§7 Payment methods
§10 Complaint procedure
§12 Out-of-court complaint consideration and redress methods
§13 Final provisions
Dear Customer, these Regulations regulate the manner of concluding sales contracts via the above-mentioned website, the rules for the implementation of these contracts, including delivery, rights and obligations arising from applicable law, and the procedure for withdrawal from the contract and complaint procedure. The regulations consist of four main parts:
in § 1-3, there are general provisions of these Regulations;
in § 4 to 7 - the process of purchasing the Good / Services has been described;
in § 8 to 12 - there are regulations related to finding defects in Goods / Services as well as the right to withdraw from the contract;
in § 13 to 14 - all other regulations were included.
§1 Basic definitions
Online store - https://vasco-nails.com/pl
Seller - VASCO OFFICIAL GEL POLISH Marcin Zieliński, ul. Legionów 25, 91-069 Łódź, tel. +48 667 043 907, NIP 7251854223
Seller's address - whenever the Regulations mention the address of the Seller, this shall mean the following data:
headquarters: ul. Inflancka 71, 91-848 Łódź
- e-mail address: email@example.com
Client - a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which has concluded or intends to conclude a sales contract .
Consumer - art. 22 1 KC: a natural person making a legal transaction with the Seller not directly related to his business or professional activity.
Sales contract - a contract of sale of the Product placed on the website of the Online Store concluded or concluded between the Customer and the Seller via the Online Store.
Goods - Product, a movable item that the Customer purchases through the Online Store.
Order - the Customer's declaration of intent, made via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and customer data.
Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and implementation of the Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Order processing time - the time in which the order placed by the Online Store Customer will be completed, packed, sealed by the Seller and handed over for delivery by the Customer's chosen method of delivery.
Business day - one day from Monday to Friday, excluding public holidays.
Act on Consumer Rights, Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014 item 827 as amended).
§2 General provisions
By placing orders in the Store, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, you must accept the provisions of the regulations. Please be advised that the conclusion of the Contract of sale via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods .
The data administrator applies appropriate technical and organizational measures to ensure the protection of personal data relevant to the threats and categories of data protected. First of all, it protects data against disclosure, taking, processing, loss, change, damage or destruction by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements in the Personal Data Protection policy ( security policy, personal data protection regulations, IT system management instructions ).
The administrator of your personal data is VASCO OFFICIAL GEL POLISH Marcin Zieliński , tel. +48 667 043 907, email: firstname.lastname@example.org ,
Every person whose data is processed has the right to:
supervising and controlling the processing of personal data for which the seller maintains a set of customer data at the above store;
obtaining comprehensive information as to whether such a collection exists and is maintained by the seller;
determining who is the data administrator, determining his address, registered office, name, if the administrator is a natural person to determine his name and place of residence;
obtaining information about the purpose, scope, manner and time of processing data contained in such a set;
obtaining information in a commonly understood form of the content of this data;
getting to know the source of the data concerning him, unless the data controller is obliged to keep confidential information or professional secrecy in this respect;
requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, outdated, false or have been collected in violation of the Act or are no longer needed to achieve the purpose for which they were collected.
The customer, in accordance with point 6, has the right to inspect the content of personal data being processed, to correct it, as well as to request that it be deleted. The personal data administrator is obliged to complete, update, rectify data, temporarily or permanently suspend processing or remove them from the collection on an ongoing basis and immediately after submitting, unless the request concerns personal data as to which the mode of their supplementation, updating or correction is determined by separate legal provisions, including laws.
In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Act of 29 August 1997 on the protection of personal data (Journal of Laws 2014.1182 JT). Data may be transferred to another entity only in situations required by law or necessary for the implementation of the order.
The Customer may agree to receive from the Seller information about advertising and commercial nature by electronic means by subscribing to NEWSLETTER.
The Customer using the Seller's Services carried out through the Online Store is obliged to comply with these Regulations to the extent that is necessary for the implementation of the order and is not contrary to applicable law and the principles of social coexistence.
The seller carries out orders on Polish territory and orders placed by consumers in Europe, and after prior determination of delivery conditions also in other countries.
All the Online Store Goods sold have been introduced to the Polish market in a legal and legal manner. Information about the Goods on the Online Store's website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.
§3 Terms of service
This Online Store provides services via electronic means, the condition of joining the contract is primarily to complete the online order form to conclude the sales contract. Accessing the contract is voluntary.
The contract for the provision of services is concluded electronically in the form of enabling the Online Store Customer to complete the order form, the contract is concluded for a definite period of time at the time the Customer begins to complete the form and is terminated when he withdraws from completing the form or upon sending the completed form to the Seller. The process of completing the order form is organized so that every customer has the opportunity to become familiar with it before making a decision to conclude a contract or to amend the contract.
The service specified in point 1 is provided free of charge, however, it may require access to the Internet.
Electronic order can be placed 24 hours. 24 hours a day, 7 days a week.
The customer completing the purchase in the appropriate order window selects the option "I agree to the store processing my personal data contained in the order form for the purpose and scope necessary to complete the order." - it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawing from the contract.
According to art. 8 clause 2 GDPR, the administrator, taking into account available technology, makes reasonable efforts to verify whether a person with parental authority or childcare (under 16 years of age) has given consent or approved it.
Customer costs related to access to the Internet and data transmission are borne solely by the customer in accordance with the tariff of his provider with which the customer has signed a contract for the provision of internet services.
§4 Terms of the contract
For the conclusion of a valid and binding page of the Sales Agreement, the Customer makes a selection in accordance with the displayed Online Store offer specifying the quantity of the Good he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Good, the Customer completes the online order form, indicating in it the data necessary for the implementation of the order by the Seller, such as, for example, the quantity, place of delivery and payment methods, based on the messages displayed to the Customer and information available on the website and contained in these Regulations.
Registration of a Customer Account in the Online Store is voluntary and free of charge.
Immediately after receiving the order, the Seller sends the Customer by e-mail to the e-mail address provided when placing the order, a statement of acceptance of the order, which is also its confirmation. Upon the receipt of payment by the customer, a sales contract is concluded.
The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of ordered Goods, its specification when ordering Goods with individual properties specified by the Online Store Customer, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of rebates granted (if applicable).
If the Customer has a larger number of discounts from several sources / promotions, they are combined / aggregated only if it is clearly specified in the Promotion Regulations. If there is no record as to how to combine different promotions / discounts, you can only choose one discount (one promotion) for a given purchase.
- The seller reserves the right to cancel the order for random reasons (e.g. technical problems, lack of goods, etc.).
§5 Order processing
The seller reliably fulfills the customer's orders in the order in which they were received - each order is a priority for us and very important!
The delivery time for an individual customer is from 1 to 5 business days from the day the Customer sends the Order. For products marked with 'on-order' availability, the delivery time is specified on the product page . The duration of the contract consists primarily of the time to prepare the order (completing and packing the order, issuing the package to the courier, and in some cases making the Good). The delivery time depends on the chosen delivery method, it may vary depending on the type of transport indicated by the Customer.
In the event of exceptional circumstances or the inability to process the order in the indicated in point Within the deadline, the Seller immediately contacts the Customer in order to determine the further procedure, including setting another date for the contract, change the method of delivery.
The delivery of the Goods takes place via the operator of Poczta Polska or a courier or in another way accepted by the parties not incurring excessive and unreasonable costs on the part of the Seller and the Customer.
The ordered Goods are delivered according to the Customer's choice or directly to the Customer's address indicated in the online order form and confirmed by the Customer, as a shipping address or picked up in person at the pickup point at the address provided during the performance of the order.
The goods are always packed in a way that corresponds to their properties, so that they do not get damaged during transport, loss or destruction.
The customer is constantly informed about the delivery costs, they are given when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of goods ordered, their weight and the method of posting.
§7 Payment methods
The seller allows payment for the ordered Goods in the form of a prepayment to the bank account with the following number: 40 1020 3378 0000 1002 0340 4878
Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer of electronic banking via the online payment service PayU, PayPal, Przelewy24.
Cash on delivery of the ordered Goods (cash on delivery) - the Customer makes a payment to the courier by collecting the ordered Goods delivered via courier to the address indicated by the Customer in the order.
Delivery of the Goods under the implementation of the warranty for defects is made at the expense of the Seller.
The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Good to the Consumer. The seller is liable to the consumer if the consumer good at the time of its release was inconsistent with the contract, has physical or legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found within two years of the goods being released to the Buyer, and in the event of a replacement of the Goods, this period shall run again. A physical defect consists in the non-compliance of the sold item with the contract. In particular, the item sold is inconsistent with the contract if:
does not have properties that this kind of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;
does not have properties that the Seller has provided to the Buyer, including the presentation of a sample or design;
it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to its intended use;
has been released to the Buyer in an incomplete state.
Reporting on defects of the Good should be sent by e-mail to the e-mail address of the Seller or in writing to the Seller's postal address (see §1 item 3: "Seller's address" ). If the consumer has difficulties and does not know how to construct a notification about defects of the Good, he can send the application, for example, on the form attached as Annex 2 to these Regulations, which only facilitates the complaint process, does not constitute any requirement to use the above standard for effectiveness complaint.
If it is necessary for a proper assessment of physical defects of the Good, upon request and after preliminary arrangements with the Seller, the Good should be delivered to the address of the Seller's registered office (see §1 point 3: "Seller's Address" ) as soon as the properties of the Product allow it.
The Seller shall immediately respond to the Consumer's notification, however not later than within 14 calendar days from the day of its receipt. Failure to review the application within the specified period is tantamount to its consideration by the Seller and recognition as justified.
The Seller covers the costs of receiving the Goods, delivery, removing defects or defects and replacing the Goods with a new one.
In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on consumer rights, you have the right to withdraw from a distance contract without giving any reason.
The right to withdraw from the contract is available within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party indicated by him other than the carrier.
When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is released from any obligations. What the parties have rendered to each other shall be returned unchanged, unless a change was necessary in the ordinary course of business. The return should take place immediately, not later than within fourteen days.
The Customer who is a Consumer may withdraw from the contract by submitting a statement on the online form attached as Annex 1 to these Regulations, sending them by electronic means or to the Seller's postal address at the Customer's choice. Annex No. 1 is only help in withdrawing from the contract, it is not a model necessary to exercise the right to withdraw from the contract. The customer may or may not use it. For effective withdrawal, it is enough to send a written statement to the address of the Seller.
To meet the deadline specified in point 2, it is enough to send the Customer's statement of withdrawal from the contract before its expiry.
The Seller shall promptly confirm the receipt of the statement of withdrawal from the contract and inform the Customer about further proceedings, including the method of returning the Goods, and will answer them in the event of questions.
The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, reimburse the Customer for all payments received from him, including the costs of delivery. The seller reimburses the payment using the same method of payment that the customer used, unless the customer expressly agreed to a different method of reimbursement, which does not involve any costs for him.
If the Seller, after obtaining the consent from the Customer, has not committed that he will collect the Goods from him, the Seller may withhold the reimbursement of the payments received, including the costs of delivery of the goods until receipt of the Goods back or the Customer providing proof / confirmation of sending it back, in depending on which event occurs first.
The Customer is obliged to return the item to the Seller or transfer it to a person authorized by the Seller immediately, but not later than within 14 calendar days from the day on which he withdrew from the contract, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is sufficient to return the Goods before its expiry.
The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer Law.
Goods should be delivered to the following address: VASCO OFFICIAL GEL POLISH , ul. Ogrodowa 72/74, 91-071 Łódź.
The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good . This means that the Buyer has the right to assess and check the Goods, but only in the way he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer may not normally use the goods , otherwise withdrawing from the contract may be charged additional costs in connection with the reduction of its value .
The Customer is not entitled to withdraw from the contract in relation to the contracts referred to in art. 38 of the Act of 30 May 2014 on Consumer Rights, among others in situation:
for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after fulfilling the service by the entrepreneur, he will lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
§10 Complaint procedure
For the proper submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or company address and e-mail address, subject of the complaint, if possible the order number together with an indication of the period of time covered by the complaint and the circumstances justifying submitting a complaint (description of what it consists) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the manner of presenting it to the Customer.
If the Customer is a Consumer, he may request replacement of the Product for one that is free from defects instead of the defect proposed by the Seller, or instead of replacement of the Product, demanding the removal of the defect, unless bringing the item to compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
Unless separate provisions provide otherwise, the entrepreneur shall be obliged to respond to the consumer's complaint within 14 days of its receipt. If the entrepreneur has not responded to the complaint within the time limit referred to above, it is considered that he accepted the complaint. The entrepreneur shall reply to the complaint to the consumer on paper or other durable medium (e.g. USB stick or CD / DVD, in response to the complaint). "
If the application is not considered within the specified period, it should be considered as accepted by the Seller. A claim regarding withdrawal from the contract, if it is not considered within the time limit, is not tantamount to the recognition of the complaint
The customer is not entitled to:
posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data relates;
posting content of an advertising and / or promotional nature, inconsistent with the purpose of the store.
It is forbidden for the Customer to post content that could in particular:
with the intention of infringing the personal rights of third parties;
posted in bad faith or that could be considered as such;
violate the rights of third parties, copyrights, related rights, industrial property rights, trade secrets or those covered by confidentiality clauses, especially those classified as secret or strictly confidential;
placing offensive or threatening content directed at other people, statements commonly considered offensive, e.g. profanity;
violate the legitimate interests of the Seller;
sending or placing unsolicited commercial information (spam) as part of the Online Store;
otherwise violate decency, applicable law, social or moral norms.
In the event of receipt of a notification by a third party, authorized person or a State authority, the Seller reserves the right to modify or delete content posted by the Customer, if it is determined that they may constitute a violation of these Regulations or applicable law. The seller does not regularly control the posted content.
§ 12 Out-of-court complaint consideration and redress methods
Information on out-of-court complaint consideration and redress procedures, as well as the rules for accessing these procedures are available at the headquarters and on the websites of poviat (municipal) Consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/spawy_ind Individualne.php
The consumer has, inter alia, the following possibilities to use extrajudicial means of dealing with complaints and pursuing their claims:
applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.
applying to a permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
requesting free legal assistance, including to the Consumer Federation - website address: www.federacjakonsumentow.org.pl .
The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl .
The consumer may also use the online dispute resolution system platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on the online consumer dispute resolution system and amendment to Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded web site sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
The use of out-of-court complaint consideration and redress is voluntary and can only take place if both parties to the dispute, i.e. the Seller and the Customer agree.
§13 Final provisions
If the applicable law provides Customers with more favorable regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific norms of applicable law and thus are binding on the Online Store.
All content posted on the Online Store website (including graphics, texts, page layout and logos) enjoy the protection provided for copyright and are the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
The store owner, as the administrator of personal data, inform you that:
providing data is always voluntary but necessary to complete the order;
the person providing their personal data has an unlimited right to access all the contents of their data and rectify them, delete (right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, data they may, however, be made available to relevant state authorities when the relevant provision so requires.
The basis for the processing of personal data will be Art. 6 clause 1 point a) and the content of the general regulation on data protection .;
personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but no longer than for a period of 3 years (2 years is the period of complaint and 1 year for any other claims and exceptional situations)
a person providing their personal data has the right to lodge a complaint with the Inspector General for Personal Data Protection (GIODO) if he / she considers that the processing of personal data regarding the performance of the contract violates the provisions of the General Data Protection Regulation of 27 April 2016; "
In the scope of processing personal data of this store, the European Commission has not found an adequate level of protection by means of a decision, but the data will be properly secured by means of IT and legal solutions.
Your data will be processed in an automated manner, including in the form of profiling.
Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22, item 271, as amended).
Act of 27 July 2002 on specific conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended);
Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended);
Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2013 item 1422);
The Act of 30 June 2000, the Industrial Property Law (Journal of Laws 2001 No. 49, item 508, as amended);
Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended),
Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)
The amended Regulations bind customers if the requirements specified in art. 384 of the Civil Code (i.e. the customer has been properly notified of the changes).
changes in law;
changes in payment and delivery methods;
exchange rate change,
changes in the manner of providing services electronically covered by the regulations,
changes to the Seller's data, including e-mail address, telephone number.
Amendments to the regulations do not affect already placed and implemented orders, the regulations in force at the time of placing the order shall apply to them. The seller informs about the intended change on the store's website at least 30 days in advance. If the amended regulations are not accepted, the Customers may terminate the contract with immediate effect within 30 days of receiving the message.
Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court for the decision of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
Annexes to the Regulations constitute its integral part.
The sales contract is concluded in Polish, in accordance with the Regulations.
Customers of the abovementioned store can access these Regulations at any time via the link on the home page of the website and download it and print it, commercial use is, however, protected by the LEGATO Law Firm.
The Regulations enter into force on 04/06/2018.