Terms and Conditions

§ 1
**Preliminary Provisions**
1. The online store vienyx, available at the internet address vienyx.com, is operated by Małgorzata Mariańska-Kozak conducting business under the name Małgorzata Mariańska-Kozak, entered into the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 522-230-28-56.
2. These Terms and Conditions are addressed to Consumers and define the rules and mode of concluding a Sales Agreement with a Consumer at a distance via the Store.
§ 2
**Definitions**
1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – a natural person conducting business under the name Małgorzata Mariańska-Kozak, entered into the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 522-230-28-56.
3. Customer – any entity making purchases via the Store.
4. Entrepreneur – a natural person, legal person, and organizational unit without legal personality, which a separate law grants legal capacity, conducting business on their own behalf, using the Store.
5. Store – the online store operated by the Seller at the internet address vienyx.com.
6. Distance Agreement – an agreement concluded with the Customer as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the moment of concluding the agreement.
7. Terms and Conditions – these terms and conditions of the Store.
8. Order – a declaration of will submitted by the Customer using the Order Form and directly aiming at concluding a Product Sale Agreement or Products with the Seller.
9. Order Form – an interactive form available in the Store allowing for the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sale Agreement, including the method of delivery and payment.
10. Cart – an element of the Store’s software in which the selected Products for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
11. Product – a movable item/service available in the Store which is the subject of the Sale Agreement between the Customer and the Seller.
12. Sale Agreement – a product sale agreement concluded or entered into between the Customer and the Seller via the Online Store. The Sale Agreement also means – according to the characteristics of the Product – an agreement for the provision of services and a contract for work.
§ 3
**Contact with the Store**
1. Seller’s address: ul. Zapustna 32A/7, Warsaw
2. Seller’s email address: contact@vienyx.com
3. Seller’s bank account number: 73 1030 0019 0109 8503 0007 6171
4. The Customer can communicate with the Seller using the addresses provided in this paragraph.
§ 4
**Technical Requirements**
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a. a terminal device with Internet access and a web browser,
b. an active email account.
§ 5
**General Information**
1. The Seller, to the widest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning 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. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
3. The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including charges for transportation, delivery, and postal services), about which the Customer is informed on the Store’s pages while placing the Order, including when expressing the will to be bound by the Sales Agreement.
4. When the nature of the subject of the Agreement does not allow, reasonably judging, to calculate the final (total) price in advance, information about how the price will be calculated, as well as charges for transportation, delivery, postal services, and other costs, will be provided in the Store in the Product description.
§ 6
**Order Placement Rules**
To place an Order:
1. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
2. fill out the Order Form by entering the recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data if they are different from the recipient’s details;
3. click the “Proceed to Checkout” button (or equivalent);
4. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period;
§ 7
**Offered Delivery and Payment Methods**
1. The Customer can use the following delivery or collection methods for the ordered Product:
   a. Postal delivery
   b. Courier delivery
2. The Customer can use the following payment methods:
   a. Payment by bank transfer to the Seller’s account
   b. Electronic payments
   c. Payment by credit card.
3. Detailed information about delivery methods and acceptable payment methods can be found on the Store’s pages.
§ 8
**Execution of the Sale Agreement**
1. The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 6 of the Terms and Conditions.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer an appropriate email message to the email address provided during the placement of the Order, which contains at least the Seller’s declarations of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sale Agreement. Upon receipt of the above email by the Customer, the Sale Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
   a. Payment by bank transfer, electronic payments, or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sale Agreement – otherwise, the order will be canceled.
4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer while placing the Order.
5. A. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
   B. In the case of ordering Products with different delivery dates, the Customer has the option to request the delivery of Products in parts or the delivery of all Products after completing the entire order.
6. The start of the delivery period for the Product to the Customer is counted as follows:
   a. In the case of choosing by the Customer the payment method by bank transfer, electronic payments, or credit card payment – from the date of crediting the Seller’s bank account.
7. The delivery of the Product takes place exclusively within Poland.
§ 9
**Right of Withdrawal**
1. The Consumer may withdraw from the Sale Agreement within 14 days without giving any reason, and in case of a return, the funds will be returned within 14 days. Returns should be sent to the contact address (Fasolowa 22C, Warsaw 02-482).
2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch, or part.
4. In the case of an Agreement that involves regular delivery of Products for a specified period (subscription), the period indicated in paragraph 1 runs from the taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiry of this period.
6. The statement can be sent by traditional mail or electronically by sending the statement to the Seller’s email address specified in § 3. The statement can also be made on the template form annexed to the Consumer Rights Act of May 30, 2014, but it is not obligatory.
9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as the cost of returning the Product, will be provided in the Product description in the Store.
10. The right to withdraw from a distance contract does not apply to the Consumer in relation to the
 Agreement:
   a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy their individualized needs,
   b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the package was opened after delivery,
   c. in which the subject of the service is an item that is perishable or has a short shelf life,
   d. for the provision of services if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the provision began that after the performance by the Seller, they would lose the right to withdraw from the Agreement,
   e. in which the price or remuneration depends on fluctuations in the financial market that the Seller does not control, and which may occur before the expiry of the withdrawal period,
   f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
   g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sale agreement, and the delivery of which can only take place after 30 days, and the value of which depends on fluctuations in the market that the Seller does not control,
   h. in which the subject of the service are audio or visual recordings or computer software delivered in a sealed package if the package was opened after delivery,
   i. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements,
   j. for the delivery of digital content that is not recorded on a tangible medium if the performance began with the Consumer’s explicit consent before the expiry of the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the Agreement.
§ 10
**Complaint and Warranty**
1. The Sale Agreement covers new Products.
2. In the event of a defect in the purchased goods from the Seller, the Customer has the right to complain based on the warranty provisions in the Civil Code.
3. The complaint should be submitted in writing or electronically to the addresses specified in these Terms and Conditions.
4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not respond within this period, it is assumed that the Customer’s request was considered justified.
5. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.
6. If the Product is covered by a warranty, information about it and its content will be included in the Product description in the Store.
§ 11
**Alternative Dispute Resolution Methods**
1. Detailed information about the possibilities for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses 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 using out-of-court complaint and redress procedures:
   a. The Consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
   b. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
   c. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (among others, the Consumers’ Federation, the Association of Polish Consumers).
§ 12
**Personal Data and Their Processing in the Online Store**
1. The administrator of the personal data of Customers collected via the Online Store is the Seller.
2. The personal data of Customers collected by the administrator via the Online Store is collected for the purpose of executing the Sale Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of the personal data of the Customers of the Online Store may be:
   a. In the case of a Customer who uses the delivery method by postal or courier service in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment on behalf of the Administrator.
   b. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The Customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but the failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sale Agreement results in the inability to conclude this agreement.
§ 13
**Final Provisions**
1. Agreements concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change with at least 7 days’ notice.
3. In matters not covered 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; the Act on Consumer Rights; and the Act on the Protection of Personal Data.
4. The Customer has the right to use out-of-court complaint and redress methods. To this end, they can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.