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Terms and Conditions of the Vistula Online Shop

Terms and Conditions of the Vistula Online Shop
(EFFECTIVE FROM SEPTEMBER 1ST, 2017)

I. General Provisions
1. The below Terms and Conditions specify the principles which apply to the execution of transactions in the VISTULA Online Shop at www.vistula.eu, which is run by the Vendor.
2. Whenever these Terms and Conditions refer to:
a) the Vendor – that shall be understood as Vistula Group S.A. with its registered seat in Krakow in 10 Pilotów St., postal code 31-462, entered into the register of entrepreneurs of the National Court Register by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division of the National Court Register under KRS Entry No. 0000047082, NIP (Tax ID) No. 6750000361, REGON (Business ID) No. 351001329,
b) the Customer shall be understood as a natural person of legal age, who has at least partial capacity to enter into legal transactions, but also a legal person or an organisational unit with no legal personality that has the legal capacity and the capacity to perform acts in law,
c) the Shop shall be understood as an online shop run by the Vendor at www.vistula.pl,
d) the Products shall be understood as products offered for retail sale by the Vendor, which are available in the Shop,
e) the Price shall be understood as the gross price of the Products indicated next to information about the product, which does not include Costs of delivering the Products. Prices of Products found in the Shop are given in Polish zloty and include VAT,
f) the Supplier shall be understood as a courier company collaborating with the Vendor. If the Vendor undertakes cooperation with the Polish Post or another public operator, the Polish Post or another public operator will also be considered a Supplier,
g) Costs of delivering the Products shall be understood as the fee for delivering the Products to the Customer,
h) the Order shall be understood as an order for Products placed by the Customer in the Shop in accordance with these Terms and Conditions.
3. Information contained on the Shop’s website does not constitute an offer within the meaning of the provisions of the Civil Code. It constitutes an invitation for Customers to make offers.
4. The availability of products is updated Monday through Friday in the afternoon hours, except on non-working days.
5. The Vendor reserves the right to limit the number of Products ordered in the Shop at promotional prices.
6. The Vendor does not carry out wholesale activities in the Shop, nor the sale of products for their further resale.
7. All Customers of the Shop are prohibited from sending content that is unlawful or contradicting the rules of social conduct.
8. Promotions for loyalty card owners who are the Vendor’s regular customers are not cumulative with the Shop’s promotions. The Vendor does not offer holders of customer loyalty cards discounts resulting from promotions for customer loyalty cards with the exception of situations in which the promotion is also aimed at the Customers of the Shop.
The Customer is not credited points to their customer loyalty card in the Vendor’s Loyalty Programme for purchases made via the Shop.

II. Registration and conditions for making Orders
1. Customers entitled to place Orders for Products are Customers who:
a) have the status of registered users of the Shop,
b) do not have the status of registered users of the Shop – making purchases without completing the registration and log-in procedure.
2. The status of a registered Shop user is obtained after completing the following operations:
a) completing the registration form found on the Shop’s website in the appropriate way (in particular providing the required personal details and entering the log-in and password details by the Customer),
b) activating the account by clicking on the link sent to the Customer’s email address.
Registration operations are completed only once. The Customer uses the log-in and password previously created on the Shop’s website for each successive Order. After using the established log-in and password, the Customer has the option of updating the details given during the registration. The log-in and password are confidential in nature.
3. Customers who have the status of registered users of the Shop place their Order after logging in to the Shop by adding Products presented in the Shop to their Basket, and confirming the placing of the Order for Products by choosing the “I am placing an order with the obligation to pay” button.
4. Customers who do not have the status of registered users of the Shop place their Order by adding Products presented in the Online Shop to the Basket, and confirming the placing of the Order for Products by choosing the “I am placing an order with the obligation to pay” button as well as providing data necessary to complete the Order in accordance with the procedure placed on the Shop’s website.
5. Information referred to in art. 12 para. 1 of the Act of 30 May 2014 about Consumer Rights will be sent to the Customer to the email address provided by the Customer while placing the Order as part of the email message confirming the placing and content of the Order placed by the Customer.
6. After placing the Order, the Customer shall receive an email message with a summary of the Order and information about registering the Order in the Shop.

III. Concluding a sale agreement and processing orders
1. Upon confirmation by the Seller of the acceptance of the Customer’s Order for completion, an agreement for the sale of products is executed. Confirmation is sent to the Customer via the electronic mail in which the Vendor confirms accepting the Customer’s Order for completion.
2. The Vendor reserves the right to additionally verify the details of the Customer, e.g. by contacting them by phone.
3. The Vendor has the right to refuse to complete Orders:
a) which are entered in wrongly completed Order forms,
b) which are indicative of purchasing Products for their further resale,
c) which are placed in violation with these Terms and Conditions.
3. Placing Orders in the Shop is possible at all times, every day of the year.
4. The Products of the Order are delivered to the Customer by the Vendor.
5. The content of sale agreements concluded in the Shop is stored by the Shop’s IT system for the period of at least 3 months from the date of the conclusion of each of the agreements, and the content of these agreements is made available exclusively to the parties of the agreement or at the request of competent authorities in accordance with legal provisions. Each Customer who completes the registration procedure, after logging in has access to all their sale agreements concluded in the Shop for the period of their storage in the IT system defined in the 1st sentence.
6. The conditions of a sale agreement are specified by these Terms and Conditions, binding legal regulations and individual arrangements between the Vendor and the Customer.
7. The Vendor sends sales documents and any potential corrections via electronic mail.
8. the Terms and Conditions also means expressing consent to use electronic invoices within the meaning of art. 106n para. 1 of the Act of 11 March 2014 about tax on Products and services, Journal of Laws of 2011 No. 177, item 1054 as amended)

IV. Payment terms
1. The payment due for the Products and the Costs of delivering the Products may be made only according to the below options:
a) by cash (cash on delivery) if the Products are delivered by the Supplier,
b) by transfer or payment on the Vendor’s account,
c) by a payment card – by means of a system making online payments possible on the Shop’s website, if the Customer’s card should enable this.
2. In the event of payments completed by transfer or on the Vendor’s account, the transfer order title should include:
- the first and last name or the company of the Customer,
- the number of the Order (indicated in the message about registering the Order in the Shop).
The payment should be made to an individual account number assigned to the Order placed by the Customer. The individual bank account number will be sent to the email address provided by the Customer while placing the Order in an email message confirming the placing of the Order and the contents of the Order placed by the Customer.

3. The Vendor makes it possible for the payment due to be made by means of the PayU website. Transferring monies via this website may take place by:
- credit card: VISA, MasterCard
- debit card: VISA, MasterCard
4. In the event that the Vendor introduces the option of shipping the ordered Products by Polish Post, then it will also be possible to pay cash on delivery via Polish Post.
5. The Vendor also states the possibility of introducing cash payments on personal collection by the Customer in an agreed upon outlet shop of the Vendor. The Vendor will notify about introducing this option on the Shop’s website.
6. The obligations of the Customer resulting from an agreement for the sale of Products remain valid until the entire payment for the Products and the Costs of delivering the Products is made.

V. Delivery of ordered Products
1. The Vendor completes the Order in the form of a courier parcel via the Supplier. The Vendor states the possibility of introducing deliveries by post via Polish Post. The Vendor shall inform about this possibility on the website of the Shop.
2. Subject to para. 6 below, the Shipment of Products via a Supplier is completed within 7 business days:
a) from the moment of placing the Order by the Customer if the selected form of payment was cash on delivery;
b) from the moment of confirming the payment in the Vendor’s account if the selected form of payment was different than cash on delivery.
The Order completion period does not include Saturdays and public holidays.
3. The Vendor undertakes to deliver Products without defects.
4. The costs of the delivery of Products, which along with their price are born by the Customer, are provided on the Shop’s website when the Order is placed.
5. The Vendor states the possibility of personal collection of the Products by the Customer in the exclusive shops of the Vendor (a list of these exclusive shops can be found on the vistula.pl website). Information about this possibility will be included by the Vendor on the Shop’s website. Collection of the ordered Products will be possible in the Vendor’s designated outlet shop by the Customer or by an authorised person (the authorization must be made in writing), after prior arrangement of the date with the Shop administration by email or by phone.
6. The Vendor reserves the option to introduce special limited-time pre-order offers within which the Customer may purchase Products from new collections before the date of introducing the collection into the market for sale on a regular basis in the Vendor’s exclusive shops. In the case of completing Orders within a pre-sale, the terms listed in para. 2 above are not applicable. The terms for completing Orders placed within a pre-sale will each time be indicated by the Vendor in their promotional materials connected with the offer, including the Shop website next to products in the pre-sale offer, as well as communicated to the Customers in an email confirmation of accepting the Order for processing.

VI. Returns of purchased Products
1. Subject to the provisions of para. 4 below, the Customer who is a consumer may return the Products purchased in the Shop without providing any reasons and at no expense by making a statement about withdrawing from an agreement for the sale of Products in accordance with article 27 of the Act of 30 May 2014 on consumer rights. This entitlement may be implemented within 14 days from the receipt of Products. To meet the withdrawal deadline, it is sufficient to send the statement before the deadline has expired. If the Customer withdraws from an agreement for the sale of Products indicated in this paragraph, the Customer is obligated to return the Products to the Vendor within 14 days from the day on which the statement about withdrawing from the agreement for the sale of Products was sent, in accordance with the procedure of the Return of Products laid down at the online address of the Shop.
2. If the Customer withdraws from an agreement for the sale of Products, the agreement for the sale of Products shall be considered not concluded.
3. The Customer must bear the direct costs of returning the Products. The Vendor bears the costs of returning the Products only when the Vendor expresses prior consent to bear other than the directs costs of returning the Products.
4. The right to withdraw from the agreement is not granted to the consumer in cases specifically defined in art. 38 para. 1 of the Act of 30 May 2014 about Consumer Rights, and with regard to contracts, among others:
a. for the provision of services, if the trader has fully provided his services upon the prior consent of the consumer who was notified, prior to commencing the service, that they shall lose their right to withdraw from the agreement after the trader performs his contractual obligations;
b. the object of which is a non-fabricated item produced according to the consumer’s specification or one used to meet their individual needs;
c. the object of which are items which, after delivery and because of their characteristics, have become inseparably connected with other items.
d. the object of which is an item delivered in sealed packaging, which cannot be returned after the packaging has been opened for the protection of human health or for hygienic reasons if the packaging has been opened after delivery.
5. In the event that the Customer implements the right to withdraw from an agreement for the sale of Products after making a request for the provision of services by the Vendor before the expiry of the withdrawal period, the Customer shall be obligated to pay for the services provided until the withdrawal from the agreement.
6. The Vendor shall return the amount due for the Products returned by the Customer to the Customer within 14 days from the day of delivering the statement about withdrawing from the agreement for the sale of Products to the Vendor. The Vendor may suspend the process of returning the payments received from the Customer until they receive the Products being returned or until the Customer delivers proof of sending the returned Products back.
7. Withdrawing from an agreement for the sale of Products may be executed by completing a form for the withdrawal from the agreement for the sale of Products available online at vistula.eu/returns-and-complaints.

VII. Complaints about Products
1. Reporting complaints about Products should:
a) be posted to:
Sklep internetowy Vistula
ul. Pilotów 10
31-462 Krakow
Poland
or
b) emailed to contact@vistula.eu
or
c) delivered in person to one of the exclusive shops run by the Vendor (a list of exclusive shops can be found at the vistula.eu/outpost/list website).
2. Reporting a complaint may take place by, amongst others, completing a complaint form available on the vistula.eu/returns-and-complaints website of the online shop.
3. The complaint about Products shall be considered within 14 days from the day on which the complaint was filed. The Customer will be informed by email or by phone about the manner in which the complaint has been dealt with.
4. The Vendor shall inform the Customer about the possibility of having recourse to an out-of-court complaint mechanism, among others by making a request by the Customer for mediation or for consideration by an arbitration court (the relevant form can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223) after ending the complaint procedure. The list of permanent arbitration consumer courts acting under the Regional Inspectorates of Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court claim compensation after ending the complaint procedure is free of charge. If the Customer, who is a consumer, wishes to resort to the out-of-court method of claim compensation, there is additionally the possibility of reporting the complaint via the ODR EU online platform available at http://ec.europa.eu/consumers/odr/.
5. Reporting a complaint takes place with the principles and under the procedure specified at the website address of the Online Shop relating to the procedure of Filing Complaints >.

VIII. Personal data protection

1. Personal data of the Customer registered in the store are processed by the Seller as the personal data administrator under the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 /EC (general regulation on data protection) of 27 April 2016 (Official Journal No. 119, page 1) (“Regulation”) for purposes related to transactions made as part of the Store and for purposes resulting from legitimate interests pursued by the Seller as well as on the basis of the Customer’s consent – for purposes consistent with the content of the granted consent, including for commercial and marketing purposes.

2. The customer may agree to receive commercial and marketing information from the Seller via e-mail in the form of SMS and MMS. In this case, personal data is processed by the Seller on the basis of consent – for purposes consistent with the content of the consent, including for commercial and marketing purposes and for purposes related to the handling of the newsletter.
3. The given data will be processed on the basis of art. 6 par. 1 lit. a), b) and f) of the Regulation for the purposes indicated in point 1 above.
4. Providing personal data by the Customer in the Store is voluntary, but necessary for making transactions within the Store. If you do not provide personal information, you will not be able to create an account in the Store or make transactions within the Store. This does not apply to data processing for commercial and marketing purposes, which is performed only in the case of voluntary consent, regardless of transactions within the Store.
5. The Customer has the right to request from the Seller access to personal data concerning him, the right to rectify them, remove or limit processing.
6. The customer has the right to withdraw consent to the processing of personal data at any time without affecting the legality of the processing, which was made on the basis of consent before its withdrawal.
7. Personal data will be stored for the period necessary to complete the transaction in the Store and resolve complaints and are processed for the duration of the Customer’s account in the Store, no longer than 3 years from the liquidation of the account in the Store. If the Customer performs the transaction without creating an account in the Store, then the data is processed for a period of 3 years from the transaction date. In the case of processing personal data in legally justified purposes, the Seller’s data is stored for the duration of their implementation and on the basis of the Customer’s consent – data is stored until withdrawal of consent.
8. The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection (and before creating this office to the Inspector General for Personal Data Protection) when he / she considers that the processing of personal data concerning him / her violates the law.
9. The Customer’s personal data will be processed in the form of analytical, sales and marketing profiling, in order to adjust the materials directed by the Seller to the Customer’s needs and interests, and to make measurements that will allow the Seller to improve the services provided by him. Binding decisions are not automated.

IX. Contact details
In all matters related to the completion of transactions in the Shop, the Customer may contact the Vendor in the following way:
a) by post at the address:
Sklep Internetowy Vistula
Vistula Group S.A.
ul. Pilotów 10
31-462 Krakow
Poland
b) by phone at +48 783 782 316,
c) by fax at +48 12 656 50 98,
d) by e-mail at contact@vistula.eu
X. Final provisions
1. In all matters not regulated by these Terms and Conditions, the provisions of the act of May 30th, 2014 about consumer rights shall apply. The provisions of these Terms and Conditions do not encroach on the rights of consumers by the non-compliance of Products with the agreement. The provisions of the Terms and Conditions shall be interpreted in such a way that they comply with the binding legal provisions.
2. These Terms and Conditions come into force as of the day of their publication on the Shop’s website.

Archive versions:
Terms and Conditions of the Vistula Online Shop valid until 31.08.2017