Shop rules

§1 General Provisions

1. This Regulation defines the general conditions and the manner of providing Services electronically and sales conducted through the Online Store www.vespoint.eu. The Store is operated by Mariana Kozova, conducting business under the name VES Mariana Kozova, registered in the register of entrepreneurs of the Central Register and Information on Economic Activity kept by the minister competent for the economy at the address Andrzeja Struga 18, 26-600 Radom, NIP 9482633115, REGON 521637027, hereinafter referred to as the Seller.

2. Contact with the Seller can be made through:

1. email address: info@vespoint.eu;
2. phone number: +48 508 683 657;
3. contact form available on the Online Store website.

3. This Regulation is continuously available on the website www.vespoint.eu, allowing its acquisition, reproduction, and storage of its content by printing or saving it on a medium at any time.

4. The Seller informs that the use of Services provided electronically may involve a risk on the part of each Internet user, consisting of the possibility of introducing malicious software into the Customer's teleinformation system and obtaining and modifying their data by unauthorized persons. To avoid the risk of such threats, the Customer should use appropriate technical measures to minimize their occurrence, including antivirus programs and a firewall.

§2 Definitions

The terms used in the Regulation mean:

1. Business days - these are days from Monday to Friday, excluding public holidays;
2. Customer - a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit not being a legal person, to whom specific legal provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
3. Civil Code - the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account - a part of the Online Store assigned to a specific Customer, enabling the Customer to perform specific actions within the Online Store;
5. Consumer - a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
6. Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
7. Regulation - this document;
8. Product - a product presented in the Online Store, the description of which is available with each of the presented products;
9. Sales Agreement - a Sales Agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services - services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
11. Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827);
12. Act on the provision of electronic services - the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
13. Order - a Customer's declaration of will directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

§3 Rules of using the Online Store

1. The use of the Online Store is possible provided that the teleinformation system used by the Customer meets the following minimum technical requirements:

1. a computer or mobile device with Internet access,
2. access to an email account,
3. Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1 or newer,
4. enabling Cookies and Javascript in the web browser.

2. The use of the Online Store includes any action taken by the Customer that leads to their acquaintance with the content contained in the Store.

3. The Customer is obliged in particular to:

1. not deliver or transmit content prohibited by law, e.g., content promoting violence, defaming or violating the personal rights and other rights of third parties,
2. use the Online Store in a manner that does not disrupt its functioning, in particular by using specific software or devices,
3. not engage in actions such as sending or placing unsolicited commercial information (spam) within the Online Store,
4. use the Online Store in a manner that is not burdensome for other Customers and the Seller,
5. use all content posted within the Online Store solely for personal use,
6. use the Online Store in accordance with the provisions of the applicable law in the territory of the Republic of Poland, the provisions of the Regulations, and the general principles of using the Internet.

§4 Services

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

2. The Service of maintaining an Account in the Online Store is available after registration. Registration is done by completing and accepting the registration form provided on one of the Online Store's pages. The agreement for the provision of the Service, consisting of maintaining an Account in the Online Store, is concluded for an indefinite period and is terminated upon the Customer's submission of a request for Account deletion.

3. The Customer has the possibility of receiving commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). To do this, the Customer must provide a valid email address or activate the appropriate field in the registration form or Order form. The Customer can withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Customer's submission of a request to remove their email address from the Newsletter subscription.

4. The Customer has the possibility of sending messages to the Seller via the contact form. The agreement for the provision of the Service, consisting of providing an interactive form enabling Customers to contact the Seller, is concluded for a specified period and is terminated upon the Customer's sending of a message.

5. The Customer has the possibility of posting individual and subjective statements in the Online Store relating, among others, to the Goods or the course of the transaction. By adding statements, the Customer declares that they have all rights to these contents, including copyright, related rights, and industrial property rights. The agreement for the provision of the service, consisting of posting opinions about the Goods in the Online Store, is concluded for a specified period and is terminated upon the addition of the opinion.

6. The statements should be formulated in a clear and understandable manner and must not violate applicable laws, including the rights of third parties, in particular, they must not be defamatory, violate personal rights, or constitute an act of unfair competition. The posted statements are disseminated on the Online Store's websites.

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

8. The Seller has the right to organize occasional contests and promotions, the terms of which will be provided on the Online Store's websites each time. Promotions in the Online Store cannot be combined unless the terms of a specific promotion state otherwise.

9. In the event of the Customer's violation of the provisions of this Regulation, the Seller, after a prior ineffective call to cease or remove the violations, specifying an appropriate deadline, may terminate the agreement for the provision of Services with a 14-day notice period.

§5 Procedure for concluding a Sales Agreement

1. Information about the Goods provided on the online store's website, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to enter into an Agreement, within the meaning of Article 71 of the Civil Code.

2. All Goods available in the Online Store are brand new and have been legally introduced to the Polish market.

3. The condition for placing an Order is to have an active email account.

4. When placing an Order through the Order form available on the Online Store's website, the Customer electronically submits the Order to the Seller, which constitutes an offer to conclude a sales agreement for the Goods that are the subject of the Order. The offer submitted electronically binds the Customer if the Seller sends a confirmation of accepting the Order for processing to the email address provided by the Customer. The confirmation constitutes the Seller's statement of accepting the Customer's offer, and upon its receipt by the Customer, a sales agreement is concluded.

5. Placing an Order in the Online Store via phone, by sending an email, or using the contact form is possible on business days and during the hours indicated on the Online Store's website. For this purpose, the Customer should:

1. provide, during the phone conversation, in the content of the email or in the content of the message sent via the contact form addressed to the Seller, the name of the Goods from the Goods available on the Store's website and their quantity,
2. indicate the delivery method and form of payment from the delivery and payment methods provided on the Online Store's website,
3. provide the necessary data for the Order fulfillment, in particular: first and last name, place of residence, and email address.

6. Information on the total value of the Order mentioned above is provided each time by the Seller orally after completing the entire Order or by informing the Customer via email along with the information that the conclusion of a sales agreement by the Customer entails an obligation to pay for the ordered Goods. The sales agreement is concluded at that moment.

7. In the case of a Customer who is a Consumer, after placing an Order by phone, email, or contact form, the Seller sends the Customer a confirmation of the conditions of the placed Order.

8. The agreement is concluded when the Customer, who is a Consumer, sends an email message to the Seller's email address (in response to the confirmation of the Order conditions sent by the Seller) in which the Customer accepts the content of the sent Order, expresses consent to its fulfillment, accepts the content of the Terms and Conditions, and confirms having read the information about the right to withdraw from the agreement.

9. After concluding the sales agreement, the Seller confirms its terms to the Customer by sending them to the Customer's email address or in writing to the address provided by the Customer.

10. The sales agreement is concluded in English, in accordance with the content of the Terms and Conditions.

§6 Delivery

1. The delivery of Goods is limited to the territory of the Republic of Poland, Germany, the Czech Republic, and Slovakia and is carried out to the address indicated by the Customer when placing the Order.

2. The Customer can choose the following forms of delivery for the ordered Goods:

1. via courier company;
2. via postal operator.

3. The Seller informs the Customer on the Online Store's website, in the description of the Goods, about the number of business days needed to fulfill the Order and deliver it, as well as about the amount of fees for the delivery of the Goods.

4. The delivery and fulfillment period for the Order is calculated in business days in accordance with point VII item 2.

5. The Seller provides the Customer with a proof of purchase.

6. If different fulfillment periods are specified for the Goods covered by the Order, the longest period applies to the entire Order.

7. Delivery time - from the moment of posting the funds to the moment of sending the package.

8. Business days - the number of days from the moment the funds are credited to the moment of shipment.

§7 Prices and payment methods

1. The prices of the Goods are stated in euro and include all components, including VAT and other fees.

2. The Customer can choose the following payment methods:

1. Bank transfer to the Seller's bank account (in this case, the fulfillment of the Order will commence after the Seller sends the Customer a confirmation of Order acceptance, and the shipment will be made promptly after the funds are received in the Seller's bank account and the Order is completed);
2. Cash on delivery, payment to the delivery agent upon delivery (in this case, the fulfillment and shipment of the Order will commence after the Seller sends the Customer a confirmation of Order acceptance and the Order is completed);
3. Electronic payment (fast transfer) in this case, the fulfillment of the Order will commence after the Seller sends the Customer a confirmation of Order acceptance and after receiving payment information from the payment agent system, and the shipment will be made promptly after the Order is completed.

3. The Seller informs the Customer on the Store's website about the payment deadline for the Order. In the event of the Customer's failure to make payment within the specified deadline, the Seller, after a prior unsuccessful payment request with a designated deadline, may withdraw from the Agreement based on Article 491 of the Civil Code.

§8 Right to withdraw from the Agreement

1. The Customer who is a Consumer has the right to withdraw from the Agreement without giving a reason by submitting a relevant statement within 14 days. The deadline is considered met if the statement is sent before its expiration.

2. The Customer may formulate the statement independently or use the statement template provided by the Seller on the Store's website.

3. The 14-day period is counted from the day of delivery of the Goods or, in the case of a Service Agreement, from the day of its conclusion.

4. Upon receiving the Consumer's statement of withdrawal from the Agreement, the Seller will send a confirmation of receipt of the statement to the Consumer's email address.

5. The right to withdraw from the Agreement is excluded in the following cases:

1. provision of services if the Seller has fully performed the service with the explicit consent of the Consumer who was informed before the provision of the service that upon the performance of the service by the Seller, the right to withdraw from the Agreement would be lost;
2. Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiration of the withdrawal period;
3. Agreement in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs;
4. Agreement in which the subject of the service is an item liable to deteriorate rapidly or having a short shelf life;
5. Agreement in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health or hygiene reasons, if the packaging was opened after delivery;
6. Agreement in which the subject of the service is products that, due to their nature, are inseparably mixed with other things upon delivery;
7. Agreement in which the subject of the service is alcoholic beverages, the price of which was agreed upon the conclusion of the Sales Agreement and whose delivery can only take place after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
8. Agreement in which the Consumer expressly requested the Seller to visit them for urgent repair or maintenance; if the Seller provides additional services beyond those requested by the Consumer or supplies goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the Agreement applies to the additional services or goods;
9. Agreement in which the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery; the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
10. Agreement concluded through a public auction;
11. Agreement for the provision of services related to accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the date or period of service;
12. Agreement for the supply of digital content that is not stored on a tangible medium, if the performance of the service commenced with the Consumer's explicit consent before the expiration of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the Agreement.

6. In the event of withdrawal from a distance contract, the Agreement is considered null and void. What the parties have provided shall be returned in an unchanged state, unless a change was necessary to determine the nature, characteristics, and functioning of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.

7. The Seller shall refund all payments made by the Consumer, including the costs of delivering the Goods. The Seller shall make the refund using the same payment method that the Consumer used unless the Consumer has agreed to a different method of refund, which will not involve any costs for the Consumer. The Seller may withhold the reimbursement until the Goods are returned or until the Consumer provides evidence of having sent back the Goods, whichever occurs first, unless the Seller has offered to collect the Goods themselves.

8. If the Consumer has chosen a method of delivery other than the least expensive ordinary delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.

9. The Consumer shall bear only the direct cost of returning the Goods unless the Seller has agreed to bear that cost.

10. The consumer has the right to withdraw from a distance contract within 14 days from the date of receipt of the goods. After submitting a declaration of withdrawal from the contract, the consumer is obliged to return the goods within the following 14 days. Failure to fulfill this obligation may result in the inability to process the return.

§9 Complaints regarding Goods under warranty

1. The Seller undertakes to deliver the Goods free from defects.

2. The Seller is liable to the Customer who is a Consumer for warranty claims based on the provisions set forth in articles 556-576 of the Civil Code.

3. Complaints arising from the violation of the Customer's rights guaranteed by law or under these Terms and Conditions should be addressed to VES Mariana Kozova, ul. Andrzeja Struga 18, 26-600 Radom, email address: info@vespoint.eu, phone number +48 508 683 657.

4. In order to consider a complaint, the Customer should send or deliver the claimed Goods, if possible, along with proof of purchase. The Goods should be delivered or sent to the address indicated in point 3.

5. The Seller undertakes to consider each complaint within 14 days.

6. In the event of deficiencies in the complaint, the Seller will request the Customer to complete it to the necessary extent immediately, but no later than within 7 days from the date of receiving the request by the Customer.

§10 Complaints regarding the provision of electronic services

1. The Customer may file complaints with the Seller related to the functioning of the Online Store and the use of Services. Complaints can be submitted in writing to the following address: VES Mariana Kozova, ul. Andrzeja Struga 18, 26-600 Radom, email address: info@vespoint.eu, phone number +48 508 683 657.

2. In the complaint, the Customer should provide their name and address for correspondence, as well as the type and description of the encountered problem.

3. The Seller undertakes to consider each complaint within 14 days, and if it is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will request the Customer to complete it to the necessary extent within 7 days from the date of receiving the request by the Customer.

§11 Out-of-court complaint resolution and claims enforcement methods

1. A Customer who is a Consumer has the following options to use out-of-court complaint resolution and claims enforcement methods:

1. They are entitled to submit a request to the permanent consumer arbitration court operating at the Trade Inspection with a motion to settle a dispute arising from a concluded Sales Agreement;
2. They are entitled to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings for amicable resolution of a dispute between the Customer and the Seller;
3. They may obtain free assistance in the resolution of a dispute between the Customer and the Seller, also using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
4. They can submit their complaint via the European ODR platform, available at: https://ec.europa.eu/consumers/odr/.

§12 Personal data protection

The Seller collects and processes the personal data provided by Customers in accordance with applicable laws and the Privacy Policy available on the Store's website.

§13 Final provisions

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain, website of the Online Store, as well as to forms and logos, belong to the Seller, and their use may only take place in a manner specified and in accordance with the Terms and Conditions.

2. The provisions of these Terms and Conditions regarding the Consumer, concerning withdrawal from the contract and complaints, apply to a natural person entering into an agreement directly related to their economic activity, when it results from the content of this agreement that it does not have a professional character for that person, in particular resulting from the subject of their economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity. The provisions regarding out-of-court complaint resolution and claims enforcement do not apply.

3. The settlement of any disputes arising between the Seller and a Customer who is a Consumer shall be subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

4. The settlement of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be subject to the court having jurisdiction over the Seller's registered office.

5. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other relevant provisions of Polish law shall apply.

6. Every Customer will be informed about any changes to these Terms and Conditions through information on the main page of the Online Store, including a list of changes and the effective date. Customers with an Account will additionally be notified of the changes along with their summary to the email address they provided. The effective date of the changes will not be earlier than 14 days from the date of announcing them. In the event that a Customer with an Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of being informed about the change to the Terms and Conditions. Notifying the Seller of the lack of acceptance of the new content of the Terms and Conditions results in the termination of the Agreement.