Terms And Conditions

Regulations of the online store

§1 Preliminary Provisions

1. The vacamod.com online store, available at www.vacamod.com, is run by Jacek Łozowicki, running a business under the name CFS Jacek Łozowicki, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 9662097492 REGON 361506240

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.

3. Information, photos and quantities of goods displayed on the shopping portal (in particular, availability, price, quantity and delivery) are not updated by the Seller immediately on the website. Information about goods published on the shopping portal may not always be correct and complete compared to the real situation. The indication of "availability" of the item published on the shopping portal cannot be interpreted as the date of delivery of the goods by the Buyer. The published indication of item availability is only an indicative, non-binding estimation of when the item is expected to be available from the Seller. The seller should always be informed of any such case when it is not possible to deliver the goods in an appropriate manner, and in the event of concluding a contract, each of the parties has the right to withdraw from the contract.

§2 Definitions

1. Consumer ​ - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to his business or professional activity.

2. Seller - a natural person conducting business activity under the name CFS Jacek Łozowicki, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP: 9662097492, REGON: 361506240

3. Customer - any entity making purchases via the Store.

4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.

5. Store - an online store run by the Seller at the Internet address www.vacamod.com

6. Distance contract - a contract concluded with the Customer under an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the moment of concluding the contract.

7. Regulations - these Regulations of the Store.

8. Order - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.

9. Account - the customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.

10.  Registration form - a form available in the Store that allows you to create an account.

11.  Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12. Cart - an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.

13. Product - a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.

14. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as - applying to the characteristics of the Product - a contract for the provision of services and a contract for specific work.

§3 Contact with the Store

1. Seller's Address: CFS Jacek Łozowicki, ul. Wysockiego 7, 15-126 Białystok, Poland

2. Seller's Email Address: info@vacamod.com

3. Seller's Phone Number: +48 733885888

4. Seller's Bank Account Number: 41 1140 2004 0000 3602 8330 9365

5. The customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

6. The customer may communicate with the Seller by phone between the hours of 7:00 a.m. and 3:00 p.m. on normal working days from Monday to Friday, except for public holidays.

7. These details may be changed or updated at any time on the website www.vacamod.com.

§4 Technical Requirements

To use the Store, including browsing the Store's range and placing orders for Products, the following are necessary:

• an end device with internet access and an internet browser such as Chrome,

• an active email account,

• cookies enabled in the browser settings.

§5 General Information

1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.

2. Browsing the Store's range does not require creating an Account. Placing orders by the Customer for Products available in the Store's range is possible either after creating an Account in accordance with § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be processed without creating an Account.

3. The prices given in the Store are in euros and are gross prices (including VAT).

4. The final amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including fees for transport, delivery, and postal services), which the Customer is informed of on the Store's pages during the Order placement process, including at the time of expressing the will to be bound by the Sales Agreement.

5. When the nature of the subject matter of the Agreement does not allow for a reasonable calculation of the final price in advance, information on how the price will be calculated, as well as on fees for transport, delivery, postal services, and other costs, will be provided in the Store's description of the Product.

§6 Creating an Account in the Store

1. To create an Account in the Store, you need to fill out the Registration Form. The following data is required: first name, last name, email address.

2. Creating an Account in the Store is free of charge.

3. Logging into the Account is done by providing the login and password established in the Registration Form.

4. The Client has the possibility to delete the Account at any time, without giving any reason and without incurring any fees, by sending a relevant request to the Seller, in particular via email or in writing to the addresses given in § 3.

§7 Rules for placing an Order

In order to place an Order, you must:

1. choose a Product that is the subject of the Order and then click the "Add to cart" button;

2. log in or use the option to place an Order without registration;

3. if the option to place an Order without registration has been chosen - fill in the Order Form by entering the recipient's data and address to which the Product is to be delivered, select the type of delivery (method of delivering the Product), enter the invoice details if they are different from the recipient's data,

4. click the "Order and pay" button and confirm the order by clicking on the link sent in the email,

5. choose one of the available payment methods and depending on the method of payment, pay for the order within the specified period.

§8 Offered methods of delivery and payment

1. The customer can choose from the following methods of delivery or pickup of the ordered product:

• Courier delivery

• Personal pickup available at the address: Władysława Wysockiego 7, 15-126 Białystok, Poland

2. The customer can choose from the following methods of payment:

• Payment by bank transfer to the Seller's account

• Electronic payments

• Payment by payment card:

* Visa

* Visa Electron

* Mastercard

* MasterCard Electronic

* Maestro

3. The entity providing online payment services is Blue Media S.A.

4. Detailed information on the delivery methods and acceptable payment methods can be found on the store's website.

§9 Performance of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an order using the Order Form in the Online Shop in accordance with § 7 of the Regulations. 

2. The order is a proposal by the Buyer to conclude a purchase agreement on the terms specified in these regulations. The order is intended for acceptance by the Seller within 15 days from its delivery to the Seller.

3. The consumer may withdraw the order by email to the Seller, provided that the withdrawal is delivered to the Seller before the Seller accepts the order in accordance with the shop regulations. If the deadline for accepting the order expires and the Seller does not accept the order, the order will be automatically canceled.

4. The Sales Agreement between the parties is concluded when the seller confirms (accepts) the buyer's order. Confirmation of receipt of the Order and its acceptance for implementation is made by the Seller by sending the relevant e-mail message to the e-mail address provided by the Customer during the order placement process, which contains at least the Seller's statements about receiving the Order and accepting it for implementation, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, the Sales Agreement between the Customer and the Seller is concluded.

5. In the case of the Customer choosing:

1.  payment by bank transfer, electronic payment, or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise, the order will be canceled.

2. cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within 7 days from the day of receiving the information about the readiness of the shipment for collection.

6. If the consumer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the timeframe specified in its description (subject to the provisions of paragraph 7 of this section), in the manner chosen by the Customer when placing the Order.

7. In the case of Orders for Products with different delivery times, the delivery time is the longest specified time.

8. The order processing time is calculated as follows:

• If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.

• In the case of payment in cash upon personal pickup – from the date of concluding the Sales Agreement.

9. The customer can choose to personally pick up the product, in which case it will be ready for pickup within the timeframe specified in the product description. The customer will also receive additional information from the seller regarding the readiness of the product for pickup via email or phone.

10. Personal pickup of the product is free of charge.

11. Delivery of the product takes place within the European Union.

12. Delivery of the product to the customer is subject to a fee unless the Sales Agreement provides otherwise. The cost of delivery (including transportation fees, delivery charges, and postal services) is indicated to the customer on the online store's website under the "Delivery Costs" tab, as well as during the process of placing the order, including at the time of the customer expressing their willingness to enter into the Sales Agreement.

13. Delivery of the goods to the Buyer is only possible after payment of the purchase price and the shipping cost of the delivered goods. Otherwise, the seller or carrier/delivery company is entitled not to deliver the goods, and the seller is not late with the delivery of the goods. The Buyer is obliged to properly accept the goods from the carrier/delivery company within the scope of the order accepted by the Seller. The Buyer acquires ownership of the goods only after paying the purchase price of the goods and the shipping cost.

14. Deliveries are carried out in accordance with the CPT (Carriage Paid To) INCOTERMS 2020 rule - The Seller delivers the goods and transfers the risk to the Customer by handing them over to the carrier engaged by the Seller or by delivering the goods. The Seller transfers physical possession of the goods to the carrier in a manner and at a place suitable for the means of transport used. After delivering the goods to the buyer in this way, the Seller does not guarantee that the goods will reach the destination, be in good condition, and in the stated quantity, as the risk passes from the Seller to the Customer when the goods are delivered to the carrier. However, the Seller must conclude a contract for the transport of goods from the delivery to the agreed destination.

15. When accepting the goods, the Buyer is obliged to check the integrity of the packaging and the completeness of the delivery, in particular the quantity of transported packages/shipments. In case of obvious defects related to shipping and goods, the Buyer is obliged to document the damage as best as possible - take photos, write a damage protocol in the presence of the courier, and immediately notify the carrier and the Seller, no later than within 24 hours. Such action will enable claims to be made against the carrier. The buyer is obliged to indicate all damages found on the package and packaging in the transport document. If the transported package is sealed with an original tape, and the tape is damaged or other damage to the packaging or shipment is detected, or unauthorized opening of the shipment, the Buyer is obliged not to accept the shipment from the carrier/delivery service provider. By signing the acceptance protocol, the Buyer confirms that the shipment has been accepted in an undamaged condition. If the Buyer does not object to the non-delivery of goods and documents that are to be delivered with the goods within 12 hours of delivery of the goods, based on confirmed delivery and shipping documents, it is assumed that the goods have been properly delivered to the Buyer unless evidence indicates otherwise.

16. In the event that the Buyer wrongly refuses to accept the goods or repeatedly fails to accept them, the Seller is entitled to recover all costs incurred by them.

§ 10 Right to withdraw from the contract

1. A consumer who has concluded a distance contract or an off-premises contract, has the right to withdraw from the Sales Agreement within 14 days without giving any reason. 

2. The deadline for withdrawal specified in paragraph 1 starts from the date of delivery of the Product to the Consumer or to a person indicated by them other than the carrier.

3. In the case of an Agreement that covers many Products that are delivered separately, in batches, or in parts, the deadline specified in paragraph 1 starts from the delivery of the last item, batch, or part.

4. In the case of an Agreement that involves the regular delivery of Products for a specified period (subscription), the deadline specified in paragraph 1 starts from the possession of the first item.

5. The consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To comply with the withdrawal deadline, it is sufficient for the Consumer to send the statement before that deadline.

6. The statement can be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be submitted on a form, the pattern of which is attached as Annex No. 1 to these Regulations and to the Act of May 30, 2014, on consumer rights, but this is not obligatory.

7. In the case of submitting the statement by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.

8. The consequences of withdrawing from the agreement:

• In the case of withdrawing from a distance agreement, the agreement is considered as not concluded.

• In the case of withdrawing from the agreement, the Seller shall immediately, but no later than within 14 days of the receipt of the Consumer's statement of withdrawal from the agreement, return all payments made by the Consumer, including the costs of delivery, with the exception of additional costs resulting from the Consumer's chosen method of delivery other than the cheapest standard delivery offered by the Seller.

• The Seller may withhold the reimbursement until the Product is returned to them.

• The Seller will make the reimbursement using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.

• The Consumer should return the Product to the Seller's address provided in this Regulation immediately, no later than 14 days from the day on which they informed the Seller of the withdrawal from the agreement. The deadline will be deemed to have been met if the Consumer sends the Product back before the expiration of the 14-day deadline.

• The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not have been returned by ordinary mail.

• The Consumer is liable only for the reduction in the value of the Product resulting from its use in a manner other than was necessary to determine its nature, characteristics, and functioning.

9. In case the nature of the Product prevents it from being returned by regular mail, information about this and the costs of returning the Product will be included in the Product description in the Store.

10. The right of withdrawal from a distance contract does not apply to the Consumer in relation to the Contract:

• for the provision of goods made to the consumer's specifications or clearly personalized,

• for the provision of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,

• for the provision of goods which are liable to deteriorate or expire rapidly,

• for the provision of services if the Seller has fully performed the service and the performance has begun with the Consumer's prior express consent, and with the acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the Seller,

• where the price or remuneration of the goods depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period,

• for the provision of goods which are made to the consumer's specifications or are clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly,

• for the provision of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which is dependent on fluctuations in the market which cannot be controlled by the Seller,

• for the provision of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,

• for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,

• for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer's prior express consent and with the acknowledgement that they will lose their right of withdrawal.

§ 11 Complaint and warranty

1. The Sales Agreement covers both new and used Products. The Store's website provides a detailed description of the condition of each used Product. 

2. The Seller is obligated to deliver goods free from defects. 

3. In case of any defects in the purchased goods from the Seller, the Customer has the right to file a complaint based on the provisions regarding warranty in the Civil Code. If the Customer is a Business Entity purchasing goods for business purposes, the parties exclude liability for warranty. 

4. The complaint should be reported in writing or electronically to the addresses provided in this Regulation. 

5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer's data submitting the complaint, and the Customer's request regarding the defective goods. 

6. The Seller will respond to the complaint request promptly, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer, and the Seller fails to respond to the complaint within 14 days, it is considered that the Customer's request has been recognized as justified.

7.  Goods returned as part of the complaint procedure should be sent to the address given in § 3 of this Regulation. 

8. If a Product comes with a warranty, information about it, as well as its content, will be included in the description of the Product on the Store's website.
   
   

§ 12 Out-of-court methods of dealing with complaints and pursuing claims

1. Detailed information regarding the possibilities for the Consumer to use out-of-court methods of settling complaints and pursuing claims, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following examples of options for using out-of-court methods for considering complaints and pursuing claims:

• The consumer is entitled to appeal to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for resolution of a dispute arising from an agreement concluded with the Seller.

• The consumer is entitled to appeal to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for initiating mediation proceedings for the amicable settlement of a dispute between the consumer and the Seller.

• The consumer may obtain free assistance in resolving a dispute between them and the Seller by also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Association of Polish Consumers).

§ 13 Personal data in the Online Store

1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - "GDPR".

2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is: a sales contract or actions taken at the Buyer's request, aimed at its conclusion (Article 6(1)(b) of the GDPR), the Seller's legal obligation related to accounting (Article 6(1)(b) of the GDPR), point c) and the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend any claims (Article 6(1)(f) of the GDPR).

3. If the customer agrees, the Buyer's data may also be collected for marketing purposes.

4. The recipients of customers' personal data collected through the online store may be:

•  In the case of a customer who uses postal or courier delivery in the online store, the administrator provides the collected personal data of the customer to the selected carrier or intermediary delivering shipments on behalf of the administrator.

• In the case of a customer who uses electronic payment or payment card in the online store, the administrator provides the collected personal data of the customer to the selected entity providing payment processing services in the online store.

5. The customer has the right to access and correct their personal data.

6. Providing personal data is voluntary, but not providing the personal data required to conclude a sales agreement as indicated in the Regulations will result in the inability to conclude such an agreement.

§ 14 Final Provisions

1. Contracts concluded through the online store are in Polish. 

2. The Seller reserves the right to make changes to the Regulations for valid reasons, namely: changes in the law, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any changes at least 7 days in advance.

3. Matters not regulated in these Regulations shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; and the Personal Data Protection Act.

4. The Customer has the right to use out-of-court complaint and redress mechanisms. To this end, he/she may file a complaint via the EU's online platform for dispute resolution at: h​ ttp://ec.europa.eu/consumers/odr/.

5. The current version of the Regulations can be found on the store's website.