TERMS AND CONDITIONS
- 1 Definitions
- Postal address – full name or name of institution, address details (in the case of a place with street division: street, building number, number of flat or premises; in the case of an indivisible place: name of the place and property number), postal code, place.
- Delivery Price List – shipping prices are generated automatically by the system once products have been added to the cart and the delivery address entered. Shipping price depends on the country of destination and the size of the parcel.
- Contact details:
E-KIEP Marek Kamiński
Phone no. +48 792 910 326
- Delivery – a type of shipping service with identification of the carrier and the cost generated by the system.
- Proof of purchase – invoice, bill or receipt issued pursuant to to the provisions of Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
- Product Data Sheet – a single subpage of a Shop containing information about a single product.
- Customer – an adult individual having full legal capacity, a legal person or an organisational unit not having legal personality but having legal capacity, making a purchase directly related to their business or professional activity from the Seller.
- Consumer – an adult individual having full legal capacity, making a purchase not related directly to its business or professional activity from the Seller.
- Cart – a list of products consisting of the goods on offer in the shop prepared based on the Buyer‘s choice.
- Buyer – both the Consumer and the Customer.
- Place of delivery – a postal address indicated in the Order by the Buyer.
- Moment of delivery – the moment when the Buyer or a third party indicated by the Buyer takes possession of the item.
- Payment – method of payment for the Subject of the contract and Delivery.
- Consumer law – Act on consumer rights of 30 May 2014.
- Product – a minimum and indivisible number of items that can be the subject of an order, specified in the shop of the Seller as a unit of measurement when determining its price (price/unit).
- Subject of the contract – products and deliveries subject to the Contract.
- Subject of service – the Subject of the contract.
- Item – movable property that can be or is the subject of the Contract.
- Shop – an online service available at dotvape.store, through which the Buyer can place an Order.
E-KIEP Marek Kamiński
NIP: PL712-327-66-48, REGON: 061519476
registered and appears in CEIDG
BANK ACCOUNT (IBAN) ALIOR BANK: PL19 2490 0005 0000 4000 5602 8257
BIC CODE: ALBPPLPW.
- System – a set of cooperating IT devices and software enabling processing and storage, as well as sending and receiving data, through telecommunications networks by means of a device specific to a given type of network, commonly referred to as the Internet.
- Time of delivery – number of hours or working days.
- Contract – a contract concluded off-premises or remotely within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
- Defect – both a physical defect and a legal defect.
- Physical defect – non-conformity of the sold item with the contract, particularly when the item:
- does not have the properties it should have in the light of the purpose specified in the contract or arising from the circumstances or the purpose for which it was intended;
- does not have the properties the Consumer had been assured of by the Seller,
- is not suitable for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not object to such a purpose;
- has been delivered to the Consumer in an incomplete form;
- in the event of incorrect installation and commissioning, if such activities had been performed by the Seller or a third party under responsibility of the Seller, or by the Consumer who acted according to the instructions received from the Seller;
- does not have the properties claimed by the manufacturer or their representative or a person marketing the item in the course of their business, or a person presenting themselves as manufacturer by placing their name, trade mark or other distinctive mark on the goods sold, unless the Seller was unaware of or could not reasonably be expected to have been aware of such assurances or the assurances could not have influenced the Consumer’s decision to conclude the contract, or if their content had been rectified before the conclusion of the contract.
- Legal defect – a situation when the sold item is owned by a third party or is encumbered with the right of a third party, and also when the restriction in use or disposal of the item results from a decision or judgement of a competent authority.
- Order – a declaration of Buyer’s will made through the Shop, unequivocally specifying: type and quantity of Products; method of Delivery; type of Payment; Place of delivery of the goods; details of the Buyer aimed directly at conclusion of the agreement between the Buyer and the Seller.
- E-mail address of the Buyer – one of the personal details of the Buyer provided at the time of placing the Order, including e-mail address
- 2 General terms and conditions
- The Contract shall be concluded in English, pursuant to the provisions of law of the country of destination and these Terms and Conditions.
- The Seller is obliged and undertakes to provide services and goods free from defects.
- All prices quoted by the Seller are expressed in EUR and are gross prices (including VAT). Prices of Products do not include the cost of delivery, which is specified in the order system and the invoice or receipt.
- Point 3 in B2B relations refer to active VAT-taxable customers. If the buyer is not an active VAT payer, 23% VAT will be added to the final invoice.
- Confirmation, release, consolidation and security of all material contractual provisions in order to gain access to such information in the future shall take the form of:
- Order confirmation consisting in sending the following to the e-mail address of the Buyer: order, pre-invoice, information on the right to withdraw from the contract, pdf version hereof, pdf version of withdrawal template form, links to download the terms and conditions and the template form of withdrawal from the contract;
- the following printouts attached to the completed order, sent to the indicated place of delivery: Proof of purchase, information on the right to withdraw from the contract, these terms and conditions, template form of withdrawal from the contract.
- The Seller shall provide information about any known guarantees granted by third parties for the Products available in the shop.
- The Seller shall not charge any fees for communication by means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the contract concluded with a third party rendering to the Buyer a specific service enabling distance communication.
- The Buyer shall:
- not deliver or transmit content that is prohibited by law, e.g. content that promotes violence, defames or infringes the personal rights and other rights of third parties,
- not use the shop in a manner interfering with its operation, in particular by using specific software or devices,
- not take any action such as: sending or placing unsolicited commercial information (spam) in the shop,
- not use the shop in a manner that is burdensome for other Buyers and the Seller,
- utilize any content posted within the shop for personal use only,
- use the shop in a manner consistent with the provisions of law applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions, as well as with the general principles of etiquette.
- In the event of any actions violating the provisions of law, in particular those described in point a.a.-a.c., the Seller shall be obliged to notify the competent state authorities, in addition to the exercise of other rights the Seller is entitled to due to such infringement.
- 3 Conclusion and implementation of the contract
- Orders can be placed 24/7.
- In order to place an Order, the Buyer should perform at least the following activities, some of which may be repeated multiple times:
- Add a product to the cart;
- Select type of delivery;
- Select type of payment;
- Select place of delivery by providing full contact details;
- Place the order in the shop using the “ORDER” button
- The contract with the Consumer shall be deemed as concluded the moment the Order is placed.
- Execution of the Consumer’s order paid by bank transfer or via the electronic payment system following crediting the Consumer’s payment in the Seller’s account, which should be made within 7 days of placing the Order, unless the Consumer is unable to perform the service through no fault of his own and informed the Seller
- The Contract with the Customer shall be concluded the moment the Order is accepted by the Seller, of which he informs the Customer to the e-mail address of the Buyer within 48 hours of placing the order.
- Customer’s order payable by bank transfer or via the electronic payment system is executed upon conclusion of the contract and crediting Customer’s payment to the Seller’s
- Subject of the contract shall be sent within 3 working days, except for special orders in case of which the time of delivery is agreed individually. The period begins to run when the order is completed.
- The purchased subject of the contract is sent by the type of delivery chosen by the Buyer to the place of delivery of the goods specified by the Buyer in the order.
- 4 Right of withdrawal
- Pursuant to Article 27 of the Consumer Law, a Consumer has the right to withdraw from a distance contract without specifying any reason or incurring any costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
- The period of withdrawal from the distance contract is 14 days from the moment of delivering the goods, and for the observance of the period it is sufficient to send a statement before its expiry.
- The Seller shall immediately confirm receipt of the statement of withdrawal from the contract to the Consumer to an e-mail address (specified at the time of concluding the contract, or other, if specified in the submitted statement).
- In the event of cancellation, the contract shall be deemed not concluded.
- The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which they withdrew from the contract. In order to meet the deadline, it is sufficient to return the goods before the deadline expires.
- The Consumer shall return the goods which are the subject of the contract he or she has withdrawn from at their own expense.
- The Consumer shall be liable for any decrease in value of the goods constituting subject of the contract resulting from their use beyond as necessary to establish the nature, features and operation of the goods.
- The Seller shall immediately, not later than within 14 days from the date of receipt of the statement of withdrawal made by the Consumer, reimburse the Consumer for all payments made by the Consumer, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse the Consumer for any additional costs pursuant to Article 33 of the Consumer Law.
- The Seller shall reimburse the price paid using the same method of payment as the Consumer, unless the Consumer has expressly agreed to another method of payment which does not entail any cost on the Consumer.
- The Seller may withhold return of the payment received from the Consumer until receiving the goods returned or until the Consumer has provided proof of having them sent back, whichever is the earlier.
- Pursuant to Art. 38 of the Consumer Law, the Consumer is not entitled to withdraw from the contract:
- if the price or remuneration depends on fluctuations in the financial market which the Seller does not exercise control over and which may occur before the end of the period for withdrawal from the contract;
- when the subject of service is an unprocessed item, manufactured according to the consumer’s specifications or intended to satisfy their individual needs;
- where the subject of service is an item prone to deteriorate rapidly or having a short expiry date;
- where the subject of service is an item delivered in sealed packaging which, when opened, cannot be returned for health or hygiene reasons if opened upon delivery;
- where subject of service are the goods which, upon delivery, by their nature are inseparably connected with other goods
- where subject of service are sound or visual recordings or computer programs to be delivered in sealed packaging if the packaging has been opened upon delivery;
- on the supply of digital content which is not recorded on a tangible medium, shall rendering the service began with the explicit consent of the Consumer before the expiry of the period for withdrawal and after the entrepreneur has informed the Consumer of the loss of the right of withdrawal;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
- 5 Warranty
- Pursuant to Article 558 §1 of the Civil Code, the Seller completely excludes liability towards the Clients for physical and legal defects (warranty).
- The Seller shall be liable for defects (warranty) towards the Consumer pursuant to the principles specified in Article 556 et seq. of the Civil Code for defects (warranty).
- In case of a contract with the Consumer, if a physical defect has been discovered within one year from the moment of delivery of the item, it shall be deemed as existing at the moment of transferring the hazard to the Consumer.
- If the item sold has a defect, the Consumer may:
- make a statement requesting a reduction in the price;
- make a declaration of withdrawal;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free item or removes the defect. However, if the item has already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the item with the one free from defects or to remove the defect, the Consumer shall not be entitled to have the item replaced or the defect removed.
- The Consumer may, instead of the defect rectification proposed by the Seller, demand that the item be replaced with a defect-free one or that the defect be rectified instead, unless it is impossible to bring the item into conformity with the contract in the manner chosen by the Consumer or it would require excessive costs compared to the manner proposed by the Seller, while assessing the excessive costs, taking into account the value of the defect-free item, the type and significance of the defect found and taking into account the inconveniences the Consumer would be exposed to.
- The Consumer may not withdraw from the contract if the defect is negligible.
- If the item sold has a defect, the Consumer may also:
- request the replacement of the item with the one free from defects;
- require rectification of the defect.
- The Seller shall be obliged to replace the defective item with one free from defects or to remove the defect within a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity in the manner chosen by the Buyer or if it would require excessive costs in comparison with the other possible means of bringing it into conformity with the contract.
- The Consumer exercising the rights under the warranty is obliged to deliver the defective item to the complaint address at the Seller’s expense, and if due to the nature of the item or manner of its installation it would be excessively difficult for the Consumer to deliver the item the Consumer is obliged to make it available to the Seller at the location of the item. In the event of failure to perform the obligation by the Seller, the Consumer is entitled to send the goods back at the expense and risk of the Seller.
- The costs of replacement or repair of the goods in the event of the existence of a defect which is eligible from the point of view of warranty shall be borne by the Seller.
- The Seller shall be obliged to accept the defective item from the Consumer in the event of replacement of the item with the item free from defects or in the case of withdrawal from the contract.
- Within fourteen days, the Seller shall respond to the following statements based on Article 5615 of the Civil Code: a statement on the demand to reduce the price, a demand to replace the item with one free from defects, a demand to remove the defect. Within thirty days (Article 7a of the Consumer Law) the Seller shall respond to any other statement of the Consumer, which is not covered by the period of fourteen days specified in the Civil Code.
Otherwise, the Seller shall be deemed to have accepted the Consumer’s statement or request as valid.
- The Seller shall be liable under the warranty if a physical defect is discovered within two years from the moment of delivery of the goods to the Consumer, and if the object of sale is an object used before the lapse of one year from the moment of delivery of the goods to the Consumer.
- Consumer’s claim to remedy the defect or to replace the sold item with an item free from defects shall expire one year from the date of discovery of the defect, however no earlier than two years from the moment of delivery of the item to the Consumer, and if the object of sale is an object used before the lapse of one year from the moment of delivery of the item to the Consumer.
- In the event that the expiry date of the item specified by the Seller or the manufacturer lapses two years from the date of delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item detected before the expiry of that period.
- Within the time frame specified in 5 points 14-16, the Consumer may submit a statement on withdrawal from the contract or reduction of the price due to a physical defect of the sold item, and if the Consumer demanded replacement of the item with one free from defects or removal of the defect, the time limit for submission of a statement on withdrawal from the contract or reduction of the price shall start to run from the ineffective lapse of the time limit for replacement of the item or removal of the defect.
- If one of the rights under the warranty is asserted before a court of law or an arbitration tribunal, the time limit for the exercise of other rights vested in the Consumer on this account shall be suspended until the proceedings are concluded in a final and binding manner. Accordingly, it also applies to mediation proceedings, whereby the time limit for exercising other warranty rights vested in the Consumer starts to run from the date of the court’s refusal to approve the settlement concluded before the mediator or ineffective termination of mediation.
- To exercise the rights under the warranty for legal defects of the sold item 5 points 14-15 shall apply, whereby the period shall run from the day on which the Consumer became aware of the existence of the defect, and if the Consumer became aware of the defect only as a result of a legal action brought by a third party – from the day on which the decision issued in the dispute with the third party became final.
- If, due to a defect of the item, the Consumer has submitted a declaration of withdrawal from the contract or reduction of the price, he or she may demand compensation for the damage suffered as a result of the fact that the Consumer concluded the contract without being aware of the existence of the defect, even if the damage is a consequence of circumstances for which the Seller is not responsible, and, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive reimbursement from the third party, as well as the reimbursement of the costs of the court proceedings, without prejudice to the provisions on the obligation to pay compensation in accordance with the general rules.
- The expiry of any period until detection of the defect shall not exclude the exercise of warranty rights, if the Seller has maliciously concealed the defect.
- Shall the Seller be obliged to provide service or financial services to the Consumer, the Seller shall provide the services without undue delay, not later than within the time limit provided for by law.
- The Seller is the administrator of the personal data bases provided by the Consumers.
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. The Buyer, disclosing personal data to the Seller at at the time of placing the order, expresses a separate consent to their processing by the Seller in order to complete the placed order. The Buyer has the right to inspect, correct, update and delete his personal data at any time.
- 7 Final provisions
- None of these regulations is intended to violate the rights of the Buyer. Neither may they be interpreted this way, as in the case of non-compliance of any part of the regulations with the binding law, the Seller declares absolute compliance with and application of this law in place of the disputed provision of the Terms and Conditions.
- The current version of the Terms and Conditions is always available to the Buyer under the Terms and Conditions (pl/regulamin) tab. During completion of the order and throughout the whole period of after-sales care of the Buyer, the Terms and Conditions accepted by Buyer when placing the order remain in force, except when the Consumer considers it less favourable than the current one and informs the Seller of choosing the current one as applicable.
- In matters not provided for herein, the relevant provisions of law shall apply.