Statute - Vitalcea

PLATFORM REGULATIONS

DEFINITIONS
1. Website Administrator – Seller;
2. Correspondence address – PB Fulfilment, Stefana Okrzei 64/3, 25-526 Kielce, Poland
3. E-mail address – [email protected] ;
4. Order Form – a form provided by the Seller on the Website, enabling the User to place an Order on the Website;
5. Password – a sequence of numeric or alpha-numeric characters set by the User, enabling unambiguous identification and verification of the User’s identity;
6. Helpline – the Seller’s hotline number provided on the Website (if used by the Seller);
7. Customer – a user ordering Products for a purpose related to a business or professional activity;
8. User Account – an individual internet account for each User on the Website, which is created after registration at the User’s request;
9. Order Confirmation – an e-mail that the Seller sends to the User after placing an order on the Website, to the User’s e-mail address provided when placing the Order;
10. Products – Products offered by the Seller on the Website;
11. Regulations – these Regulations;
12. Website – the Seller’s website;
13. Seller – Enve Distribution Sp. z o.o., with registered office at Wileńska 51, 05-200 Wołomin, Poland, KRS: 0000869120;
14. ICT system – a set of cooperating IT devices and software for processing and storage as well as shipping and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of the provisions governing telecommunications activities;
15. Provision of services by electronic means / Electronic Services – performance of the Service for the User, which takes place by sending and receiving data via ICT systems, at the individual request of the User, without the simultaneous presence of the parties, and the data is transmitted via public networks within the meaning of the provisions governing telecommunications activities;
16. Sales agreement – a contract under which the Seller undertakes to transfer the ownership of the Product to the User and deliver the Product to him, and the User undertakes to collect the Product and pay the Seller the price, concluded remotely, i.e. as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the Seller and The User, with the sole use of one or more means of distance communication up to and including the conclusion of the contract (via the website, by phone);
17. Services – services covered by these Regulations, consisting in particular of providing Users with Products offered on the Website, providing the User with access to the Website, maintaining a User Account (if the Website provides for such an option, and the User has set up an Account), providing the Order Form;
18. Order – User’s declaration of will, aimed directly at concluding a Distance Sale Agreement for Products via the Website, specifying the type and number of Products submitted via the Order Form available on the Website or in the manner referred to in part IV of the Regulations;
19. Set – a promotional set offered by the Seller consisting of several Products, where one or more Products are offered at a reduced price.
GENERAL PROVISIONS
1. The Regulations define the rules of using the Website by Users, the rules for concluding and performing sales contracts for Products, technical requirements necessary for cooperation with the ICT System in relation to the Services and the complaint procedure.
2. Starting to use the Services is tantamount to reading the content, understanding and full acceptance of the terms of the Regulations.
3. By placing an order on the Website, the User ensures that he has the legal capacity to conclude binding contracts and that he has read these Regulations and the Seller’s Privacy Policy.
4. The Seller provides the following Electronic Services via the Website:
  1. keeps a User Account on the Website (if the Website provides for such an option),
  2. sharing the Order Form,
  3. provides marketing content and sends commercial information.
5. The minimum technical requirements necessary for cooperation with the ICT system used by the Seller:
  1. a computer with Internet access,
  2. access to e-mail,
  3. recommended monitor resolution: 1024×768 pixels,
  4. Internet browser: Internet Explorer version 7.0 or newer with enabled JavaScript and cookies; Mozilla Firefox version 3.0 or newer with JavaScript and cookies enabled; or Google Chrome 8 or later.
6. The Website Administrator and the Seller are not obliged to provide the above devices and / or software.
7. Starting the use of the Services is tantamount to:
  1. familiarizing the User with the rules of using cookies by the Website Administrator, for the purpose of their storage and the rules for the use of information using cookies, which have been specified on the Website in the Cookie Policy;
  2. with consent to the use of cookies by the Website Administrator.
8. The User is obliged to enter real data about the User into the IT system of the Website.
CONCLUSION OF THE SALES CONTRACT
1. The information contained on the Website does not constitute an offer to conclude a sales contract offered Products in it, only an invitation to tender.
2. By placing an order, the User submits an offer to the Seller to conclude a sales contract.
3. In order to conclude a Product Sales Agreement, go to the Website’s website, select the Product and submit, based on the messages displayed to the User. and information, Order using the Order Form.
4. When placing the Order, the following data necessary to place the Order should be provided: name and surname, address (street, house number, town and postcode), contact telephone number, e-mail, Product, place of delivery of the Product.
5. When placing the Order – until the Order is placed – the User has the option to modify the entered data. To do this, follow the messages displayed to the User and the information available on the Website.
6. The Order is placed when the ” Click here to order ” field in the Order Form is clicked.
7. The resignation / cancellation of the Order by the User is possible only until the Seller has not started processing the Order. The User may receive information on the stage of completing the Order from the Seller by sending an inquiry to the Seller’s e-mail address or via the Seller’s Hotline. The subscription does not exclude the right to withdraw from the contract, described in point VI of the Regulations.
8. After placing the Order, the User receives an e-mail confirming the acceptance of the Order (Order Confirmation).
9. Orders placed from Monday to Friday (except public holidays) after 12.00 CEST, on Saturdays, Sundays and public holidays are considered on the next working day (in special cases this time may be extended).
10. The sales contract comes into effect at the prices that were in force at the time of submitting the offer by the User, which was then accepted by the Seller.
11. Product prices are given in the selected currency, but do not include additional fees and taxes in excess of those applicable to the place from which the Seller sends the Product. If other taxes are applicable in the territory from which the Order is made, as well as additional fees related to local law (including customs duties, excise duty, VAT), the User is obliged to pay them on his own.
12. The Seller informs on the Website about the costs related to the shipment of products and the selected payment method.
13. The seller may give a discount on all shipping costs. The Seller provides information about it in a visible place on the Website. The discount referred to in the first sentence is applied only to the first attempt to ship the Product to the User under a given Order. The condition for the User to obtain a discount is to pay for the ordered Product in the manner referred to in point IV of the Regulations.
14. When choosing the form of express shipping, the shipment will be sent on the day of sending the Order Confirmation or the next business day if the Order was confirmed after 2 p.m.
15. The Seller reserves the right to organize promotions on the terms that will be provided for a given promotion from time to time. The Seller reserves the right to terminate and renew the promotion at any time.
16. The Seller reserves the right to refuse to accept the Order in the following cases:
  1. in the case of cash on delivery packages – if the order was placed by a person who did not collect the products addressed to him in the past or using false data or addresses of public places;
  2. in any case – if the Seller has reasonable suspicions that the order was placed in order to cause damage to the Seller or infringe its interests (eg. An order placed by a competing entrepreneur.
17. The Seller shall immediately inform about the refusal to accept the Order and return the price, if it has been paid. The reimbursement of the price is made within 3 days from the date of refusal to accept the order.
PAYMENT
1. Payment for the purchase of the Product may be made in one of the payment methods provided by the Administrator. The User selects the payment method from among the available methods.
2. If you choose to pay by bank transfer, payment card or using payment system providers, the User’s bank account will be charged after placing the Order and completing the payment form, which will then be accepted by the User.
3. When choosing any of the payment methods, the User bears the costs associated with it.
4. The Seller reserves the right to disable the method of payment upon delivery (cash on delivery) to a User who fails to collect three consecutively completed orders payable on delivery. The restoration of the form of payment upon delivery (cash on delivery) for a given User takes place after the submission and receipt of another order, paid in a different way than upon delivery.
5. The ordered Product remains the property of the Seller until full payment.
6. A VAT invoice is sent or made available to the User who has concluded a sales contract via the Website. Invoices are sent in electronic form to the Users who provided the Seller with an e-mail address.
DELIVERY
1. The delivery of the ordered Product will be made only if the delivery address is in the territory of the supported country, about which the User will be informed at the time of placing the Order.
2. The product is delivered to the User via a postal operator, courier or shipping company.
3. The deadline for delivering the Product to the User is up to 7 business days from the date of placing the Order by the User. The date of delivery of the Product to the User depends on the delivering entity.
4. If, at the time of placing the Order, the Product is not in the Seller’s warehouse, the date of sending the Product is up to 7 business days from the date on which the Product is in the Seller’s warehouse, about which date the User is informed by the Seller.
5. Any requests for a specific delivery time or a change in the form of payment should be entered in the “Order Notes” table.
6. The user is obliged to examine the parcel. In the event of damage to the Product or quantitative shortages of Products, the User is obliged to prepare, in the presence of the carrier, a damage report, in which the type of damage to the Product or missing Products should be specified, as well as the date and time of delivery. Then, the signed protocol with a photo of the damaged Product should be sent to the Seller.
7. In case of finding:
  1. mechanical damage to the contents of the shipment,
  2. incomplete shipment or
  3. non-compliance of the content of the shipment with the subject of the Order, – The user is entitled to refuse to accept the parcel. In this case, the User should immediately notify the Seller about the situation in order to prepare the re-shipment of the Product.
8. Unjustified refusal to accept the ordered and undamaged shipment or failure to collect the shipment on time does not constitute a withdrawal from the Sales Agreement. In such a case, the User shall not be reimbursed the costs of the first shipment, and in addition, the User shall bear any costs of returning the Product to the Seller. Re-shipment is possible after the User makes a prepayment for the costs of the re-shipment and the cost of returning the Product to the Seller to the Seller’s bank account. This provision does not apply in the event of the User’s withdrawal from the Sales Agreement.
9. Delivery takes place to the address provided by the User; the rights of people collecting the parcel at this address will not be tested. If the delivery is impossible or difficult due to an incorrect address or an address that has become incorrect or due to the fact that the delivery was not accepted at this address or was not immediately accepted there – the User is responsible for this.
KIT SALE
1. The remaining provisions of the Regulations shall apply to the Sale of Sets to the extent that they do not contradict the provisions of this point. VII.
2. Withdrawal from the Kit Sales Agreement is possible only in relation to all Products included in it. The consumer’s right to withdraw from the Sales Agreement is excluded in relation to only some of the Products included in the Set.
3. The provision of paragraph 2 shall apply mutatis mutandis to Consumers’ claims arising from the warranty, guarantee, complaints and all kinds of other rights to return the Set or request a price reduction.
COMPLAINT PROCEDURE
1. If, after receiving the parcel, it turns out that the Product has physical defects (including mechanical damage) arising during delivery or inherent in the Product from the beginning, the parcel should be returned to the Seller. In such a case, the product is subject to exchange for a full-fledged product (free from physical defects).
2. The User has the right to submit a complaint (“Complaint”) if the Product has defects. In this case, the User should contact the Seller in order to submit a Complaint.
3. The complaint should include:
  1. User’s first and last name,
  2. User’s contact details,
  3. Product purchase date,
  4. Product name,
  5. Exact listing of Product defects,
  6. When and under what circumstances the Product was found to be defective,
  7. Advertiser requests,
  8. Bank account number.
4. No later than 14 days from the date of receipt of the complaint, the Seller will respond to the complaint and inform the User about further proceedings. In the event that the complaint is justified, the Seller will inform the User about the proposed method of complaint processing. If the User has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the request was considered justified.
5. In the event of a positive consideration of the complaint, the Seller will recognize the User’s withdrawal from the contract, reduce the price of the Product, replace the Product with a new one or supplement its quantitative deficiencies, depending on the User’s request reported in the Complaint.
6. 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.
7. If the replacement or supplementation of the shipment referred to in the preceding sentence is impossible or too difficult, or involves excessive costs for the Seller, the Seller will inform the User about the above.
8. The quality and properties of all Products are guaranteed by the Producers of these Products. The Seller is assured by the Producers that the products they distribute are reported to the registers required by law, have all legally required approvals, permits, meet the relevant standards, etc. Due to the above, the Seller shall not be liable for any non-compliance in this regard and damages resulting from the use of the Product and the lack of its properties, as provided by the manufacturer.
9. Any instructions on packaging or containers should be followed. The Seller is not responsible for the consequences of using the Products in breach of these guidelines, or for the consequences of non-compliance with these guidelines.
10. The provisions of this article do not exclude more favorable provisions resulting from promotions applied by the Seller.
11. In order to assert claims against the Seller, the User may use out-of-court methods of pursuing claims and considering complaints, including, among others,
  1. apply to the mediator or institutions before which the mediation proceedings will take place with a request for mediation,
  2. apply to the institution before which the arbitration proceeding will take place with a request for consideration of the case by the arbitration court,
  3. if he is a consumer, ask for help from the appropriate consumer ombudsman or other entity performing similar functions.
12. On the website http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service for consumers and entrepreneurs looking for an out-of-court solution to a dispute regarding contractual obligations arising from an on-line sales contract.
13. In order to remove doubts, the instruction referred to in point 12 above does not constitute an arbitration clause or an automatic consent of the Seller to participate in mediation or arbitration.
INTELLECTUAL PROPERTY RIGHTS
1. The Website Administrator is the owner or licensee of all intellectual property rights to the Website, regardless of whether they have been registered or not, and to the materials published on this website. These works are protected by copyright and all rights to them are reserved to the Website Administrator.
2. The User is not entitled to use any part of the copyrighted material for commercial purposes without first obtaining a license from the Website Administrator and / or the relevant licensors.
3. It is forbidden to copy or duplicate in part or in whole the parts of the Website protected by exclusive rights, in particular information, content, data, photos, pictures, drawings, icons, product and brand descriptions, the content of the Regulations and any content of the Website.
PERSONAL DATA PROTECTION
1. During registration on the Website, Users will be asked to provide personal data that will be used by the Seller to perform contracts concluded with the Seller.
2. All personal data is treated confidentially by the Seller and in accordance with the relevant statutory regulations, in particular those contained in the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (Official Journal of the European Union No. 119).
3. In order to secure these data in online payment transactions, the Website Administrator protects them using the most modern encryption techniques. All Users’ data used in Orders are transferred to the Seller in an encrypted form.
4. The Seller’s declaration on data protection can be downloaded from the Website in the tab: Privacy Policy.
FINAL PROVISIONS
1. Settlement of any disputes arising between the Seller and the User who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller. Settlement of disputes arising between the Seller and the User who is a Consumer is subject to the court having jurisdiction over the Consumer’s place of residence at the time of placing the Order.
2. The law applicable to Sales Agreements is the law of Cyprus, and if the Customer is a Consumer, the law of the consumer’s country of residence at the time of placing the Order.
3. The Regulations do not violate any specific local law regulations that are more favorable to the Consumer. If the Regulations contain less favorable provisions than the provisions of local law, the provisions of local law that are more favorable to the Consumer shall apply in place of these provisions.
4. Recognition of individual provisions of these Regulations in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and all of these Regulations will be applied.
5. The Seller has the right to unilaterally amend the Regulations. Amendments to the Regulations shall enter into force at least 7 days from the date of posting the amended Regulations on the Website, unless the new Regulations provide for a later entry into force of the amendments.
6. In the event of concluding a Sales Agreement between the Seller and the User who is a Consumer, the Regulations may only be changed with the express agreement of the Seller and the User who is a Consumer.
7. The Regulations constitute an integral part of the Sales Agreement.
8. The Regulations come into force on 15/11/2021