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Bedingungen und Konditionen
For the www.labbvenn.com online store, consumer rights are important. A consumer cannot waive the rights awarded to them in the Act on Consumer Rights. The provisions of agreements that are less beneficial to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the said Act apply instead. Therefore the provisions hereof are not intended to exclude or limit any consumer rights awarded to them pursuant to the absolutely binding provisions of law, and all and any doubts are to be clarified to the advantage of the consumer. In the case of any discrepancies between the provisions hereof and the provisions of the said Act, the provisions of the said Act prevail.
1. GENERAL PROVISIONS
1.1.The Online Store available at www.labbvenn.com run by the LABBVENN based in Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice; entered into the Register of Entrepreneurs of the National Court Register under the number KRS; NIP (tax identification number): 8862601121; National Official Business Register REGON: 022438305; e-mail address: hello@labbvenn.com
1.2.These Regulations are addressed both to the consumers and entrepreneurs using the Online Store (except for item 9 of the Regulations which is addressed only to the entrepreneurs). The provisions hereof are not intended to exclude or limit any consumer rights awarded to them pursuant to the absolutely binding provisions of law, and all and any doubts are to be clarified to the advantage of the consumer. In the case of any discrepancies between the provisions hereof and the provisions of the said Act, the provisions of the said Act prevail.
1.3.The Administrator of personal data processed in connection with the execution of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes and on the basis of principles indicated in the privacy policy published on the websites of the Online Store. Providing personal details is voluntary. Each person, whose personal data are processed by the Service Provider, has the right to control, update and correct the content of the data. 1.4. Definitions:
1.4.1.BUSINESS DAY – one day from Monday to Friday, excluding statutory holidays.
1.4.2.THE ORDER FORM – an Electronic Service, the interactive form available at the Online Store making it possible to place an Order, in particular by adding the Products in the electronic cart and defining the conditions of a Sales agreement, including the method of delivery and payment.
1.4.3.THE CUSTOMER – (1) a natural person having full capacity to conclude legal acts, and in cases provided for by commonly binding regulations, also a natural person with a limited capacity to be a party in legal actions; (2) a legal person or (3) an organizational unit without legal personality, to whom the act grants legal capacity, who concluded or intends to conclude a Sales Agreement with the Seller.
1.4.4.CIVIL CODE – the Act – Civil Code dated April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
1.4.5.THE NEWSLETTER – an Electronic Distribution Service provided by the Service Provider via e-mail, which makes it possible to all Service Users to automatically obtain the content of subsequent editions of a newsletter containing information on the Products at the Online Store.
1.4.6.PRODUCT – a movable property available at the Online Store, the subject of the Sales Agreement between the Customer and the Seller.
1.4.7.REGULATIONS – these regulations of the Online Store.
1.4.8.THE ONLINE STORE – the Service Provider’s Online Store available at: www.labbvenn.com
1.4.9.SELLER; THE SERVICE PROVIDER – the company LABBVENN based in Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice; NIP (tax identification number): 8862601121; National Official Business Register REGON: 022438305; e-mail address: hello@labbvenn.com
1.4.10.THE SALES AGREEMENT – a sales agreement of the Product concluded between the Customer and the Seller via the Online Store.
1.4.11.THE ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
1.4.12.SERVICE USER – (1) a natural person having full capacity to conclude legal acts, and in cases provided for by commonly binding regulations, also a natural person with a limited capacity to be a party in legal actions; (2) a legal person or (3) an organizational unit without legal personality, to whom the act grants legal capacity, who uses or intends to use the Electronic Service
1.4.13.THE ORDER – the Customer’s declaration of will submitted by means of the Order Form aiming directly at the conclusion of the Agreement Sales for the Product with the Seller.
2. ELECTRONIC SERVICES AT THE ONLINE STORE
2.1. The following Electronic Services are available at the Online Store: the Order Form and the Newsletter.
2.1.1.THE ORDER FORM – the use of the Order Form begins at the moment of adding the first Product to the electronic cart at the Online Store. The submission of the Order follows the fulfilment of two subsequent steps – (1) filling in the Order Form and (2) clicking the field „Confirm Purchase“ – until this moment there is a possibility to modify the introduced data (in order to do that, you should follow messages displayed and information available at the Online Store’s website). It is necessary to provide the following data in the Order Form: full name/company name, address (street, building/ apartment number, postal code, city, country), e-mail address, contact phone number and details of the Sales Agreement: Product/s, the Product/s quantity, place and method of delivery, method of payment. In the case of the Service Users who are not consumers, it is necessary to specify also the name of the company and Tax Identification Number.
2.1.2.The Newsletter – the use of the Newsletter follows the fulfilment of three subsequent steps – (1) entering in the „Newsletter“ tab, visible at the Online Store’s website, an e-mail address for which the subsequent editions of the Newsletter are to be sent, (2) clicking the field „Subscribe“ and (3) confirming the willingness to receive the Newsletter by clicking the link sent to the provided e-mail address.
2.2. The use of Electronic Services by the Service User is free of charge.
2.2.1.The Newsletter at the Online Store is provided for indefinite time. The Service User may unsubscribe from the Newsletter (resign from receiving the Newsletter) at any time and without justification by sending a relevant request to the Service Provider, in particular via e-mail at hello@labbvenn.com or in writing at Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice
2.2.2.The use of the Order Form is of one-time character and it is terminated upon the submission of the Order via the Order Form or upon the earlier ceasing to submit the Order via the Order Form by the Service User.
2.3. Technical requirements necessary for cooperation with the data communication system used by the Service Provider:
2.3.1.A computer, laptop or other device with access to the Internet.
2.3.2.Access to e-mail.
2.3.3.Web browser: Mozilla FireFox ver. 11.0 and higher or Internet Explorer ver. 9.0 and higher, Opera ver. 7.0 and higher, Google Chrome ver. 12.0.0 and higher.
2.3.4.Recommended screen resolution: 1024×768.
2.3.5.Activating in the web browser the possibility to record Cookies and the Javascript service.
2.4. The Service User is obliged to use the Online Store in a manner consistent with the law and good practice, bearing in mind the respect for personal interests as well as the third party’s copyright and intellectual property rights.
2.5. The Service User is obliged to enter data consistent with the state of the facts.
2.6. The Service User is forbidden to provide content of an illegal nature.
2.7. Complaint procedure
2.7.1.Complaints related to provision of Electronic Services by the Service Provider and other complaints related to the functioning of the Online Store (except for the Product complaint procedure discussed in 6 and 7) may be submitted by the Service User:
2.7.2.in writing at: Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice
2.7.3.via email at: hello@labbvenn.com
2.7.4.It is recommended for the Service User to include the following information in the complaint description: (1) information and circumstances related to the subject of the complaint, in particular the type and the date of any irregularities; (2) demands of the Service User and (3) contact details of the person submitting the complaint, which will accelerate consideration of the complaint by the Service Provider. The aforementioned requirements are recommendations only and have no influence on effectiveness of the complaints submitted without the recommended complaint description.
2.7.5.The Service Provider will respond to the complaint immediately, no later than within 14 business days from the day it is submitted.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1.The conclusion of a Sales Agreement between the Customer and the Seller takes place following the Customer’s submission of the Order via the Order Form at the Online Store in line with 2.1.1 of the Regulations.
3.2.The Product’s price shown at the Online Store’s website is given in the PLN and EURO and includes taxes. The total price of the Product being the subject of the Order, including taxes, as well as the delivery costs (including the fees for transport, delivery and postal services) as well as other costs, and if these fees cannot be determined – information about the obligation to pay them, will be provided to the Customer at the Online Store website upon submitting the Order, also upon the Customer’s expression of intent to become bound by the Sales Agreement.
3.3.The conclusion of a Sales Agreement at the Online Store using the Order Form.
3.3.1.The conclusion of a Sales Agreement between the Customer and the Seller takes place following the Customer’s submission of the Order via the Order Form at the Online Store in line with 2.1.1 of the Regulations.
3.3.2.After the submission of the Order, the Seller immediately confirms the reception of the Order and accepts the Order for execution. The confirmation of the reception of the Order and acceptance of the Order for execution takes place by sending by the Seller of a relevant message to the Customer’s e-mail address provided during the placing of the Order, including at least the confirmation of all significant elements of the Order, the Seller’s confirmations related to: receiving the Order, accepting the Oder for execution and confirming the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned message, a Sales Agreement is concluded between the Customer and the Seller.
3.4.Recording, securing and sharing of the content of the concluded Sales Agreement with the Customer is done through (1) publishing of these Regulations at the Online Store’s website, (2) sending to the Customer a message referred to in item 3.3.2. of the Regulations. The contents of the Sales Agreement is also recorded and secured in the IT system of the Seller’s Online Store.
4. PAYMENT METHODS
4.1.The Seller provides the following payment methods:
4.1.1.Cash on delivery.
4.1.2.Payment by a standard wire transfer to the Seller’s bank account.
Account number: (payment by PLN) 12 1090 2271 0000 0001 0164 3452
Account number (peyment by Euro) PL 70 1090 2356 0000 0001 3373 5893 SWIFT (BIC) WBKPPLPP
4.1.3.Electronic payments and payments by a payment card via the DotPay – currently acceptable payment methods are specified at …..
4.1.4 Electronic payments and payments by PayPal
4.2.The settlements of transactions with electronic payments and with the credit card are conducted in accordance with the Customer’s choice via the PayU.pl.
4.3. The electronic payments and credit card services are conducted by:
4.3.1. PayU.pl – PayU S.A. , having its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000274399, registration files kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, the initial capital in the amount of 4,000,000 PLN paid in full, Tax Identification Number: 779-23-08-495.
4.4. Payment dates
4.4.1. If the Customer decides to pay by wire transfer, electronic payment method or by debit card, the Customer is obliged to make the payment within 7 calendar days from the day the Sales Agreement is concluded.
4.4.2.If the Customer decides to pay by cash on delivery, the Customer is obliged to pay for the consignment upon its delivery.
5. COST, DATE AND METHOD OF DELIVERY
5.1.Product delivery is available within the territory of the Europe.
5.2.Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including the fees for transport, delivery and postal services) are provided to the Customer at the Online Store, under the Shipments and delivery link, and upon placement of the Order, also upon the Customer’s expression of intent to become bound by the Sales Agreement.
5.3.The Seller provides the following delivery or collection methods:
5.3.1. Courier shipment, courier shipment with cash on delivery.
6. HANDLING COMPLAINTS
(FOR SALES AGREEMENTS CONCLUDED AS OF 25 DECEMBER 2014)
6.1.The basis and the scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are stipulated in the commonly binding provisions of law, in particular in the Civil Code.
6.2.The Seller is obliged to deliver the Product free of defects. Detailed information related to the Seller’s liability for the Product’s defects and to the Customer’s entitlements are provided at the website of the Online Store under the Complaints link.
6.3.The complaint may be submitted by the Customer:
6.3.1.in writing at: Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice.
6.3.2.via email at: hello@labbvenn.com
6.4 It is recommended for the Customer to include the following information in the complaint description: (1) information and circumstances related to the subject of the complaint, in particular the type and the date of any defect; (2) demands related to the method of returning the Product to the condition, in which it is compliant with the Sales Agreement or a declaration to lower the price or to withdraw from the Sales Agreement; and (3) contact details of the person submitting the complaint, which will accelerate consideration of the complaint by the Seller. The aforementioned requirements are recommendations only and have no influence on effectiveness of the complaints submitted without the recommended complaint description.
6.5.The Seller will immediately respond to the Customer’s complaint, no later than within 14 days from the day it is submitted. If the Seller fails to provide a response within the said deadline, it means that the Seller recognized the complaint as legitimate.
6.6 For traders,
-a marginal defect shall generally not constitute warranty claims defects,
-the Seller may choose the type of subsequent performance,
-for new goods, the limitation period for defects shall be one year from transfer of risk,
– for used goods, rights and claims for defects are generally excluded,
– the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.
6.7 If the Client acts as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
6.8 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
6.9.If providing a response to the Customer’s complaint or enforcing the Customer’s entitlements under a warranty requires delivering the Product to the Seller, the Customer will be asked to deliver the Product at the cost of the Seller to the address: Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice. However, if the type of the defect, type of the Product or the method of installation of the Product makes delivery of the Product by the Customer impossible or extremely difficult, the Customer will be asked to provide access to the Product to the Seller at the location of the Product, upon agreeing on a date.
7. RIGHT TO WITHDRAW FROM AGREEMENT
(FOR SALES AGREEMENTS CONCLUDED AS OF 25 DECEMBER 2014)
7.1. A consumer that concluded a remote Sales Agreement, may withdraw from it without giving the reasons and without bearing any costs by submitting an appropriate statement within 14 calendar days, except for the costs stipulated in pkt 7.8
7.1.2. the Regulations. This deadline is kept when the statement is sent prior to the deadline’s expiry. The statement may be sent, in particular, via e-mail to the following address: hello@labbvenn.com or in writing to the address: Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice.
7.2. A sample withdrawal form is available as Schedule no. 2 to the Act on Consumer Rights and is also available at the Online Store under the Withdrawal link. The consumer may use the form, yet it is not obligatory.
7.3. The run of the deadline to withdraw from the agreement begins:
7.3.1.for an agreement, where the Seller surrenders the Product and is obliged to transfer its ownership (e.g. a sales agreement) – from the moment the consumer or an indicated third party other than the carrier takes possession of the Product, and for an agreement that: (1) encompasses multiple Products delivered separately, in batches or in parts – from the moment the consumer takes possession of the last Product, batch or part, or (2) consists in regular provision of Products for a designated period – from the moment the consumer takes possession of the first of the Products;
7.3.2. for other agreements – from the day the agreement is concluded.
7.4.In the case of a withdrawal from a remote agreement, the agreement is considered not to be concluded.
7.5.The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the statement of the consumer to withdraw from the agreement, reimburse all and any payments made by the consumer, including delivery costs of the Product (except shipping costs). The Seller returns the payment via the same payment method as the one selected by the consumer, unless the consumer explicitly agreed to another method that does not incur any costs for the consumer. If the Seller did not offer to collect the Product from the consumer himself, the Seller may suspend the reimbursement of the payments received from the consumer until the Product is returned or until the consumer presents a proof of return shipment, whichever is earlier.
7.6.The consumer is obliged to immediately, no later than within 14 calendar days from the day the consumer withdrew from the agreement, to return the Product to the Seller or to provide it to the person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. This deadline is kept when the Product is shipped back prior to the deadline’s expiry. The consumer may return the Product to the address: Labbvenn ul. 11 lIstopada 3/1, 58-160 Świebodzice.
7.7.The consumer is responsible for the decreased value of the Product as a result of its use in a manner exceeding the manner necessary to determine the nature, the characteristics and the operation of the Product.
7.8.The possible costs related to the withdrawal from the agreement by the consumer shall be borne by the consumer:
a) If Customer wish to exchange any item please advise us within 14 days of receipt. Items must not have been used or damaged in anyway. You will be responsible for the cost of postage/courier for returned goods unless the original item was shipped in error.
7.8.1.If the consumer selected a delivery method of the Product other than the cheapest ordinary delivery method available at the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
7.8.2. The consumer bears the direct costs of shipping the Product back.
7.9. The right to withdraw from a remote agreement does not apply to the following agreements:
8. FINAL PROVISIONS
8.1.Agreements concluded by the Online Store are concluded pursuant to the Polish law and in the English and polish language.
8.2.Change in the Regulations:
8.2.1.The Service Provider reserves the right to change the Regulations for important reasons, namely: a change in legal regulations; changes in the methods of payment and deliveries – to the extent to which these changes affect the execution of the provisions of these Regulations.
8.2.2.If an agreement of continuous nature is concluded pursuant to these Regulations (e.g. the agreement to provide the Electronic Service – the Newsletter), the revised Regulations are binding for the Service Users, if the requirements stipulated in Art. 384 and 384(1) of the Civil Code are observed, i.e. if the Service User was properly notified about the changes and the Service User did not terminate the agreement within 14 days from the notification date. Should the change of these Regulations result in introduction of any new fees or increasing the current fees, the Service User not being a consumer is entitled to withdraw from the agreement.
8.2.3.If an agreement other than an agreement of continuous nature is concluded pursuant to these Regulations (e.g. a sales agreement), the changes to the Regulations shall in no way infringe the rights acquired by the Service Users/Customers being consumers before the changes to the Regulations entered into force, in particular changes to the Regulations shall have no impact on the Orders placed or in progress, or on the Sales Agreements concluded, executed or performed.
8.3. In the matters not regulated herein, the commonly binding provisions of Polish law apply, in particular: The Civil Code; The Act on providing electronic services dated July 18, 2002 (Journal of Laws No. 144, item 1204 as amended); for Sales Agreements concluded as of 25 December 2014 with Customers not being consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws 2014 No. 827 as amended); as well as other applicable regulations of the Polish law.