ONLINE STORE REGULATIONS www.venve.pl
§ 1 GENERAL PROVISIONS
These Regulations define the general terms, conditions and method of sale conducted by “CONVERIS” Sp. z o.o. with its registered office in Międzyrzecz (66-300), ul. Kazimierza Wielkiego 61A, NIP 5961736489, REGON 080473992, entered into the register of entrepreneurs maintained by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register under KRS number 0000367270 (hereinafter referred to as: “Seller”), via the online store www.venve.pl (hereinafter referred to as: “Online Store”) and define the rules and conditions of free services provided by “CONVERIS” Sp. z o.o. electronically.
§ 2 DEFINITIONS
1. Whenever the Regulations refer to:
a) Price – the value expressed in monetary units, which the Customer is obliged to pay for the Product as part of the Order placed in the Online Store. The prices given in the Store are expressed in Polish zlotys and are gross prices;
b) Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to whom special regulations grant legal capacity, for whom services will be provided electronically in accordance with the Regulations and/or with whom a sales agreement may be concluded under these Regulations;
c) Registered User – a Customer who has created an Account in the Online Store and uses the Electronic Service as a logged-in User;
d) Unregistered User – a Customer who has not created an Account in the Online Store and who does not use the Electronic Service as a logged-in User;
e) Consumer – a Customer who enters into a legal transaction with the Seller that is not directly related to his/her business or professional activity; the provisions of the Regulations concerning Consumers/Consumer also apply to a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity;
f) Entrepreneur – a natural person, legal person and an organizational unit that is not a legal person, to whom a separate act grants legal capacity, performing business activity on its own behalf, performing a legal act with the Seller directly related to its business or professional activity;
g) Products – products offered in the Online Store and subject to sale, which are the subject of the Order;
h) Order – submission of a declaration of intent by the User about the desire to purchase a Product at the price indicated on the Online Store’s pages, leading to the conclusion of a sales agreement with the Seller.
i) Account – part of the Online Store, through which a registered and logged-in Registered User can enter and manage data,
as well as place Orders and obtain information about Orders placed in the Online Store, conclude Paid Agreements, and use other Electronic Services;
j) User Profile – part of the Account, through which a registered and logged-in User can manage their data (including personal data),
in particular modify data to the extent indicated in the Account;
k) Electronic Service – a service provided electronically on the basis of the Regulations and through the Website pages, consisting of elements available to registered Customers, as well as elements available to unregistered Customers, but nevertheless presented through the transfer of data at the individual request of the Customer; The Electronic Service consists of, among others, the possibility of using the Account; User Profile, as well as the possibility of placing Orders and concluding Paid Agreements;
l) Consumer Rights Act – the Act of 30 May 2014 on consumer rights; m) GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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.
§ 3 GENERAL PRINCIPLES
1. Electronic services and the sale of Products are provided by the Seller, who is an entrepreneur, i.e.: “CONVERIS” Sp. z o.o. with its registered office in Międzyrzecz (66-300), ul. ul. Kazimierza Wielkiego 61A, NIP 5961736489, REGON 080473992, entered into the register of entrepreneurs maintained by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register under KRS number 0000367270.
2. The Seller is the administrator of Customer data. The principles of privacy protection, including personal data and the use of Cookies by the Seller are described in the Privacy Policy available at: https://venve.pl/wp-content/uploads/2024/02/ochrona_danych.pdf
3. The Seller can be contacted by e-mail and telephone number: kontakt@venve.pl, +48 786 909 337
4. The Seller provides electronic Services and sells Products in accordance with these Regulations and the provisions of generally applicable law, including the Act on the provision of services by electronic means and the Act on consumer rights. 5. The mere use of the Electronic Service through the Account does not entail any financial consequences for the User (obligation to pay the Price). In order to conclude a Paid Agreement, you must place an order for Products.
§ 4 RULES OF PROVIDING ELECTRONIC SERVICES
1. The Customer may use the Electronic Service, including browsing the content posted
in the Online Store under the terms and conditions specified in these Regulations.
2. The Electronic Service consists of:
a) browsing the content of the Store by the Customer;
b) the possibility of placing an Order and concluding a sales agreement as an Unregistered User;
c) the possibility of placing an Order and concluding a sales agreement as a Registered User
d) registering an Account;
e) logging in to the Account;
f) resetting the Account password;
g) viewing and changing elements of the Account, including the User’s profile (to the extent indicated in the User’s Account);
h) viewing (on the Account) the history and status of placed Orders;
i) receiving notifications from the Account;
j) the possibility of observing the availability of specific Products;
k) the possibility of deleting the Account by sending a notification to the email address: kontakt@venve.pl (i.e. terminating the Electronic Service Agreement);
l) saving and storing products in the basket;
m) configuring Order parameters (including delivery, payment);
n) changing password;
o) the ability to subscribe to the newsletter service;
p) the ability to publish opinions about the ordered Product.
§ 5 TECHNICAL REQUIREMENTS
1. To use the Electronic Service, you must have access to the Internet
and a browser: Chrome 71 or higher, Firefox 64 or higher, Internet Explorer 11 or higher, Safari 12.1 or higher;
2. During the registration of the Account, as well as the use of the Electronic Service, the Customer is obliged to provide true data.
3. The Customer is obliged to read and comply with the content of these Regulations. Before starting to use the service, the Customer has the opportunity to read the content of the Regulations.
4. To register an Account in the Online Store, the Customer must provide personal data, including an e-mail address and create a password consisting of at least 8 characters, including 1 special character and at least 1 capital letter.
5. Account registration means confirmation that the Customer has read and accepted the privacy policy and the Regulations.
6. When the “register” button is selected, the Agreement for the provision of Electronic Services is concluded, in connection with which the User will receive – to the provided e-mail address – an activation link and confirmation of the conclusion of the Agreement for the provision of Electronic Services. The link is active for 7 days. In the event of failure to receive the indicated activation link, contact the Seller at the e-mail address indicated in § 3, paragraph 3 of the Regulations. 7. In order to register, the User must have an active e-mail account. The e-mail address provided during registration identifies the User in the Online Store. Only one Account may be created for the provided e-mail address (login).
§ 6 USE OF THE ACCOUNT AND OTHER ELEMENTS OF THE ELECTRONIC SERVICE
1. Use of the Account is subject to the User’s registration and logging into the Account.
2. The use of the Electronic Service involves typical risks related to the use of the Internet and online services. The Registered User is obliged
in particular to protect access to their Account with an appropriately strong password.
3. If the Registered User forgets the password to the Account, it is possible to reset it by selecting the “forgot password” button. The password is reset after the Registered User provides the e-mail address that was provided during Registration. A message is sent to this e-mail address
with a link to the website, enabling the setting of a new password for the Account.
4. Notifications regarding the use of the Account, as well as the statuses of concluded Paid Agreements, will be sent to the e-mail address provided by the Customer
in the registration form. 5. The Customer is obliged to refrain from:
a) providing false personal data, both at the stage of Account registration and later when using the Account;
b) providing and publishing content that is unlawful, untrue, infringes the personal rights of third parties protected by law, copyright and related rights or using the Online Store for such purposes;
c) publishing advertising content, the distribution of which on the Internet is prohibited;
d) copying, modifying, distributing, transmitting or otherwise using any elements of the Service and databases provided on the Service, except for their use within the permitted scope;
e) taking any action that may hinder or disrupt the functioning of the Online Store;
f) granting access to the Account to other persons.
§ 7 TERM OF THE AGREEMENT ON USING THE ELECTRONIC SERVICE AND DELETING THE ACCOUNT IN THE SERVICE
1. The Registered User has the right to submit a request to the Seller to delete the Account at any time by pressing the “delete account” button available after logging into the Account. The Account will be deleted within 14 days of submitting the request. Deleting the account has no impact on the effectiveness and fulfillment of orders placed.
2. In the event of a violation of the Regulations (due to the User’s fault), the Seller has the right to block the Account (for the time needed to clarify the matter – no longer than 30 days) or even delete the Registered User’s Account, with immediate effect (termination of the agreement with immediate effect). Termination with immediate effect will be preceded by a request to cease the violations
with a deadline of at least 7 days set, unless termination of the agreement with immediate effect is necessary to ensure compliance of the Service
with the provisions of generally applicable law. 3. The Seller has the right to block content or Accounts in the event of receiving a decision, resolution or other ruling of an authorized law enforcement body, court or public administration or obtaining credible information about the unlawful nature of the data or related activities, the Seller will immediately prevent access to such data.
4. In the event of non-use of the Account for a period of at least 24 months, the Seller may terminate the Electronic Service Agreement with a one-month notice period.
5. The Seller may terminate the Electronic Service Agreement with a one-month notice period – in the event of liquidation of the Online Store.
6. A statement of termination of the Electronic Service Agreement, blocking of the Account or blocking of specific content posted by the Customer will be sent to the e-mail address indicated on the Account (provided for Registered Users) or when placing an order (for Unregistered Users), along with the justification for this decision, unless the blocking of content or Account is made at the request of an authorized body and the regulations prohibit the provision of the indicated information. 7. Account deletion (termination of use of the Electronic Service) means loss of access to materials made available on the Account (without losing the right to access your data in accordance with the provisions of the GDPR). Despite Account deletion, the Seller may process the User’s personal data, among others, to the extent necessary to pursue the Seller’s legitimate interest, i.e. to pursue, determine or defend against claims, as well as to perform public law obligations (e.g. tax). 8. Account deletion by the User does not exclude the possibility of re-registration by the same person, unless the Account was deleted by the Seller due to the Customer’s fault, and the limitation period for claims for breach of the Electronic Service Agreement has not yet expired.
§ 8 PLACING ORDERS
1. Information regarding Products in the Store does not constitute an offer
within the meaning of the Civil Code, but an invitation to submit offers (Orders) by Users.
2. To place an Order, you must:
a) Add a Product to the cart;
b) Go to the cart, and then click the “Go to order form” button;
c) Optionally – create an Account in the Online Store, and then log in to the Account;
d) Enter the data for the Order, and then confirm the Order by selecting the “I am ordering with an obligation to pay” button.
3. The Seller confirms the conclusion of the Paid Agreement by sending the details of the Order.
4. The Regulations are provided before the conclusion of the Paid Agreement at the stage of registering the Account or at the stage of providing data for the Order for Unregistered Users.
5. Orders are processed in Poland and Orders must be placed in Polish.
6. Failure to make payment within 7 days leads to automatic cancellation of the order.
7. The Supplier indicates on the Online Store pages which Products are available.
In the event that the Product covered by the Order is not available, the Supplier will immediately inform the Customer about this.
8. The Customer may place Orders in the Store 24 hours a day, 7 days a week, subject to the remaining provisions of the Regulations,
in particular the provisions regarding technical breaks.
§ 9 OFFERED DELIVERY AND PAYMENT METHODS
1. The User may use the following methods of delivery or collection of the ordered Product:
a) Shipment by courier selected by the Seller
b) Personal collection available at the address: ul. Kazimierza Wielkiego 61A in Międzyrzecz (66-300).
2. In the case of delivery of the Product to the Customer, delivery is subject to payment
3. Personal collection of the Product by the Customer is free of charge.
4. If the Customer has chosen a delivery method other than personal collection, the shipment will take place within ……………………….… days from the date of placing the order.
5. The Customer will be additionally informed by the Seller about the readiness of the Product for collection or shipment – depending on the selected delivery method – by sending an appropriate e-mail or SMS message to the Customer’s e-mail address or phone number provided when placing the Order. 6. In the case of personal collection, failure by the Customer to collect the Product within the specified time and failure by the Customer to agree on a different date for collection of the Product with the Seller is tantamount to resignation from the purchased Product.
7. The User may use the following payment methods:
a) via electronic payment service; by selecting this payment method, the User is redirected to the bank’s transaction service, after logging in, the User receives a ready-to-accept transfer form with the appropriate amount, transfer title and recipient’s data.
b) traditional transfer to the Seller’s bank account – payment should be made to the bank account number: ………………………………………………………. with the following Customer data: First name and last name, stating in the transfer title the Order number specified in the sent confirmation of acceptance of the Order – the Order will be processed after the payment for the prepayment for the placed Order is posted to the Seller’s account;
§ 10 WITHDRAWAL FROM THE CONTRACT
1. In accordance with art. 38 sec. 1 item 3 of the Consumer Rights Act, the Customer is not entitled to withdraw from a contract concluded outside the business premises or remotely, in the case of the purchase of non-prefabricated Products, manufactured according to the Consumer’s specifications or intended to meet their individual needs.
2. In other cases, the Customer has the option to withdraw from the Purchase Agreement (Order) without giving a reason and incurring costs within 14 days from the date of conclusion of the Purchase Agreement.
3. To withdraw from the contract, the Customer should notify the Seller of this before the expiry of the indicated deadline, by means of an unequivocal statement, by e-mail or traditional correspondence. In order to meet the deadline for withdrawal from the contract, it is sufficient to send information regarding the exercise of the right to withdraw from the contract before the expiry of the deadline for withdrawal from the contract. In the event of withdrawal from the Agreement, the contract is considered not concluded and all services of the parties are refunded (if they were performed).
4. In the event of withdrawal from the Sales Agreement, it is considered not concluded.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement, return to the Customer all payments made by him, including the cost of Delivery. However, the Seller may withhold the return of payments received until the Product is received back or proof of sending back the Product is provided.
6. If the Customer exercising the right of withdrawal has chosen a method of delivery of the Product other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
7. The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Product to the Seller’s address before the expiry of this period.
8. The Seller shall return the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
9. For a successful return, it is necessary to return the Product without any traces of use.
§ 11 COMPLAINTS
1. A physical defect of the Product occurs in particular when the Product:
1) does not have the properties that it should have due to its intended purpose;
2) does not have the properties that the Seller assured about;
3) was delivered in an incomplete state;
2. The Seller shall not be liable for the lack of conformity of the Product with the contract to the extent that the Customer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the Product deviates from the requirements of conformity with the contract and clearly and separately accepted the lack of a specific feature of the Product.
3. In the event of purchase of the Product by a User who is an Entrepreneur, at the time of delivery of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Entrepreneur. In such a case, the Seller shall not be liable for loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Entrepreneur and for delay in the transport of the shipment. 4. In the event of sending the Product to a User who is an Entrepreneur via a carrier, the Entrepreneur is obliged to immediately examine the shipment in the manner accepted for shipments of this type. If it finds that the Product has been damaged during transport, it is obliged to perform all actions necessary to establish the carrier’s liability.
5. In accordance with art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the User who is an Entrepreneur is excluded.
6. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods if:
a) it was carried out by the Seller or under his responsibility;
b) improper installation carried out by the Customer resulted from errors in the instructions provided by the entrepreneur or a third party.
7. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods if:
a) it was carried out by the Seller or under his responsibility;
b) improper installation carried out by the Customer resulted from errors in the instructions provided by the Seller.
8. The time for considering a complaint is 14 days from the date of receipt of the complaint by the Supplier. If the Supplier does not provide the Consumer with a response to the complaint
within the time limit referred to in the previous sentence, it is considered that the complaint has been accepted.
9. If the complaint submitted by the Consumer is considered in the Consumer’s favor, the Supplier will immediately replace the defective Product with a defect-free one.
10. The above provisions regarding complaints do not exclude the possibility for the Customer to pursue their rights in accordance with applicable law, including
in court proceedings or out-of-court dispute resolution methods.
11. Detailed information on the possibility of using out-of-court complaint and claim settlement procedures by an individual User who is a Consumer (within the meaning of generally applicable law, including the Civil Code) and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:
a) http://www.uokik.gov.pl/spory_konsumenckie.php
b) http://www.uokik.gov.pl/sprawy_indywidualne.php
c) http://www.uokik.gov.pl/wazne_adresy.php
12. An individual User who is a Consumer may obtain free assistance in resolving a dispute by also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation on the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porad@dlakonsumentow.pl.
13. An individual user has the option of using out-of-court methods of handling complaints and pursuing claims in accordance with the principles set out on the website www.uokik.gov.pl in the tab “resolution of consumer disputes” and from the Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr/, in accordance with the content of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes).
§ 12 TECHNICAL ASSISTANCE
The Seller has the right to a temporary break in the provision of the Service, related to the introduction of technical changes in the Store (hereinafter “Technical Break”). The Supplier will exercise the utmost diligence to ensure that Technical Breaks take place at night and last as short as possible.
§ 13 AMENDMENT OF THE REGULATIONS AND FINAL PROVISIONS
1. The Seller reserves the right to amend these Regulations for the following important reasons:
a) if a change to the Regulations is necessary due to a change in the provisions of generally applicable law that have a direct impact on the content of the Regulations – respectively in this respect,
b) changes resulting from security reasons, including those aimed at preventing the use of the service in a manner contrary to the provisions of the law,
c) introduction of significant changes in the functioning of the Service, including those related to
technical or technological progress, including changes in the Seller’s systems,
d) increasing the transparency of the provisions of the Regulations,
2. The Seller will exercise due diligence to ensure that access to the Store and the execution of the Order in accordance with the Regulations are carried out correctly, however, due to the properties of the Internet and computer equipment independent of the Supplier, the Supplier does not guarantee uninterrupted and undisturbed access to the Store. 3. The Seller shall not be liable for technical problems or technical limitations occurring on the computer equipment used by the Customer (e.g. blockages, incorrect software versions, antivirus programs and others),
which prevent the Customer from accessing the Store and contacting the Seller during the execution of the Order, in particular the Seller shall not be liable for the Customer’s use of the Store in breach of the provisions of these Regulations.
4. The Seller shall not be liable for problems in placing and executing the Order, if they occurred as a result of events beyond the control and beyond the Seller’s control, in particular in the case of problems related
to the functioning of services provided directly by entities intermediating in the handling of payments and force majeure events.
5. The Seller shall not be liable for the consequences resulting from third parties gaining possession of the Customer’s password.
6. The Seller undertakes to continuously provide information on the planned change to the Regulations within 14 days before the planned change on the Store’s website. The change to the Regulations does not apply to Agreements concluded before the new Regulations come into force. Modification of the Service (change of content or digital services that are its component) requires a change of the Regulations, unless the conditions indicated in the paragraphs below apply. In this case, the Seller will inform in a clear and understandable manner about the change made.
7. Modifications of the Service that do not limit the rights or increase the obligations of the User do not require a change of the Regulations, which consist of:
a) technical changes related to increasing the level of security (in accordance with the provisions on the protection of personal data) or the level of functionality (including error correction),
b) changes increasing the scope (e.g. additional benefits) of the elements of the Electronic Service.
8. In matters not regulated in the above Regulations, the relevant provisions of generally applicable law shall apply.
9. The Agreement for the provision of the Electronic Service and the Agreement for the sale of Products are concluded in Polish. The Service is conducted in Polish and is addressed to persons located in the territory of the Republic of Poland.
10. No provision of the Regulations may be understood as excluding or limiting the rights of the Customer.
11. The Regulations are effective from 23/07/2024.
