TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
vesine.eu
§1. General Provisions
1. The Service Provider provides Services in accordance with the Terms and Conditions and the provisions of generally applicable law.
2. The website is available at vesine.eu.
3. You can contact the Service Provider:
- by mail: Vesine Sp. z o.o., ul. Williama Heerleina Lindleya 16, 02-013 Warsaw,
- by e-mail: contact@vesine.eu,
- by phone: +48 508 073 519,
- via the contact form.
4. The Service Provider makes these Terms and Conditions available on the website of the Service and may make them available in the User Account or place them as an attachment to e-mail messages containing declarations of acceptance of Users' offers. Customers may at any time: access the Regulations, save them, obtain them and reproduce them by printing or saving them on a data carrier.
5. The information provided on the Service website does not constitute an offer from the Service Provider within the meaning of Article 66 of the Civil Code, but only an invitation to Users to submit offers to conclude a contract, in accordance with Article 71 of the Civil Code.
6. In order to use the Service, the User must have an ICT device with access to the Internet, a correctly configured Internet browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript support enabled, as well as an active and correctly configured e-mail account.
§2. Contact form functionality
1. The Service Provider enables browsing information posted on the Service via the Service. The use of the Service is terminated when the User closes the Service website.
2. The Service Provider provides Users with the contact form functionality.
3. To use the functionality of the contact form, you must fill in its mandatory fields, enter the desired content, and then send a message to the Service Provider. The Service Provider will respond immediately, using the functionality of the Service, by phone or electronically, by sending an e-mail message.
§3. Provision of other services
1. The Service Provider provides the Information Service to the Users via the Service.
2. The subject of this Information Service is the provision of the Service Provider, consisting in the transfer of information about the activities of the Service Provider undertaken outside the Service.
3. Content related to the provision of other services, in particular the services of making custom-made furniture, is for informational purposes only. However, all actions aimed at concluding agreements for the provision of these services are undertaken outside the activity of the Service.
§4. Newsletter
1. The Service Provider allows you to join the list of subscribers to the newsletter containing commercial information sent to the User's e-mail address.
2. To order the newsletter, use the appropriate newsletter activation field in the registration form or in another form provided by the Service Provider on the Service website.
3. The condition for correctly ordering the newsletter is to provide the User's e-mail address. Providing this data is voluntary, but necessary in order to receive the newsletter.
4. Unsubscribing from the newsletter subscriber list may be done without giving a reason and at any time, using the Service's functionality or the deactivation link contained in the newsletter message, as well as by sending a statement of the User in this regard to the Service Provider, e.g. in an e-mail message or letter.
§5. Complaint - non-compliance of the service provided with the agreement
1. Complaints may be filed due to the non-compliance of the Service provided with the agreement, in accordance with applicable legal regulations, in particular in accordance with the provisions of the Act of 30 May 2014 on consumer rights.
2. A complaint may be filed by letter or e-mail to the postal or electronic address of the Service Provider. It may be filed using a form, the template of which is an appendix to the Regulations, but this is not obligatory.
3. In the content of the complaint, it is recommended to include:
- the Consumer's contact details, which will be used to respond to the complaint and conduct correspondence related to it,
- the Consumer's bank account number, which will be used to return the funds, in the event of such circumstances,
- a description of the problem and the Consumer's identification data.
4. The Service Provider will consider complaints within 14 days from the date of submission.
5. The Service Provider will inform the Consumer about the method of resolving the received complaint electronically or by regular mail, depending on the Consumer's will or the method of filing the complaint used by them.
6. The refund of funds in connection with the complaint will be made using the method of bank transfer or postal order, in accordance with the Consumer's will.
§6. Extrajudicial handling of complaints and pursuing claims
1. The Consumer has the possibility of using the following extrajudicial methods of handling complaints and pursuing claims:
a. submitting an application for resolving a dispute arising from the concluded Sales Agreement to a permanent consumer arbitration court operating at the Trade Inspection, whose address, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, maintained at the URL address https://www.uokik.gov.pl/wazne_adresy.php#faq596,
b. submitting an application for initiating mediation proceedings on the amicable settlement of the dispute between the Consumer and the Service Provider to the provincial inspector of the Trade Inspection, whose address, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, maintained at URL https://www.uokik.gov.pl/wazne_adresy.php#faq595,
c. using the assistance of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
d. filing a complaint via the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
2. Detailed information on the procedure for out-of-court complaint and claim settlement procedures and the rules for access to these procedures are available at the offices and on the websites of the entities listed in point 1.
3. The list of entities and institutions that perform tasks related to out-of-court resolution of consumer disputes and detailed information on this subject are available on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.
§7. Withdrawal from the agreement
1. A User who is a Consumer or an Entrepreneur with consumer rights may withdraw from the agreement within 14 days without giving a reason, subject to the standards indicated in the content of the instruction on withdrawal from the agreement, which is an annex to the Regulations.
2. The User may withdraw from the agreement by submitting a declaration of withdrawal from the agreement to the Service Provider. The declaration may be submitted on a form, the template of which is an annex to the Regulations.
3. Immediately, but no later than within 14 days from the date on which the User withdrew from the contract, he is obliged to return the goods to the Service Provider or hand them over to a person authorized by the Service Provider. To meet the deadline, it is sufficient to return the goods before its expiry. This provision does not apply if the Service Provider has offered to collect the goods himself.
4. The User is liable for a decrease in the value of the goods resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
5. In the event of withdrawal from the contract, it is considered not to have been concluded. If the User has submitted a declaration of withdrawal from the contract before the Service Provider has accepted his offer, the offer ceases to be binding.
§8. Data and cookie processing
1. Information on the terms of personal data processing can be found in the Privacy and Cookies Policy of the Service.
2. Information on the cookies used can be found in the Privacy and Cookies Policy of the Service.
§9. License terms
1. The Service Provider grants to Users using the Service a free license for their own personal use and in order to enable the use of the Service, in compliance with these terms.
2. The name of the Service, the graphic design of the Service, the structure of the Service, the Service, the source or compiled code of the Service, the websites used to operate the Service and all documents developed by the Service Provider in connection with the provision of the Service, including related works, including the Regulations and other documents or messages sent in connection with the provision of services, constitute works within the understanding of copyright law. The Service Provider does not transfer to the User the proprietary copyrights to the Service or any works constituting part of it, nor the right to grant permissions regarding the disposal of proprietary copyrights to these works or the Service and use them, as well as to exercise other dependent rights not reserved in the license terms.
3. The right to use the Service and related works applies to the following fields of exploitation: saving and reproducing in the memory of a telecommunications device at a place and time of their choosing and accessing and displaying via a telecommunications device at a place and time of their choosing.
4. The User may not: lend, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information on property rights or copyrights that may appear in the area of the works, use the works for purposes violating applicable provisions of general law or ethical and moral standards.
5. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Service and related works. The Service Provider retains the exclusive rights to decide on maintaining the integrity of the Service.
6. By publishing any content on the Service, in particular: comments or opinions, the User grants the Service Provider a free, unlimited in time, unlimited in territory and non-exclusive license to use them in the following fields of exploitation: publication in the area of the Service website, saving and reproducing in the memory of a telecommunications device at a place and time chosen by the User, access and display via a telecommunications device at a place and time chosen by the User, while retaining the right to grant sub-licenses referred to in the points above, in order to enable Users to use the Service.
7. The User acknowledges that it is prohibited to provide the Service or through it with content that:
a. is illegal,
b. may mislead other Users,
c. violates the personal rights of Users, the Service Provider or third parties,
d. is generally considered offensive, vulgar or violates good customs, in particular: pornographic content, content promoting drug use or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.
8. The Service Provider is entitled to remove or moderate content that violates the provisions of the Regulations.
§10. Validity and amendment of the Regulations
1. The Regulations enter into force within 3 days from the date of their publication on the Service website.
2. The Regulations may be amended due to changes in legal regulations concerning the subject of the provision of Services, as well as due to technical or organizational changes concerning the services provided by the Service Provider.
3. The Regulations are amended by publishing their new content on the Service website.
4. The amendment to the Regulations does not apply to Sales agreements concluded before the date of its amendment.
5. Information about the amendment to the Regulations is published in the area of the Service website, within 3 days before the date of entry into force of its new wording.
6. The Service Provider sends information about the amendment to the Regulations by electronic means, in the event that the parties are bound by an agreement concluded for an indefinite period.
§11. Final provisions
1. The meaning of the terms written in capital letters is consistent with the explanations provided in the part describing the definitions used in the Regulations.
2. The Service Provider shall not be liable for:
a. interruptions in the proper functioning of the Service and improper provision of Services caused by force majeure in relation to Users who are not Consumers,
b. interruptions in the proper functioning of the Service and improper provision of Services for Users who are not Consumers, caused by technical activities or a cause attributable to entities through which the Service Provider provides Services,
3. benefits lost by Users who are not Consumers. 3. In the event that it is impossible to amicably resolve a dispute between the Service Provider and a User who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland in circumstances where such a possibility is permitted by the provisions of its national law, the court competent for the seat of the Service Provider shall be established as the competent court for its resolution.
4. In relation to Users who are not Consumers or to Consumers who do not reside in the territory of the Republic of Poland in the event that the provisions of their national law permit such a possibility, the law of the Republic of Poland shall apply as the law applicable to the performance of the agreement concluded with the Service Provider and to the resolution of disputes related thereto.
5. The provisions of the Regulations are not intended to exclude or limit the rights of the User who is a Consumer, arising from the provisions of generally applicable local law. The Consumer may not waive them. 6. In relation to agreements concluded with the Service Provider, in the event of non-compliance of the Regulations with the provisions of the law generally applicable in the Consumer's country, the provisions of the law generally applicable in the Consumer's country shall apply.
7. In the event that the provisions of the Regulations prove invalid or ineffective, this circumstance shall not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, the norm corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations shall apply.
§12. Definitions used in the regulations
User Account is a panel enabling the management of the User's orders via the Service, subject to registration and logging in.
A Consumer is a User who is a natural person and concludes an agreement for a purpose not directly related to the business or professional activity they conduct.
An entrepreneur with consumer rights is a User who is an entrepreneur for whom Services are provided related to the business activity conducted by him/her, but which are not of a professional nature for him/her, in accordance with applicable legal provisions resulting in particular from the subject of the business activity conducted by him/her based on the provisions on the Central Register and Information on Business Activity, in accordance with applicable legal provisions.
The Regulations are these contractual terms, the subject of which is the provision of Services by electronic means by the Service Provider to Users, via the Service.
The Service is a service run by the Service Provider via a website available on the Internet at the URL address: vesine.eu.
The Service is a service provided by the Service Provider to the User, based on an agreement concluded between the parties via the Service. The agreement is concluded as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.
The Service Provider is Vesine Sp. z o.o. with its registered office in Warsaw (02-013) at ul. Williama Heerleina Lindleya 16, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000909816, NIP: 7011042402 and REGON: 389372183, being the service provider, administrator and owner of the Service. The Service Provider can be contacted by phone: +48 508 073 519 and by e-mail: contact@vesine.eu.
User is a natural person, legal person or organizational unit without legal personality, in whose favor the provisions of generally applicable law grant legal capacity, who concludes an agreement with the Service Provider for the provision of the Service.
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
INSTRUCTION ON WITHDRAWAL FROM THE CONTRACT
The provisions contained in this instruction concerning the right of withdrawal from the contract by Consumers apply to a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
You have the right to withdraw from the contract concluded on our Website within 14 days without giving any reason, subject to the cases indicated in the section "exclusion of the right to withdraw from the contract". The deadline for withdrawal from the contract expires after 14 days from the date of conclusion of the contract - in the case of contracts for the provision of services.
In order to meet the withdrawal deadline, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the withdrawal deadline expires.
To exercise your right to withdraw from the contract, you must inform us: Vesine Sp. z o.o., ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, e-mail: contact@vesine.eu, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
When withdrawing from the contract, you may use the model withdrawal form, but this is not obligatory. The model form is attached to the regulations for the provision of electronic services within the Service.