TERMS AND CONDITIONS OF SALE AND PROVISION OF ELECTRONIC SERVICES
§ 1. General Information
These Terms and Conditions define the general terms, conditions, and methods of selling Products by VSB.STORE Spółka z ograniczoną odpowiedzialnością, with its registered office in Kraków, at ul. Józefa Ignacego Kraszewskiego 36, unit 128, 30-110 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number: 0000983007, REGON: 522616547, NIP: 6772481439, via the online store https://vsb-store.pl/.
These Terms and Conditions constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services. The document outlines the types, scope, and conditions for the provision of electronic services by the Seller, related to the Buyer's use of the online store functionalities.
The terms used in these Terms and Conditions shall mean:
Civil Code – the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended);
Consumer – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity and who is not simultaneously a Business Consumer;
Buyer – a natural person with full legal capacity, and in cases provided by universally binding law, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, granted legal capacity by law, who has entered into or intends to enter into a Sales Agreement with the Seller. A Buyer may, in particular, be a Consumer, an Entrepreneur, or a Business Consumer;
Cart – a feature of the online store that displays the Products selected by the Buyer and allows the Buyer to determine and modify the Order data, in particular the quantity of products, delivery address, invoice data, delivery method, and payment method;
Entrepreneur – a Buyer who is not simultaneously a Consumer or Business Consumer;
Business Consumer – a natural person conducting business activity, including a partner in a civil partnership, who enters into a Sales Agreement with the Seller directly related to their business activity, but the nature of the agreement is not professional for that person, particularly resulting from the subject of their business activity. The statutory definition of a Business Consumer is provided in Article 38a of the Consumer Rights Act;
Terms and Conditions – this document;
Online Store – an online service operated by the Seller and available at https://vsb-store.pl/, through which the Buyer may purchase Products from the Seller by placing an Order. The Online Store also provides the electronic services described in these Terms and Conditions;
Seller –
VSB.STORE Spółka z ograniczoną odpowiedzialnością,
with its registered office in Kraków,
ul. Józefa Ignacego Kraszewskiego 36, unit 128, 30-110 Kraków,
entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number: 0000983007, REGON: 522616547, NIP: 6772481439,
phone: +48 728 832 449,
e-mail: vsb.store.pl@gmail.com.
The Seller is also the entity providing electronic services within the meaning of the Act on the Provision of Electronic Services.
Product – a movable item offered by the Seller, which is the subject of the Sales Agreement between the Buyer and the Seller. All Products are presented on the website https://vsb-store.pl/;
Customer Account – a service of the Online Store, a set of resources in the Seller’s IT system, marked with an individual name (login) and password provided by the Buyer, where data provided by the Buyer and information about their Orders placed in the Online Store are stored;
Registration Form – a form available in the Online Store that allows the Buyer to create a Customer Account;
Order Form – a service of the Online Store, an interactive form that enables placing an Order, particularly by adding Products to the Cart and determining the terms of the Sales Agreement, including the method of delivery and payment;
GDPR Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Sales Agreement – an agreement for the sale of a Product concluded or being concluded remotely between the Buyer and the Seller.
Personal Data Protection Act – the Act of May 10, 2018, on the protection of personal data (Journal of Laws of 2018, item 1000).
Copyright Act – the Act of February 4, 1994, on copyright and related rights (consolidated text: Journal of Laws 2017, item 880).
Consumer Rights Act – the Act of May 30, 2014, on consumer rights, consolidated text of March 9, 2017 (Journal of Laws 2017, item 683).
Act on the Provision of Electronic Services – the Act of July 18, 2002, on the provision of electronic services (consolidated text: Journal of Laws 2013, item 1422, as amended).
Order – a declaration of will by the Buyer submitted electronically via the Order Form, directly aiming at concluding a Sales Agreement with the Seller, or an oral declaration submitted to the Seller by phone. Orders can be placed by phone at +48 728 832 449 from Monday to Friday between 9:00 and 17:00.
In the Order, the Buyer specifies, in particular, the type and quantity of Products covered by the Sales Agreement, as well as their unit prices and the total price (including taxes).
The Terms and Conditions are available on the website https://vsb-store.pl/. They are published in a manner that allows the Buyer to access, reproduce, and store them using the Seller’s ICT system.
The Terms and Conditions constitute an integral part of every Sales Agreement concluded between the Seller and the Buyer. Placing an Order is equivalent to the Buyer’s declaration that they have read the Terms and Conditions, understand and accept them fully, and agree to comply with them.
The Buyer is obliged to observe the provisions of the Terms and Conditions from the moment they begin using the services of the Online Store.
§ 2. Use of the Online Store
Using the Online Store is possible if the ICT system used by the Buyer meets the following minimum technical requirements:
access to the Internet,
a web browser installed,
possession of a current, active, and properly configured email account.
During the use of the website, cookies are installed in the Buyer's ICT system. Restricting the use of cookies may affect the availability of certain functionalities of the Online Store.
The Seller provides the Buyer with access to information about the function and purpose of software or data not being part of the content of the service, introduced by the Seller into the Buyer’s ICT system. This information is included in the "Privacy Policy" available at https://vsb-store.pl.
The Seller provides the Buyer with access to up-to-date information on specific risks related to the use of electronic services, as well as technical measures provided by the Seller to prevent unauthorized access to and modification of personal data transmitted electronically. These details constitute an annex to the Terms and Conditions.
The Buyer is in particular obliged to:
provide truthful, accurate, and up-to-date information that does not mislead and does not infringe the rights of third parties,
refrain from providing or transmitting content prohibited by law (e.g., content promoting violence, defamatory or violating the rights of third parties),
use the services provided by the Seller in a manner that does not interfere with the functioning of the Online Store, in particular by using specific software or devices,
refrain from actions aimed at acquiring confidential information owned by the Seller,
use the services in accordance with the laws applicable in the Republic of Poland, the provisions of these Terms and Conditions, and accepted customs,
use the services in a manner that is not burdensome for other Buyers or the Seller, respecting their personal rights (including the right to privacy) and other entitled rights,
use all content available on the Online Store solely for personal use.
If the Seller finds a violation of the obligations listed in §2 para. 4 above, they may deprive the Buyer of the right to use the Online Store, or limit access to part or all of its features, with immediate effect.
Using a Customer Account in the Online Store is possible after completing the following two steps:
Filling out the Registration Form, and
Clicking the "Register" button.
To create a Customer Account, the Buyer must provide the following data in the Registration Form: full name, email address, and password.
The Buyer may also provide other optional data, such as address information or invoicing details, although they are not required to create the account.
The electronic service of maintaining the Customer Account is provided by the Seller free of charge for an indefinite period.
The Buyer may delete their Customer Account at any time without stating a reason by sending a request to the Seller via email to: vsb.store.pl@gmail.com or in writing to the Seller’s address.
The Buyer's use of the Order Form begins when the Buyer adds the first Product to the Cart in the Online Store. Placing an Order requires the Buyer to complete four consecutive steps:
Filling in the Order Form,
Checking the checkbox next to the declaration: "I declare that I have read and accept the Terms and Conditions of Sale and Provision of Electronic Services",
Checking the checkbox next to the declaration: "I declare that I have been informed of the right to withdraw from the contract and have read the Privacy Policy",
Clicking the "Place Order" button on the Online Store website.
Until the "Place Order" button is clicked, the Buyer has the option to independently modify the information entered into the Order Form.
The following information is required in the Order Form to conclude the Sales Agreement:
full name or company name,
address (street, building/apartment number, postal code, city, country),
email address,
phone number,
sales-related information: Product(s), quantity, delivery method and destination, and payment method.
For Buyers who are not natural persons, it is also necessary to provide the company name and VAT ID number (NIP).
The Seller may terminate the agreement for the provision of electronic services with 14 days' notice by sending a termination statement to the email address provided by the Buyer when placing the Order.
This termination may occur for valid reasons, including:
using the Online Store by the Buyer in a manner that violates the law or the provisions of the Terms and Conditions,
using the Online Store in a way that infringes the rights of third parties or violates good practices,
sending or posting unsolicited commercial information (spam) within the Online Store.
The Buyer may terminate the agreement for the provision of electronic services at any time, without giving a reason and without incurring any costs, in particular by sending a termination statement via email to: vsb.store.pl@gmail.com or in writing to the Seller's address.
Termination or dissolution of the agreement for the provision of electronic services does not affect the rights acquired by the Buyer or Seller prior to such termination or dissolution.
The Seller is not liable for:
blocking of email messages sent by the Seller or deletion of such messages by the email server administrators used by the Buyer, or by the software installed on the Buyer's device,
transactions made via the Online Store by unauthorized third parties,
disruptions, including interruptions, in the functioning of the Online Store caused by force majeure, unlawful actions of third parties, or incompatibility with the Buyer's technical infrastructure,
damages resulting from the Buyer providing incorrect, false, or incomplete data when placing an Order, as well as damages arising from the Buyer's failure to comply with the provisions of the Terms and Conditions.
§ 3. Conclusion of the Sales Agreement
Announcements, advertisements, price lists, and other information about Products provided on the website https://vsb-store.pl or in other places where the Products are presented—particularly their descriptions, technical and usage parameters, and prices—constitute an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code.
Before concluding a Sales Agreement, the Seller ensures that the Buyer receives comprehensive information as referred to in Article 12(1) of the Consumer Rights Act, provided in a manner appropriate to the means of remote communication used. This information includes, in particular:
the main features of the service, taking into account the subject of the service and the method of communication with the Buyer;
accurate identification details of the Seller;
the Seller’s registered office address, email address, and telephone number;
the address where complaints may be submitted, if different from the Seller’s registered office address;
the total price of the Product including taxes;
the cost of using the means of remote communication to conclude the Sales Agreement, if higher than the standard charges for such means;
the method and timing of payment;
the method and timing of the Seller’s performance and the complaint procedure;
the method and timing for exercising the right of withdrawal from the Sales Agreement pursuant to Article 27 of the Consumer Rights Act, along with a model withdrawal form;
the cost of returning the goods in case of withdrawal from the Sales Agreement, which the Buyer bears, as well as the cost of return if the goods, due to their nature, cannot be returned by regular mail;
the absence of a right of withdrawal in cases defined in the Consumer Rights Act or circumstances in which the Buyer loses that right;
the Seller’s obligation to deliver goods free from defects;
the existence and terms of any warranty and after-sales services, as well as how they are provided;
the minimum duration of the Buyer’s obligations arising from the Sales Agreement;
the possibility of using out-of-court complaint and redress procedures and the rules for accessing such mechanisms.
To conclude a Sales Agreement, the Buyer must first place an Order. The act of placing an Order constitutes a declaration of the Buyer’s intent to enter into a Sales Agreement with the Seller and constitutes a purchase with an obligation to pay, as defined by the Consumer Rights Act. Orders can be placed via the Order Form available on the Online Store website https://vsb-store.pl or by phone.
To conclude a Sales Agreement via the Order Form, the Buyer must visit the website https://vsb-store.pl, select the desired Product, and follow the subsequent technical steps based on the instructions displayed. Products are selected for purchase by adding them to the Cart.
If the Buyer wishes to receive a VAT invoice, they must select the "I want to receive a VAT invoice" option while placing the Order via the Order Form and provide the necessary invoicing information.
To place an Order, the Buyer must read and accept the Terms and Conditions. By checking the box "I declare that I have read and accept the Terms and Conditions of Sale and Provision of Electronic Services," the Buyer confirms that they have read, understood, and accepted the Terms and Conditions.
Without such acceptance, it is not possible to use the functionalities of the Online Store, including the ability to place an Order.
The Terms and Conditions are made available in a manner that allows the Buyer to store and reproduce them in the ordinary course of operations.
After the Buyer begins the ordering process via the Order Form or logs into the Customer Account—i.e., after adding Product(s) available in the Online Store to the Cart—the Buyer will receive:
an email notification sent to the address provided in the Order Form or Customer Account, informing them that the Product(s) have been added to the Cart and that the Order can be completed;
an SMS notification sent to the phone number provided in the Order Form or Customer Account, also informing about the added Product(s) and the possibility of completing the Order.
Once the Buyer has provided all the necessary data for placing the Order, an Order summary will be displayed. This summary includes:
the subject of the Order,
the unit and total price of the ordered Products (including taxes),
delivery costs and any additional charges,
the selected payment method,
method and place of delivery,
delivery time,
complete Seller contact details and the method of communication with the Buyer.
The Buyer may modify the entered data and selected Products until the "Order and Pay" button is clicked—that is, until the Order is placed.
In the case of phone orders, the above information is communicated to the Buyer orally by the Seller.
After the Order is placed, the Seller confirms its receipt:
via email sent to the address provided by the Buyer, and/or
via SMS to the phone number provided by the Buyer,
which binds the Buyer to the Order and constitutes acceptance of the Order for processing.
At the moment the Buyer receives the above message, the Sales Agreement is concluded between the Buyer and the Seller.
The confirmation, provision, recording, and securing of the content of the concluded Sales Agreement is done by sending the Buyer the confirmation email mentioned above.
For phone Orders, such confirmation may also be sent via SMS or by postal mail to the address provided by the Buyer.
The email confirming receipt of the Order will include:
a link to the Terms and Conditions,
an attachment with a model declaration of withdrawal from a distance agreement,
instructions on the right of withdrawal for the Consumer or Business Consumer,
a link to the Privacy Policy.
During the Order fulfillment process, the Seller will inform the Buyer about the stages of the Order (i.e., payment received, Products being prepared for shipment, Order dispatched, Order delivered) by sending messages:
via email to the address provided by the Buyer, and/or
via SMS to the phone number provided by the Buyer.
The Seller reserves the right to withdraw from the Sales Agreement within 30 days from the date of its conclusion in the following cases:
if the data necessary for placing and fulfilling the Order has not been provided or has been provided incorrectly, and it is not possible to contact the Buyer;
if the Products ordered are unavailable or have been damaged prior to shipment to the Buyer.
In such cases, the Seller will contact the Buyer first to discuss further handling of the Order.
If a mutual agreement cannot be reached, the Seller may unilaterally withdraw from the Sales Agreement.
After the Products purchased through the Online Store have been delivered, the Seller may contact the Buyer via email or SMS to:
ask for feedback about satisfaction with the received Products,
assess the quality of customer service,
or propose the purchase of other Products available in the Online Store.
§ 4. Product Prices and Payments
Product prices are provided in Polish zloty (PLN) and are specified as gross amounts, meaning they include applicable taxes and other public charges related to the purchase of the Product. Therefore, the price represents the total amount due to the Seller from the Buyer for the Product.
The unit price of the Product is considered binding between the Buyer and the Seller at the moment the Order is placed.
When placing an Order, the Buyer may choose one of the following payment methods:
Online bank transfer – payment made through the Przelewy24 online payment system. Przelewy24 offers various payment options: Blik, online transfer via selected banks, and card payments (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro);
Traditional bank transfer – payment made directly to the account of VSB.STORE Spółka z ograniczoną odpowiedzialnością, account number: 88 1090 1014 0000 0001 5437 3655 at Santander Bank.
The Buyer is obliged to make payment for the ordered Product no later than within 7 calendar days (including Saturdays, Sundays, and public holidays, as defined by the Public Holidays Act – Journal of Laws 2015, item 90, as amended) from the day they receive the email confirming the Order.
The Seller reserves the right to cancel an Order that violates the terms set out in § 4(5), after informing the Buyer.
§ 5. Delivery
The Seller provides the following delivery options for Orders:
Courier delivery via InPost with prior prepayment;
Courier delivery to an InPost parcel locker selected by the Buyer.
Product delivery is available within the territory of the Republic of Poland and abroad. For deliveries outside of Poland, the Buyer agrees to determine the delivery cost and time individually with the Seller.
The Buyer will be informed of the delivery cost during the Order process. The cost depends on the delivery and payment method selected by the Buyer.
If the total value of the ordered Products exceeds 299.00 PLN, the Seller covers the delivery costs within Poland, according to the delivery method selected by the Buyer in the Order Form. If the Seller provides discount codes that reduce the price of the Products and, as a result, the total order value falls below 299.00 PLN, the delivery costs are borne by the Buyer.
Product delivery to the Buyer is carried out without undue delay (typically the Product is shipped on the next business day), but no later than 30 days unless the Sales Agreement specifies otherwise. The 30-day period is counted from the date of payment, or, in the case of cash on delivery, from the date of conclusion of the Sales Agreement (receipt of the Order confirmation from the Seller by the Buyer).
§ 6. Withdrawal from the Sales Agreement
A Consumer or Business Consumer who purchases a Product and concludes a Sales Agreement remotely may withdraw from that Agreement without providing any reason and without incurring any costs—except for the costs specified in § 6(5) below—by submitting a clear statement of withdrawal within fourteen (14) days from the day the Product or its last part is delivered.
To effectively withdraw from the Sales Agreement, it is sufficient to send a written statement of withdrawal by the Consumer or Business Consumer to the Seller before the expiration of the above-mentioned period, either by traditional mail to:
VSB.STORE Spółka z ograniczoną odpowiedzialnością, ul. Józefa Ignacego Kraszewskiego 36, unit 128, 30-110 Kraków, Poland,
or via email to: vsb.store.pl@gmail.com.
The Consumer or Business Consumer also has the right to use the model withdrawal form included in Annex No. 2 to the Consumer Rights Act or the model form attached as an appendix to these Terms and Conditions.
In the event of effective withdrawal from the Sales Agreement, the Agreement is considered null and void, and the Consumer or Business Consumer is released from all obligations.
If the Consumer or Business Consumer withdraws from the Sales Agreement, the Product must be returned without undue delay—preferably together with the withdrawal statement, or separately—but no later than fourteen (14) days from the day of withdrawal.
To meet the deadline, it is sufficient to send the Product back before it expires to the address:
VSB.STORE Spółka z ograniczoną odpowiedzialnością, ul. Józefa Ignacego Kraszewskiego 36, unit 128, 30-110 Kraków, Poland.
The direct costs of returning the Product—such as packaging and shipping—shall be borne by the Consumer or Business Consumer.
If the right of withdrawal is exercised by a Business Consumer, the Seller will issue a corrective invoice upon acceptance of the returned Product.
The Business Consumer is required to provide an email address to which the Seller will send the corrective invoice.
If the Business Consumer does not clearly indicate an email address, the Seller will send the corrective invoice to the email address used by the Business Consumer during the conclusion of the Sales Agreement.
The Business Consumer is required to confirm receipt of the corrective invoice by replying to the Seller via email. The confirmation of receipt is the return message from the Business Consumer confirming receipt of the invoice.
The Consumer or Business Consumer is responsible for any reduction in the value of the Product resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
During the withdrawal period, the Product should be handled and inspected with due care.
The Product should be returned in the same quantity and condition as received (subject to the first sentence).
In particular, all items received with the Product—such as parts, accessories, instructions, usage conditions, and other documents—should be included in the return.
The Consumer or Business Consumer has the right to open the packaging to access the Product if similar products are typically displayed without packaging in brick-and-mortar stores. It is recommended that the returned Product be packed in its original packaging, unless it was removed for the purpose of determining the nature, features, and functioning of the Product. In such a case, the Product should be properly secured to prevent damage during transport. The shipment must be labeled with the correct address of the Seller to which the Product is being returned.
In the event of withdrawal from the Sales Agreement, the Seller will refund the Consumer or Business Consumer all payments received, including the cost of delivery of the Product to the Consumer or Business Consumer, except for any additional costs resulting from the Consumer's or Business Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
The refund of the Product price and the delivery costs paid by the Consumer or Business Consumer will be made no later than upon receipt of the returned Product or upon delivery of proof of shipment of the returned Product—whichever occurs first. The refund will be made using the same payment method used by the Buyer.
The right to withdraw from a distance contract does not apply to the Consumer or Business Consumer in the case of agreements:
for the delivery of audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
for the supply of digital content not stored on a tangible medium, if performance began with the express consent of the Consumer or Business Consumer before the withdrawal period expired, and after being informed of the loss of the right of withdrawal;
where the Product is non-prefabricated, made to the Consumer’s or Business Consumer’s specifications, or clearly personalized (e.g., registered in the manufacturer's database under the name of the Consumer or Business Consumer, thereby assigning the product to them);
for the sale of Products that, due to their nature, are inseparably mixed with other items after delivery;
for Products that are perishable or have a short shelf life;
where the Consumer or Business Consumer expressly requests a visit from the Seller for urgent repair or maintenance; if, during such a visit, the Seller also performs other services not requested by the Consumer or Business Consumer, or delivers Products other than necessary replacement parts, the right of withdrawal applies only to the additional services or Products;
for Products delivered in sealed packaging which, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
for the provision of transport services or services related to leisure, entertainment, sports, or cultural events, where the contract specifies a specific date or period of service;
where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control, which may occur before the withdrawal deadline;
for the supply of alcoholic beverages, the price of which was agreed upon at the time of concluding the contract, and delivery may only take place after 30 days, and the value depends on market fluctuations beyond the entrepreneur’s control;
concluded at a public auction.
§ 7. Complaints in Sales
If the Buyer is a Consumer or Business Consumer, the Seller is liable for any lack of conformity of the Product with the contract in accordance with the provisions of the Consumer Rights Act.
The Buyer may submit a complaint:
in written form – by sending a signed complaint to the Seller’s address;
verbally – by submitting a complaint via telephone;
electronically – by sending an email to the Seller’s email address.
A Product is considered to be in conformity with the contract if, in particular, it complies with the following aspects:
its description, type, quantity, quality, completeness, and functionality;
its fitness for any particular purpose made known to the Seller by the Buyer no later than at the time of the conclusion of the contract, and which the Seller accepted.
Furthermore, to be deemed in conformity with the contract, the Product must:
be fit for the purposes for which products of the same type are normally used, taking into account applicable laws, technical standards, or good practices;
be of the quantity and have the qualities, including durability and safety, that are typical for such a product and that the Buyer may reasonably expect, considering the nature of the product and public statements made by the Seller, its legal predecessors, or representatives, particularly in advertisements or on labels, unless the Seller proves that:
they were unaware of the public statement and could not reasonably have been aware of it,
the public statement had been corrected before the contract was concluded in a manner and form comparable to that in which it was made,
the public statement did not influence the Buyer’s decision to conclude the contract;
be delivered with packaging, accessories, and instructions that the Buyer may reasonably expect;
match the quality of a sample or model made available to the Buyer before the contract was concluded and correspond to its description.
The Seller is not liable for a lack of conformity of the Product with the contract, as described in § 7 point 4, if the Buyer was expressly informed—at the latest at the time of concluding the contract—that a specific feature of the Product deviates from the requirements for conformity with the contract and the Buyer expressly and separately accepted this lack of conformity.
The Seller is liable for any lack of conformity of the Product with the contract that existed at the time of delivery and becomes apparent within two years from that moment, unless the Product's shelf life is longer.
If the lack of conformity becomes apparent within two years of delivery, it is presumed that the defect existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Product or the lack of conformity.
The Seller cannot invoke the expiration of the period for identifying a lack of conformity if the defect was fraudulently concealed.
If the Product is not in conformity with the contract, the Buyer may request its repair or replacement.
The Seller may replace the Product when the Buyer requests a repair, or may repair the Product when the Buyer requests a replacement—if bringing the Product into conformity with the contract in the manner chosen by the Buyer is impossible or would result in excessive costs for the Seller. If both repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.
The Seller shall perform the repair or replacement within a reasonable time from the moment they are informed by the Buyer about the lack of conformity and without undue inconvenience to the Buyer, taking into account the nature of the Product and the purpose for which the Buyer acquired it.
The Buyer shall make the Product available to the Seller for repair or replacement, and the Seller shall collect it at their own expense.
All repair or replacement costs are borne by the Seller. This includes, in particular, shipping, transportation, labor, and material costs.
The Buyer is not obliged to pay for ordinary use of the Product that was later replaced.
If the Product is not in conformity with the contract, the Buyer may submit a statement requesting a price reduction or withdrawal from the contract in the following cases:
the Seller has refused to bring the Product into conformity in accordance with § 7 point 9;
the Seller has not brought the Product into conformity in accordance with § 7 points 10–12;
the lack of conformity persists despite the Seller’s attempt to repair or replace the Product;
the lack of conformity is so substantial that it justifies a price reduction or withdrawal from the contract without first using the remedies referred to in § 7 points 8–13;
it is clear from the Seller’s statement or circumstances that repair or replacement will not be performed within a reasonable time or without significant inconvenience to the Buyer.
The reduced price must be proportional to the contract price, corresponding to the difference in value between the non-conforming Product and a conforming Product.
The Seller shall refund to the Buyer the amounts due as a result of exercising the right to a price reduction without delay, and no later than within fourteen (14) days from the day of receiving the Buyer’s statement regarding the price reduction.
If the lack of conformity concerns only certain Products delivered under the contract, the Buyer may withdraw from the contract only in respect of those Products, and also in respect of other Products purchased together with the non-conforming ones if it cannot reasonably be expected that the Buyer would agree to keep only the conforming Products.
The Buyer may not withdraw from the contract if the lack of conformity is minor. It is presumed that the lack of conformity is significant. The burden of proof lies with the Seller to demonstrate that the defect is insignificant.
In the event of withdrawal from the contract, the Buyer shall return the Product to the Seller without delay at the Seller’s cost. The Seller shall refund the price to the Buyer without delay, and no later than within fourteen (14) days from the date of receiving the Product or proof of its return shipment. The refund will be made using the same payment method used by the Buyer, unless the Buyer expressly agrees to a different refund method that does not incur additional costs.
The Buyer may withhold payment of the price until the Seller fulfills their obligations under the complaint process as specified in § 7 points 8–19.
The complaint review period is fourteen (14) business days from the date the Seller receives the Product under complaint.
If the Buyer has requested a repair or replacement, or submitted a statement of withdrawal from the contract or requested a price reduction indicating the desired amount, and the Seller fails to respond within fourteen (14) days, it is assumed that the claim has been accepted as justified.
Minor differences in the appearance of the Product delivered to the Buyer compared to its representation (even of the same type, brand, and model) presented in graphic form do not constitute grounds for complaint, if such differences result from the Buyer’s monitor settings, lighting conditions, or other factors solely related to the use of the Internet for shopping.
This provision does not limit the Seller’s liability, particularly the Buyer’s right to withdraw from the contract.
§ 8. Complaints Regarding Electronic Services
Complaints regarding services provided electronically, especially those related to the functioning of the Online Store, may be submitted in the following cases:
failure by the Seller to commence the provision of services within the timeframe specified in the agreement due to the Seller’s fault;
failure to perform, improper performance of services by the Seller, or incorrect billing for those services.
A complaint regarding the failure or improper performance of an electronic service should include, in particular, the subject of the complaint and the circumstances justifying it.
The Seller will review the complaint within fourteen (14) days from the date of its submission.
§ 9. Provisions Concerning Entrepreneurs
The provisions of § 9 of the Terms and Conditions apply exclusively to Buyers who are not simultaneously Consumers or Business Consumers, i.e., Buyers acting as entrepreneurs or entering into a Sales Agreement on behalf of an entrepreneur, in situations where the agreement is of a professional nature for the entrepreneur, particularly due to the subject of their business activity.
The Seller reserves the right to limit the available payment methods for the Entrepreneur, including requiring full or partial prepayment, regardless of the payment method selected by the Buyer in the Order or the fact that a Sales Agreement has been concluded.
Products sold under a Sales Agreement concluded with an Entrepreneur remain the property of the Seller until the price and delivery costs under the Sales Agreement are fully paid.
At the moment the Seller hands over the Product to the carrier, all benefits and burdens related to the Product, as well as the risk of accidental loss or damage, are transferred to the Entrepreneur. In such cases, the Seller is not liable for the loss, shortage, or damage to the Product occurring from the time it is accepted by the carrier until its delivery to the Entrepreneur, nor for delays in shipment.
The Seller is liable for defects in the sold Product to the Entrepreneur only upon presentation of proof of purchase (VAT invoice or fiscal receipt).
The Entrepreneur forfeits warranty rights if they fail to inspect the Product in the manner and time customary for items of this type and do not notify the Seller of the defect immediately after its discovery, or, if the defect is discovered later, if they do not notify the Seller immediately after its discovery.
The complaint processing time for complaints submitted by an Entrepreneur is thirty (30) days from the date the Seller receives the Product under complaint. This period may be extended in justified cases, of which the Entrepreneur will be informed. Failure to respond within this period shall be deemed as the Seller rejecting the claim.
The costs of delivering the defective Product to the delivery location are borne by the Entrepreneur.
The Seller’s liability to the Entrepreneur, regardless of its legal basis, is limited—both in relation to a single claim and all claims in total—to the amount of the price paid and the delivery costs under the Sales Agreement.
The Seller is only liable for typical, foreseeable damages at the time of the contract conclusion and shall not be liable for lost profits incurred by the Entrepreneur.
§ 10. Personal Data
The administrator of the Buyer’s personal data, in accordance with the Personal Data Protection Act and the GDPR, is:
VSB.STORE Spółka z ograniczoną odpowiedzialnością,
registered in Kraków, ul. Józefa Ignacego Kraszewskiego 36, unit 128, 30-110 Kraków,
entered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, XI Commercial Division of the National Court Register, under number: 0000983007,
REGON: 522616547, NIP: 6772481439,
phone: +48 728 832 449,
email: vsb.store.pl@gmail.com.
The rules for the processing of the Buyer’s personal data are governed by the “Privacy Policy” available on the Online Store website at https://vsb-store.pl.
§ 11. Copyrights
All content posted on the Online Store website https://vsb-store.pl, including but not limited to graphic elements, photos, and product descriptions, is protected by copyright as defined in the Copyright and Related Rights Act.
No part of the content published on the aforementioned website may be distributed or copied in any form (electronic, mechanical, or otherwise) without the written consent of the content owner, i.e., VSB.STORE Spółka z ograniczoną odpowiedzialnością, based in Kraków.
§ 12. Final Provisions
The available means of communication between the Buyer and the Seller are:
telephone: +48 728 832 449
email: vsb.store.pl@gmail.com
correspondence address:
VSB.STORE Spółka z ograniczoną odpowiedzialnością,
ul. Józefa Ignacego Kraszewskiego 36, unit 128, 30-110 Kraków, Poland
The Seller reserves the right to unilaterally amend the Terms and Conditions in the event of:
the introduction of new or amendments to existing, generally applicable laws,
changes or the emergence of new interpretations of generally applicable laws resulting from court rulings, decisions, recommendations, guidelines, or directives,
changes in market conditions,
introduction or withdrawal of Products from the offer,
changes in the offered forms of delivery, collection, payment methods, complaint procedures, etc., resulting from the operational needs of the Seller's business,
the need to correct clerical or accounting errors and to ensure the clarity of the provisions of the Terms and Conditions, provided such changes do not increase the Buyer’s obligations or reduce their rights.
The amended Terms and Conditions are binding for the Buyer if the requirements under Article 384 of the Polish Civil Code have been met.
Amendments to the Terms and Conditions shall in no way affect the rights of Consumers or Business Consumers acquired before the effective date of such amendments.
The Buyer will be informed of the content of the changes by the Seller placing a notice about the amendment on the website: https://vsb-store.pl.
Each Buyer may use out-of-court means of handling complaints and pursuing claims.
In this regard, the Buyer may make use of mediation.
Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the competent District Courts.
The use of out-of-court dispute resolution is voluntary and may occur only if both parties to the dispute agree to it.
The online platform for dispute resolution between consumers and businesses at the EU level is available at: http://ec.europa.eu/consumers/odr (ODR platform).
In all matters arising from or potentially arising from the Sales Agreement, exclusive jurisdiction lies with the Polish courts.
Disputes between a Consumer or Business Consumer and the Seller shall be submitted to the competent common courts.
Disputes between the Seller and an Entrepreneur shall be submitted to the court competent for the Seller’s registered office.
In matters not regulated by these Terms and Conditions, the provisions of the Polish Civil Code and other relevant laws shall apply.
These Terms and Conditions enter into force on April 28, 2023.