Online store regulations
§ 1 Preliminary provisions
1. The Vantis Terra online store, available at www.vantisterra.pl, is run by Mariusz Olko, running a business under the name Mariusz Olko Vantis Terra, entered into the Central Registration and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 5130259348, REGON 382749510
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
§ 2 Definitions
1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his business or professional activity.
2. Seller - a natural person running a business under the name Vantis Terra, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 5130259348, REGON 382749510
3. Customer - any entity making purchases via the Store.
4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activities on its own behalf, and using the Store.
5. Store - online store run by the Seller at the Internet address www.vantisterra.pl
6. Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), 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.
7. Regulations - these regulations of the Store.
8. Order - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
9. Account - the customer's account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.
10. Registration form - a form available in the Store, enabling the creation of an Account.
11. Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product - means an animal, plants and movable property that is the subject of a sales contract concluded between the Buyer and the Sellers
14. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means - depending on the features of the Product - a contract for the provision of services and a contract for specific work.
15. Headquarters – ul. Krakowskie Przedmieście 402, 32-087 Trojanowice
16. Cookies - electronic data collected by a web browser in the memory of the device used by the Customer
§ 3Contact with the Store
1. Seller's address: ul. Krakowskie Przedmieście 402, 32-087 Trojanowice
2. Seller's e-mail address: vants.terra@gmail.com
3. Seller's telephone number: 782200239
4. Seller's bank account number: 31 1140 2004 0000 3202 7853 7050
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer can communicate with the Seller by phone between 10:00 a.m. and 6:00 p.m.
7. Stationary store: ul. Mazowiecka 88/2u 30-023 Kraków
§ 4 Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, you need:
a. end device with access to the Internet and a web browser
b. active e-mail account,
c. cookies enabled,
d. FlashPlayer installed.
§ 5 General information
1. The scope of activity of the www.vantisterra.pl Store is retail trade in products, including animals, pet supplies, terrariums, and plants, using means of distance communication.
2. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
3. Browsing the Store's assortment does not require creating an Account. The Customer may place orders for Products included in the Store's assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
4. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
§ 6 Creating an Account in the Store
1. To create an Account in the Store, complete the Registration Form. It is necessary to provide personal data.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password established in the Registration Form.
4. The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 7 Rules for placing an Order
To place an Order you must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if you have chosen to place an Order without registration - complete the Order Form by entering the details 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 invoice details if different from the details of the recipient of the Order,
5. click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail,
6. 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
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Postal shipment,
b. Courier delivery,
c. Personal collection available at: ul. Mazowiecka 88/2u 30-023 Kraków
2. The customer can use the following payment methods:
a. Payment by transfer to the Seller's account
b. Electronic payments
c. Payment by payment card
d. Cash payment upon personal collection at the Seller's office
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9 Performance of the sales contract
1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
a. payment by transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 4 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
b. payment in cash upon personal collection of the shipment, the Customer is obliged to make the payment upon receipt of the shipment within the deadline agreed between the Customer and the Seller.
4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to section 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. In the event of ordering Products with different delivery dates, the delivery date is the longest given date.
BIf you order Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after completing the entire order.
6. The beginning of the delivery period of the Product to the Customer is counted as follows:
a. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
6. If the Customer chooses personal collection of the Product, The product will be ready for collection by the Customer on the date agreed with the Seller. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
7. In the case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest given date.
8. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
a. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b. If the Customer chooses cash upon personal collection - from the date of conclusion of the Sales Agreement.
9. Delivery of the Product takes place only within Poland.
10. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the "Delivery costs" website of the Online Store and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
11. Personal collection of the Product by the Customer is free of charge.
§ 10 Right to withdraw from the contract
1. A Customer who is a Consumer who has concluded a distance sales agreement may withdraw from the Sales Agreement without giving any reason within 14 days.
2. The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 runs from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
5. 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. The declaration may also be submitted on the form, the template of which is Annex No. 1 to these Regulations and the Annex to the Act of May 30, 2014 on Consumer Rights, but this is not obligatory.
6. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
7. Effects of withdrawal from the Agreement:
a. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer's choice. delivery method other than the cheapest standard delivery method offered by the Seller.
c. The Seller will 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 involve any costs for him.
d. The Seller may withhold the refund until he receives the Product back or until he receives proof of its return, depending on which event occurs first.
e. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
g. The Consumer is only responsible for the reduction in the value of the Product resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the Product.
8. If, due to the nature of the Product, it cannot be returned by regular mail, information about this and the costs of returning the Product will be included in the Product description in the Store.
9. The Consumer is not entitled to withdraw from a distance contract in relation to the Contract:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs,
b. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement,
e. 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 deadline to withdraw from the Agreement,
f. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
g. for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision
10.The right to withdraw does not apply to live animals. The consumer has the right to withdraw from the contract when purchasing live animals without incurring costs until the status of his order is changed to processed. After this point, the consumer has the right to file a complaint if the animal received does not match the description.
§ 11 Complaint and warranty
1. The Sales Agreement covers new and used Products. The condition of each used Product is described in detail on the Store's website.
2. The Seller is obliged to provide the Customer with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations.
5. It is recommended that the complaint include, among others: a concise description of the defect, the circumstances (including the date) of its occurrence, details of the Customer filing the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request is justified.
7. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
8. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store.
9. Regarding animal complaints, the Customer has an absolute obligation to take care of the purchased animal, at least by feeding him.
§ 12 Extrajudicial methods of dealing with complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_zdrowie.php and
http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
a. The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). .
§ 13 Privacy Policy
1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents - also for marketing purposes.
3. The recipients of personal data of Online Store Customers may be:
a. In the case of a Customer who uses the delivery method by post or courier in the Online Store, the Administrator makes the Customer's collected personal data available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
b. In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer's collected personal data to the selected entity handling the above payments in the Online Store.
4. The customer has the right to access his/her personal data, correct it and request its deletion.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
6.The Administrator uses cookies only to adapt the website www.vantisterra.pl to the Customer's needs.
7. The customer has the option of disabling the cookie storage option in the web browser. Disabling the option of storing cookies results in the loss of functionality of the online store, and in particular makes it impossible to place an order using the online form available on the website www.vantisterra.pl and to register (create an account in the Store).
8. Customers' personal data are protected in accordance with the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018.1000)
§ 14 Final provisions
1. Agreements concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
4. The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/