Vintelio.com Online Store Terms and Conditions

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This Online Store Terms and Conditions was prepared by the legal team at Prokonsumencki.pl. The Vintelio.com Online Store cares about consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Any contract provisions less favorable to the consumer than those stipulated by the Consumer Rights Act are null and void, and the provisions of the Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above regulations, those regulations shall prevail and apply

1. General Provisions

1.1. The Online Store available at www.vintelio.com is operated by Julia Sikora, conducting business under the name VINTELIO JULIA SIKORA, registered in the Central Registration and Information on Business of the Republic of Poland, maintained by the minister responsible for economic affairs, with the following details: business and correspondence address: ul. Macieja 14, 72-006 Mierzyn, NIP: 8513299563, REGON: 526408432, email: contact@vintelio.com, phone: +48 453 490 708.

1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision states otherwise.

1.3. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period, and on the basis and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily includes rules regarding the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and period of processing, as well as the rights of data subjects and information on the use of cookies and analytical tools. Use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).

1.4.2. BLOG – An Electronic Service, an online blog run by the Service Provider for all visitors to the Online Store.

1.4.3. BUSINESS DAY – One day from Monday to Friday, excluding public holidays in Poland

1.4.4. CONTACT FORM – An Electronic Service, an interactive form available in the Online Store allowing the User to send an inquiry to the Service Provider.

1.4.5. REGISTRATION FORM – A form available in the Online Store allowing the creation and login to an Account.

1.4.6. ORDER FORM – An Electronic Service, an interactive form available in the Online Store allowing the placement of an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including delivery and payment methods.

1.4.7. CUSTOMER –(1) a natural person with full legal capacity, or, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.8. CIVIL CODE – The Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2024, item 1061, as amended). (Poland)

1.4.9. ACCOUNT – An Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual email address provided by the User, where data provided by the User and information about Orders placed by them in the Online Store are collected.

1.4.10. NEWSLETTER –An Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Users using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.

1.4.11. ILLEGAL CONTENT – Information that, in itself or by reference to an act, including the sale of Products or provision of Electronic Services, is not compliant with European Union law or the law of any Member State that is consistent with EU law, regardless of the specific subject or nature of that law.

1.4.12. PRODUCT – A movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller

1.4.13. TERMS AND CONDITIONS – These Online Store Terms and Conditions.

1.4.14. ONLINE STORE – The Service Provider’s online store available at: www.vintelio.com.

1.4.15. SELLER, SERVICE PROVIDER – Julia Sikora, conducting business under the name VINTELIO JULIA SIKORA, registered in the Central Registration and Information on Business of the Republic of Poland, with business and correspondence address: ul. Macieja 14, 72-006 Mierzyn, NIP: 8513299563, REGON: 526408432, email: contact@vintelio.com, phone: +48 453 490 708.

1.4.16. SALES AGREEMENT – The sales agreement for a Product concluded or entered into between the Customer and the Seller via the Online Store.

1.4.17. ELECTRONIC SERVICE – A service provided electronically by the Service Provider to the User via the Online Store.

1.4.18. USER – (1) a natural person with full legal capacity, or, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.19. CONSUMER RIGHTS ACT – The Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2023, item 2759, as amended).

1.4.20. ORDER – The Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

2. Electronic Services in the Online Store

2.1. The following Electronic Services are available in the Online Store: Blog, Account, Contact Form, Order Form, and Newsletter.

2.1.1. Blog – Browsing the Blog is possible by navigating to the “Blog” tab visible on the Online Store website. The resources of the Blog are available to all visitors of the Online Store without the need to provide any data or perform any other actions. Within the Blog, the Service Provider publishes articles and news, in particular relating to the subject matter of the Online Store and its Products. The Service Provider may also make available the option to publish comments on the Blog—after providing the required data such as the content of the comment, the name and surname/business name of the User, and their email address. Comments submitted by Users should always pertain to the content being commented on. Comments submitted by Users express solely their opinions and do not constitute the opinion of the Service Provider.

2.1.1.1. The Blog Electronic Service is provided free of charge. The User may, at any time and without stating a reason, cease using the Blog by closing the web browser or leaving the Online Store website. The display of a comment on the Blog requires its approval by the Service Provider.

2.1.2. Account – Use of the Account is possible after the User has completed two consecutive steps: (1) entering their email address and password for the Account in the Registration Form, and (2) clicking the “Register” button—at which point the Account becomes active.

2.1.2.1. The Account Electronic Service is provided free of charge for an indefinite period. The User may, at any time and without stating a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: contact@vintelio.com or in writing to: ul. Macieja 14, 72-006 Mierzyn.

2.1.3. Contact Form – Use of the Contact Form is possible after (1) completing the Contact Form available in the “Contact” tab visible on the Online Store website, and (2) clicking the “Send” button on the Online Store website after completing the Contact Form—until that moment, it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Contact Form, it is necessary for the User to provide the content and subject of the inquiry to the Service Provider and the User’s contact details: name and surname/business name and email address, which will enable the Service Provider to respond.

2.1.3.1. The Contact Form Electronic Service is provided free of charge and is one-off in nature, ending upon submission of an inquiry via the form or upon earlier cessation of submitting an inquiry via the form by the User.

2.1.4. Order Form – Use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placement of an Order occurs after the Customer has completed two consecutive steps: (1) completing the Order Form and (2) clicking the “Buy and pay” button on the Online Store website after completing the Order Form—until that moment, it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following Customer data: name and surname, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT ID number.

2.1.4.1. The Order Form Electronic Service is provided free of charge and is one-off in nature, ending upon submission of an Order via the form or upon earlier cessation of submitting an Order via the form by the User.

2.1.5. Newsletter – Use of the Newsletter occurs after the User has completed three consecutive steps: (1) entering in the “Newsletter” section visible on the Online Store website the User’s email address to which subsequent editions of the Newsletter are to be sent, (2) clicking the action button displayed next to the field, e.g., “Subscribe” or another with a similar meaning, and (3) confirming the desire to subscribe to the Newsletter by clicking the confirmation link sent automatically to the provided email address—at that moment, the provided email address is subscribed to the Newsletter. Subscription to the Newsletter may also be made, if such an option is available, by checking the appropriate checkbox during the Order placement or Account registration process—upon placing the Order or creating the Account, the User is subscribed to the Newsletter.

2.1.5.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The User may, at any time and without stating a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: contact@vintelio.com or in writing to: ul. Macieja 14, 72-006 Mierzyn.

2.2. Technical requirements: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser (Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge); (4) enabled cookies and JavaScript.

2.3. The User is obliged to use the Online Store in accordance with the law and good manners, respecting personal rights and intellectual property. The User is obliged to provide accurate data. The User is prohibited from providing unlawful content, including Illegal Content.

2.4. The complaint procedure for Electronic Services is specified in section 6 of the Terms and Conditions.

3. Conditions for Concluding a Sales Agreement

3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form in accordance with section 2.1.4.

3.2. The Product price displayed on the Online Store website is in Polish zloty or Euro and includes taxes. The total price, including taxes and delivery costs, is provided to the Customer on the website and during the ordering process.

3.3. The procedure for concluding a Sales Agreement is as follows:

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has first placed an Order in the Online Store in accordance with section 2.1.3 of these Terms and Conditions.

3.3.2. Upon placement of the Order, the Seller shall promptly confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is effected by the Seller sending the Customer an appropriate email message to the email address provided by the Customer during the Order placement process, which contains at least the Seller’s statements regarding receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Upon receipt of the aforementioned email by the Customer, the Sales Agreement between the Customer and the Seller is deemed concluded.

3.4. The content of the Sales Agreement is recorded, secured, and made available to the Customer by (1) providing these Terms and Conditions on the Online Store website and (2) sending the confirmation email. The content is also stored in the Seller’s IT system.

3.5. The Online Store website may feature advertisements and offers of goods belonging to the Online Store’s partners, the sale of which is conducted outside the Online Store and without the participation of the Seller—such content is always clearly marked and distinguished from the offer of Products available in the Online Store. These may also include links, the activation of which will redirect the User to an external website operated by a third party with whom the Seller cooperates on an affiliate basis, meaning the Seller receives a benefit (e.g., a commission) from sales made as a result of redirecting the User to the external site. The conclusion of a sales agreement for goods offered via an affiliate link occurs directly with the given third party, under the terms and conditions specified in the regulations applicable on that third party’s website. The Seller encourages Users, after clicking an affiliate link, to always read the terms and conditions and privacy policies published on the website to which the link redirects. These Terms and Conditions apply exclusively to the Seller’s Online Store and to Sales Agreements concluded through it.

4. Methods and Terms of Payment for the Product

4.1. The Seller provides the following payment methods:

4.1.1. Bank transfer to the Seller’s account.

4.1.2. Electronic payments and payment card payments (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro) via the Paynow.pl service—the currently available payment methods are specified on the Online Store website in the information section regarding payment methods as well as on the website https://www.paynow.pl.

4.1.2.1. Settlements of transactions by electronic payments and payment cards are carried out according to the Customer’s choice via the Paynow.pl service. The service of electronic payments and payment cards is provided by:

4.1.2.1.1. Paynow.pl – a service of mBank S.A. with its registered office in Warsaw (address: ul. Senatorska 18, 00-950 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under number 0000025237; registration files kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register; share capital of PLN 168,840,628.00 fully paid up; NIP: 5260215088.

4.2. Payment deadline:

4.2.1. For bank transfers, electronic payments, or card payments, the Customer must pay within 7 calendar days from the conclusion of the Sales Agreement.

5. Cost, Methods, and Time of Product Delivery

5.1. Delivery of the Product is available within the territory of the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain.

5.2. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store website during the Order placement process, including at the moment the Customer expresses the intention to be bound by the Sales Agreement.

5.3. The Seller provides the Customer with the following methods of Product delivery:

5.3.1. Courier shipment.

5.3.2. Parcel locker pickup.

5.3.3. Pallet shipment.

5.3.4. The aforementioned delivery methods may not be available for all Products at the same time. The current information on available delivery methods is specified each time, at the latest during the Order placement process by the Customer, in particular after providing the Product delivery address.

5.4. The delivery time of the Product to the Customer is up to 30 Business Days, counted from the date the Seller’s bank or settlement account is credited with the full payment for the Order, unless a shorter period is specified in the description of a given Product or during the Order placement process. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, may not exceed 30 Business Days.

6. Complaint Handling Procedure

6.1. This section 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store

6.2. A complaint may be submitted, for example:

6.2.1. in writing to the address: ul. Macieja 14, 72-006 Mierzyn;

6.2.2. electronically via email to: contact@vintelio.com.

6.3. The sending or return of a Product as part of a complaint may be made to the address: ul. Macieja 14, 72-006 Mierzyn.

6.4. It is recommended that the complaint description includes: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect or non-conformity with the contract; (2) a request for the manner of bringing the Product into conformity with the contract, a statement on price reduction, withdrawal from the contract, or another claim; and (3) the complainant’s contact details—this will facilitate and expedite the processing of the complaint. The requirements stated in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description

6.5. If the complainant’s contact details change during the complaint process, the complainant is obliged to notify the Seller of such change.

6.6. The complainant may attach evidence (e.g. photos, documents, or the Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or evidence (e.g. photos) if this will facilitate and expedite the processing of the complaint by the Seller.

6.7. The Seller shall respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.

6.8. The basis and scope of the Seller’s statutory liability are set out in universally binding provisions of law, in particular the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means of 18 July 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended). Below are additional details regarding the Seller’s statutory liability for the conformity of the Product with the Sales Agreement:

6.8.1. In the case of complaints concerning Products purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act, apply. These provisions specify, in particular, the basis and scope of the Seller’s liability to the consumer in the event of non-conformity of the Product with the Sales Agreement.

6.9. In the case of Products described as used, vintage or non-standard, the Seller is not liable for non-conformity of the Product with the contract in terms of: quantity, durability, safety, packaging, accessories, and instructions that a consumer Customer could reasonably expect, provided that the consumer Customer was clearly informed, at the latest at the time of conclusion of the contract, that a specific feature of the Product deviates from the above requirements for conformity with the contract and expressly and separately accepted the lack of that specific feature of the Product.

6.10. In addition to statutory liability, a warranty may be granted for the Product—this is contractual (additional) liability and can be used if the given Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms regarding liability under the warranty, including the details of the entity responsible for the warranty and the entity entitled to use it, are available in the warranty description, e.g. in the warranty card or other place concerning the granting of the warranty. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies from and at the expense of the Seller, and that the warranty does not affect these legal remedies.

6.11. The provisions regarding consumers set out in section 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, where it is clear from the content of that contract that it does not have a professional character for that person, in particular arising from the subject of their business activity made available on the basis of the provisions on the Central Registration and Information on Business.

7. Out-of-Court Methods of Complaint Resolution and Pursuit of Claims, and Principles of Access to Such Procedures

7.1. Out-of-court dispute resolution methods include, among others: (1) facilitating the rapprochement of the parties’ positions, for example through mediation; (2) proposing a solution to the dispute, for example through conciliation; and (3) resolving the dispute and imposing a solution on the parties, for example in the form of arbitration (arbitral tribunal). Detailed information regarding the possibilities for consumers to use out-of-court methods for complaint resolution and pursuit of claims, as well as the principles of access to such procedures and a user-friendly search engine of entities handling alternative dispute resolution, are available on the website of the Office of Competition and Consumer Protection (UOKiK): https://polubowne.uokik.gov.pl/

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose tasks include providing consumers with information regarding out-of-court consumer dispute resolution. Consumers may contact this point: (1) by phone at +48 22 55 60 332 or +48 22 55 60 333; (2) by email at kontakt.adr@uokik.gov.pl; or (3) in writing or in person at the Office’s headquarters at Plac Powstańców Warszawy 1, 00-030 Warsaw

7.3. The consumer has, for example, the following options for using out-of-court methods of complaint resolution and pursuit of claims: (1) submission of a dispute to a Permanent Consumer Arbitration Court; (2) submission of a request for out-of-court dispute resolution to the Voivodeship Trade Inspection Authority; or (3) assistance from a district (municipal) consumer ombudsman or a consumer protection organization (including the Consumer Federation, Polish Consumers Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (the helpline is available on business days from 8:00 to 18:00, call charges according to the operator’s tariff)

7.4. [Important! The possibility of submitting complaints via the ODR platform expires on 20 March 2025, and the platform will be decommissioned on 20 July 2025.] The online dispute resolution platform (ODR platform) is available at http://ec.europa.eu/odr for resolving disputes between consumers and traders at the EU level. The ODR platform is an interactive and multilingual website providing a single point of entry for consumers and traders seeking to resolve disputes out of court arising from contractual obligations stemming from online sales or service contracts (more information is available on the platform itself or on the UOKiK website: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html)

8. Right of Withdrawal from the Contract

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without providing any reason and without incurring any costs, except for the costs specified in section 8.9 of these Terms and Conditions. To meet the deadline, it is sufficient to send a withdrawal statement before its expiry. The statement of withdrawal may be submitted, for example:

8.1.1. in writing to the address: ul. Macieja 14, 72-006 Mierzyn;

8.1.2. electronically via email to: contact@vintelio.com

8.2. The return of the Product as part of the withdrawal from the contract may be made to the address: ul. Macieja 14, 72-006 Mierzyn.

8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in section 13 of these Terms and Conditions. The consumer may use the sample form, but this is not obligatory

8.4. The withdrawal period begins:

8.4.1. for a contract under which the Seller delivers the Product, being obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from the moment of taking possession of the last Product, batch, or part; or (2) involves regular delivery of Products for a fixed period – from the moment of taking possession of the first Product;

8.4.2. for other contracts – from the date of conclusion of the contract

8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded

8.6. The Seller is obliged to promptly, but no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal, refund all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery offered in the Online Store). The Seller shall refund the payment using the same method of payment as was used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund until the Product has been returned or the consumer has provided proof of its return, whichever occurs first

8.7. The consumer is obliged to promptly, but no later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product before the expiry of the period

8.8. The consumer is liable for any diminished value of the Product resulting from handling it in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Product

8.9. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8.9.1. If the consumer has chosen a method of delivery of the Product other than the least expensive standard delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer

8.9.2. The consumer bears the direct costs of returning the Product. In the case of Products that cannot be returned by ordinary mail (e.g., bulky shipments), the consumer may incur higher return costs, in accordance with the sample price list of one of the carriers: https://www.polkurier.pl/cennik

8.9.3. In the case of a service, the performance of which—at the explicit request of the consumer—began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the time of withdrawal. The amount of payment is calculated proportionally to the scope of the service provided, taking into account the agreed contract price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of what has been performed

8.10. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:

8.10.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the performance began that after the Seller’s performance is completed, they will lose the right of withdrawal, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, become inseparably mixed with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can take place only after 30 days and whose value depends on market fluctuations beyond the Seller’s control; (8) in which the consumer expressly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides, in addition, services other than those requested by the consumer, or delivers Products other than spare parts necessary

8.11. The provisions regarding consumers contained in this section 8 of the Terms and Conditions, as of 1 January 2021 and for contracts concluded from that date, also apply to a Service User or Customer who is a natural person entering into a contract directly related to their business activity, where it follows from the content of such contract that it does not have a professional character for that person, in particular arising from the subject of their business activity made available pursuant to the provisions of the Central Registration and Information on Business.

9. Provisions Concerning Entrepreneurs

9.1. This section 9 of the Terms and Conditions and all provisions contained herein are addressed to and therefore binding only upon Customers or Service Users who are not consumers. Furthermore, as of 1 January 2021 and for contracts concluded from that date, this section of the Terms and Conditions and all its provisions do not apply to and are not binding upon a Customer or Service User who is a natural person entering into a contract directly related to their business activity, where it follows from the content of such contract that it does not have a professional character for that person, in particular arising from the subject of their business activity made available pursuant to the provisions of the Central Registration and Information on Business, unless application of these provisions to such persons is not prohibited.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller’s liability under the statutory warranty for the Product or for lack of conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller shall respond to complaints within 30 calendar days from the date of their receipt.

9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer or the fact of conclusion of the Sales Agreement.

9.6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service User an appropriate statement.

9.7. The liability of the Service Provider/Seller towards the Service User/Customer, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the price paid and delivery costs under the Sales Agreement, but not more than the amount of one thousand Polish zlotys. The monetary limitation referred to in the preceding sentence applies to all claims directed by the Service User/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or for claims not related to the Sales Agreement. The Service Provider/Seller is liable to the Service User/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delays in shipment delivery.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. Product Reviews

10.1. The Seller enables its Customers to submit and access reviews of Products as well as the Online Store, under the rules specified in this section of the Terms and Conditions.

10.2. Submission of a review by a Customer is possible via a form allowing the addition of a review of a Product or the Online Store. This form may be made available directly on the Online Store website (including by means of an external widget) or may be provided via an individual link sent to the Customer after purchase to the email address provided by the Customer. When submitting a review, the User may also add a graphical rating of the Product—if such an option is available in the review form.

10.3. A review of a Product may only be submitted for Products actually purchased in the Seller’s Online Store and only by a Customer who has purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of submitting a Product review. A review of the Online Store may be submitted by a person who is a Customer of the Online Store.

10.4. The submission of reviews by Customers may not be used for unlawful activities, in particular for acts constituting unfair competition or acts infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. When submitting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good practice.

10.5. Reviews may be made available directly on the Online Store website (e.g., next to a given Product) or on an external review collection service with which the Seller cooperates and to which the Online Store website may refer (including via an external widget placed on the Online Store website).

10.6. The Seller ensures that published Product reviews originate from its Customers who have purchased the given Product. For this purpose, the Seller undertakes the following actions to verify that reviews originate from its Customers:

10.6.1. Publication of a review submitted via the form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists of checking the review’s compliance with the Terms and Conditions, in particular verifying whether the reviewer is a Customer of the Online Store—in such cases, the Seller checks whether the person has made a purchase in the Online Store, and for Product reviews, additionally checks whether the person has purchased the reviewed Product. Verification is carried out without undue delay.

10.6.2. The Seller sends its Customers (including via an external review collection service with which it cooperates) an individual link to the email address provided at the time of purchase—thus, access to the review form is granted exclusively to the Customer who purchased the Product in the Online Store.

10.6.3. In case of doubts by the Seller or objections raised to the Seller by other Customers or third parties as to whether a given review originates from a Customer or whether a given Customer purchased the reviewed Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the reviewed Product.

10.7. Any comments, appeals against review verification, or reservations as to whether a given review originates from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure set out in section 6 of the Terms and Conditions.

10.8. The Seller does not post or commission the posting of false reviews or Customer recommendations, nor does it distort Customer reviews or recommendations for the purpose of promoting its Products. The Seller makes both positive and negative reviews available. The Seller does not publish sponsored reviews.

11. Illegal Content and Other Content Non-Compliant with the Terms and Conditions

11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act (DSA) as applicable to the Online Store and the Service Provider. In principle, the User is not required to provide content when using the Online Store, unless the Terms and Conditions require the provision of certain data (e.g., data for placing an Order). The User may have the ability to add reviews or comments in the Online Store using tools provided for this purpose by the Service Provider. In every case where the User provides content, they are obliged to comply with the rules set out in these Terms and Conditions

11.2. SINGLE POINT OF CONTACT – The Service Provider designates the email address contact@vintelio.com as the single point of contact. This contact point enables direct communication between the Service Provider and authorities of Member States, the European Commission, and the Digital Services Board, as well as direct, rapid, and user-friendly communication with service recipients (including Users) by electronic means for the purposes of the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point

11.3. Procedure for Reporting Illegal Content and Actions in Accordance with Article 16 of the Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider, via the email address contact@vintelio.com, the presence of specific information that they consider to be Illegal Content

11.3.2. The report should be sufficiently precise and appropriately substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the above email address containing all of the following elements: (1) a sufficiently reasoned explanation of why the information is alleged to be Illegal Content; (2) clear indication of the exact electronic location of the information, such as the precise URL(s), and, where applicable, additional information enabling identification of the Illegal Content, depending on the type of content and service; (3) the name and email address of the person or entity making the report, except for reports relating to offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement made in good faith by the reporting person or entity that the information and allegations contained in the report are accurate and complete

11.3.3. Such a report is deemed to provide actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information concerned, if it enables the Service Provider, acting with due diligence, to ascertain—without detailed legal analysis—the illegal nature of the activity or information

11.3.4. If the report contains the electronic contact details of the reporting person or entity, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the report. The Service Provider shall also, without undue delay, notify such person or entity of its decision regarding the information concerned, providing information on the possibility of appealing the decision

11.3.5. The Service Provider reviews all reports received under this mechanism and makes decisions regarding the information concerned in a timely, non-arbitrary, and objective manner, and with due diligence. If automated means are used for such review or decision-making, the Service Provider will include information about this in the notification referred to in the previous point

11.4. Information on Restrictions Imposed by the Service Provider Regarding Content Provided by Users:

11.4.1. The User is subject to the following rules when providing any content within the Online Store:

11.4.1.1. Obligation to use the Online Store, including posting content (e.g., reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in compliance with the law and good practice, respecting personal rights and intellectual property rights of the Service Provider and third parties;

11.4.1.2. Obligation to provide content that is factually accurate and not misleading;

11.4.1.3. Prohibition of providing unlawful content, including Illegal Content;

11.4.1.4. Prohibition of sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. Prohibition of providing content that violates generally accepted netiquette, including vulgar or offensive content;

11.4.1.6. Obligation to hold all required rights and permissions to provide such content on the Online Store, in particular copyrights or required licenses, permits, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute on the Online Store and the right to use and distribute images or personal data in the case of content including the image or personal data of third parties;

11.4.1.7. Obligation to use the Online Store in a manner that does not threaten the security of the Service Provider’s IT system, the Online Store, or third parties

11.4.2. The Service Provider reserves the right to moderate content provided by Users on the Online Store. Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or upon receipt of a report, to detect, identify, and remove Illegal Content or other content non-compliant with the Terms and Conditions, or to block access to such content or take necessary measures to comply with EU and national law, including the requirements of the Digital Services Act, or the requirements of these Terms and Conditions

11.4.3. Moderation may be performed manually by a human or based on automated or partially automated tools that assist the Service Provider in identifying Illegal Content or other content non-compliant with the Terms and Conditions. Upon identification of such content, the Service Provider decides whether to remove or block access to the content, restrict its visibility, or take other actions deemed necessary (e.g., contacting the User to clarify concerns and request changes to the content). The Service Provider will clearly and understandably inform the User who provided the content (if their contact details are available) of its decision, the reasons for the decision, and the available appeals process

11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is required to act with due diligence, objectively and proportionally, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, particularly with respect to the rights set out in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms

11.5. Any comments, complaints, appeals, or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a report or the Service Provider’s decision under these Terms and Conditions may be submitted in the manner analogous to the complaint procedure specified in section 6 of the Terms and Conditions. This procedure is free of charge and enables complaints to be submitted electronically to the designated email address. Use of the reporting and complaint procedure does not prejudice the right of any person or entity to initiate court proceedings or affect their other rights

11.6. The Service Provider reviews all comments, complaints, appeals, or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a report or a decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission contains sufficient grounds for the Service Provider to consider that its decision not to act in response to the report is unjustified, or that the information concerned is not illegal or non-compliant with the Terms and Conditions, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider shall, without undue delay, reverse or amend its decision regarding removal or blocking access to the content, restrict its visibility, or take other actions deemed necessary

11.7. Users, persons, or entities who have reported Illegal Content and to whom the Service Provider’s decisions regarding Illegal Content or content non-compliant with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of a Member State to resolve disputes regarding such decisions, including complaints not resolved through the Service Provider’s internal complaint-handling system

12. Final Provisions

12.1. Contracts concluded via the Online Store are concluded in the Polish language.

12.2. Amendments to the Terms and Conditions:

12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law; changes to payment or delivery methods or deadlines; compliance with a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; the addition of new Electronic Services; or the necessity to counteract unforeseen and direct threats related to the security of the Online Store, including Electronic Services and Users/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats—to the extent that such changes affect the implementation of these Terms and Conditions.

12.2.2. Notice of proposed amendments shall be sent at least 15 days before the effective date of such changes, except that an amendment may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring amendment of the Terms and Conditions in a manner that precludes observance of the 15-day notice period; or (2) must, by way of exception, amend the Terms and Conditions to counteract an unforeseen and direct threat related to the security of the Online Store, including Electronic Services and Users/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the latter two cases, as referred to in the preceding sentence, the amendments take effect immediately, unless a longer implementation period is possible or necessary, in which case the Service Provider will so notify.

12.2.3. In the case of contracts of a continuous nature (e.g., provision of the Electronic Service – Account), the User has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed amendments. Such termination becomes effective 15 days from the date of receipt of the notice. In the case of a contract of a continuous nature, the amended Terms and Conditions are binding on the User if they have been properly notified of the amendments, in accordance with the notice period prior to their entry into force, and have not terminated the contract during that period. Additionally, at any time after receiving notice of the amendments, the User may accept the changes and thereby waive the remainder of the notice period. In the case of contracts other than those of a continuous nature, amendments to the Terms and Conditions will not in any way infringe upon the rights acquired by the User prior to the effective date of the amendments, in particular, amendments to the Terms and Conditions will not affect Orders already placed or submitted, or Sales Agreements already concluded, performed, or executed.

12.2.4. If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.

12.3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; and other relevant generally applicable legal provisions.

12.4. These Terms and Conditions do not exclude the provisions in force in the country of the consumer’s habitual residence who concludes a contract with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection afforded to them under provisions that cannot be excluded by agreement.

13. Withdrawal Form Sample

ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT

Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressate:

VINTELIO JULIA SIKORA
ul. Macieja 14, 72-006 Mierzyn
vintelio.com
contact@vintelio.com

– I/We() hereby inform you of my/our() withdrawal from the contract of sale of the following goods() / contract for the supply of the following goods() / contract for work consisting in the manufacture of the following goods() / for the provision of the following service()

– Date of conclusion of the contract() / receipt()
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is submitted in paper version)
– Date
(*) Delete as appropriate.