Terms and conditions
Terms and conditions of the online shop
§ 1 Introductory provisions
⦁ Vizantio online shop, available at https://vizantio.pl, is run by Vizantio Andrii Nechai individual business entity with registered office at 13 Antoniuk Fabryczny Street, 15-762 Białystok, NIP 5423282600, REGON 525408536. 2.
These Terms and Conditions are addressed to Consumers and set out the rules and procedures for the conclusion of a Distance Selling Agreement with a Consumer via the Shop.
§ 2 Definitions
⦁ Consumer – a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly connected with his/her economic or professional activity.
⦁ Seller – Vizantio Andrii Nechai individual business activity with registered office at 13 Antoniuk Fabryczny Street, 15-762 Białystok, NIP 5423282600, REGON 525408536.
⦁ Customer – any entity making purchases via the Store.
⦁ Shop – Internet shop operated by the Seller at https://vizantio.pl.
⦁ Distance contract – a contract concluded with a Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
⦁ Rules and Regulations – these rules and regulations of the Store.
⦁ Order – Customer’s declaration of will placed via the Order Form and aiming directly at concluding a Sales Contract of a Product or Products with the Seller.
⦁ Account – customer’s account in the Store, which stores the data provided by the Customer and information on orders placed by him/her in the Store.
⦁ Registration form – a form available in the Store for creating an Account.
⦁ Order form – an interactive form available in the Store allowing the Customer to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment method.
⦁ Basket – an element of the Store’s software in which the Products selected by the Customer for purchase are displayed and it is possible to determine and modify the Order details, in particular the quantity of the Products.
⦁ Product – a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
⦁ Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the website Store. The Sales Agreement is also understood – according to the Product’s features – as a service contract and a work contract.
§ 3 Contact with the Shop
⦁ Seller’s address: 13 Antoniuk Fabryczny street, 15-762 Białystok.
⦁ Seller’s e-mail address: vizantiospzoo@gmail.com.
⦁ Vendor’s phone number: 881539655
⦁ Seller’s bank account number: 07 1140 2004 0000 3402 8374 1531.
⦁ The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
⦁ The Customer may communicate with the Seller by phone from Mon-Sat. 10-16
§ 4 Technical requirements
In order to use the Shop, including browsing the Shop’s product range and placing orders for Products, the following are necessary:
⦁ a terminal device with access to the Internet and a web browser,
⦁ active electronic mail (e-mail) account,
⦁ cookies enabled.
§ 5 General information
⦁ To the fullest extent permitted by law, the Seller shall not be held liable for any disruptions, including interruptions to the operation of the Shop caused by force majeure, unauthorised acts of third parties or incompatibility of the Shop with the technical infrastructure of the Customer.
⦁ Browsing through the Shop’s assortment does not require creating an Account. Placing orders by the Customer for products from the Shop’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing necessary personal and address data which enables the fulfilment of the Order without creating an Account.
⦁ Prices in the Store are given in Polish zloty and are gross prices (including VAT).
⦁ The Rules and Regulations are an integral part of the sales contract concluded with the Customer.
⦁ A condition for the conclusion of a sales contract is that the Customer accepts the Terms and Conditions when placing an order by ticking the appropriate box on the form.
The information on the Store’s website does not constitute an offer within the meaning of the Civil Code. By placing an order, the Customer makes an offer to purchase specific goods. The contract of sale is concluded when the Seller confirms the acceptance of the Order for processing.
§ 6 Creating an Account in the Shop
⦁ To set up an Account in the Store, you need to fill in the Registration Form.
⦁ Creating an Account in the Store is free of charge.
⦁ Logging into an Account is done by entering the login and password established in the Registration Form.
⦁ The Customer has the possibility of deleting the Account at any time, without giving any reason and without paying any fees for it, by sending a relevant request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.
§ 7 Rules for placing an Order
To place an Order, the following is required:
⦁ log in to the Shop (optional);
⦁ select the product which is the subject of the Order and then click on the ‘Add to basket’ button (or equivalent);
⦁ log in or use the option of placing an Order without registration;
⦁ if the option to place an Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
⦁ click the ‘Order and pay’/click the ‘Order and pay’ button and confirm the order by clicking on the link sent in the e-mail,
⦁ select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
§ 8 Delivery and payment methods offered
⦁ The Customer may use the following methods of delivery or collection of the ordered Product:
⦁ Postal consignment, cash on delivery,
⦁ Courier delivery, cash on delivery,
⦁ Personal collection available at: 13 Antoniuk Fabryczny Street, 15-762 Białystok.
⦁ The customer may use the following payment methods:
⦁ Payment on delivery.
⦁ Payment on delivery
⦁ Payment by bank transfer to Seller’s account.
⦁ Electronic payment
⦁ Payment by credit card.
(3) Detailed information on delivery methods and acceptable payment methods can be found on the Shop pages.
§ 9 Performance of the Sales Agreement
⦁ The conclusion of the Sales Contract between the Customer and the Seller shall take place after the Customer places an Order via the Order Form on the On-line Store pursuant to § 7 of the Terms and Conditions.
⦁ After the Order is placed, the Seller shall confirm its receipt and at the same time accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller’s statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above email, the Sales Agreement between the Customer and the Seller is concluded.
⦁ In case the Customer chooses:
⦁ payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment. The Customer is obliged to make payment to the Sales Office, otherwise the order will be cancelled.
⦁ payment by cash on delivery, the Customer is obliged to make payment on delivery.
⦁ payment by cash on delivery in person, the Customer is obliged to make payment on delivery.
⦁ If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
⦁ A In the case of an order for Products with different delivery times, the delivery date is the longest date given.
B In the case of an order for Products with different delivery times, the Customer has the option of requesting delivery of the Products in parts or delivery of all the Products once the entire order has been completed.
⦁ The start of the deadline for delivery of the Product to the Customer is calculated as follows:
⦁ If the Customer chooses to pay by bank transfer, electronic payment or credit card – from the date the Seller’s bank account is credited.
⦁ In case the Customer chooses cash on delivery payment method – from the date of the conclusion of the Sales Agreement,
6 In case the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.
(7) When Products with different readiness for collection dates are ordered, the readiness for collection date is the longest date given.
(8) The start of the deadline for readiness for collection by the Customer is calculated as follows:
⦁ If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account is credited.
⦁ In case the Customer chooses cash on delivery – from the day of concluding the Sales Contract.
⦁ The lead time of the order is from 3 to 21 days from the beginning of the Product delivery period. 9.
9. the Product is delivered exclusively in Poland.
§ 10 Right of withdrawal
⦁ The Consumer may withdraw from the Sales Contract within 14 days without giving any reason.
⦁ The period referred to in subsection 1 shall commence upon delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
⦁ In the case of a Contract which includes multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
⦁ In the case of a Contract which involves the regular delivery of Products over a fixed period of time (subscription), the period indicated in paragraph 1 shall run from taking possession of the first item.
⦁ The consumer may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Seller. It shall be sufficient for the term of withdrawal to be observed if the statement is sent by the Consumer before the expiry of the term.
⦁ The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. If the declaration is sent by the Consumer electronically, the Seller shall send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the declaration of withdrawal from the Contract.
⦁ Effects of withdrawal from the Contract:
⦁ In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
⦁ In the event of withdrawal from the Contract, the Seller shall reimburse to the Consumer, not later than 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Contract, the payments, with the exception of shipping costs.
⦁ The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
⦁ The Seller may withhold reimbursement until it has received the Product back.
⦁ The Consumer shall send back the Product to the Seller’s address specified in these Terms and Conditions immediately, but no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.
⦁ The Consumer shall bear the direct costs of returning the Product.
⦁ The Consumer shall be liable for any reduction in the value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product.
(9) Where, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Shop.
(10) The right of withdrawal from a distance contract does not apply to the Consumer in respect of the Contract:
⦁ where the subject of the performance is a non-refabricated item produced to the Consumer’s specifications or intended to meet the Consumer’s individual needs,
⦁ where the subject of performance is an item supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery,
⦁ where the service is subject to rapid deterioration or has a short shelf life,
⦁ for the provision of services if the Seller has fully performed the service with the express consent of the Consumer who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service,
⦁ where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the period for withdrawal from the Agreement,
⦁ where the subject matter of the performance is goods which, by their nature, are inseparable from other goods after delivery,
⦁ where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging is opened after delivery,
⦁ for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
⦁ for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right to withdraw from the Contract,
It is possible to return the purchased goods within 14 days from the date of receipt of the parcel (based on the Polish Journal of Laws of 2000, No. 22, item 271), provided that the product has not been used, copied or damaged in any way, as well as any packaging and documents of the product have not been destroyed.
§ 11 Claims and Warranty
⦁ The Sales Contract applies to new Products.
⦁ In case of defects of goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty regulations of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
⦁ The complaint should be submitted in writing or by e-mail to the Seller’s addresses specified in these Terms and Conditions.
⦁ Goods sent back within the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.
⦁ The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Lack of the Seller’s response within the aforementioned time limit shall mean that the Seller acknowledged the complaint as justified.
⦁ If a guarantee has been granted for a Product, the information about it and its content will be included in the description of the Product in the Shop.
⦁ The Seller stipulates that the differences in the pictures of the Goods resulting from the individual settings of the customer’s computer (colour, proportions etc.) cannot be the basis for the complaint of the Goods.
§ 12 Out-of-court complaint and redress procedures
⦁ Detailed information about the out-of-court complaint handling and claim procedures available to the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection.
⦁ The consumer has the following examples of out-of-court complaint and redress procedures:
⦁ The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
⦁ The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
⦁ The consumer may obtain free assistance in resolving a dispute between him and the seller, also with the help of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
§ 13 Personal data in the Internet Shop
⦁ The administrator of the Customers’ personal data collected via the Online Store is the Seller.
⦁ The personal data of the Customers collected by the administrator via the On-line shop are collected for the purpose of Sales Agreement execution and, if the Customer agrees, also for marketing purposes.
⦁ The recipients of the personal data of the Customers of the Online Shop may be:
⦁ In the case of the Customer who uses postal or courier delivery methods in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
⦁ In the case of a Customer who uses electronic or card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store. 4.
(4) The Customer has the right to access his/her data and correct them.
(5) Provision of personal data is voluntary, although the failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
§ 14 Final provisions
First Contracts concluded through the Online Store are concluded in the Polish language.
Second The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Regulations.
(3) Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on providing services by electronic means; Act on consumer rights, Act on personal data protection.
(4) The Customer has the right to use out-of-court ways of dealing with complaints and claims. For this purpose, he/she may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
⦁ Entry into force and amendments to these Terms and Conditions
(1) These Terms and Conditions shall enter into force on the date of publication on the Store’s website.
(2) These Terms and Conditions may be amended.
(3) Amendments to the Regulations will be published on the Store’s website.
(4) All orders accepted by the Owner of the Store for processing before the date of change of the Rules and Regulations are carried out on the basis of the Rules and Regulations that were in force on the date of placing the order by the customer.
(5) If the customer does not accept the new content of the Rules and Regulations, he is obliged to notify the Store Owner.
⦁ Intellectual property
It is forbidden to use any materials published on the Store’s website (including photographs and descriptions of goods) without the Store’s written consent.