Online Store Terms and Conditions - www.vi-go.eu

I. General Provisions

  1. These Terms and Conditions set out the general terms, the manner of providing services by electronic means, and distribution via the network of the Online Store www.vi-go.eu . The Store is run by QUICKPACK POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Jędrzejów, ul. Przemysłowa 47, 28-300 Jędrzejów, entered in the National Court Register by the District Court in Kielce, 10th Commercial Division of the National Court Register, under KRS No.: 0000172796, NIP: 6561750635, REGON: 003674986, share capital PLN 420,000.00, hereinafter referred to as the Seller.

  2. Contact regarding sales can be made via:

    1. email address: [email protected];

    2. phone number: 41 386 59 00.

  3. These Terms and Conditions are continuously available on the www.vi-go.eu website, in a way that allows their content to be obtained, reproduced and recorded at any time by printing or saving to a storage medium.

  4. Please be advised that use of services provided by electronic means may involve risks typical of any internet user, including the possibility of unauthorised access to, or removal of, the Customer's data via their IT system. In view of the above risks, the Customer should apply appropriate technical measures to minimise their occurrence, including antivirus software and a firewall.

II. Definitions

Terms used in these Terms and Conditions shall mean:

  1. Business Days – days from Monday to Friday, excluding public holidays;

  2. Customer – a natural person with full legal capacity, a natural person connected with running a business, a legal person, or an organisational unit without legal personality, who is authorised to place orders through the Online Store or to use other services of the Online Store;

  3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

  4. Account – a section of the Online Store assigned to the Customer, through which the Customer may take part in activities within the Online Store;

  5. Consumer – a Customer within the meaning of Article 22[1] of the Civil Code;

  6. Trader - a business Customer within the meaning of Article 43[1] of the Civil Code;

  7. Carrier – an entity or person delivering the Goods ordered by the Customer;

  8. Online Store (Store) – the website available at www.vi-go.eu, through which Customers may place orders;

  9. Terms and Conditions – this governing document;

  10. Goods – a product presented in the online store, the description of which is available alongside each product shown;

  11. Sales Agreement – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

  12. Services – services provided by the Seller to Customers by electronic means, within the scope of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);

  13. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827);

  14. Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);

  15. Notice – notification of the Customer's intent, made directly as part of a sales transaction, specifying the type and the Goods concerned.

III. Rules for Using the Online Store

  1. Use of the Online Store is possible provided the IT system used by the Customer meets the following minimum technical requirements:

    1. a computer or mobile device with internet access,

    2. access to an electrical power supply,

    3. a web browser: 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. internet access with cookies and JavaScript enabled.

  2. Using the Online Store means any Customer accessing it and its content.

  3. The Customer is required to:

    1. refrain from supplying or disseminating content prohibited by law, e.g. content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties,

    2. use the Online Store in a manner that does not disrupt its operation, in particular through the software or devices used,

    3. refrain from actions such as sending or posting unsolicited commercial communications (spam) within the Online Store,

    4. use the Online Store in a manner that is not burdensome for other Customers or for the Seller,

    5. use the content available in the Online Store only for their own personal use,

    6. use the Online Store in accordance with the laws applicable within the territory of the Republic of Poland, the provisions of these Terms and Conditions, and generally accepted rules for using the internet.

IV. Services

  1. The Seller enables the use of free services within the Online Store, available 24 hours a day, 7 days a week.

  2. The Account service in the Online Store is available after registration. Registration is completed by accepting the registration form made available on the Online Store's website. The agreement for the provision of Account services in the Online Store is concluded for an indefinite period and is terminated when the Customer submits a request for account deletion or uses the "Delete Account" button.

  3. The Customer may receive commercial information in the form of messages sent to their email address (Newsletter Service). To do so, the Customer should provide an email address or tick the relevant box in the registration form or order form. The Customer may unsubscribe at any time. The agreement for the Newsletter Service is concluded for an indefinite period and terminates when the Customer unsubscribes using the Newsletter or clicks the unsubscribe link included in the Newsletter messages.

  4. The Customer may post individual and subjective comments in the Online Store, including comments on the Goods or on the order process. By adding such content, the Customer confirms that they hold all rights to it, including economic copyright, related rights and industrial property rights. The agreement for the service of submitting reviews of Goods in the Online Store is concluded for a fixed term and is performed at the moment the review is submitted.

  5. Comments must be written in a clear and comprehensible manner and must not be contrary to the law, including third-party rights – in particular, they must not be defamatory, misleading, or constitute an act of unfair competition. Links to the Online Store's other pages may be included.

  6. By doing so, the Customer grants the Seller free use and publication of such content, as well as the right to make derivative works available, in accordance with the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).

  7. The Seller has the right to organise occasional contests and promotions, the terms of which are published on the Store's website. Promotions in the Online Store may not be combined, unless the terms of a given promotion state otherwise.

  8. If the Customer breaches these Terms and Conditions, the Seller, after issuing an unsuccessful request to cease or remove the breach within an appropriate deadline, may terminate the provision of services with 14 days' notice.

V. Procedure for Concluding the Sales Agreement

  1. Information provided on the Store's website, including 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 products available in the online store are brand new and lawfully available on the Polish market.

  3. The terms for fulfilling orders placed by a Customer who is a Consumer are sent to their email address.

  4. The terms for placing orders by a Customer who is a registered Trader require linking an email address with an Account created in the Online Store. When registering an Account, the Customer must provide their details, which are then verified by the Seller.

  5. Until activated, a newly registered Trader's Account may remain inactive. Once verification is completed, the Trader is notified by email of the verification result and of the ability to log in to the Account.

  6. Any actions taken by the Trader, including the provision of data, may only be carried out by a person authorised to act on behalf of the Trader. It is assumed that the person placing an Order has been authorised by the Trader to do so.

  7. In the case of orders placed via the order form available on the Online Store's website, the Customer's Notice is submitted electronically and constitutes an offer to purchase the Goods. The offer, sent electronically to the Customer's email address to confirm delivery, constitutes a message sent under the Customer's agreement and is received by the Customer immediately.

  8. Orders in the online store may be placed by phone or electronic message on Business Days, as well as via the Online Store's website. To do so, the Customer should:

    1. provide a verbal message by phone or a written message by email specifying the Goods available on the Store's website and their availability,

    2. indicate the delivery method and the payment method available on the Store's website,

    3. provide the data required to fulfil the order, i.e. first and last name, place of residence, and email address.

  9. Information on the total order value referred to above is provided by the Seller each time, either verbally after the order has been finalised, or in an electronic message, together with information that concluding the Sales Agreement obliges the Customer to pay for the ordered Goods. This obligation to inform does not apply to a Customer who is a Trader.

  10. In the case of a Customer who is a Consumer, the Seller confirms to the Customer, each time an order is placed by phone or email, that the terms of the order have been met.

  11. The Sales Agreement is concluded once the Customer who is a Consumer receives, in reply to the order sent by the Seller, an email confirming acceptance of the order, together with the text of these Terms and Conditions and confirmation of having read the instructions on the right of withdrawal.

  12. After the Sales Agreement is concluded, the Seller confirms it to the Customer by sending confirmation to the Customer's email address or in writing to the Customer's address.

  13. The content of the Sales Agreement is drawn up in English or English, consistent with these Terms and Conditions.

  14. The Seller reserves the right to refuse to fulfil orders placed by a Trader where the Notice does not contain all the essential data, where the Trader is late in making payment to the Seller, or for other reasons attributable to the Seller.

  15. The Trader will be informed of the refusal to fulfil the order by phone or by post.

  16. The Seller may withdraw from the Agreement with a Trader, in whole or in part, at any time. Where the Order comprises several parts, the withdrawal takes effect with regard to the part of the Order that has not been delivered, or has not yet been handed over to the Carrier, unless the terms of sale provide otherwise.

  17. At the Seller's discretion, the declaration of withdrawal from the agreement referred to in point 14 above is sent by post to the email address indicated by the Customer in the Order.

VI. Delivery

  1. Delivery of Goods is limited to the territory of the European Union and is available at the address provided by the Customer during the order process.

  2. The Customer may choose a different method of delivery for the ordered Goods:

    1. via a courier company;

    2. via a postal operator;

    3. via a parcel locker (Paczkomat);

    4. the Seller's own transport;

    5. personal collection at the Seller's collection point.

  3. The Seller informs the Customer, in the Goods description on the Store's website, of any extended lead times for order fulfilment and delivery, and of any higher delivery charges for the Goods.

  4. The delivery charge for Goods may be changed in the case of Traders. Should this occur, the Trader will be informed of the change by email before the order is placed.

  5. In the event of a change in delivery costs as referred to in point 4 above, the Trader has the right to withdraw from that decision within 3 days of being notified of the indicated change. The declaration of withdrawal from the agreement should be sent electronically to the Seller's email address.

  6. The delivery time and order fulfilment period are counted in Business Days in accordance with Section VII, point 2.

  7. The Carrier delivering the Goods provides the Customer with proof of purchase.

  8. If you receive a shipment, an Order received during a different fulfilment period applies to all orders delivered within the period covered.

  9. Upon handover of the Goods to the Carrier engaged by the Trader, or directly to the Trader (in the case of a licence), the benefits and risks associated with the Goods, including the risk of accidental loss or damage, pass to the Trader.

  10. Delivery of the Goods to a Trader-specific Customer takes place at the time of contact by the Seller.

  11. Upon delivery, the Trader is required to check the condition of the Goods. In the case of any objections, the Trader should note that, where the objection concerns the Carrier, detailed information on the type of Goods and the applicable procedure with respect to the Carrier should be followed.

  12. With respect to a Trader Customer, the Seller is not liable for the actions of the Carrier.

  13. With respect to a Trader Customer, the Seller is not liable for damage resulting from incorrect or incomplete data provided by the Customer, including inaccuracies in the contact details or collection address provided.

  14. It is assumed that the person collecting the Goods on behalf of the Trader is authorised by the Trader to receive the delivery and to sign for it, as well as to perform other related tasks.

  15. If the Trader fails, on a single occasion, to collect the dispatched Goods delivered via the Carrier, or fails to collect them within 7 days of being notified that the Goods are ready for collection at the Seller's collection point, the Seller may, at its discretion, set a new collection or delivery date for the Order, or withdraw from the Agreement with the Trader immediately, on the general terms set out in these Terms and Conditions. The Trader is responsible for covering the costs incurred by the Seller due to failure to collect the Goods, as referred to in this point, and the cost of handling the Goods.

  16. The Trader is responsible for all costs incurred by the Seller as a result of the Trader's failure to collect purchased Goods.

  17. The responsible party is not liable for consequences arising on the Trader's side as a result of the Trader's own arrangements for loading and transport, where this results in the collection of the Goods specified in the Order, as verified by the Seller, not being completed.

VII. Prices and Payment Methods

  1. Prices are given in Polish złoty and include all components, including VAT, customs duties and other charges. For individual Trader Customers, the administrator may use net prices. A selected Trader may be offered an additional discount and offers linked to the existing cooperation and the Customer's track record .

  2. The Customer may choose other payment methods:

    1. bank transfer to the Seller's bank account (in this case, order fulfilment begins once the Seller sends the Customer confirmation of order receipt, and shipment takes place once the funds have reached the Seller's bank account and the order has been completed);

    2. payment on personal collection – collection at the Seller's collection point (in this case, order fulfilment takes place once the Seller sends the Customer confirmation of order receipt, and the shipment is sent to the collection point designated by the Seller);

    3. cash on delivery, payment to the carrier upon delivery (in this case, order fulfilment and dispatch begin once the Seller sends the Customer confirmation of order receipt and the order has been completed);

    4. electronic payment (in this case, order fulfilment begins once the Seller sends the Customer confirmation of order receipt and once the Seller receives information from the payment agent confirming that the Customer has made payment, followed by confirmation once the order has been completed).

  3. The Seller informs the Customer, on the Store's website, of the point at which payment for the Order is due. If the Customer fails to make payment within the specified time, the Seller may, after issuing an unsuccessful demand for payment with an appropriate deadline, withdraw from the agreement pursuant to Article 491 of the Civil Code.

  4. The Trader shall not set off or deduct any amounts claimed from or owed by the Seller, in relation to other matters connecting the Trader with the Seller, or in relation to claims of a commercial nature against the Customer, unless the legal framework binding the parties provides otherwise.

  5. The Seller may suspend fulfilment of the Order or delivery of the Goods, or may withdraw from the agreement in whole or in part, in the event of a delay in payment by the Trader to the Seller. In such cases, the Trader shall have no claim in respect of any resulting loss, including lost profits, arising in connection with the delay in delivery.

VIII. Right of Withdrawal from the Agreement

  1. A Customer who is a Consumer may withdraw from the agreement without giving a reason within 14 days. This period is sufficient to allow the Customer to review the Goods before deciding.

  2. The Customer may submit a statement, which will be made automatically available by the Seller on the Store's website.

  3. The 14-day period runs from the day on which the Customer takes possession of the Goods, or, in the case of an agreement for a Service, from the day the agreement is concluded.

  4. On receiving the Consumer's declaration of withdrawal from the agreement, the Seller will send the Consumer confirmation of receipt of that declaration to the Consumer's email address.

  5. The Consumer's right of withdrawal does not apply, among others, in the case of:

    1. a contract for services, if the Seller has fully performed the service with the Consumer's express prior consent, having informed the Consumer that they will lose the right of withdrawal once the service has been performed by the Seller;

    2. a contract in which the price or fee depends on fluctuations in the market that the Seller does not control, and which may occur before the withdrawal period expires;

    3. a contract for the supply of goods that are not prefabricated, made to the Consumer's specifications or intended to meet their individual needs ;

    4. goods that are liable to deteriorate or expire rapidly;

    5. goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, and which were unsealed by the Consumer after delivery;

    6. goods which, after delivery, are, by their nature, inseparably mixed with other items;

    7. a contract under which the Seller performs urgent repair or maintenance work at the Consumer's request; if the Seller provides additional services beyond those requested by the Consumer, or supplies additional parts other than those necessary to carry out the repair or maintenance, the right of withdrawal applies to those additional services or Goods;

    8. sound or video recordings, or computer software, supplied in sealed packaging, if the packaging was opened after delivery; the supply of newspapers, periodicals or magazines, except for subscription agreements;

    9. an agreement concluded through a public auction;

    10. a contract for the supply of digital content that is not delivered on a tangible medium, if performance began with the Consumer's express prior consent before the withdrawal period expired, and after the Seller informed the Consumer that they would thereby lose the right of withdrawal.

  6. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. Whatever the parties have received should be returned unchanged, unless a change was necessary to establish the nature, characteristics and functioning of the Goods. The return should take place no later than within 14 days. The purchased Goods should be sent to the Seller's address.

  7. The Seller shall, no later than within 14 days of receiving the declaration of withdrawal, refund all payments made by the Consumer, including the cost of delivery. The refund will be made using the same payment method used by the Consumer, unless the Consumer agrees to a different method that does not involve any additional cost to the Consumer. The Seller may withhold the refund until the Goods have been received back, or until the Consumer has provided proof of having sent them back, whichever occurs first, unless the Seller has notified the Consumer that it will collect the Goods itself.

  8. If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not required to refund the Consumer for the additional cost incurred.

  9. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to cover this cost.

IX. Complaints Regarding Goods under Statutory Warranty

  1. The Seller is obliged to supply Goods free from defects.

  2. The Seller is liable to a Customer who is a Consumer under the statutory warranty for defects, on the general terms set out in Articles 556 – 576 of the Civil Code.

  3. Complaints, along with information relating to the Consumer's statutory rights or requests concerning these Terms and Conditions, should be addressed to QUICKPACK POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Przemysłowa 47, Jędrzejów 28-300, to the email address: [email protected], or by phone at +48 413865900.

  4. For the purposes of examining a complaint, the Consumer should deliver or return the Goods being complained of, attaching proof of purchase where possible. Please note the address given in point 3 above.

  5. The Seller will consider each complaint within 14 days.

  6. If the complaint is incomplete, the Seller will ask the Consumer to complete it, within no later than 7 days of the Consumer receiving that request.

  7. This does not apply to individual Trader Customers, who are excluded from this provision.

  8. The Seller is not liable to a Trader for any consequences arising from storing, transporting or using the Goods in a manner inconsistent with the instructions in the Goods description or on the Goods' labelling.

  9. The Seller's liability for lost profits towards a Trader is excluded.

  10. Any liability of the Seller arising from the Sales Agreement or from services provided to the Customer is limited to the value of the Customer's order.

  11. The statutory warranty does not apply to Traders in respect of the Goods purchased .

X. Complaints Regarding Services Provided by Electronic Means

  1. The Customer may submit complaints relating to the operation of the Store and the use of the Services. Complaints may be submitted in writing to QUICKPACK POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Przemysłowa 47, Jędrzejów 28-300, to the email address: [email protected], or by phone at +48 413865900.

  2. The complaint should include the Customer's first and last name, correspondence address, and the type and description of the problem that has occurred.

  3. The Seller will consider each complaint within 14 days; if this is not possible, the Seller will inform the Customer within that period when the complaint will be considered. If the complaint is incomplete, the Seller will ask the Customer to complete it within 7 days of the Customer receiving that request.

XI. Warranty

  1. The Goods may be covered by a manufacturer's or seller's warranty.

  2. Where a warranty applies, information on its existence, content and duration is presented, in each case, in the Goods description on the Store's website.

XII. Out-of-Court Complaint and Redress Procedures

  1. A Customer who is a Consumer has, among others, the following options for out-of-court complaint and redress procedures:

    1. the right to apply to a permanent consumer arbitration court operating at the Trade Inspectorate for a resolution of a dispute arising from the Sales Agreement;

    2. the right to apply to the provincial inspector of the Trade Inspectorate to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller;

    3. may obtain assistance in resolving a dispute between the Customer and the Seller free of charge from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers Association). Advice is available from the Consumer Federation on the consumer helpline +48 800 007 707 and from the Polish Consumers Association at [email protected];

    4. may submit a complaint via the online ODR platform, available at: http://ec.europa.eu/consumers/odr/ .

XIII. Intellectual Property

  1. A Customer using the Store's software, without the Seller's consent, may not use the Seller's trademarks, designations or symbols.

  2. Any drawings, specifications, data sheets, advertising materials or other materials made available by the Seller to the Customer, or published publicly, remain the exclusive property of the Seller. The Customer may not make any changes to these materials without the Seller's prior consent.

  3. The Trader, either directly or through a related entity, grants the Seller a free, non-exclusive licence, limited in time and territory, to use the Trader's business logotype for the Seller's own purposes, within the following fields of use: recording, reproduction by any technique, storage in computer memory and in a computer network, public display, and making it available on the internet, including on the Seller's other websites.

  1. The Customer has consented to the above data being included in the Seller's list of customers, available, among other places, on the Seller's website.

XIV. Protection of Personal Data

Personal data provided by Customers is collected and processed by the Seller in accordance with the applicable law and the Privacy Policy available on the Store's website.

XV. Final Provisions

  1. All rights to the Online Store, including economic copyright, rights relating to its name, internet domain, the Store's website, as well as its forms and logotypes, belong to the Seller, and they may be used only as provided for and licensed under these Terms and Conditions.

  2. The provisions of these Terms and Conditions relating to Consumers, in respect of withdrawal from the agreement and complaints, also apply to a natural person concluding an agreement directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for that person, who is registered under the regulations on the Central Register and Information on Economic Activity. The provisions on out-of-court complaint and redress procedures do not apply to such persons.

  3. Disputes between the Seller and a Customer who is a Consumer will be resolved by the competent court in accordance with the applicable provisions of the Code of Civil Procedure.

  4. All matters and disputes arising from the availability of, or agreements concluded between, the Seller and a Trader, including matters relating to their conclusion, performance, and any claims for damages arising from non-performance or improper performance, shall be subject to the exclusive jurisdiction of the courts of the Republic of Poland and to Polish law.

  5. The court competent to resolve disputes concerning agreements or order fulfilment between the Seller and a Trader shall be the court having jurisdiction over the Seller's registered office.

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

  7. Every Consumer will be informed of any amendment to these Terms and Conditions via a notice on the Online Store's homepage, setting out a summary of the changes and the date they take effect. Customers with an Account will additionally be notified of any changes, together with a summary of them, at their registered email address. The amendments will not take effect with respect to Consumers until 14 days after they are published. If a Customer with an Account does not accept the amended Terms and Conditions, they should notify the Seller of this fact within 14 days of being notified of the change. Failure to accept the new content of the Terms and Conditions shall be treated as a notice regarding the applicability of the agreement. For individual Trader Customers, amendments take effect from the date they are published on the Online Store's website. Amendments do not apply to Orders placed before the Terms and Conditions took effect.

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