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Terms of service

CONTENTS:
  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE WEBSHOP
  3. CONDITIONS FOR ENTERING INTO A SALES CONTRACT
  4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
  5. THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL
  9. PROVISIONS CONCERNING TRADERS
  10. PRODUCT REVIEWS
  11. TREATMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
  12. FINAL PROVISIONS
  13. MODEL WITHDRAWAL FORM
 
These Online Shop Regulations have been prepared by the lawyers of Prokonsumencki.pl. The online shop www.vortexvr.eu/en-ch/ cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.

1.    GENERAL PROVISIONS

1.1.       The online shop, available at the Internet address www.vortexvr.eu/en-ch/, is operated by PRZEMYSŁAW WARDZYŃSKI, conducting business activity under the name VORTEX CONSULTING PRZEMYSŁAW DANIEL WARDZYŃSKI, entered into the Central Register of Business Activity and Information of the Republic of Poland, maintained by the minister responsible for economy, holding: business address and address for delivery: ul. Patriotów 110/lok. 112B, 04-844 Warsaw, NIP 5262261767, REGON 386084236, e-mail address: support@vortexvr.eu, telephone no: +48 516 530 153.
1.2.       These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.
1.3.       The administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4.       Definitions:

  • WORKING DAY - one day from Monday to Friday excluding public holidays.
  • REGISTRATION FORM - a form available in the Online Shop which enables the creation of an Account.
  • ORDER FORM - Electronic Service, an interactive form available in the Online Shop which enables the Orderer to place an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law - who has concluded or intends to conclude a Sales Agreement with the Seller.
  • CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
  • ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Shop are stored.
  • NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Shop.
  • PRODUCT - a movable item available in the Online Shop (including a movable item with digital elements, i.e. containing digital content or a digital service or connected to them in such a way that the absence of the digital content or service would prevent its proper functioning) being the subject of a Sales Agreement between the Customer and the Seller.
  • REGULATIONS - these regulations of the Online Shop.
  • INTERNET SHOP - the Service Provider's online shop available at the following internet address: vortexvr.eu/en-ch/ 
  • THE SELLER; THE SERVICE PROVIDER - PRZEMYSŁAW WARDZYŃSKI conducting business activity under the name VORTEX CONSULTING PRZEMYSŁAW DANIEL WARDZYŃSKI entered in the Central Register of Business Activity and Information of the Republic of Poland kept by the minister competent for economy, holding: address of the place of business and address for service: ul. Patriotów 110/lok. 112B, 04-844 Warsaw, NIP 5262261767, REGON 386084236, e-mail address: sales@vortexvr.eu, telephone no: +48 516 530 153.
  • SALE CONTRACT - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop.
  • ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Shop.
  • USER - (1) a natural person having full legal capacity, and in cases provided for by generally applicable law, also a natural person having limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law, using or intending to use an Electronic Service.
  • CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
  • ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.

2.    ELECTRONIC SERVICES IN THE WEBSHOP

2.1.       The following Electronic Services are available on the Online Shop: Account, Order Form and Newsletter.
  • Account - the use of an Account is possible after the Customer completes two consecutive steps - (1) completes the Registration Form, (2) clicks the "Register" field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient data: name and surname, e-mail address and password. An Account may also be created by ticking the appropriate checkbox when placing an Order - an Account is created as soon as the Order is placed.
    • The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: sales@vortexvr.eu or in writing to the address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw.
  • Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Online Shop website after completing the Order Form. - up to this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details 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 Tax Identification Number.
    • The Order Form Electronic Service is provided free of charge and is provided on a one-off basis and terminates when an Order is placed through it or when the Customer discontinues placing an Order through it in advance.
  • Newsletter - using the Newsletter is possible after providing in the "Newsletter" section visible on the Online Shop website the e-mail address to which the next edition of the Newsletter is to be sent and clicking the "Subscribe" box. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when placing an Order - upon placing the Order the Customer will be subscribed to the Newsletter.
    • The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via e-mail to: sales@vortexvr.eu or in writing to the address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw.
2.2.       Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in the web browser.
2.3.       The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
2.4.       The complaint procedure concerning the Electronic Services is indicated in point. 6 of the Regulations.

3.    CONDITIONS FOR ENTERING INTO A SALES CONTRACT

3.1.       The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.
3.2.       The price of the Product or remuneration for the Product shown on the website of the Online Shop is given in Polish zloty and includes taxes. The Customer is informed about the total price or remuneration including taxes, and when the nature of the Product does not allow, in a reasonable estimation, for earlier calculation of their amount - the manner in which they will be calculated, as well as about the costs of delivery (including fees for transport, delivery or postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Shop, including during the placement of the Order and at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
3.3.       Procedure for concluding a Sales Contract in the Online Shop using the Order Form
  • The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 1.2 of the Terms and Conditions.
  • After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate 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 receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4.       The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4.    PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

4.1.       The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
  • Payment in cash on delivery.
  • Payment by bank transfer to the Seller's bank account.
  • Electronic payments and credit card payments via Shopify Payments (Visa, Mastercard, Maestro, ShopPay, GooglePay, ApplePay, PayPal.com and Klarna.com - the possible current payment methods are listed on the website of the online shop under the tab Information on payment methods and on the websites https://www.shopify.com/payments, https://www.paypal.com/pl and https://www.klarna.com/pay-now. 
    • The payment of electronic payments and payment card transactions is carried out at the customer's choice via Shopify Payments, PayPal.com or Klarna.com. 
    • Electronic payment and payment card processing is carried out by:
      • Shopify.com - the company Shopify Inc, 151 O'Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8.
      • PayPal.com - the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
      • Klarna.com - Klarna Bank AB (Klarna Bank AB (publ), having its registered office at Sveavägen 46, 111 34 Stockholm, registered in the Swedish company register under number 556737-0431).
    • Mobile Pay, Google Pay, Apple Pay electronic payments.
    • Instalments - payment is made in full or in part with funds from a loan from Klarna.com.
4.2.       The Seller does not make payment in cash available upon personal collection - if the Customer chooses personal collection as a delivery method, the Customer should use the payment methods available in the Online Shop.
4.3.       Payment term:
  • If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement.
  • If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment on delivery.
  • If the Customer chooses to pay by instalments, the Customer is obliged to make payments to the lender of his choice in accordance with the agreed repayment schedule.
5.    THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1.       Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.2.       Personal collection of the Product by the Customer is free of charge.
5.3.       The Seller shall make the following methods of delivery or collection of the Product available to the Customer:
  • Postal delivery, cash on delivery.
  • Courier delivery, cash on delivery.
  • Personal collection available at: ul. Patriotów 110/lok. 112B, 04-844 Warsaw - on Working Days, from 09:00 to 17:00.

5.4.       The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter deadline is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 10 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

  • If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.
  • If the Customer chooses to pay by cash on delivery - from the date of conclusion of the Sales Contract.
  • In case the Customer chooses payment by instalment system - from the date of notification by the creditor to the Seller of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.

5.5.       Deadline for Product readiness for collection by the Customer - If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 1 Business Day, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 1 Business Day. The Customer will additionally be informed by the Seller about the readiness of the Product for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:

  • If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.
  • In case the Customer chooses payment by instalment system - from the date of notification by the creditor to the Seller of the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.

6.    PROCEDURE FOR DEALING WITH COMPLAINTS

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

6.2.       A complaint can be made, for example:

  • in writing to the following address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw;
  • electronically by e-mail to: support@vortexvr.eu

6.3.       Sending or returning the Product as part of a complaint can be done at the address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw.

6.4.       It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5.       If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the seller.

6.6.       The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will make it easier and faster for the Seller to investigate the complaint.

6.7.       The seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.

6.8.       The basis and scope of the Seller's statutory liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:

  • In the event of a complaint about a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until 31. December 2022, the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556-576 of the Civil Code, shall determine. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.
  • In the case of a complaint about a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item which serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from January 2023, the provisions of the Consumer Rights Act in the wording in force from 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act, are defined. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.

6.9.       In addition to the statutory liability, a warranty may be provided for the Product - this is a contractual (additional) liability and can be exercised if the Product in question is covered by the warranty. The guarantee may be provided by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Vendor points out that in the case of non-conformity of the Product with the contract, the Customer is entitled to legal remedies from the side and at the expense of the Vendor and that the guarantee does not affect these remedies.

6.10.     The provisions of clause 6.8.2. of the Terms and Conditions regarding the consumer shall also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of such a contract that it is not of a professional nature for such a person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

7.    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

7.1.       Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2.       There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3.       The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 am to 6:00 pm, call charge as per operator's tariff).

7.4.       A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8.    RIGHT OF WITHDRAWAL

8.1.       A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Regulations. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

  • in writing to the following address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw;
  • electronically by e-mail to: support@vortexvr.eu

8.2.       A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in point. 13 of the Regulations. The consumer may use the sample form, but it is not obligatory.

8.3.       The period for withdrawal shall begin:

  • for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;
  • for other contracts, from the date of conclusion of the contract.

8.4.       In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.5.       The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

8.6.       The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw.

8.7.       The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8.       Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:

  • If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery available in the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
  • The consumer shall bear the direct costs of returning the Product.
  • In the case of a Product which is a service, the performance of which has begun - at the express request of the consumer - before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request shall be liable to pay for the performance provided until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

8.9.       The consumer's right of withdrawal from a distance contract does not apply to contracts:

  • (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller has performed the service he will lose the right of withdrawal, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of the performance is a non-refabricated product, produced to the consumer's specification or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a product supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer has explicitly requested the Seller to come to the consumer's home for repair and the service has already been fully performed with the consumer's express and prior consent.

8.10.     The provisions contained in this Section 8. of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.    PROVISIONS CONCERNING TRADERS

9.1.       This clause 9 of the Terms and Conditions and all provisions contained therein are addressed to and therefore binding on the Customer or Service Recipient who is not a consumer only. In addition, from 1 January 2021 and for contracts concluded from that date onwards, this section of the Terms and Conditions and all provisions contained therein are not directed at and thus do not bind a Customer or Service Recipient who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, unless the application to such persons of the provisions contained in this section of the Terms and Conditions is not prohibited.

9.2.       The Seller shall have 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 take place without giving 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 warranty for the Product or for the Product's non-conformity with the Sales Contract shall be excluded.

9.4.       The seller will respond to the complaint within 30 calendar days of receipt.

9.5.       The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

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

9.7.       The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

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

10.  PRODUCT REVIEWS

10.1.     The Seller allows its Customers to issue and access opinions about the Products and the Online Shop under the terms and conditions indicated in this section of the Terms and Conditions.

10.2.     It is possible for the Customer to give an opinion on a Product or on the Online Shop using a feedback form. This form may be made available directly on the website of the Online Shop (including through an external widget) or may be made available through an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

10.3.     An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.

10.4.     Adding opinions by Clients may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good morals.

10.5.     Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

10.6.     The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product in question. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:

  • Publication of an opinion issued using a form available directly on the website of the Online Shop requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Shop - in this case, the Seller checks whether that person has made a purchase at the Online Shop, and in the case of an opinion on a Product, the Seller additionally checks whether that person has purchased the Product being reviewed. Verification takes place without undue delay.

  • The Seller sends its Customers (including by means of an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.
  • In the case of doubts of the Seller or objections directed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer has bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Shop or has purchased the Product reviewed.
10.7.     Any comments, appeals against the verification of an opinion, or objections as to whether a given opinion comes from a Customer or whether a given Customer has bought a given Product may be made in a manner analogous to the complaint procedure indicated in section 6 of the Terms and Conditions.
10.8.     The Seller shall not post or cause to be posted by another person any untrue opinions or recommendations of Customers and shall not distort the opinions or recommendations of Customers in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

11.  TREATMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

11.1.     This Section 11 of the Regulations and all provisions contained herein are intended to fulfil the information obligations of equipment distributors within the meaning of Article 4(2) of the Waste Electrical and Electronic Equipment Act of 11 September 2015 (Journal of Laws of 2015, item 1688, as amended).
11.2.     It is prohibited to place waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
11.3.     The seller is obliged to take back waste equipment from households at its points of sale free of charge, provided that the waste equipment is of the same type and has performed the same functions as the sold equipment.
11.4.     When delivering household equipment to the Customer, the Seller is obliged to collect used household equipment free of charge at the place of delivery of such equipment, provided that the used equipment is of the same type and performed the same functions as the delivered equipment. The wish to hand over used equipment to the Seller in the above-mentioned case may be notified in the remarks for the Seller during the Order placement process and in electronic form via e-mail to: sales@vortexvr.eu immediately after the Customer places the Order.
11.5.     The customer, without having to purchase new equipment, has the possibility of returning used household equipment, none of whose external dimensions exceed 25 cm, at any shop with a sales area of at least 400 m2 dedicated to the sale of household equipment.

11.6.     The seller may refuse acceptance:

  • waste equipment which, because of its contamination, poses a risk to the health or life of persons receiving the waste equipment; and
  • incomplete waste equipment and parts from waste equipment, collection of which is prohibited in accordance with Article 35(1) of the Waste Electrical and Electronic Equipment Act of 11 September 2015 (Journal of Laws of 2015, item 1688, as amended).

11.7.     In the aforementioned cases, the customer may hand over the used equipment to an appropriate waste equipment collection point or to a treatment facility operator.

11.8.     Examples of waste equipment collection points in the City of Warsaw:

  • Selective Waste Collection Point (PSZOK) at 1 Płytowa Street, 03-046 Warsaw (Białołęka).
  • Selective Waste Collection Point (PSZOK) at 1 Zawodzie Street, 02-981 Warsaw (Mokotow).

11.9.     Information on all waste equipment collection points throughout the country is available by using the search engine in the state register of entities - BDO at the following web address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.

12.  FINAL PROVISIONS

12.1.     Contracts concluded through the Online Shop are concluded in the English language.

12.2.     Amendment of the Rules of Procedure:

  • The Service Provider reserves the right to amend these Terms and Conditions for important reasons, that is: changes to the law; changes to the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of these Terms and Conditions.
  • Notice of the proposed changes shall be sent at least 15 days in advance of the effective date of such changes, subject to change may be made without observance of the 15 day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in such a way that it is unable to comply with the 15-day notification period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified by the Service Provider in each case.
  • In the case of contracts of a continuing nature (e.g. provision of an Electronic Service - Account), the Customer has the right to terminate the contract with the Service Provider before the expiry of the notification period of the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if the Service Recipient has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receipt of the notification of the changes, the Service Recipient may accept the changes being made and thus waive the continuation of the notification period. In the case of the conclusion of a contract of a nature other than a continuing contract, the amendments to the Terms and Conditions will in no way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions will not affect Orders already placed or placed and Sales Contracts concluded, executed or performed.
  • Should a change to the Terms and Conditions result in the introduction of any new charges or an increase in current charges, the consumer has the right to withdraw from the contract.

12.3.     Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of commonly applicable law.

12.4.     These Terms and Conditions do not exclude provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller which cannot be excluded by contract. The Service Provider/Seller shall in such a case guarantee the consumer the protection afforded to him/her on the basis of provisions that cannot be contractually excluded.

13.  MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)


Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)
- EU Warehouse & Returns Address:
VortexVR- Completio
ul. Jedrzejowska 47
93-636 Lodz, Poland
Online shop: vortexvr.eu/en-ch/
E-mail: support@vortexvr.eu

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)
 
- Date of conclusion of contract(*)/receipt(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.