Terminology
The terms used in these Regulations have the following definitions:
1. Vicante running a business under the name of Vicante, ul. Dickmana 51X, 81-109 Gdynia, NIP: 5862297199
2. “Customer” – a natural person who is a consumer or entrepreneur, legal person or an organizational unit without legal personality, placing an order for selected items offered by Vicante.
3. “Account” – a set of resources in the ICT system, in which the Customer’s data is collected, marked with an individual name (login) and password provided by the Customer.
II. General Provisions
1. These Regulations define the rules for the conclusion, validity and implementation of contracts for the sale of articles offered by Vicante via the online store www.vicante.com, hereinafter referred to as: “the Store”.
2. These Regulations are intended both for consumers and entrepreneurs using the Store (except for Chapter VI. Regulations, which is addressed only to entrepreneurs).
3. In order to make a purchase, you must register on the website: www.vicante.com During registration, the Customer sets a password for a personal account. Do not share your password with anyone. Registered customers log in to their own account, providing their login and password.
4. The use of the Account by the Client is free of charge.
5. After logging in, add the selected product to the basket, complete the order and send it by selecting the appropriately marked field on the Store’s website.
6. The prices of goods are expressed in Polish zlotys and are gross prices (including VAT). In the case of issuing a VAT invoice, the Customer’s tax identification number is required. In the case of consumers who are not also entrepreneurs, providing the NIP number is not obligatory.
7. The store reserves the right to change:
- commodity prices;
- entering and removing goods;
- make changes
- introducing and canceling promotional campaigns
8. In the event that the Customer, after placing the order, decided to make changes, he should immediately contact the Store in order to agree and make changes to the order.
9. By accepting these Regulations, you consent to the processing of personal data. The personal data of the Store’s customers are confidential. They will be processed by the Store in compliance with the security requirements specified in the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended). Pursuant to the Act, the Customer has the right to inspect their personal data, update and correct them, and request the cessation of their use at any time.
10. The newly registered customer is entered into the newsletter database. The customer can unsubscribe from the newsletter at any time. In this case, it is enough to send the relevant statement to the following address: Vicante, ul. Dickmana 51X, 81-109 Gdynia,
11. The provisions of the Regulations shall be an integral part of the contracts concluded by the Store each time, unless the parties agree otherwise in writing under pain of nullity. In order to be valid, the written form shall also be required for any declaration of will aimed at ending the contractual relationship.
12. Registration in the Store constitutes acceptance of these Regulations.
III. Technical requirements necessary for cooperation with the ICT system used by the Store
1. To use the functionality of the Store, it is necessary to meet the following technical requirements:
a) having a computer, laptop or other multimedia device with Internet access;
b) access to e-mail;
c) using a web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher;
d) using screen resolution: at least 1024×768;
e) enabling cookies and Javascript support in the web browser.
2. The parties may terminate the agreement on the use of the Account at any time by agreement of the parties. The customer may also terminate the contract for the use of the Account without giving reasons by sending an appropriate statement to the following address: “Vicante, ul. Dickmana 51X, 81-109 Gdynia. In such a case, the contract is terminated after 7 days from the date of submitting the declaration of will to terminate it. unless the parties agree on a shorter notice period.
3. In the case of a Customer who is also a consumer, the Store may terminate the contract for the use of the Account only in the event that the Customer grossly or persistently violates the Regulations, after at least one unsuccessful call to cease or remove the violations within the period indicated by the Store. In such a situation, the contract for the use of the Account concluded with the Customer who is a consumer shall be terminated after 14 days from the date of the Store’s submission of an appropriate declaration of will to terminate it, and the contract for the use of the Account concluded with the Customer who is not a consumer shall be terminated upon the termination by the Store. .
4. The Customer is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
5. The customer is obliged to provide factually correct data.
6. The customer is not allowed to provide illegal content.
IV. Delivery and payment method
1. Shipment of the ordered goods on delivery will take place within 2 working days of placing the order. Non-collection and free orders are processed within 2 business days after the amount due is credited to the Store’s account. In the event that the ordered goods are not in stock, the customer will be immediately informed about this fact. Then the customer may withdraw from the contract or receive the ordered goods after its production.
2. The following shipping costs in Poland apply to purchases in the Store:
a) download:
- courier service up to 5 kg – PLN 20.
b) not downloaded:
- courier service up to 5 kg – PLN 15.
3. The customer has the right to choose from among the payment methods:
a) transfer to the account
b) payment by credit card
c) download
V. Customer who is a consumer rights to return / exchange
1. A customer who is a natural person who performs a legal transaction not directly related to his business or professional activity (consumer), may withdraw from the contract without giving any reason by submitting a relevant written statement within fourteen days from the date of taking possession of the item. After the expiry of the above-mentioned period, the right to withdraw from the contract expires. To meet this deadline, it is enough to send a statement before its expiry to the following address: Vicante, ul. Dickmana 51X, 81-109 Gdynia or sending a relevant statement to the e-mail address: biuro@vicante.com
2. In the event the consumer uses the withdrawal from the contract in electronic form, the Store will immediately send the consumer a confirmation of receipt of the declaration of withdrawal from the contract.
3. When submitting a declaration on withdrawal from the contract, the customer should use the return / exchange form
4. In the event of the Customer withdrawing from the contract, it is considered void and the Customer is released from any obligations. Not later than within 14 days from the date of receipt of the Customer’s statement on withdrawal from the contract and return of the goods purchased by the customer. The store reimburses the cost of the purchased goods to the customer. The costs of returning the purchased goods to the Store are borne by the consumer. The store refunds the payment using the same payment methods that were used by the customer in the original transaction, unless the customer agreed to a different solution. In the event that the Customer has agreed to a different payment method, he does not incur any related fees. The store will certify the return of the benefit to the Customer in writing.
5. In a situation where the Store has not offered to pick up the item from the consumer itself, it may withhold the reimbursement of payments received from the consumer until it receives the items back.
6. If the consumer exercises the right referred to in paragraph 1.The consumer is obliged to return the goods to the entrepreneur immediately, but not later than within 14 days from the date on which he withdrew from the contract, unless the entrepreneur suggested that he would pick up the goods himself. To meet the deadline, it is enough to return the items before its expiry.
7. The right to withdraw from the contract referred to in paragraph 1. is not entitled to the consumer in relation to contracts, the subject of which was made according to the consumer’s specifications:
c) tailcoats and jackets;
d) vests;
e) other custom-made dance costumes;
Claim
1. A customer who is a consumer may file a complaint regarding non-performance or improper performance of the contract, as well as incorrect calculation of the amount due for its provision.
2. In order to consider the complaint, the Customer should send the purchased goods to the address: Vicante, ul. Świętojańska 36, 81-372 Gdynia, together with a completed complaint form. In the event of a complaint regarding the incorrect calculation of the amount due under the contract, please send an appropriate letter to the following address: Vicante, ul. Świętojańska 36, 81-372 Gdynia
3. The store is obliged to respond to the complaint within 14 days from the date of its receipt. In a situation where the complaint contains deficiencies, the Store will inform the Customer in writing about the identified deficiencies and call him within 14 days from the date of its receipt to supplement it. After the expiry of the deadline, the complaint will not be considered. In a situation where the Customer remedies the deficiencies on time, the Store will respond to the complaint within 14 days of its receipt.
4. Complaints are not subject to:
discoloration of garments resulting from cleaning, washing contrary to the washing regulations. Mechanical damage caused during the use of clothing, e.g. abrasions, abrasions, tears, cuts, etc., as well as natural wear of the clothing, unless they are caused by a defect in the purchased goods.
5. Goods returned or exchanged should not have any traces of use, e.g. sweat, perfume, cream etc.
6. In the case of Customers who are consumers, all costs resulting from the complaint shall be borne by the Store.
VI. Provisions regarding entrepreneurs
1. This chapter of the Regulations and the provisions contained therein apply only to Customers who are not consumers at the same time.
2. In the case of the customers referred to in paragraph 1., The Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer in the order form and the fact of concluding a sales contract.
3. Products that are the subject of the sales contract concluded with the Customer referred to in paragraph 1. remain the property of the Seller until the price and delivery costs are paid under the sales contract.
4. Upon the release of the goods by the Store to the carrier, they are transferred to the Customer referred to in paragraph 1. the benefits and burdens associated with the thing and the risk of accidental loss or damage to the thing. In such a case, the store is not responsible for the loss, defect or damage to the goods arising from its acceptance for transport until its delivery to the Customer and for delay in transporting the shipment.
5. In the event of sending the goods to the Customer via a carrier, the Customer referred to in paragraph 1. is obliged to examine the parcel in time and in the manner accepted for parcels of this type. If he finds that there has been a loss or damage to the goods during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.
6. The Store’s liability to the Customer referred to in paragraph 1., regardless of its legal basis, is limited – both as part of a single claim as well as for all claims in total – to the amount of the price paid and delivery costs under the sales contract. The store is liable only for typical damages predictable at the time of concluding the contract and is not responsible for lost profits in relation to the customer referred to in paragraph 1.
VII. Invoicing
1. Invoices for a legal person (company) are issued by the Store no later than on the 15th day of the month following the month in which the goods were delivered upon presentation of a cash register receipt.
2. The store will issue an invoice to a natural person (if the request is received after the month in which the goods were delivered) within 15 days from the date of the request.
3. The store is not obliged to issue an invoice if the request for its issuance is submitted after 3 months from the end of the month in which the goods were delivered.
VIII. Final Provisions
1. The Store reserves the right to amend the Regulations for important reasons, in particular in the event of changes to applicable law, changes in payment and delivery methods or changes to the Store address. The Customer will be informed about any changes to the Regulations by e-mail.
2. The amended Regulations bind the Customer if he has been notified of the change in the manner indicated in paragraph 1 and has not terminated the contract within 14 days of receiving the notification.
3. Amendments to the Regulations will not in any way violate the acquired rights of Customers who are both consumers and using the Store before the date of entry into force of the amendments to the Regulations. In particular, changes to the Regulations will not affect already placed orders and concluded, implemented or performed sales contracts.
4. With the exception of contracts concluded with the consumer, any disputes arising during the execution of the order, which the parties do not resolve earlier as a result of amicable negotiations, will be subject to the court competent for the seat of the Store.
5. In matters not covered by these Regulations, the following provisions apply: the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), the Act of August 29, 1997. on the protection of personal data (Journal of Laws of 2002, No. 101, item. 926 as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 with as amended). The provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) also apply to contracts concluded with consumers.
