Terms of Service

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Rules

AND GENERAL PROVISIONS

1.1. The online shop Vivisocial operating at the address https://vivisocial.com  (hereinafter referred  to as the Store) is run by: FOUNDATION FOR ENTREPRENEURSHIP DEVELOPMENT "YOUR STARTUP" with its registered office in Warsaw (address of the registered office: Żurawia 6/12, lok. 766, 00-503 Warszawa, entered in the Register of Entrepreneurs of the National Court Register by the District Court for m.st. Warsaw, XII Commercial Division of the KRS on 0000442857; TAX ID: 5213641211; REGON: 146433467, hereinafter referred to as the Foundation.

The warehouse, dispatch of goods and the acceptance of returns and complaints is carried out by the Organized Part of the Foundation's Enterprise called Bonanza

1.2. These Terms and Conditions set out the rules for the use of the Store, the conditions for placing orders for products available in the Store, the time and rules for fulfilling orders, the terms and methods of payment, the Customer's permission to cancel the order and withdraw from the contract, and rules for submitting and handling complaints.

1.3. The store sells retail through a website using distance communication. In order to use the Store, it is necessary to reach the age of 18 and:

·         have internet access;

·         having an email address;

·         install the latest version of the web browser;

·         javascript enabled;

·         installing the Flash Player plug-in;

·         acceptance of cookies.

1.4. The Customer is entitled and obliged to use the Store in accordance with his intended purpose and the principles of social coexistence and good customs.

1.5. The Customer is obliged to refrain from any activity which could affect the proper functioning of the Store, including in particular from any interference with the contents of the Store or its technical components, and from provision of unlawful content. It is forbidden to use for purposes other than its purpose, including in particular the distribution of spam, the conduct on the Website of the Store of any commercial, advertising, promotional, political activities, etc.

1.6. The shop is not responsible for interference, including interruptions, in operation due to force majeure, unlawful operation of third parties or incompatibility of the Store with infrastructure technical support of the Customer.

1.7. Viewing the Store's assortment does not require registration and self-placing orders by the Customer for products located in the Store's assortment does not require registration.

1.8. The Buyer, at the latest at the time of placing the order, is obliged to familiarize himself with the Terms and Conditions and by placing the order confirms that he has read it.

II CONDITIONS AND TIME OF EXECUTION OF THE ORDER

2.1. Any advertisement, advertisements, price lists and other information posted on the Website of the Store shall not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to conclude a contract (Article 71 of the Act of 17 February 2016. Civil Code (OJ 2016, item 380z late)

2.2. The Customer shall place the order, indicating the products he is interested in by choosing the "To cart" command on the Product Page, and then indicating in the Cart how to receive and pay and confirm the order.

2.3. In the Cart, the Customer has the option to:

·         add and remove products and their quantities;

·         indication of the address to which the subject-matter of the order to be delivered and the data necessary for issuing the invoice;

·         selection of ways of delivery (InPost parcels, courier, Post Office Poland);

·         choose how to pay (online transfer, Visa Payment, Visa Electron, MasterCard MasterCard Electronic, Maestro,downloaded shipment);

·         the discount code.

2.4. In the event of a reasonable suspicion that the Customer has provided the data, the Store has the right to withdraw from the performance of the order by notifying the Customer thereof.

2.5. Shipping of the purchased goods shall be carried out within 2 business days, the period is calculated from the date of placing the order (if the payment method is selected on delivery) or from the moment of confirmation of payment in the Store account.

2.6 The purchased goods are shipped in envelopes or cartons that do not have any indications that may suggest the contents of the consignment and are transmitted by a neutral sender whose name is not related to the industry.

2.7. Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be considered only on the next working day.

2.8. The Store reserves the possibility to temporarily suspend its activities for maintenance, development and modernisation work.

2.9. If the Customer chooses a payment method in the form of intermediaries in the transaction (PayU service), failure to pay within 5 days of placing the order will cancel the order. In this case, the Customer can re-place the order. The execution of a paid order by bank transfer or credit card begins upon receipt of the goods.

2.10. In the event that the execution of part of the order is not possible, the Store may offer the Customer:

2.10.1. cancellation of the entire order (if the Customer chooses this option, the Store will be exempt from the obligation to fulfill the order);

2.10.2. cancellation of the order in the part in which the execution is not possible within the prescribed period (if the Customer chooses this option, the order will be executed in part, with the Store being exemptfrom its obligation to implement it in the remaining to the extent). 2.10.3. the implementation of the replacement benefit, which will be confirmed with the Customer. The order on the basis of a replacement benefit, after approval by the Customer will be treated as final; 2.10.4. division of the contract and appointment of a new execution date for that part of the contract, the execution of which is not possible within the original lyprescribed period (if the Customer chooses this option to send the applicant on request products will be made in several separate shipments, and the Customer will bear additional costs related to the division of the order into several shipments).

2.11. In the absence of a ordered product in the Store or the inability to fulfill the Customer's order for other reasons, the Store will inform the Customer by sending the information to the e-mail address provided during registration within 7 (seven) days, counting from the date of conclusion of the contract.

2.12. If payment for the subject-matter of an order which could not be completed in whole or in part has been made in advance, the Store shall refund the Customer the amount paid (or difference) within 14 (fourteen) days from the date of sending the information, in detail section IV of these Terms and Conditions.

2.14. If the Customer provides incorrect or inaccurate data, including in particular a incorrect or inaccurate address, the Store is not responsible for failure to provide or delay in the delivery of the subject of the contract to the fullest permitted by law.

2.15. The Store may include on the Website of the Store presenting the product concerned information about the number of working days, i.e. the number of working days. days of the week from Monday to Friday, excluding public holidays, during which the shipment will take place with the subject of the order. The information shall be an indicative time from the moment of acceptance of the order until the order is sent to the Customer, in the manner chosen by him. The duration of the order shall be given taking into account the date of completion of all the products ordered.

2.16. Individual orders (on request) can be placed by email address of the Store or by phone. The store will make an indicative valuation and, after initial acceptance, perform and send 3 graphic projects to the customer's e-mail address. The first 3 graphic projects the Store will perform free of charge, and each further 3 projects will cost 20 zł.

2.17. The time of execution of the individual contract (on request) is 7 days, and in the case of hard-to-reach materials can be extended until necessary for the proper execution of the order.

2.18. The store serves Customers in Europe.

 

III PRODUCT PRICES AND SHIPPING COSTS

3.1. Prices placed on the product offered by the Store include VAT and are quoted in Polish currency.

3.2. The price given to the product does not contain information about the cost of the shipment.

3.3. The Store reserves the right to change the prices of goods located in the Store, to put new goods on sale, carry out and revoke promotional shares, or make changes therein in accordance with the standards of the Civil Code and other laws, whereas such amendments do not affect the rights of persons who have concluded contracts for the sale of goods offered by the Store prior to the submission of the foreword. changes or rights of persons entitled to use the promotion in accordance with its policies and during its duration.

3.4. Shipping costs are added to the sum of the products ordered and borne by the Customer.

3.5. If the Customer chooses the delivery option by the shipment of "InPost Parcels", the delivery of goods under this service will be carried out by InPost Sp. z o.o. after customer accepts the "Parcels 24/7" rules prepared and delivered by the service provider "InPost Parcels", i.e. InPost Sp. z o.o.. The Store will allow the Customer to familiarize themselves with the terms of service or "Parcelomata 24/7" in the process of approving the customer's choice of delivery of goods.

3.6. When receiving the shipment delivered by the courier, it is recommended that the Customer check the condition of the outer shipment packaging in his presence. In the event of damage to the package of the shipment, the Customer is recommended that the Customer, together with the courier, draw up a damage protocol in two one-sounding copies signed by the customer and courier. Failure to follow the recommendations does not affect the ability to file a complaint with the Store.

3.7. When receiving a shipment from the Package, the Customer should check the status of the package and, if any reservations, select on the Paczkomat u screen the option to dot. complaints and follow the instructions displayed. Failure to follow the recommendations does not affect the ability to file a complaint with the Store.

IV ACCEPTABLE PAYMENT METHODS

4.1.Payment for the goods to be delivered can be made:

4.1.1. in person, cash, at the time of delivery of the order on delivery or at the time of receipt of the goods in the InPost package; 4.1.2. online using the PayU Store; 4.1.2. by bank transfer to the store account.

4.2. The refund shall be made in the same form as the customer's payment, unless the Customer has expressly agreed to a different way of return, which does not entail any costs for him.

V COMPLAINTS AND RETURN OF GOODS

5.1 The Customer has the right to withdraw from the contract without giving a reason and incurring costs. The contract from which it was waived shall be deemed to be not concluded.

5.2 In the event of a waiver, the Customer shall make a written declaration of withdrawal from the contract and send it to the Store within 14 days of the date of service of the goods to him, and if the goods are delivered in part, from service of the last part. To keep the deadline, it is sufficient to send a statement before it expires to the Store address or scan the signed statement to the email address of the kontakt@smogorzewski.com store

5.3. In the case referred to in paragraph 1, the following shall be accompanied by a regulation of the 1. The Customer is obliged to return the purchased goods immediately, no later than 14 days from the date of withdrawal. It is sufficient to send the goods before the deadline expires. The costs of returning the goods are borne by the Customer.

5.4. In the case referred to in paragraph 1, the following shall be accompanied by a regulation of the 2. The Store is obliged to provide the Customer with the amount paid for the goods covered by the refund and the costs of dispatch paid, within a period of not more than 14 days from the date of the declaration of the will to withdraw. However, if the Customer has chosen how to deliver the order goods other than the cheapest way offered by the Store for a given order, the Store is not obliged to reimburse the Customer for the additional costs incurred by him.

5.5 The Store will refund the payment using the same way the Customer has used, unless the Customer agrees with the Store another way of returning, which does not entail any costs for him. The store shall refrain from returning payments received from the Customer until Kleint receives proof of its return, whatever happens in advance. The store will also correct the purchase evidence previously provided to the Customer (VAT credit note or a corrective specification).

5.6 If the Customer has sent a declaration of withdrawal before receiving the order's order confirmation, the order is cancelled.

5.7. The Customer shall be liable for reducing the value of the goods resulting from the use of it in a manner beyond the necessary to determine the nature, characteristics and characteristics of the goods.

5.8. The above provisions shall not apply to individual orders (on request) described in §  2 paragraph 16, and to the products indicated in Annex 1 to this Regulation (list of products not refundable) which under Article 38 of the Consumer Rights Act are not refundable - The right of withdrawal from the contract concluded outside the premises of the company or at a distance is not granted to the consumer in respect of contracts:

a)      o the provision of services if the trader has fully performed the service with the express consent of the consumer who was informed before the start of the provision that, once the benefit has been fulfilled by theassignee, he will losethe right to deduct money from thecontract;

b)     in which the subject-matter is unprefabricated, manufactured according to the consumer's specifications or to meet its individualised needs,

c)      in which the subject-matter of the benefit is delivered in a sealed package which cannot be reimbursed for health reasons or for hygienic reasons after opening the package, if the packaging has been opened after delivery;

d)     o the supply of digital content which is not recorded on the material medium if the performance of the benefit has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed him of the loss of the law Withdrawal.

5.9. The Customer has the right to a complaint in the event of non-compliance with the contract. The Customer makes a complaint in writing or by e-mail within 2 years of the date of delivery of the goods to him. The address for correspondence and the e-mail address is specified in § 1 para. Article 1 and § 5(1) 2. The complaint may contain one of the requests: lower the price, remedy the defect, exchange of goods free of defects or a declaration of withdrawal from the contract.

5.10. The Store may request that the complaint be completed by sending the address indicated in the request to complete the complaint, copy or scan of proof of purchase (e.g. VAT invoice or specification), the packaging of the consignment in which the goods advertised have arrived or the goods which is the subject of a complaint. The complaint will be processed within 14 days of its submission, if complete, or supplemented if required. The delivery to the Seller under the conditions set out in this paragraph shall take place at the expense of the Store.

5.11. If the complaint is considered justified, the Store shall immediately inform the Customer and make, depending on the request: a reduction in the price or send the Customer a full-fledged goods, and in the absence of such a possibility, it shall reimburse the Customer the amount due address or transfer to your account. The store shall issue an appropriate adjustment to the proof of purchase to the Customer (VAT credit note or a corrective specification).

5.12. The application of a specific way of extrajudicial settlement of the dispute is possible only with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court dispute resolution between the Customer and the Store are available on the website of the Competition and Consumer Protection Office: www.uokik.gov.pl, on the websites of the Provincial Inspectorates of Commercial Inspection and also in county (urban) consumer advocates.

5.13. To the extent not regulated in these Terms and Conditions, the provisions of the Civil Code shall apply in the case of defects in the goods, in particular the provisions on the warranty on sale.

VI PRIVACY POLICY

6.1 The purpose of the Foundation is to provide you with the opportunity to take advantage of all the functionalities of the Store with the slightest possible interference with the sphere of privacy of the User. If you use the services offered in the Store, you will be asked to provide specific personal data that will be processed by the Foundation in accordance with the policies described below.

6.2 The controller of the data provided in the framework of the provision of services under these Terms and Conditions is the Foundation for The Development of Entrepreneurship "Your StartUp" with its registered office in Warsaw (address of the registered office: żurawia 6/12, lok. 766, 00-503 Warszawa, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Warsaw, XII Commercial Division of the KRS under number 0000442857; TAX ID: 5213641211; REGON: 146433467,

6.3 The Foundation undertakes to protect the Personal Data of the Store User. The data entrusted will be processed in accordance with the Act on the Protection of Personal Data, the Law on the provision of services by electronic means and other applicable laws.

6.4 The provision of any personal data is voluntary, provided that the provision of the data required by the Foundation is necessary for the use of the full functionality of the store, including to submit an offer and conclude a sales contract. Under the conditions described below, the Foundation may process the personal data entrusted to it in connection with the activities preceding the conclusion of the contract and the activities related to the operation of the contract concluded, in particular has the right to conduct correspondence the performance of the contract. You have the right to view and correct your data at any time.

6.5 If the processing of personal data to which you need your consent is necessary to provide the service and you have refused to give such consent or withdraw such consent, the User will be deprived of access to this service.

6.6 The Foundation reserves the right to terminate the Agreement concluded with you with immediate effect in the absence of the possibility of fulfilling the contract as a result of your request to stop processing his personal data .

6.7 The Foundation shall, in the event of the action referred to in paragraph 1, take the measures referred to in paragraph 1. 6.5. and 6.6 of these Terms and Conditions are not responsible for the consequences of your actions, in particular for the inability to provide the User with the service.

6.8 The Foundation will process personal data entrusted to you solely for the purpose for which it has been made available and undertakes to keep them confidential and not disclose to other entities unless this disclosure is carried out on the basis of your explicit authorization or under generally applicable law. This obligation also remains in force after the legal relationship between you and the Foundation has ceased.

 

VII PLIKI „COOKIES”

7.1. The Store does not automatically collect any information, except for the information contained in cookies.

7.2. Cookies (so-called "cookies") are INFORMATION, small information sent by the website and stored on the Client's end device (computer, laptop, smartphone) necessary for the correct the operation of the site or the functionalities that the Customer wishes to use. These files contain various information necessary for the proper functioning of the website, usually this is the name of the website, their personalization and login information.

7.3. The Store uses cookies to adapt the contents of the Store's websites to customer preferences and optimize the use of websites. They identify the Customer's device and view a website tailored to its individual preferences, as well as create statistics to help you understand how the Customer uses the Store and thus improve sstructure and thus improve the structure and store content.

7.4. The store shares stored cookies due to the time they are placed on the Customer's end device and distinguishes:

1. Temporary cookies – used only during the current session of the Client and deleted after its closure.

2. Persistent cookies – are not deleted after the close of the current session and are stored on the Customer's computer for a fixed period or without a period of validity depending on the individual settings of the website owner.

7.5. The Customer may delete cookies on his computer at any time. The Store informs that removing, disabling or restricting the proper functioning of the Store or its certain components.

7.6. The store also distinguishes cookies as follows:

1. Functional – enabling the proper use of the Store,

2. For security - enabling the safe use of the functionality of the Store,

3. Authentication – enabling the maintenance of the so-called customer logon session,

4. Advertising – to display personalized ads,

5. Configuration – allows you to configure store function and service settings.

7.7. Detailed information about the possibilities and modes of handling cookies are available in the software settings (web browser)

7.8. Cookies placed on the Customer's end device and can also be used by advertisers and partners cooperating with the Store operator.

 

VIII RECEIVABLES

8.1. The Store shall refund within 14 calendar days using the same payment methods as used by the Customer in the original transaction, in the event of:

8.1.1. cancellation of the order or part of the order (in this case, the corresponding part of the price) paid in advance before its execution is refunded; 8.1.2. return of the product (withdrawal) from the contract, which was delivered via The Polish Post office or courier company; 8.1.3. recognition of the complaint and the inability to repair the damaged product or replace the damaged product; 8.1.4. recognition of the right to request a reduction in the price of the product.

8.2. The Store will refund the money to the Customer's bank account (including those related to the Customer's credit or payment card) or postal service (the customer shall bear the transfer costs) – if the order has been paid:

8.2.1. by advance by means of a transfer or credit card; 8.2.2. when receiving from the courier, in the parcel or post office.

IX NEWSLETTER

9.1. The Customer may consent to the receipt of commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or via the website. If you agree, the Customer will receive a newsletter (Newsletter) to the Store's e-mail address.

9.2. The Customer may, at any time, cancel the Subscription of the Newsletter himself by submitting a request to the data controller or by clicking on the deactivating link in each newsletter message.

X FINAL PROVISIONS

10.1. The owner shall inform and the Customer acknowledges that the use of the Internet may involve the risk of damage that the Customer may suffer as a result of threats on the Internet, in particular the intrusion into the customer's acquisition of passwords by third parties, infection of the Customer's IT system with viruses.

10.2. To the fullest extent permitted by law, the Store is not responsible for blocking by administrators of postal servers from sending messages to the email address indicated by the Customer and for deleting and blocking the email by software installed on the computer used by the Client.

10.3. The differences between product visualization resulting from the individual settings of the Client's computer (color, proportions, etc.) and the actual appearance of the product may not be the basis of the complaint. The Customer, in such a case, has the right to withdraw from the contract in accordance with the provisions of point V of these Terms and Conditions.

10.4. The owner informs that any trademarks posted on the Store's websites (logos, logos, brand names, etc.), graphic materials, photos are subject to legal protection and are used by the Store solely for the purposes of Information.

10.5. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act.

10.6. The owner points out that the Store contains content protected by intellectual property law, in particular copyrighted works (content in the Store, graphics, graphics, photos, etc.). Customers and visitors to the Store undertake to respect intellectual property rights (including copyright and industrial property rights such as trademark registration rights) owner and third parties. The Customer of the Store or the person visiting the Store's website is solely responsible for non-compliance with this section.

10.7. Customers may not post content that is incompatible with applicable law, immoral and infringing the welfare of third parties, and shall be prohibited from publishing links to pornographic, obscene or infringing material others.

10.8. The Store undertakes to inform registered users of the Store of any change of terms and conditions by sending them an email to the email addresses provided during registration, and the Customer will be able to obtain such information at any time delete your account.

10.9. In matters not regulated by the Regulations, the applicable provisions of Polish law, including in particular the Civil Code, the Law on specific conditions of consumer sales and the amendment of the Civil Code, as well as the Law on the Protection of certain rights of consumers and the liability for damage caused by the dangerous product.

10.10. These Terms and Conditions are valid from 12.10.2016.

 

Communication on out-of-court dispute resolution

 

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, on the online consumer dispute settlement system and the amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation in consumer disputes), the Foundation for Entrepreneurship Development "Your Startup" based in Warsaw hereby makes electronic connection available to the online odr platform (online dispute resolution): https://webgate.ec.europa.eu/odr . The ODR platform allows for out-of-court settlement of disputes between traders and consumers. The settlement of disputes by this method is voluntary.

MODEL WITHDRAWAL FORM

(this form must be completed and returned only if you wish to withdraw from the contract)

 

………………………………………………

(Name of the person submitting the letter)

………………………………………………

 ………………………………………………

(address of the person submitting the letter)

 

 

                                                                            Foundation for Entrepreneurship Development

                                                                            “Twój StartUp”                          

                                                                            Ul. Żurawia 6/12 lok. 766

                                                                            00-503 Warsaw, Poland

 

Withdrawal

 

I, the undersigned/on this withdrawal from the following agreement:

1.      Date of conclusion of the contract....................................................................................

2.      Subject matter of the contract......

Last updated on: 21 April, 2020