Regulations of the volant.pl online store
§1 General provisions
1. These Regulations apply to contracts concluded via the volant.pl Online Store, available at the Internet address volant.pl
2. The Regulations specify in particular the rules for placing orders and the delivery of Products and the Customer’s rights related to the purchased Product (including the right to withdrawal from the sales contract) and complaints under the sales warranty. The rules regarding complaints under the warranty provided by the manufacturer are set out in the General Warranty Terms and Conditions, constituting Appendix 3 to the Regulations. These Regulations are an integral part of the sales contract concluded via the Online Store.
3. The volant.pl online store is run by VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in 08-110 Siedlce, Żelków Kolonia, Stalowa 16, NIP PL 8212467043, REGON number: 140 758 518, entered into the National Court Register, with share capital PLN 100,000.00.
4. 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.
§2 Definitions
The terms and phrases used in these Regulations mean:
1. Seller – VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA, 08-110 Siedlce, Żelków Kolonia, Stalowa 16, NIP PL 8212467043, REGON number: 140 758 518, entered into the National Court Register, with capital share capital PLN 100,000.00.
2. Customer – any entity performing legal transactions with the Seller through the Store.
3. Consumer – a customer who is a natural person, concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
4. Entrepreneur – a customer who is a natural person, a legal person or an organizational unit that is not a legal person, to whom a separate act grants legal capacity, who performs business activity on his own behalf, who performs a legal transaction related to this activity through the Store.
5. Store – an online store run by the Seller at the Internet address volant.pl.
6. Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (as part of 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 time of conclusion of the contract.
7. Provision of services by electronic means – performance of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Customer, sent and received using devices for electronic processing, including digital compression, and data storage, which is fully broadcast, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law.
8. Regulations – these regulations of the Online Store.
9. Order – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
10. 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.
11. 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.
12. Product – a movable item available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
13. Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
14. Business day – means a calendar day, excluding Saturdays, Sundays and days recognized by law as non-working days.
15. General Warranty Terms and Conditions – constituting an integral part of each sales contract concluded between the Seller and the Buyer, regarding the Products offered by the Seller in the Store, constituting the conditions specifying the rules and procedure for granting guarantees and complaints based on warranty claims.
§3 Contact with the Seller
The Customer, as well as any interested person, may contact the Seller using the following contact details:
1. Seller’s address: 08-110 Siedlce, Żelków Kolonia, Stalowa 16
2. Addresses of the Collection Point for Returned or Complained Products Żelków-Kolonia ul. Stalowa 16, 08-110 Siedlce, Poland
3. Seller’s e-mail address: info@volant.pl
4. Seller’s telephone number: +48 882 105 824
5. Seller’s bank account number
1. For EUR payments: 08 1140 1094 0000 2472 7000 1002
2. For PLN payments: 59 9194 0007 0025 5888 3000 0010
6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
7. The Customer may communicate with the Seller by phone on working days, from 8.00 to 16.00.
§4 Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a. a terminal device with access to the Internet and a web browser such as •
Google Chrome
Mozilla Firefox
Opera
Safari Microsoft Edge,
b. -mail),
c. cookies enabled,
d. FlashPlayer installed.
§ 5 Using the Store
1. The Seller, to the fullest 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 customer is solely responsible for ensuring technical compatibility between the computer hardware or end device he uses and the ICT or telecommunications system and the Store.
3. The Seller is not responsible for the consequences of using the Store by the Customer in a manner contrary to applicable law, the Regulations or the rules of social coexistence or customs adopted in this respect.
4. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Store due to the need for maintenance, review or expansion of the technical base, provided that this does not violate the rights of the Customer.
5. Browsing the Store’s assortment, as well as placing Orders, does not require creating an account. Placing Orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data enabling the execution of the Order without creating an account.
6. In order to place an Order, the Customer should follow the messages displayed on the Store’s website when placing the Order.
7. Information about the Products is available on the Store’s website and constitutes an invitation to conclude a Sales Agreement, within the meaning of Art. 71 of the Civil Code.
8. The prices given in the Store are given in Polish zlotys or in Euro and are gross prices (including VAT). Product prices indicated on the Store’s website do not include delivery costs.
9. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including
in the moment of expressing the will to be bound by the Sales Agreement.
§6 Rules for placing an Order
1 In order to place an Order, the Customer selects a given Product or more Products using the add to cart option. The Seller within the Store conducts only retail sale of the Products offered, therefore it is unacceptable to purchase more than 2 pieces of a given Product via the Store per day.
2 Then, further actions of the Customer should be in accordance with the instructions on the Orders page in the Store.
3 In order to complete the Order process in the Store, it will be necessary to:
3.1 accept these Regulations of the Online Store,
3.2 confirm that you have read the Information Clause on the processing of personal data,
3.3 confirm that you have read the General Warranty Terms and Conditions,
4 After the Customer has made the above-mentioned confirmations and acceptance, the Customer completes the Order Form, in which it will be necessary to:
4.1 indicate the Customer’s data, such as name and surname or name and address of residence or registered office,
4.2 indicate the recipient’s data and the place of delivery of the purchased Products,
4.3 indication of the telephone number,
4.4 indication of the e-mail address,
4.5 payment in accordance with the procedure used on the Orders page in the Store.
4.6 In the event that the Customer making a purchase as part of his business or professional activity wants to receive a VAT invoice, then it will also be necessary to provide full details of the company, such as name, registered office address and NIP number.
4.7 If the Customer uses installment payments or uses the leasing option, it may be necessary to provide additional data other than those specified above in order to consider the application for the conclusion of a loan or leasing agreement. What data will be necessary to consider the
loan or leasing application is determined by the system of the financing institution, to which the Customer will be automatically transferred after placing the Order, if he intends to use one of these options.
5 The order placed by the Customer will be confirmed by the Seller by sending an e-mail to the e-mail address indicated by the Customer when placing the Order.
6 If the Customer fails to pay within 72 hours of sending information about the order confirmation to the Customer’s e-mail address, the Order is considered canceled, which results in not submitting it for execution. If the Customer intends to use the payment in installments or the leasing option, in the absence of the consent of the institution granting the loan or financing the leasing, to conclude an appropriate contract with the Customer, sentence 1 of this paragraph shall apply accordingly. 7 Confirmation of acceptance of the Order for execution will be sent by the Seller immediately after the Seller receives payment for the Ordered Products. As soon as the Customer receives a message about the acceptance of the order for execution, a Distance Agreement – Sales Agreement is concluded between the Seller and the Customer.
8. In the event that the customer uses installment payments or leasing options, the confirmation of acceptance of the Order for execution takes place immediately after the Seller receives confirmation of the conclusion by the Customer of the relevant agreement with the institution granting the loan or financing.
9. The Seller is entitled to refuse to accept the Customer’s Order for justified reasons, in particular when:
9.1
. circumstances related to the submitted Order indicate the possibility of fraud,
9.3 The Customer placing the order violates the provisions of these Regulations.
10. The Seller shall immediately inform the Customer by e-mail in the event of refusal to accept the Order for the reasons indicated in paragraph 9 above.
§7 Terms of delivery and payment
1 The delivery of the Products takes place, subject to sec. 2 and 3, within 14 Business Days, from:
1.1 the day of placing and paying for the Order (if the Customer uses one of the payment methods indicated in paragraphs 10.1 – 10.3 below)
1.2 the day of receipt by the Seller of confirmation of the conclusion by the Customer and the appropriate contract financing institution (when the Client uses the options indicated in section 11 or 12 below).
2 Indicated in par. 1 delivery date, does not apply to Products made to individual Customer’s order, for which the delivery time is 30 Business Days.
3. When placing an Order, the Customer may choose a different – later date for its implementation than it results from the above provisions of the Regulations.
4. The Seller will inform the Customer via the e-mail address indicated when placing the Order, about the next stages of the Order.
5 The delivery of Products takes place only within the territory of the European Union.
6. Products are delivered to the Customer via
the Seller’s own transport or a courier company providing transport services to the Seller.
7 Delivery costs depend on the method of delivery, weight and dimensions of the purchased Products, as well as the country in which the delivery is to be made. Delivery costs are provided on the Store’s website when placing an order, including immediately before placing it.
8 The delivery of the ordered Products does not include bringing them in. Shipments under the placed Order are delivered in front of the entrance to the building indicated as the delivery address in the Order or to the unloading yard located on the property indicated as the delivery address.
9. The Customer may use the following payment methods:
9.1 Payment by bank transfer to the Seller’s account,
9.2 Electronic payments made via payment systems:
9.2.1 “Traditional transfer”
9.2.2 “PayPal”
10 The Customer may also make payments in installments, on the terms specified in the Regulations of installment sales via the VOLANT online store, constituting Appendix 2 to the Regulations.
11 With regard to some of the Products offered for sale, it is possible to lease the Products on the terms and conditions set out in a separate leasing agreement. Information about the Products available in the leasing option can be found on the Store’s website.
12 Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§8 Right to withdraw from the contract
1 Pursuant to Art. 27 of the Act on Consumer Rights, the Customer who is a Consumer has the right to withdraw from the Agreement concluded via the Store, without giving reasons and without incurring costs, except for the costs referred to below, within 14 days from the date of receipt of the Products (by the Consumer or indicated by the Consumer), and in the case of a contract which:
1.1 covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part, 1.2
consists in regular delivery of items for a specified period – from taking possession of having the first thing.
2 The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of the deadline indicated in paragraph
1 above. The Consumer’s statement may be made in writing and sent in writing to the Seller’s address indicated in §3 section 1 or delivered personally to the Seller’s address.
3. The Consumer submitting the declaration may, but does not have to, use the model withdrawal form attached as Appendix 1 to these Regulations and sent to the Consumer together with the confirmation of the Order.
4 In the event of effective exercise of the right to withdraw from the contract, the contract shall be deemed not concluded, and any benefits of the parties and remuneration received as a result of the performance of the contract shall be returned (subject to paragraphs 8, 9, 10 and 11 below). If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
5 The consumer is obliged to return the Products within 14 days from the date on which he withdrew from the contract.
6 The consumer is obliged to bear the direct costs of returning the Products.
7. The Products should be returned by:
7.1 delivering them by the Customer to the Collection Point for the Returned or Complained Products, indicated in §3 sec. 2.
7.2 handing over the Products to a person authorized by the Seller to collect them, if the Seller agrees with the Consumer that he will collect the Product himself.
8 The return of all payments made by the Customer in connection with the contract from which the Consumer withdrew, including the costs of delivering the Product (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller in the Store), will be made in within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, using the same method of payment as used by the Consumer.
9 If the Consumer withdraws from the sales contract only in the scope of some Products that were covered by one order:
9.1 The Seller will reimburse the part of the delivery costs that was related to the returned Products (i.e. the return of the delivery costs will be in the part in which the inclusion of the returned Products in the entire order causes an increase in its delivery costs), 9.2 the costs of delivery of the Products that the
Consumer is obliged to incur in connection with the delivery of that part of the Products for which the Consumer has not withdrawn from the contract.
10. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Product back or delivery by the Consumer of proof of its return, depending on which event occurs first.
11. The consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
12. The right to withdraw from the contract concluded through the Store is not entitled to the Consumer in relation to contracts:
12.1 for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from contract,
in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
12.3 in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
12.4 in which the Consumer explicitly demanded that the Seller’s representative come to him for urgent repair or maintenance, if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the contract in relation to additional services or Products.
§9 Complaints and warranty
1 The Sales Agreement covers new Products.
2 The Seller is obliged to deliver Products free from physical and legal defects.
3 In the event of a defect in the Product purchased from the Seller, the Consumer has the right to make a complaint based on the provisions on warranty in the Civil Code (Article 556 et seq.). If the Customer is an Entrepreneur, the parties exclude liability
Sellers under warranty. In this case, the Entrepreneur has the right to take advantage of the warranty provided by the manufacturer, on the terms set out in the General Warranty Terms and Conditions. The following rules apply only to complaints resulting from the use by the Customer who is a Consumer of the rights under the warranty for defects. The rules regarding the Customer’s complaint claims, pursued on the basis of the warranty of the Products sold, are set out in the General Warranty Terms and Conditions. If the Consumer submits complaint claims, in the absence of an indication of the title under which he is pursuing his claims, in case of doubt, it is assumed that he is pursuing complaint claims under the warranty.
4. The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Consumer or resulted from causes inherent in the Product sold at the same time. The warranty period is two years and starts from the date of delivery of the Product to the Customer.
5 If the Product has a defect, the Consumer may submit a statement of price reduction or withdrawal from the sales contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or remove the defect.
6. The Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. the seller.
7 The customer may not withdraw from the contract if the defect is insignificant.
8 A complaint should be submitted in writing or electronically to the Seller’s address or e-mail address provided in these Regulations. The customer may submit a complaint using the ready Complaint Submission form (Appendix 4 to the Regulations). The Complaint Form may also be used by a Customer who is an Entrepreneur who pursues a complaint under the warranty provided by the Seller, following the instructions contained in the form.
9 The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the Seller’s expense to the address of the Collection Point for the returned or
of the Claimed Products indicated in §3 sec. 2. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located. The provisions of this paragraph apply to the return of the Product in the event of withdrawal from the contract and replacement of the Product with a defect-free one.
10 A complaint should contain in particular: a brief description of the defect, circumstances (including the date) of its finding, photos of the Product complained about,
The Customer submitting the complaint (name and surname, address and e-mail address), Product name and its catalog number, indication of the date of purchase of the Product and the Customer’s request in connection with the submitted complaint. Together with the complaint, no later than within 3 days of its submission, the Customer should deliver the Product subject to the complaint or provide proof of sending the product within this period. The Seller reserves the right to ask the Customer to supplement the information contained in the complaint, if the data provided is incomplete, which makes it impossible to consider the complaint. Failure to complete the application means that the complaint procedure cannot be initiated.
11. The basis for considering complaint claims is the proof of purchase of the Product provided by the Customer. Proof of purchase or a copy thereof must be provided with the complaint.
12 The Seller shall respond to the complaint request immediately, not later than within 14 days, from the date of receipt of a complete request for replacement of the item or removal of the defect or submission by the Consumer of a statement on price reduction, specifying at the same time the amount by which the price is to be reduced, and if it fails to do so within this period, it is considered that the Customer’s request was justified.
13. The Seller notifies the Customer about the method of considering the complaint by sending a message to the e-mail address or, in the absence of this address, to the Customer’s postal address.
14 If the Seller, under the provisions of the warranty, delivers a product free from defects, he may also demand the return of the defective Product.
15 The Customer who is a Consumer, after completing the complaint procedure, may use out-of-court methods of dealing with complaints and pursuing claims. The consumer may, in particular, use mediation procedures provided by the provincial inspectorates of the Trade Inspection or permanent consumer arbitration courts operating at the provincial inspectorates of the Trade Inspection. Detailed information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection. Important information in this regard can also be obtained on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. In the event of a dispute involving the Consumer, its out-of-court resolution may also be used by the ODR online platform, which is available at: http://ec.europa.eu/consumers/odr/. The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute agree to it. The above provision is informative and does not mean the Seller’s consent to participate in out-of-court methods of dealing with complaints and pursuing claims (dispute resolution). In the event of a dispute involving the Consumer, its out-of-court resolution may also be used by the ODR online platform, which is available at: http://ec.europa.eu/consumers/odr/. The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute agree to it. The above provision is informative and does not mean the Seller’s consent to participate in out-of-court methods of dealing with complaints and pursuing claims (dispute resolution). In the event of a dispute involving the Consumer, its out-of-court resolution may also be used by the ODR online platform, which is available at: http://ec.europa.eu/consumers/odr/. The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute agree to it. The above provision is informative and does not mean the Seller’s consent to participate in out-of-court methods of dealing with complaints and pursuing claims (dispute resolution). when both parties to the dispute agree to it. The above provision is informative and does not mean the Seller’s consent to participate in out-of-court methods of dealing with complaints and pursuing claims (dispute resolution). when both parties to the dispute agree to it. The above provision is informative and does not mean the Seller’s consent to participate in out-of-court methods of dealing with complaints and pursuing claims (dispute resolution).
§10 Personal data in the Online Store
1 The administrator of Customers’ personal data collected via the Online Store is the Seller VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA, with its registered office in 08-110 Siedlce, Żelków Kolonia, Stalowa 16, NIP PL 8212467043, REGON number: 140 758 518, entered into the National Court Register, with a share capital of PLN 100,000.00 – hereinafter referred to in this paragraph as the Administrator.
2 The Administrator indicates the contact details of the Personal Data Protection Inspector appointed by the Administrator, who can be contacted in all matters related to the protection of personal data: info@volant.pl
3. Personal data provided by the Customers in connection with the placed order are processed in order to provide the service provided electronically – in particular, for the purpose necessary to perform the Order placed in the Store (on the terms set out in the Regulations). The legal basis for such processing is Art. 6 sec. 1 letter b) of Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation”). In addition, these data will be processed by the Seller for the purpose of marketing own services, in cases where the Customer agrees to it, based on the legal basis specified in art. 6 sec. 1 lit. a) the general regulation on data protection.
4 The Customer’s personal data will be stored by the Seller for the duration of the contract for the provision of electronic services concluded as part of the Store and after its completion, in order for the Seller to implement the rights and obligations arising from applicable law, including in particular tax obligations
.
5 The customer has the right to access his personal data, rectify it, delete or limit processing, the right to object to further processing (if the basis for processing is the legitimate interest of the administrator), the right to transfer personal data and the right to lodge a complaint to the authority supervisory authority in the field of personal data protection.
6 Providing personal data is voluntary, but filling in the fields marked as “mandatory fields” is necessary to complete the order in the Store and to issue an invoice (if the Customer requests it).
7. The Seller takes the utmost care in the protection of personal data and the right to privacy. All information protection measures used by the Seller comply with the protection standards referred to in the General Data Protection Regulation and in other generally applicable laws. Personal data sent electronically is secured using cryptographic means of personal data protection (https protocol).
8. The Seller, in written contracts, the content of which is compliant with the General Data Protection Regulation, may entrust the processing of Customers’ personal data to: 8.1 the
carrier providing transport services to
the Seller, to the extent necessary to achieve the goal of delivering the ordered Products,
8.2 if the Customer uses the electronic payment method or payment card in the Store, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Store, to the extent necessary to make payment via the electronic payment system or payment card, 8.3 in the event
that The customer uses installment payments or uses the leasing option, then the Seller provides the customer’s personal data to the financial institution that finances the loan or leasing for the purposes necessary to submit a loan application or financing.
§11 Final Provisions
1. The Regulations come into force on September 1, 2020.
2. Agreements concluded through the Online Store are concluded in Polish.
3. The Seller reserves the right to amend the Regulations for important reasons, that is: 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 amended Regulations will apply to orders placed from the date of entry into force of the changes, with the reservation that the amended Regulations will be made available on the Store’s website in a way that allows you to read the amended Regulations in an equally accessible manner as in the case of the current Regulations and with the reservation that The customer will confirm that he has read and accepted the amended Regulations before placing an order for which such amended Regulations will apply.
4. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
Appendix No. 1 – Template of a declaration of withdrawal from an off-premises contract
Appendix No. 3 – General warranty conditions
Appendix No. 4 – Template of a complaint.pl
