General Terms and Conditions of Sale
I. General provisions.
§ 1. General provisions.
1. This document defines the general terms and conditions of sale conducted via the website www.vesine.eu operated by VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the National Court Register Register of Entrepreneurs before the District Court of the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000909816, NIP: 7011042402 (hereinafter also referred to as the Seller).
2. Contact with the Seller is possible in the following way:
a. correspondence address: VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw,
b. e-mail address for placing an order: orders@vesine.eu
c. e-mail address for contact: contact@vesine.eu
d. telephone contact: +48 508 073 519 (call cost according to operator's rate), working hours: 08-21 from Monday to Friday.
3. The terms used in the GTC shall be understood as follows:
a. Civil Code - the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended),
b. Consumer - a natural person who performs a legal act with the Seller that is not directly related to their business or professional activity,
c. Customer - a natural person, legal person or organizational unit without legal personality, to whom the law grants legal capacity, with whom a Sales Agreement may be concluded,
d. Entrepreneur - a natural person, legal person or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity,
e. Entrepreneur with Consumer Rights - a natural person concluding an Agreement directly related to their business activity, when it results from the content of the Agreement that it does not have a professional character for this person, resulting in particular from the subject the business activity it conducts, made available pursuant to the provisions on the Central Register and Information on Business Activity,
f. GTC – this document,
g. Website/Website/Online Store/Store – website operating at the electronic address https://www.vesine.eu,
h. Seller – VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the National Court Register Register of Entrepreneurs kept by the District Court of the capital city of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000909816, NIP: 7011042402,
i. Product – a product presented in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller,
j. Agreement – Sales Agreement,
k. Sales Agreement – Sales Agreement concluded at a distance between the Customer and the Seller on the terms specified in the General Terms and Conditions,
l. Order – a declaration of will of the Customer directly aimed at concluding the Sales Agreement, specifying in particular the type and number of Products concerned.
II. Sale of Goods.
§ 2. Goods
1. Through the Store, the Seller conducts mail order sale of Goods manufactured each time on the Customer's individual Order, the description of which can be found on the Website.
2. The Seller reserves that due to the production process and the properties of the materials used, the Goods may differ noticeably in their color, as well as in texture and number of knots. Differences in color, grain or local cracks or gaps after cracking of individual elements of the Goods are a natural feature of wood and prove its uniqueness and unrepeatable nature. The Seller reserves that products made of solid wood tend to change volume and shape under the influence of external factors - mainly fluctuations in air humidity. This process is very long-lasting and depends on a number of factors to which the wood is subjected during use. The Seller reserves that the color of the delivered Goods may differ from the color visible on the Website also due to differences in the operation of the matrices of devices used to display the image.
3. The Seller reserves that the dimensions of the Goods may differ from the dimensions presented on the Website within 5% of the values provided on the Website.
4. The Customer is obliged to familiarize themselves with the basic safety rules for use, cleaning and maintenance of the Goods sent to the Customer electronically or in paper by the Seller and to comply with these rules.
§ 3. Conclusion of the Agreement.
1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude an Agreement within the meaning of Art. 71 of the Civil Code.
2. Orders in the Online Store can be placed:
a. via the Internet by filling out the contact form located on the Store's Website - Orders in this form can be placed 24 hours a day, 7 days a week;
b. via e-mail by sending the Order to the following address: e-mail: orders@vesine.eu - Orders in this form can be placed 24 hours a day, 7 days a week;
c. by phone at +48 508 073 519 - Orders in this form can be placed on working days, from 9:00 to 21:00.
3. In order to place an Order in the Online Store, the Customer should:
a. provide during the telephone conversation, in the content of an e-mail or in the content of a message sent via the contact form, addressed to the Seller, the name of the Goods from among the Goods available on the Store's website and its quantity,
b. indicate the method of delivery and form of payment from among the methods of delivery and payment provided on the Store's website,
c. provide the data required to complete the Order, in particular: first name and last name, address of residence, delivery address, e-mail address and contact phone number.
4. Each time the Seller places an Order via phone, e-mail or contact form, the Seller sends the Customer a confirmation of the placed Order.
5. The Agreement is concluded when the Customer sends, in response to the confirmation of the terms of the Order sent by the Seller, an electronic message to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order.
6. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them in writing to the address provided by the Customer, or, with the Customer's consent, to the e-mail address.
7. The Sales Agreement is concluded in Polish or English.
§ 4. Payment for Goods.
1. Prices of Goods are given in Polish zloty and include VAT.
2. The Seller provides a method of payment for Goods by bank transfer. Payment by bank transfer should be made in PLN to the provided bank account maintained by mBank, account number: 74 1140 2004 0000 3502 8144 3704. The title of the transfer should include the Order number.
3. Payment should be made within 7 days from the date of conclusion of the Sales Agreement, unless the Sales Agreement indicates otherwise. In the event of the Customer's failure to make a payment under the concluded Sales Agreement on time, the Seller sets an additional deadline for the Customer to make the payment, of which he will inform the Customer via e-mail or by correspondence. Together with the information about the additional payment deadline, the Seller informs the Customer that in the event of ineffective expiry of the specified deadline, the Seller will be entitled to withdraw from the Sales Agreement. In the event of an ineffective expiry of the additional period set by the Seller for making payment under the concluded Sales Agreement, the Seller shall provide the Customer electronically or by correspondence with a declaration of withdrawal from the agreement pursuant to Article 491 of the Civil Code.
4. The execution of the Order shall commence immediately after the funds have been posted to the Seller's bank account.
5. Customers wishing to receive a VAT invoice for the Order are required to provide data enabling its issuance, including in particular the Tax Identification Number when placing the Order. Failure to provide the Tax Identification Number when placing the Order will result in the inability to issue a VAT invoice to the Customer at a later date.
§ 5. Delivery of Goods.
1. Delivery of Goods shall be made to the address indicated by the Customer when placing the Order.
2. After posting the payment, the Seller shall prepare and ship the Goods within fifty business days from the moment of starting to execute the Order, unless a different delivery date has been indicated in the Sales Agreement. A business day is one day from Monday to Friday, excluding public holidays.
3. The Seller shall deliver on the territory of the Republic of Poland via courier companies or by its own transport, at the Seller's choice. The Goods shall be delivered to the Customer at the Seller's expense.
4. The Customer is obliged to examine the delivered shipment in the time and manner accepted for shipments of a given type. If, before the shipment is released, it turns out that the shipment has been damaged, the Customer should refuse to accept the shipment and oblige the carrier to draw up a protocol containing the condition of the shipment. If, after the shipment is released, it turns out that the shipment has damage that cannot be seen from the outside upon receipt, the carrier shall determine the condition of the shipment at the Customer's request reported immediately after the damage is revealed, within 7 days from the date of receipt of the shipment. In the event of any problems related to the receipt of the shipment, the Customer should contact the Seller at the e-mail address: orders@vesine.eu. The provisions of the Transport Law shall apply to the execution of deliveries.
III. Right to withdraw from the contract.
§ 6. Right to withdraw from the contract.
1. A consumer and an entrepreneur with consumer rights who concluded the contract remotely or outside the Seller's premises may withdraw from it within 14 days without giving a reason and without incurring any costs, except for the costs specified in § 6 points 8-12 of the General Terms and Conditions. To meet the deadline, it is sufficient to send a declaration before its expiry. Among others, Goods manufactured according to the specifications of the consumer or entrepreneur with consumer rights are not subject to return, as referred to in the further part of this paragraph.
2. A declaration of withdrawal from the contract may be submitted electronically to the following address: orders@vesine.eu or in writing to the following address: VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw. The declaration of withdrawal from the Agreement may be submitted using the model withdrawal form constituting Annex No. 1 to the GTC. Using the above form is a convenience, but it is not mandatory. In the event of submitting a declaration of withdrawal from the Agreement by e-mail, the Seller shall confirm on a durable medium the receipt of the declaration of withdrawal from the Agreement by e-mail.
3. The period for withdrawal from the Agreement shall commence:
a. for an Agreement in the performance of which the Seller issues the Goods, being obliged to transfer their ownership - from the taking of possession of the Goods by the Customer or a third party indicated by him other than the carrier, and in the case of an Agreement which:
⦁ covers many Goods that are delivered separately, in batches or in parts - from the taking of possession of the last Goods, their batch or part,
⦁ consists of regular delivery of the Goods for a specified period - from the taking of possession of the first of the Goods;
b. for other Agreements - from the date of conclusion of the Agreement.
4. In the event of withdrawal from an Agreement concluded remotely, the Agreement shall be deemed not to have been concluded. If the Consumer or Entrepreneur with Consumer Rights has submitted a declaration of withdrawal from the Agreement before the Seller has accepted their offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement by the Consumer or Entrepreneur with Consumer Rights, return all payments made by the Consumer or Entrepreneur with Consumer Rights. The Seller may withhold the return of the payment until the returned Goods are received.
6. The Seller shall return the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed to another method of return that does not involve any costs for them. If the Seller has not offered to collect the Goods from the Consumer or Entrepreneur with Consumer Rights, it may withhold the refund of payments received from the Consumer or Entrepreneur with Consumer Rights until the Goods are received back or until the Consumer or Entrepreneur with Consumer Rights provides proof of their return, depending on which event occurs first.
7. The Consumer or Entrepreneur with Consumer Rights is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than within 14 days from the date on which they withdrew from the Agreement, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to return the Goods before it expires. The Goods should be returned to the following address: ul. Kosmiczna 20, 15-682, Białystok, with the note “VESINE”.
8. The Consumer or Entrepreneur with Consumer Rights shall bear the direct costs of returning the Goods. If the Agreement was concluded outside the Seller's premises, the Goods were delivered to the Consumer or Entrepreneur with Consumer Rights to the place where they resided at the time of conclusion of the Agreement, the Seller is obliged to collect the Goods at their own expense if, due to the nature of the Goods, they cannot be returned by regular mail.
9. If the Consumer or Entrepreneur with Consumer Rights chose a method of delivery of the Goods other than the cheapest regular method of delivery offered by the Seller, the Seller is not obliged to refund the Consumer or Entrepreneur with Consumer Rights the additional costs incurred by them.
10. If, due to their nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer and Entrepreneur with Consumer Rights about the costs of returning the Goods. The Seller indicates that the cost of returning the Goods to the Seller is 15% of the price of the goods.
11. The Consumer or Entrepreneur with Consumer Rights is liable for a reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
12. If the Consumer or Entrepreneur with Consumer Rights exercises the right to withdraw from the Agreement after submitting a request in accordance with Art. 15 sec. 3 and Art. 21 sec. 2 of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended), they are obliged to pay for the services provided until the time of withdrawal from the Agreement. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
13. The right to withdraw from a Distance Agreement does not apply to the Consumer and the Entrepreneur with Consumer Rights in relation to the following Agreements:
a. for the provision of services for which the Consumer or the Entrepreneur with Consumer Rights is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or the Entrepreneur with Consumer Rights, who was informed before the commencement of the provision that after the provision by the Seller the right to withdraw from the Agreement will be lost, and he has acknowledged this;
b. 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 expiry of the period for withdrawal from the Agreement;
c. in which the subject of the provision is a non-prefabricated Good, manufactured according to the specifications of the Consumer or the Entrepreneur with Consumer Rights or intended to meet his individual needs;
d. in which the subject of the provision is a Good that spoils quickly or has a short shelf life;
e. where the subject of the provision is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f. where the subject of the provision is Goods, which after delivery, due to their nature, are inseparably connected with other Goods;
g. where the subject of the provision is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;
h. where the Consumer or Entrepreneur with Consumer Rights expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer or Entrepreneur with Consumer Rights, or supplies goods other than spare parts necessary for repair or maintenance, the right to withdraw from the Agreement applies to additional services or Goods; i. where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
k. concluded by way of a public auction;
l. for the provision of services in the field of 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 day or period of provision of the service;
m. for the provision of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur commenced the provision with the express and prior consent of the Consumer or the Entrepreneur with Consumer Rights, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, he will lose the right to withdraw from the Agreement, and has acknowledged this, and the Seller has provided the Consumer or the Entrepreneur with Consumer Rights with the confirmation referred to in Art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended); n. for the provision of services for which the Consumer or Entrepreneur with Consumer Rights is obliged to pay the price, in the case of which the Consumer or Entrepreneur with Consumer Rights has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer or Entrepreneur with Consumer Rights.
IV. Complaints.
§ 7. Complaints.
1. A complaint may be submitted in writing to the following address: VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw or in electronic form to the following address: orders@vesine.eu
2. A complaint should include the details of the person filing the complaint (name, surname, correspondence address, telephone number, e-mail address), a description of the problem that is the basis for filing the complaint, photos and a request for a method of achieving compliance with the Agreement.
3. The Seller is obliged to respond to the complaint within 14 days of its receipt. The Seller shall provide the response to the complaint to the Consumer or Entrepreneur under the Rights of the Consumer on paper or another durable medium.
§ 8. Non-conformity of the Goods with the Agreement.
1. The Seller is obliged to deliver the Goods without defects, consistent with the Sales Agreement. The Seller shall be liable to the Consumer or Entrepreneur with Consumer Rights for the non-compliance of the Goods with the Sales Agreement under the terms specified in the provisions of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended), as well as in the provisions of the Act of 23 April 1964 - the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended).
2. The Goods are in accordance with the Sales Agreement if, in particular, the following are in accordance with the Sales Agreement:
a. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates,
b. suitability for a specific purpose for which it is needed by the Consumer or Entrepreneur with Consumer Rights, about which the Consumer or Entrepreneur with Consumer Rights informed the Seller at the latest at the time of conclusion of the Sales Agreement and which the Seller accepted.
3. In order to be deemed to be in accordance with the Sales Agreement, the Goods must:
a. be suitable for the purposes for which Goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices,
b. be present in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, that are typical for Goods of this type and that the Consumer or Entrepreneur with Consumer Rights may reasonably expect, taking into account the nature of the Goods and the public assurance provided by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
⦁ it was not aware of the given public assurance and, judging reasonably, could not have been aware of it,
⦁ before concluding the Sales Agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided or in a comparable manner,
⦁ the public assurance did not influence the decision of the Consumer or Entrepreneur with Consumer Rights Consumer upon conclusion of the Sales Agreement;
c. be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with Consumer Rights may reasonably expect to be provided,
d. be of the same quality as the sample or model that the Seller made available to the Consumer or Entrepreneur with Consumer Rights before conclusion of the Sales Agreement, and correspond to the description of such sample or model.
4. The Seller shall not be liable for the lack of conformity of the Goods with the Sales Agreement to the extent referred to in §8 sec. 3 of the GTC, if the Consumer or Entrepreneur with Consumer Rights, at the latest at the time of conclusion of the Sales Agreement, was expressly informed that a specific feature of the Goods deviates from the requirements for conformity with the Sales Agreement specified in §8 sec. 3 of the GTC, and has expressly and separately accepted the lack of a specific feature of the Goods.
5. The Seller shall be liable for the lack of conformity of the Goods with the Sales Agreement resulting from improper installation of the Goods, if:
a. it was carried out by the Seller or under his responsibility,
b. improper installation carried out by the Consumer or Entrepreneur under Consumer Rights resulted from errors in the instructions provided by the Seller or a third party.
6. The Seller shall be liable for the lack of conformity of the Goods with the Sales Agreement existing at the time of its delivery and revealed within two years from that time, unless the expiry date of the Goods for use, specified by the Seller, his legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the Sales Agreement, which became apparent before the expiry of two years from the time of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the Sales Agreement.
7. The Seller may not invoke the expiry of the period for determining the lack of conformity of the Goods with the Sales Agreement specified in § 8 sec. 6 of the General Terms and Conditions, if this lack has been fraudulently concealed.
8. If the Goods are inconsistent with the Sales Agreement, the Consumer or Entrepreneur with Consumer Rights may request their repair or replacement.
9. The Seller may make a replacement when the Consumer or Entrepreneur with Consumer Rights requests a repair, or the Seller may make a repair when the Consumer or Entrepreneur with Consumer Rights requests a replacement, if making the Goods consistent with the agreement in the manner chosen by the Consumer or Entrepreneur with Consumer Rights is impossible or would require excessive costs for the Seller. If repair or replacement is impossible or would require excessive costs for the Seller, the Seller may refuse to make the Goods consistent with the Sales Agreement.
10. When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the Sales Agreement, the value of the Goods in accordance with the Sales Agreement and excessive inconvenience for the Consumer or Entrepreneur with Consumer Rights resulting from a change in the method of bringing the Goods into conformity with the Sales Agreement.
11. The Seller shall repair or replace within a reasonable time from the moment the Seller was informed by the Consumer or Entrepreneur with Consumer Rights of the lack of conformity with the Sales Agreement, and without excessive inconvenience for the Consumer or Entrepreneur with Consumer Rights, taking into account the specificity of the Goods and the purpose for which the Consumer or Entrepreneur with Consumer Rights acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
12. The Consumer or Entrepreneur with Consumer Rights shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer or Entrepreneur with Consumer Rights at its own expense.
13. If the Goods are installed before the non-conformity of the Goods with the contract is revealed, the Seller shall dismantle the Goods and re-install them after repair or replacement or have these activities performed at its own expense.
14. If the Goods are non-conforming with the Sales Agreement, the Consumer or Entrepreneur with Consumer Rights may submit a declaration of a price reduction or withdrawal from the contract when:
a. the Seller has refused to bring the Goods into conformity with the Sales Agreement in accordance with § 8 sec. 9 of the General Terms and Conditions,
b. the Seller has failed to bring the Goods into conformity with the Sales Agreement in accordance with § 8 sec. 11-13 of the General Terms and Conditions,
c. the lack of conformity of the Goods with the Sales Agreement continues to exist despite the Seller's attempt to bring the Goods into conformity with the Sales Agreement,
d. the lack of conformity of the Goods with the Sales Agreement is significant enough to justify a price reduction or withdrawal from the Sales Agreement without prior use of the protection measures specified in §8 sec. 8-13 of the General Terms and Conditions,
e. it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with Consumer Rights.
15. The Seller shall return to the Consumer or Entrepreneur with Consumer Rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur's statement on the price reduction.
16. A consumer or an entrepreneur with consumer rights may not withdraw from the sales agreement if the lack of conformity of the goods with the sales agreement is immaterial. It is presumed that the lack of conformity of the goods with the sales agreement is material.
17. If the lack of conformity with the Sales Agreement applies only to some of the Goods delivered under the Sales Agreement, the Consumer or Entrepreneur with Consumer Rights may withdraw from the Sales Agreement only in relation to these Goods, as well as in relation to other Goods acquired by the Consumer together with the Goods that are not in conformity with the Sales Agreement, if it cannot be reasonably expected that the Consumer or Entrepreneur with Consumer Rights would agree to retain only the Goods that are in conformity with the Sales Agreement.
18. In the event of withdrawal from the Sales Agreement, the Consumer or Entrepreneur with Consumer Rights shall immediately return the Goods to the Seller at their expense. The Seller shall immediately return the price to the Consumer or Entrepreneur with Consumer Rights, no later than within 14 days from the date of receipt of the Goods or proof of their return.
19. The Seller shall refund the price using the same method of payment as used by the Consumer or Entrepreneur with Consumer Rights, unless the Consumer or Entrepreneur with Consumer Rights has expressly agreed to another method of refund that does not involve any costs for him.
§ 9. Warranty for Entrepreneurs.
The Seller's liability under the warranty for the Goods or the lack of conformity of the Goods with the contract towards the Customer who is an Entrepreneur is excluded in accordance with art. 558 § 1 of the Act of 23 April 1964 - the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended).
§ 10. Warranty.
1. The Seller provides a warranty for the Goods offered in the Store.
2. The warranty covers Goods sold in the territory of the Republic of Poland and located in this territory at the time of handling the complaint.
3. The warranty period for the Goods is 12 months and is counted from the date of delivery of the Goods to the Customer.
4. The Customer loses the rights provided for in the warranty if, within one month from the discovery of a physical defect, he/she does not notify the Seller of this fact.
5. If it is deemed necessary, the Seller has the right to make an on-site inspection at the place where the Goods are stored in order to verify the validity of the complaint. For this purpose, the Customer arranges a date for the on-site inspection with the Seller. Lack of cooperation between the Customer and the Seller in arranging a date for the inspection or preventing the inspection on the agreed date results in the loss of rights resulting from the warranty. The same rules apply to the visit of the Seller's representative to the place where the Goods are stored to remove the defect.
6. The Customer will be notified within 14 days from the date of filing the complaint about the acceptance of the complaint by the Seller or recognition of the complaint as unjustified.
7. If the defect that is the subject of the complaint is, in the opinion of the Seller, removable, the warranty service will be performed by repairing the Goods.
8. If the nature of the defect does not require its removal in factory conditions, the warranty repair is performed at the place where the Goods are stored.
9. If it is necessary to repair in factory conditions, warranty repair is performed at the Seller's.
10. Necessary costs of transport of defective Goods are borne by the Seller. If it is found that there is no basis for a complaint about the Goods, all costs, including transport and repair costs, are borne by the Customer.
11. If the defect is irremovable, the complaint will be settled by exchanging the complained Goods for defect-free ones or reducing the paid sales price.
12. The Seller decides on the method of settling the complaint.
13. When determining the time of repair or replacement, the technical and logistic capabilities of the Seller are taken into account. The repair or replacement period is a maximum of 8 weeks from the date of acceptance of the complaint.
14. The warranty for the Goods does not exclude, limit or suspend the rights resulting from the warranty.
§ 11. Exclusions.
The Seller reserves that the following in particular shall not be considered a defect in the Goods:
a. changes occurring naturally during average use of the Goods;
b. properties resulting from the type of material used in the production of the Goods - wood is a natural material, constantly working, as a result of changes in air humidity it shrinks and expands, which may cause the formation of minor irregularities, cracks or deformations on the surface of the Goods;
c. permissible differences in the shade of the wooden elements of the Goods - wood as a natural material has various shades depending on its natural habitat conditions, it also absorbs dyes in different ways, additionally wood changes its color as a result of the action of light and UV rays;
d. resin leakage;
e. visible core rays of wood as one of the elements of its anatomical structure;
f. damage resulting from the use of the Goods not in accordance with the instructions for use;
g. damage resulting from the use of the Goods not in accordance with its intended purpose;
h. damage resulting from failure to perform or improper performance of cleaning and maintenance procedures;
i. damage resulting from mechanical damage or external factors, random events or force majeure;
j. damage resulting from natural (average, normal) wear and tear such as scratches or material losses;
k. damage resulting from repairs or alterations to the Goods performed by or on behalf of the Customer.
§ 12. Extrajudicial methods of handling complaints and pursuing claims.
1. Detailed information on extrajudicial methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, Voivodeship Inspectors of Trade Inspection and on the website of the Office of Competition and Consumer Protection https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
2. The consumer may use the following extrajudicial institutions dealing with handling complaints and pursuing claims:
a. submit a request for resolution of the dispute to the Voivodeship Inspector of Trade Inspection. The authorized entity competent for the Seller is the Provincial Inspectorate of Trade Inspection in Warsaw, ul. Sienkiewicza 3, 00-015 Warsaw, http://wiih.org.pl/index.php,
b. file an application for the case to be considered by a permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection,
c. use free legal assistance from municipal or district consumer ombudsmen,
d. use legal assistance provided by the Consumer Helpline number 801 440 220 and 222 66 76 76, run by the Federation of Consumers. The helpline is open from Monday to Friday from 8:00 a.m. to 6:00 p.m. Advice is provided free of charge, the caller only bears the cost of the call in accordance with the tariff of their operator.
3. The consumer may also file a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single common access point for consumers and entrepreneurs, enabling out-of-court resolution of disputes concerning contractual obligations resulting from the concluded online sales contract and/or the concluded online service contract.
4. The President of the Office of Competition and Consumer Protection has a point providing information to Consumers on matters concerning out-of-court resolution of consumer disputes. Assistance is provided by phone at 22 55 60 333, by e-mail at: kontakt.adr@uokik.gov.pl. You can also meet with an employee of the Point in person at the UOKIK Headquarters at: Plac Powstańców Warszawy 1, 00-950 Warsaw.
V. Personal data.
§ 13. Personal data.
1. The personal data controller is VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the National Court Register Register of Entrepreneurs before the District Court of the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000909816, NIP: 7011042402 (hereinafter also referred to as the Controller).
2. The Controller can be contacted at the e-mail address: contact@vesine.eu or in writing to the following address: VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw.
3. Purposes, legal basis and retention period of personal data:
a. in order to respond to an inquiry (legal basis: art. 6 sec. 1 letter a GDPR) for the time necessary to respond to the inquiry,
b. in order to conclude and perform Sales Agreements (legal basis: art. 6 sec. 1 letter b GDPR) for the time necessary to conclude and perform the Agreement, and after that time for a period corresponding to the limitation period for claims - unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to conducting business activity - three years,
c. in order to fulfill tax obligations resulting from tax regulations (legal basis: art. 6 sec. 1 letter c GDPR) for the period of their storage specified by tax regulations,
d. in order to fulfill accounting obligations resulting from the Accounting Act (legal basis: art. 6 sec. 1 letter c GDPR) for the period of their storage specified by accounting regulations,
e. in order to pursue claims or defend against claims, which constitutes a legitimate interest of the administrator (legal basis: Article 6, paragraph 1, letter f of the GDPR), for a period corresponding to the limitation period for claims.
4. The Data Administrator may process the following personal data:
a. in order to respond to an inquiry, the following data are processed: first name, last name, company name, position held in the company, delivery address, telephone number, e-mail address, Tax Identification Number, bank account number,
b. in order to conclude and perform the Agreement, the following data are processed: first name, last name, company name, position held in the company, delivery address, telephone number, e-mail address, Tax Identification Number, bank account number,
c. in order to fulfill tax obligations, the following data are processed: first name, last name, company name, position held in the company, delivery address, telephone number, e-mail address, Tax Identification Number, bank account number,
d. in order to fulfill accounting obligations, the following data are processed: first name, last name, company name, position held in the company, delivery address, telephone number, e-mail address, Tax Identification Number, bank account number,
e. in order to pursue claims or defend against claims, the following data are processed: first name, last name, company name, position held in the company, delivery address, telephone number, address e-mail, NIP, bank account number.
5. The Administrator does not share Customers' personal data with other entities, except for:
a. courier companies carrying out shipments on behalf of the Administrator,
b. banks in the event of the need to conduct settlements,
c. entities handling electronic payments, by payment card or Blik,
d. authorized state authorities, in particular the Police, the Prosecutor's Office, the President of the Office for Personal Data Protection, the President of the Office for Competition and Consumer Protection.
6. In addition, Customers' personal data may be disclosed to entities processing on behalf of and on behalf of the Administrator, on the basis of a concluded personal data processing agreement, in order to provide services specified in the agreement for the Administrator, such as IT services, hosting services.
7. Providing data is voluntary, but in some cases it may be necessary. The need to provide data occurs in the following cases:
a. providing a response to an inquiry. Failure to provide personal data necessary to provide an answer to an inquiry will result in the impossibility of providing an answer to the inquiry,
b. concluding a Distance Agreement. Failure to provide personal data necessary for the conclusion and performance of the Agreement will result in the inability to conclude such an Agreement,
c. due to the statutory obligations of the Administrator. Such an obligation is the processing of personal data for the purpose of fulfilling tax obligations and in connection with maintaining accounting documentation. Failure to provide data will result in failure to fulfill the above obligations.
8. Every data subject has the right to:
a. access their personal data (Article 15 of the GDPR),
b. receive a copy of the data (Article 15 paragraph 3 of the GDPR),
c. rectify (Article 16 of the GDPR),
d. delete the data (Article 17 of the GDPR),
e. restrict the processing of the data (Article 18 of the GDPR),
f. transfer the data (Article 20 of the GDPR),
g. object (Article 21 of the GDPR),
h. withdraw consent at any time and without giving a reason in the event that the person has consented to the processing of personal data.
9. In order to exercise the above-mentioned rights, the data subject should contact the Data Controller and inform them which right (e.g. the right to receive a copy of the data, the right to delete the data, etc.), to what extent (e.g. use of a specific service in the Store) they wish to exercise. The application regarding the exercise of the rights of data subjects can be submitted in the following manner:
a. via e-mail: contact@vesine.eu,
b. in writing to the address: VESINE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw.
10. If, after receiving the application, the Data Controller is unable to determine the content of the request or identify the person submitting the application based on the submitted application, the Controller will contact the person submitting the application for additional information.
11. A response to the application will be provided within one month of its receipt. If it is necessary to extend this period, the Controller will inform the person submitting the application of the reasons for such extension. The response will be provided to the e-mail address from which the application was sent, and in the case of applications sent in writing, the response will be sent by registered mail to the address indicated by the person submitting the application, unless the content of the application indicates a desire to receive feedback to the e-mail address.
12. The data subject has the right to lodge a complaint with the supervisory authority responsible for the protection of personal data, which in Poland is the President of the Office for Personal Data Protection with its registered office in Warsaw, ul. Stawki 2, 00-193 Warsaw. Contact with the President of the Office for Personal Data Protection is possible:
a. by mail: Office of the President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw,
b. by electronic mailbox available at: https://www.uodo.gov.pl/pl/p/kontakt,
c. by phone (Office Infoline): 606 950 000.
VI. Final provisions.
§ 14. Final provisions.
1. The GTC is available free of charge on the Website in the General Terms and Conditions of Sale tab, in a form that allows it to be obtained, saved and reproduced using the IT system used by the Customer.
2. The Seller reserves the right to make changes to the GTC for important reasons, in particular in the event of:
a. changes in applicable legal regulations resulting in the need to modify the GTC in order to maintain compliance with the law,
b. changes in address data.
3. Changes to the GTC will not affect concluded, implemented or performed Agreements, which are covered by the GTC in force on the date of their conclusion. The Seller will publish a uniform text of the GTC on the Website, indicating the date of validity.
4. In matters not regulated by the GTC, the provisions of generally applicable Polish law shall apply, in particular the Civil Code, the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, of 2021, item 2105), the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823) and other relevant provisions of generally applicable law.
5. The proprietary copyrights to the content on the Website belong to the Seller. Product photos, company names and their logos presented on the Store's websites have been used to present Goods to which copyrights belong to third parties, they cannot be copied and used without the consent of the owner. Copyrights are protected in accordance with the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231, of 2020, item 288). 6. These GTC are effective from 01.02.2024.