Terms of service
TERMS AND CONDITIONS OF THE ONLINE STORE
violentiam.co
- Definitions
- For the purposes of these Terms and conditions, the following definitions apply:
- Business days – days from Monday to Friday, excluding statutory public holidays;
- GPSR - Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No. 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and of the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC;
- Customer - a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit which is not a legal person but to which special regulations grant legal capacity – who places an Order for a Product presented on the Store’s website;
- Consumer – a natural person entering with an entrepreneur into a legal transaction that is not directly related to their business or professional activity;
- Civil Code – the Act of April 23, 1964, Civil Code;
- Account – a part of the Store assigned to the User, through which the User can perform certain actions within the Store, e.g., view Orders;
- Product – goods presented on the Store’s website which the Customer can purchase through distance selling;
- Entrepreneur – an entrepreneur as defined in the Civil Code, i.e. a natural person, a legal person, and an organizational unit which is not a legal person but to which special regulations grant legal capacity, conducting business or professional activity on their own behalf, excluding an Entrepreneur with consumer rights;
- Entrepreneur with consumer rights – a natural person concluding an agreement with the Seller directly related to their business activity, when it is clear from the agreement that it does not have a professional character for them, particularly as indicated by the nature of the business activity they perform as disclosed in the CEIDG (Central Registration and Information on Business). In these Terms and conditions, provisions regarding Consumers in the scope of the statutory right to withdraw from the Agreement and Product conformity with the Agreement also apply to Entrepreneurs with consumer rights;
- Terms and conditions – this model contract as defined by the Civil Code;
- Online store/Store – all components of the website operating under the domain violentiam.co;
- Seller – Weronika Burnicka, conducting business activity under the business name VIOLENTIAM Weronika Burnicka, entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Economy, with its registered office in Sosnowa 39 street, 76 - 248 Dębnica Kaszubska, Poland, Taxpayer Identification (NIP) Number: 8393245701, National Official Register of Business Entities (REGON) Number: 528372201;
- Sales agreement – a sales agreement as defined by the Civil Code, concluded between the Seller and the Customer via the Store’s website; the Sales Agreement is concluded on the terms described in these Terms and conditions;
- Agreement for the provision of Electronic services – an agreement concluded between the Seller and the User on the terms described in section III below;
- Electronic services – services as defined by the Act on Providing Services by Electronic Means, i.e. provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the User, sent and received by means of electronic processing devices, including digital compression, and data storage, fully sent, received, or transmitted via a telecommunications network as defined by the Electronic communications Act of July 12, 2024;
- User – a natural person, a legal person, or an organizational unit which is not a legal person but to which special regulations grant legal capacity, using the Store’s website;
- Order – an offer placed by the Customer for Products presented by the Seller on the Store’s website, aimed at concluding a distance Sales agreement.
- General provisions
- The Terms and conditions have been created in accordance with the requirements of legal regulations, in particular the Act on Providing Services by Electronic Means and the Consumer Rights Act, and specify, among others:
- the types and scope of Electronic services;
- conditions for the provision of Electronic services, including technical requirements necessary for compatibility with the Seller’s IT system and information regarding the prohibition for the User to supply unlawful content;
- the terms of concluding a Sales agreement;
- the terms of concluding and terminating Agreements for the provision of Electronic services;
- the statutory right to withdraw from the Sales agreement;
- the complaint procedure.
- The Seller provides Electronic services in accordance with the Terms and conditions and the provisions of applicable law.
- The Seller makes the Terms and conditions available to the User free of charge in a way that allows the User to obtain, display, and store their content using the IT system used by the User.
- The content of the store is addressed to potential Customers interested in the purchase of the Products presented by the Seller on the Store’s websites.
- The User can contact the Seller through:
- e-mail at: violentiam.vintage@gmail.com;
- phone at: +48 453 381 297;
- traditional mail, at the following address: Sosnowa 39 street, 76 – 248 Dębnica Kaszubska.
- Provision of Electronic services
- Through the Store’s website, the Seller provides the following free-of-charge electronic services: using the Store’s website, including browsing information on the website and descriptions of Products, using the contact form, subscribing to the newsletter, redirecting to the Seller’s external social media, using the keyword search on the website, creating and using an Account.
- By opening and thereby starting to use the Store’s website, an Agreement for the provision of Electronic services is concluded in the form of using the Store’s website. Such use may include, in particular, browsing through information posted on the site, ex. information on Products and Seller.
- The Agreement for the provision of Electronic services mentioned in the previous subsection is concluded for an indefinite period, and its termination occurs when the User leaves the Store’s website.
- The User who wishes to contact the Seller in matters relating to the Seller’s business activity may use the Electronic service via the contact form available on the Store’s website.
- The Agreement for the provision of the Electronic service in the form of the contact form is concluded at the moment the User sends a message via the form. The Agreement is concluded for an indefinite period and shall be terminated upon the Seller sending a reply to the message sent by the User.
- The User has the option to subscribe to an e-mail newsletter, i.e. to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the User. To subscribe, a valid e-mail address must be provided, and the subscription must be confirmed via a confirmation link sent by the Seller to the e-mail address entered in the subscription form. The User can withdraw their consent to receive the newsletter at any time.
- The Agreement for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the User requests the removal of their e-mail address from the newsletter subscription or unsubscribes using the link provided in the Newsletter messages.
- The User has the option to use an Electronic service that redirects them from the Store’s website to external platforms such as social media (like Instagram) linked to the Seller’s business activities.
- The Agreement for the provision of Electronic services in the form of redirection , as mentioned in the previous subsection, is concluded when the User clicks the icon dedicated to the specific platform to which they wish to be redirected, and is terminated when the User is redirected to that platform.
- The User may use an Electronic service in the form of a keyword search. The Agreement for the provision of Electronic service in the form of a keyword search is concluded when the User clicks the icon dedicated to searching for the entered keyword and is terminated when the search results appear on the Store’s website.
- The User of the Store also has the option to create an account on the website, ex. to browse through previously placed Orders. To create an account, the User should complete the registration process. The rules for the provision of the Account Service are set out in the sections below.
- Account
- A User of the Store who wishes to use the electronic services available within the Account may register and maintain an Account. In order to create an Account, the User shall provide the data required for registration, as indicated at the registration stage.
- Creating an Account is not required in order to place an Order for a Product. To create an Account, the User shall complete the registration process via the dedicated registration form.
- The Agreement for the provision of the Electronic service consisting of creating and using the Account is concluded at the moment of successful registration of the Account. The Agreement is concluded for an indefinite period and shall be terminated immediately upon the User submitting a request for deletion of the Account by e-mail.
- A User may not hold more than one Account associated with the same e-mail address.
- A User may not use Accounts belonging to other Users, nor make their own Account available to third parties, including by disclosing the Account password.
- By registering an Account, the User represents that the data provided in the Account registration form and in any internal forms accessible after logging into the Account are true and do not infringe the rights of third parties. When using the Account, the User may update or supplement the data provided therein.
- The Account contains the data provided by the User during registration, as well as any data voluntarily edited or updated by the User after registration.
- In the event that a User who is a Consumer or an Entrepreneur with consumer rights breaches the provisions of these Terms and conditions of the Online store, applicable law or principles of good practice, the Seller, after first issuing an ineffective request to cease or remedy the breach within a specified period, may suspend the User’s access to the Account for a period determined by the Seller, or terminate the Agreement for the provision of the Account Service subject to 14 days’ notice.
- In the event that a User who is an Entrepreneur breaches the provisions of these Terms and conditions of the Online store, applicable law or principles of good practice, the Seller may terminate the Agreement for the provision of the Account Service (delete the Account) with immediate effect, or suspend its performance in relation to the Account.
- Further information regarding potential breaches that may result in suspension or deletion of the Account under the conditions described above is provided in the section concerning the rules of use of the Store’s website.
- Technical requirements
- To enable the User to use the Store’s website, cooperation between the User’s and the Seller’s IT systems is necessary.
- The compatibility of IT systems is ensured if the User’s system meets the minimum technical requirements such as access to the Internet and appropriate software allowing the use of the Internet on the device through which the User wants to access the Store’s website.
- The use of any electronic services over the Internet, including the Electronic services provided on the Store’s website, may involve certain risks such as the introduction of harmful software into the User’s IT system or unauthorized access to and modification of User’s personal data.
- To mitigate the risks indicated in subsection 3 above, the Seller recommends using technical measures capable of preventing these risks,
ex. antivirus software.
- Terms of use of the Store’s website
- The User should use the Store’s website in accordance with its intended purpose while respecting the principles set out in these Terms and conditions, in accordance with the provisions of law as well as accepted customs.
- In particular, the User shouldn’t:
- provide and transmit content that could violate legal regulations;
- upload any programs, files, applications, including their extentions, that could negatively impact the functioning of the Store’s software, the devices enabling its operation, as well as the devices or software of other Users (including, in particular, viruses, trojans, and other malicious software);
- engage in any actions which could or would interfere with the operation of the Store’s website (such as programming or hacking activities);
- bypass the security of the Store’s website by exploiting so-called security gaps;
- use the content posted on the website beyond personal use, for instance violate property rights as specified further in the Terms and Conditions.
- Ordering a Product
- The Store’s website presents information on Products, in particular by displaying their descriptions and prices. This information does not constitute an offer within the meaning of Article 66 of the Civil Code, but rather solely an invitation to conclude a Sales agreement within the meaning of Article 71 of the Civil Code.
- The Online Store offers used Products that have been lawfully placed on the Polish market and which may bear traces of prior use or modification (including refurbishment).
- Each Product is accompanied by an individual description, in which the Seller specifies its essential characteristics, including any traces of use and other features deviating from the requirements of conformity with the Contract, i.e., from the typical characteristics of new Products.
- The Seller clearly indicates in the Product description which features deviate from conformity with the Sales agreement and ensures that the Consumer has the possibility to separately and unequivocally accept them prior to placing an Order.
- The Seller acts as a distributor of the Products within the meaning of the General Product Safety Regulation (GPSR). The Products comply with all requirements necessary for their placement on the market, are safe, and conform to the requirements of the GPSR as well as other specific European Union legislation governing product safety.
- The User may place an Order for Products using a special form for placing Orders, the so-called shopping cart (hereinafter referred to as „Cart”).
- The condition for placing an Order and thus concluding a Sales agreement is that the User has an active e-mail account.
- To place an Order using a Cart, the Customer should follow the instructions provided on the Store’s website, in particular:
- select the Product that the Customer is interested in, choose the quantity, and add to the Cart;
- enter the information necessary for the realization of the Order and the Sales agreement such as name, contact details, address for delivery, in the designated fields;
- choose the payment and delivery method offered by the Seller;
- review the Terms and conditions, the Instruction on the right to withdraw from Agreement, and the Privacy policy;
- by ticking the checkbox, declare that the Customer has read the Terms and conditions, the Instruction on the right to withdraw from Agreement, and the Privacy Policy;
- select the button finalizing the Order.
- After placing the order through the Cart, the Seller sends the Customer a confirmation of the of the Order along with information or a document regarding the prepayment indicating the payment deadline.
- In addition to the Cart, the Customer may also place an Order via e-mail or through messages sent via the Seller’s social media channels. To do so, the Customer shall contact the Seller and provide the data necessary for placing the Order and concluding the Sales Agreement in the content of the message sent via e-mail or social media, in cases where the Customer wishes to place the Order by telephone.
- The data necessary for placing the Order and concluding the Sales Agreement include, in particular, the type and quantity of the selected Product(s), the chosen payment and delivery method, and personal data required for placing the Order and concluding the Sales Agreement, i.e., first name, last name, telephone number, e-mail address, and delivery address.
- Upon receiving an Order placed via e-mail or social media message, the Seller shall send to the e-mail address provided by the Customer a message confirming receipt of the Order, including the Terms and Conditions, the Information on the Right of Withdrawal, and the Privacy Policy, which the Customer should review and subsequently accept by providing a return e-mail confirming that they have read the documents, and that they accept the terms of the Sales Agreement and the Terms and Conditions. The confirmation message of the Order may be preceded by messages intended to clarify the specific scope of the offer or the data necessary to conclude the Sales Agreement.
- Upon receiving the Customer’s return e-mail confirming that they have read the documents and accepted the terms of the Sales Agreement and the Terms and Conditions, the Seller shall send to the e-mail address from which the Order was placed, or which was provided during the telephone conversation, a confirmation of the terms of the submitted Order together with information or a document regarding prepayment, indicating the payment deadline.
- An Order placed using any of the methods described in this Section constitutes an electronic offer to conclude the Sales Agreement.
- Payments and conclusion of the Sales agreement
- The prices of Products displayed on the Online Store’s website are quoted in Polish zlotys or other currencies selectable by the Customer on the website and include all necessary fees and taxes that are required to be included in accordance with applicable law.
- At the stage of placing an Order, the Customer may select a prepayment method (hereinafter referred to as the “Prepayment”) from the following:
- Prepayment via electronic payment, including instant transfers, processed by the payment operator indicated on the Store’s website (e.g., BLIK, PayPal);
- Prepayment via bank transfer to the Seller’s account number indicated on the Store’s website or in the payment-related e-mail message.
- The Customer shall be informed of the deadline for making the Prepayment. In the case of electronic payment, the payment should be made immediately - before the expiration of the payment session provided by the operator. In the case of a traditional bank transfer, the payment should be executed within 3 days from the date of placing the Order. Failure to make the Prepayment shall result in the cancellation of the Order.
- A Prepayment shall be deemed effectively made:
- In the case of electronic payment referred to in point 2(a), upon receipt by the Seller of information from the payment agent system confirming that the Customer has made the payment;
- In the case of a bank transfer referred to in point 2(b), upon the funds being credited to the Seller’s bank account.
- After receiving the Prepayment, the Seller will send an e-mail to the Customer confirming the acceptance of the Order for execution. This e-mail constitutes the Seller’s declaration of acceptance of the Customer’s offer (in the form of a placed Order), and the Sales agreement is concluded when the Customer received the confirmation.
- The Sales agreement is concluded in either Polish or English, in accordance with the terms of these Terms and conditions.
- The Seller provides the Customer with the proof of purchase such as an e-mail confirmation of the Order or an invoice.
- In the event that the Seller uses individual price adjustments based on automated decision-making, the Seller will inform the Customer of this each time during the Order placement, taking into account the requirements imposed in this respect by the provisions on personal data protection.
- Delivery methods
- The Seller shall deliver the Products to the address provided by the Customer at the time of placing the Order, without territorial limitations.
- At the stage of placing the Order, the Customer may select one of the following delivery methods offered by the Seller:
- delivery by courier, via one of the courier companies indicated on the Store’s website;
- Polish Post;
- pickup from a parcel locker operated by one of the courier companies indicated on the Store’s website – for deliveries addressed within the territory of Poland.
- The deadline for fulfilling the entire Order, including the delivery of the Product, shall be counted from the moment of concluding the Sales Agreement, as referred to in Section VIII, point 5, and amounts to up to 5 Business Days. The delivery time is indicated on the Store’s website along with information regarding the applicable delivery charges. However, the maximum deadline for fulfilling the Order, including delivery of the Product, shall not exceed 14 calendar days in the event of delays or an increased number of Orders.
- In cases where different Products purchased under a single Order have different delivery times, the delivery period applicable to the entire Order shall be the longest period among those specified.
- Statutory right to withdraw from Agreement
- A Customer who is a Consumer, or an Entrepreneur with Consumer rights (to whom the provisions of this section apply to the same extent as to a Consumer), may withdraw from the Sales Agreement at any time, in accordance with the Consumer Rights Act, without providing any reason, by submitting an appropriate statement to the Seller within 14 days from the date of delivery of the Product. To meet this deadline, it is sufficient to send the statement before the expiry of the period.
- The Customer will also be informed about their rights regarding withdrawal from the Agreement through the Instruction on the right to withdraw from agreement which is an annex to these Terms and conditions.
- The Customer may submit a withdrawal statement independently or use the Withdrawal form attached to these Terms and conditions.
- Upon receiving the Consumer's withdrawal statement, the Seller will send confirmation of receipt of the withdrawal statement to the Consumer's email address.
- According to the Consumer Rights Act, the Consumer's right to withdraw from the agreement is excluded in the case of agreements:
- for the provision of services for which the consumer must pay a price, if the entrepreneur has fully performed the service with the Consumer's express prior consent, and the Consumer was informed before the performance began that they would lose the right to withdraw from the agreement upon completion of the service by the entrepreneur, which the Consumer acknowledged;
- where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur's control and which may occur before the withdrawal period expires;
- where the subject of the performance is a non-prefabricated item produced according to the Consumer’s specifications or intended to satisfy their individualized needs;
- where the subject of the performance is an item that is perishable or has a short shelf life;
- where the subject of the performance is an item delivered in sealed packaging that, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- where the subject of the performance is goods that, due to their nature, become inseparably mixed with other items after delivery;
- where the subject of the performance is alcoholic beverages the price of which was agreed upon at the time of concluding the sales agreement, and whose delivery can only take place after 30 days, with their value dependent on market fluctuations beyond the entrepreneur's control;
- where the consumer explicitly requested the entrepreneur to visit them for urgent repairs or maintenance; if the entrepreneur additionally provides services other than those the consumer requested, or supplies goods other than replacement parts necessary for the repair or maintenance, the right to withdraw applies from agreement only to the additional services or goods;
- where the subject of the performance is audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
- for the supply of newspapers, periodicals, or magazines, except for a subscription agreement;
- concluded at a public auction;
- for the provision of services related to accommodation other than for residential purposes, the transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies a date or period for the provision of the service;
- for the supply of digital content not delivered on a tangible medium for which the consumer must pay, if the entrepreneur began the provision with the Consumer’s express and prior consent, having informed them beforehand that they would lose the right to withdraw from the agreement upon performance, and has provided the consumer with confirmation as specified in Art. 15(1) and (2) or Art. 21(1) of the Consumer Rights Act;
- for the provision of services for which the consumer is required to pay, where the consumer explicitly requested the entrepreneur to visit them for a repair, and the service was fully performed with the consumer’s express and prior consent.
- In the event of withdrawal from a Distance agreement, the Agreement is considered null and void. Any performances provided by the parties will be returned in an unaltered state, unless alterations were necessary to establish the nature, characteristics, and functionality of the Product. The Product should be returned promptly, and no later than within 14 days from the date of submitting the statement of withdrawal from the Sales Agreement.
- The Customer should return the purchased Product to the following address: VIOLENTIAM Weronika Burnicka, Sosnowa 39 street, 76 - 248 Dębnica Kaszubska.
- The Seller will promptly, but no later than 14 days from the date of receiving the Consumer's statement of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Product (i.e. the costs of delivery of the Product from the Seller to the Customer).
- If the Consumer has chosen a delivery method different than the least expensive method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
- The Customer bears only the direct cost of returning the Product (i.e. the cost of sending the Product from the Customer to the Seller), unless the Seller agrees to cover this cost.
- The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different refund method, which will not involve any additional cost to the Consumer.
- The Seller may withhold the refund of payments received from the Customer until the Seller has received the Product back or until the Customer has provided proof of its return, depending on what occurs first, unless the Seller has offered to collect the Product directly from the Customer.
- Product compliance with the Agreement (Complaints)
- The Seller shall deliver a Product that conforms to the Sales Agreement, except for used Products, whose specific features deviate from the requirements of conformity with the Sales Agreement. The Seller shall inform the Customer about the absence of a specific feature in accordance with section VII, point 3.
- The Seller shall be liable for non-conformity of the Product with the Sales Agreement on the terms set out in the Consumer Rights Act, in relation to a Customer who is a Consumer or an Entrepreneur with Consumer rights (to whom the provisions of this Section apply to the same extent as to a Consumer).
- The Seller shall be responsible for any non-conformity of the Product with the Sales Agreement existing at the time of delivery and revealed within two years from that time, unless the Product’s shelf life, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
- The warranty is excluded for Entrepreneurs.
- Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Terms and conditions should be directed to the following address:: VIOLENTIAM Weronika Burnicka, Sosnowa 39 street, 76 – 248 Dębnica Kaszubska, to the e-mail address: violentiam.vintage@gmail.com or by phone number: +48 453 381 297.
- If possible, in order to consider the complaint, the Customer should send or deliver the Product under complaint to the address specified in the subsection above, attaching proof of purchase.
- The Customer may also use the Seller’s Complaint form, which is an annex to these Terms and conditions; however, this is not obligatory.
- The Seller is obliged to review each complaint within 14 days from the day of receipt.
- In the event of deficiencies in the complaint, the Seller will request the Customer to supplement it to the necessary extent immediately, but no later than 7 days from the date the Customer receives the request.
- If the Product does not conform to the Sales Agreement, the Customer may request its repair or replacement. The Seller may replace the Product if the Customer requests a repair, or the Seller may repair the Product if the Customer requests a replacement, if achieving conformity of the Product with the Sales Agreement in the manner chosen by the Customer is impossible or would entail excessive costs for the Seller. If 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 Sales Agreement.
- When assessing whether costs are excessive, as referred to in the preceding point, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Product with the Sales Agreement, the value of a Product in conformity with the Sales Agreement, and any excessive inconvenience to the Customer resulting from changing the method or refusing to bring the Product into conformity with the Sales Agreement.
- If the Product does not conform to the Sales Agreement, the Customer may submit a statement requesting a price reduction or withdrawal from the Sales Agreement if:
- The Seller has refused to bring the Product into conformity with the Sales Agreement in accordance with point 10 above;
- The Seller has failed to bring the Product into conformity with the Sales Agreement in accordance with Articles 43d(4)–(6) of the Consumer Rights Act, in particular by performing repair or replacement within a reasonable time from the moment the Seller was informed by the Customer of the non-conformity, and without causing excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it;
- The non-conformity of the Product with the Sales Agreement persists despite the Seller having attempted to bring the Product into conformity;
- The non-conformity of the Product with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the Sales Agreement without prior use of the remedies specified in point 10 above;
- It clearly results from the Seller’s statement or circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without causing excessive inconvenience to the Customer.
- The Seller shall refund the amounts due to the Customer resulting from the exercise of the right to a price reduction without undue delay, and no later than within 14 days from the date of receipt of the Customer’s statement requesting the price reduction.
- The Customer may not withdraw from the Sales Agreement if the non-conformity of the Product with the Sales Agreement is insignificant. It shall be presumed that the non-conformity of the Product with the Sales Agreement is significant.
- In the event of withdrawal from the Sales Agreement, the Customer shall return the Product to the Seller without undue delay and at the Seller’s expense. The Seller shall refund the Customer the price without undue delay, and no later than within 14 days from the date of receipt of the Product or proof of its return.
- In the event of withdrawal from the Sales Agreement, the Customer shall return the Product to the Seller without undue delay and at the Seller’s expense. The Seller shall refund the Customer the price without undue delay, and no later than within 14 days from the date of receipt of the Product or proof of its return.
- The Seller shall effect the refund using the same method of payment as that used by the Consumer, unless the Consumer has expressly agreed to another method of refund which does not incur any costs for the Consumer.
- Complaint regarding Electronic services
- Each User has the right to file a complaint regarding the Electronic services provided through the Store, ex. regarding various types of irregularities in the operation of the Store’s website, tabs, or account.
- Complaint may be filed be the User in any manner they choose, using all specified forms of contact. In particular, the Seller recommends contact in the form of an e-mail message. Contact details: VIOLENTIAM Weronika Burnicka, Sosnowa 39 street, 76 – 248 Dębnica Kaszubska, e-mail address: violentiam.vintage@gmail.com, telephone: +48 453 381 297.
- To facilitate the efficient processing of complaint, the Seller recommends using the Electronic service complaint form attached to these Terms and conditions. If the complaint is submitted in another form, the User is asked to include the following elements:
- a brief description indicating the nature of the complaint (a description of the situation, circumstances of the issue);
- the date of the event that is the cause of the complaint;
- personal data identifying the User enabling contact and review of the complaint.
- The Seller reviews complaints promptly, but no later than within 14 calendar days from the date the complaint is received by the Seller.
- In the event of deficiencies in the complaint, the Seller may contact the User with a request to complete it, to the extent it is necessary, giving the User 7 days from the date of receiving the request to do so.
- Information about amicable dispute resolution for Consumers
- Users who are Consumers have the option to resolve their disputes with entities other than Consumers through amicable and out-of-court means.
- The following options are available for resolving disputes as described in this section:
- a permanent consumer arbitration court, where the User can submit a request to resolve a dispute arising from a concluded agreement;
- a Regional Inspector of Commercial Inspection, to whom the Consumer can submit a request to initiate mediation proceedings to amicably resolve a dispute between the Customer and the Seller;
- a district (municipal) consumer rights advocate or social organization tasked with consumer protection, which can provide assistance with agreement-related matters.
- Consumers can find detailed information on out-of-court complaint resolution methods and claims processing on the website http://www.uokik.gov.pl as well as at the offices and websites of district (municipal) consumer rights advocates and social organizations dedicated to consumer protection
- Intellectual property
- All content available on the Store’s website, such as, but not limited to, the name, domain, logo, Product descriptions, Product images, legal documents (Terms and Conditions, Privacy Policy), as well as any other descriptions and information published on the website (hereinafter referred to as the “Content”) constitute works within the meaning of the Copyright and Related Rights Act and are protected under copyright law.
- The Seller declares that the proprietary rights to the works are not in any way limited or encumbered by rights of third parties.
- The Seller declares that, depending on the Content available on the Store’s website, it has the right to grant a license or a sub-license to use the Content, in accordance with the Copyright and Related Rights Act.
- For the purposes of these Terms and Conditions, a License shall mean both a license and a sub-license within the meaning of the Copyright and Related Rights Act.
- The Seller grants the User a perpetual, free-of-charge, non-territorially limited, and non-exclusive License to use all Content referred to in point 1 above.
- The Seller grants the User a License to use the Content in the following fields of exploitation solely and exclusively for the User’s personal use, namely:
- Accessing and viewing the Content on the Store’s website while using the website;
- Printing the Content solely for the User’s non-commercial personal needs;
- Temporary reproduction of the Content in the device’s memory for the purpose of using the Store in accordance with its intended purpose.
- The Seller grants the User a License to the Content available on the Store’s website at the moment the User accesses its pages.
- The User shall not have the right to grant sub-licenses with respect to the Licenses granted under this Section of the Terms and Conditions.
- The User shall not, without the Seller’s written consent, in any way disseminate, modify, share, or otherwise use the Content beyond the scope specified above.
- Any breach by the User of the rules set out in this Section shall constitute an infringement of the Seller’s or other parties’ copyrights, which may entail civil and criminal liability.
- Personal data and cookies
- By providing personal data through the Store's website, for example entering data into a contact form or concluding a Sales agreement, the User makes the Seller the data controller, as defined by personal data protection regulations (GDPR).
- The User's personal data may also be processed through the use of cookies.
- More information regarding the processing of personal data and the use of cookies is available in the Privacy policy.
- Final provisions
- The Terms and conditions are available in the Polish and English language.
- The law governing the resolution of any disputes arising from these Terms and conditions is Polish law, unless mandatory provisions of law stipulate otherwise.
- These Terms and Conditions, as well as agreements concluded through them, shall be governed by Polish law. However, if the laws applicable to a Consumer or an Entrepreneur with Consumer rights, according to their place of residence, provide for more extensive protection than Polish law, the provisions more favourable to the Consumer or the Entrepreneur with Consumer rights shall apply.
- In the case of disputes with Users who are Consumers or Entrepreneurs with Consumer rights, the competent court shall be determined in accordance with the provisions of the Code of Civil Procedure. For disputes with Users who are Entrepreneurs, the locally competent court shall be the one appropriate for the Seller’s registered office.
- The Terms and Conditions may be amended in the event of changes in applicable law, changes to the Seller’s contact information, modifications regarding Customer service, such as changes in the delivery methods of Products, changes in the Store’s assortment affecting the provisions of the Terms and Conditions, or the introduction of changes by adding/removing features available on the website that may affect the content of the Terms and Conditions – of which Users shall be informed by the Seller through a notice posted on the Store’s homepage.
- The changes to the Terms and conditions will come into effect 14 days from the date of their announcement.
- If the amendments to the Terms and Conditions concern rules related to the use and management of an Account, Users holding an Account shall also be informed of the changes by e-mail sent to the address provided during the Account registration. Users holding an Account who do not accept the new content of the Terms and Conditions shall be obliged to notify the Seller within 14 days from the date they are informed of the amendment. Failure to accept the Terms and Conditions shall be deemed equivalent to termination of the Agreement for the provision of the electronic service in the form of maintaining an Account, and, consequently, the User’s Account shall be deleted.
- Amendments to the Terms and Conditions shall not affect the rights and obligations arising from agreements concluded prior to the introduction of the amendments. For such agreements, the Terms and Conditions accepted by the User at the time of concluding the agreement shall apply.
- The current version of the Terms and conditions is effective from …………. 2025 r.
Attachment no. 1 – Instruction on the right to withdraw from Agreement
Statutory right to withdraw from Sales agreement
Please be informed that you have the right to withdraw from the concluded Sales agreement within 14 days without providing any reason.
The withdrawal period expires 14 days from the date:
- on which you acquire possession of the item, or the last from the items if the contract involves the transfer of ownership of multiple items delivered separately; or on which you acquire possession of the last batch or part if the contract involves the transfer of ownership of items delivered in batches or parts;
- when a third party other than the carrier and indicated by you has taken possession of the goods, or the last of the goods, if the agreement involved the transfer of ownership of multiple items delivered separately, or the last batch or part if the agreement involved the transfer of ownership of items delivered in parts or batches.
To exercise the right of withdrawal from the agreement, you must inform us of your decision to withdraw from the Sales agreement by submitting an unequivocal statement using any form of communication, including in particular:
- traditional mail: VIOLENTIAM Weronika Burnicka, Sosnowa 39 street, 76 – 248 Dębnica Kaszubska;
- e-mail at: violentiam.vintage@gmail.com;
- telephone at: +48 453 381 297.
You may use our withdrawal form template, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the information regarding the exercise of your right of withdrawal before the withdrawal period expires.
Effects of Withdrawal from the Sales agreement
In the event of withdrawal from this agreement, we will refund all payments received from you, including the costs of delivery (except for additional costs resulting from your chosen method of delivery other than the least expensive standard delivery method offered by us) promptly and, in any event, no later than 14 days from the day we are informed of your decision to exercise the right of withdrawal from this agreement.
We will make the reimbursement using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the item back or you have supplied evidence of having returned it, whichever occurs first, in cases where the agreement involved the sale of goods.
Please return or hand over the product to the address: VIOLENTIAM Weronika Burnicka, Sosnowa 39 street, 76 – 248 Dębnica Kaszubska, promptly and in any event no later than 14 days from the day on which you informed us of your withdrawal from this agreement. The deadline is met if you send back the item before the 14-day period has expired.
You will be responsible for the direct cost of returning the item, i.e. the cost of sending the Product back to the Store.
You are liable for any diminished value of the item resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the item.
Attachment no. 2 – Withdrawal from Sales agreement form
Recipient’s (Customer’s) details:
……………………………
…………………………...
……………………………
VIOLENTIAM Weronika Burnicka
Sosnowa 39 street
76 – 248 Dębnica Kaszubska
Withdrawal from Sales agreement form
I hereby declare that I want to withdraw from the Sales agreement for the Product purchased in your Store on…………………………………….. .
Product name: …………………………………………
Order number: * …………………………………………..
The Product was received on: …………………………………………………… .
*◻ I hereby consent to the refund being made to the following bank account number:
…………………………………………………………………………………… .
If you run a sole proprietorship and purchased the product under a sales agreement directly related to your business activities, select the appropriate answer:
❏ I hereby declare that the sales agreement DOES NOT have a professional character for me, particularly as it does not relate to the subject matter of my business activity.
❏ I hereby declare that the sales agreement HAS a professional character for me, particularly as it relates to the subject matter of my business activity.
………………………………
Date and signature
. * optional
Attachment no. 3 – Product complaint form
Recipient’s (Customer’s) details:
……………………………
…………………………...
……………………………
VIOLENTIAM Weronika Burnicka
Sosnowa 39 street
76 – 248 Dębnica Kaszubska
Product complaint
I hereby inform you that the Product purchased by me on ...................................... named: ……………………………………………., ordered under Order number: ** …………………………….. does not conform to the Agreement.
The non-conformity of the Product with the Agreement was identified on ………………………………….. and consists of: ..............................................................................................................................................................
..............................................................................................................................................................
In view of the above, and based on the Consumer Rights Act of May 30, 2014, I request:
- replacement of the product with a new one under Article 43d(1) of the Consumer Rights Act *)
- free repair of the product under Article 43d(1) of the Consumer Rights Act *)
- reduction of the product's price by the amount of PLN ................................. (in words: …………………………………………………………………
...................................................................................................................................................................). Please refund the specified amount to account ........................................................................................................ / by postal order to my address, under Article 43e(1) of the Consumer Rights Act *)
- I am withdrawing from the agreement and request a refund of the product price to account …...................................................................... ...................................................................................... / by postal order to my address, under Article 43e(1) of the Consumer Rights Act *)
If you run a sole proprietorship and purchased the product under a sales agreement directly related to your business activities, select the appropriate answer:
◯ I hereby declare that the sales agreement does not have a professional character for me, particularly as it does not relate to the subject matter of my business activity.
◯ I hereby declare that the sales agreement HAS a professional character for me, particularly as it relates to the subject matter of my business activity.
Yours faithfully,
.....................................
Date and signature
** to fill in optionally
* delete if not applicable
Attachment no. 4 – Electronic Service complaint form
Recipient’s (Customer’s) details:
……………………………
…………………………...
……………………………
VIOLENTIAM Weronika Burnicka
Sosnowa 39 street
76 – 248 Dębnica Kaszubska
Statement of Complaint for an Electronic Service
I hereby inform that, in connection with the use of electronic services on the Online Store’s website, I am submitting a complaint regarding the following service or services. …………………………………….. (e.g. browsing content on the Store website, using an account).
The issue occurred on ……………………………………… (please specify date and time) and consisted of: …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….(please describe the issue, e.g. an error when sending a message via the contact form).
………………………………
Date and signature