VIKING-EUROPE.COM
ONLINE STORE REGULATIONS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS OF SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR PRODUCTS
5. COST, METHODS, AND TERMS OF PRODUCT DELIVERY AND PICKUP
6. COMPLAINT RESOLUTION PROCEDURE
7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND ENFORCEMENT OF CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. FINAL PROVISIONS
12. TEMPLATE OF WITHDRAWAL FORM FROM THE AGREEMENT
This Online Store Regulation has been prepared by the lawyers of Prokonsumencki.pl. The online store www.viking-europe.com cares about consumer rights. A consumer cannot waive the rights granted to them by the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. The provisions of this Regulation are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of the law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of this Regulation and the above-mentioned provisions, the priority is given to the latter, and they should be applied.
1. GENERAL PROVISIONS
1.1. The online store available at the website www.viking-europe.com is operated by LARIX JANUSZ PIEŁA SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Bielsko-Biała (registered address: ul. Elizy Orzeszkowej 40, 43-300 Bielsko-Biała, Poland; and correspondence address: ul. Bielska 1124, 43-374 Buczkowice, Poland); entered into the National Court Register under the number KRS 0000950849; the court of registration where the company's documentation is kept: District Court in Bielsko-Biała, VIII Economic Division of the National Court Register; share capital: PLN 50,000, fully paid; NIP (Tax Identification Number): 5471948356; REGON: 072740844; email address: info@viking-europe.com; and contact phone number: +48 33 828 18 30.
1.2. This Regulation is addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulation states otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of this Regulation is the Seller. Personal data is processed for the purposes, duration, and based on the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and duration of processing personal data, as well as the rights of individuals whose data is processed, and information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, with exceptions specified in the privacy policy (conclusion of an agreement and Seller's legal obligations).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, especially by adding Products to the electronic shopping cart and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality that has legal capacity – entering into or intending to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, designated by an individual name (login) and password provided by the Service Recipient, a set of resources in the IT system of the Service Provider where data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, enabling all Service Recipients using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – available in the Online Store (1) a movable item (including a movable item with digital elements, i.e., containing digital content or a digital service or connected with them in such a way that the lack of digital content or a digital service would prevent its proper functioning) or (2) a service (including a digital service and other than digital), which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE – the online store of the Service Provider available at the website: www.viking-europe.com.
1.4.11. SELLER, SERVICE PROVIDER – LARIX JANUSZ PIEŁA SPÓŁKA KOMANDYTOWO-AKCYJNA with its registered office in Bielsko-Biała (registered address: ul. Elizy Orzeszkowej 40, 43-300 Bielsko-Biała, Poland; and correspondence address: ul. Bielska 1124, 43-374 Buczkowice, Poland); entered into the National Court Register under the number KRS 0000950849; the court of registration where the company's documentation is kept: District Court in Bielsko-Biała, VIII Economic Division of the National Court Register; share capital: PLN 50,000, fully paid; NIP: 5471948356; REGON: 072740844; email address: info@viking-europe.com; and contact phone number: +48 33 828 18 30.
1.4.12. SALES AGREEMENT – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store and not constituting a Product.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality that has legal capacity – using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER – the Customer's declaration of intent made using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN AN ONLINE SHOP
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – The use of the Account is possible after the Service Recipient completes two consecutive steps: (1) filling out the Registration Form, (2) clicking the "Register" button. In the Registration Form, the Service Recipient must provide the following data: name, email address, and password. An Account can also be created by checking the appropriate checkbox during the Order placement – the Account is created at the time of placing the Order.
2.1.1.1. 2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient has the option to delete the Account (unsubscribe from the Account) at any time and without giving any reason by sending a relevant request to the Service Provider, especially via email to: info@viking-europe.com or in writing to the address: ul. Bielska 1124, 43-374 Buczkowice, Poland.
2.1.2. Order Form – The use of the Order Form begins with the Customer adding the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps: (1) filling out the Order Form and (2) clicking on the Online Store's website after completing the Order Form, the "Confirm Purchase" button – up to this moment, there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store's website). In the Order Form, the Customer must provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product/s, quantity of the Product/s, place and method of delivery of the Product/s, method of payment. For Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Electronic Service Order Form is provided free of charge, has a one-time character, and ends with the placement of the Order through it or with the earlier discontinuation of placing the Order through it by the Service Recipient.
2.1.3. Newsletter – Using the Newsletter occurs after providing the email address in the "Newsletter" tab visible on the Online Store's website, to which subsequent editions of the Newsletter are to be sent, and clicking the "Subscribe" button. The Newsletter can also be subscribed to by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option to unsubscribe from the Newsletter (unsubscribe from the Newsletter) at any time and without giving any reason by sending a relevant request to the Service Provider, especially via email to: info@viking-europe.com or in writing to the address: ul. Bielska 1124, 43-374 Buczkowice, Poland.
2.2. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) computer, laptop, or other multimedia device with internet access; (2) access to email; (3) internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the capability to save Cookies and support Javascript in the internet browser.
2.3. The Service Recipient is obliged to use the Online Store in accordance with the law and good manners, taking into account the respect for personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product or the remuneration for the Product displayed on the Online Store's website is given in Polish zlotys and includes taxes. The Customer is informed about the total price or remuneration with taxes, and when the nature of the Product does not allow, reasonably estimating, for the prior calculation of their amount - the method in which they will be calculated, as well as 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. This information is provided on the Online Store's pages, including during the Order placement and at the moment of expressing the Customer's will to be bound by the Sales Agreement. In the case of a Sales Agreement for an indefinite period or involving a subscription, the Seller provides in the same way the total price or remuneration covering all payments for the settlement period, and when the Sales Agreement provides for a fixed rate - also the total monthly payments.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form:
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receiving the Order and its acceptance for processing is done by sending a relevant e-mail message to the e-mail address provided by the Customer during the Order placement. The email contains at least the Seller's statements about receiving the Order and accepting it for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded between the Customer and the Seller upon the Customer receiving the above-mentioned email.
3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer through (1) making this Regulation available on the Online Store's website and (2) sending the Customer an email as mentioned in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash on delivery upon personal pickup.
4.1.3. Electronic payments and card payments via the Autopay.pl service – the currently available payment methods are specified on the Online Store's website in the information tab regarding payment methods and on the website https://www.autopay.pl..
4.1.3.1. Electronic payments and card payments with Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, through the Autopay.pll service.
4.1.3.2. The service for electronic payments and card payments is provided by Autopay.pl – a company Autopay S.A. based in Sopot (address: ul. Powstańców Warszawy 6, 81-718 Sopot, Poland), entered into the National Court Register under number: 0000320590, kept by the District Court Gdańsk - Północ in Gdańsk VIII Economic Department of the National Court Register, share capital: PLN 2,205,500.00, fully paid, Tax Identification Number (NIP): 5851351185.
4.2. Payment terms:
4.2.1. In the case of the Customer choosing electronic payments or card payments, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of the Customer choosing cash on delivery upon receipt of the shipment or cash on delivery upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.
5. COSTS, METHODS, AND TERMS OF DELIVERY, AND PRODUCT PICKUP
5.1. Product delivery is available in the territory of the Republic of Poland.
5.2. Product delivery to the Customer is free of charge unless the Sales Agreement provides otherwise. The costs of delivering the Product (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and during the Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3. Personal pickup of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or Product pickup:
5.4.1. Courier shipment, cash on delivery courier shipment.
5.4.2. Parcel locker shipment.
5.4.3. Personal pickup available at the address: ul. Bielska 1124, 43-374 Buczkowice, Poland – on Business Days, from 08:00 am to 4:00 pm.
5.5. The delivery time of the Product to the Customer is up to 7 Business Days unless a shorter period is specified in the description of a specific Product or during Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 7 Business Days. The start of the delivery time of the Product to the Customer is calculated as follows:
5.5.1. In the case of the Customer choosing electronic payments or card payments – from the day of crediting the Seller's bank account or settlement account.
5.5.2. In the case of the Customer choosing cash on delivery – from the day of concluding the Sales Agreement.
5.6. The readiness time of the Product for pickup by the Customer – in the case of the Customer choosing personal pickup of the Product, the Product will be ready for pickup by the Customer within 2 Business Days unless a shorter period is specified in the description of a specific Product or during Order placement. In the case of Products with different readiness times for pickup, the readiness time for pickup is the longest specified period, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for pickup. The start of the readiness time of the Product for pickup by the Customer is calculated as follows:
5.6.1. In the case of the Customer choosing electronic payments or card payments – from the day of crediting the Seller's bank account or settlement account.
5.6.2. In the case of the Customer choosing cash on delivery upon personal pickup – from the day of concluding the Sales Agreement.
6. COMPLAINTS PROCEDURE
6.1. This section 6 of the Regulations defines the procedure for handling complaints common to all complaints submitted to the Seller, especially those regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller's or Online Store's operation.
6.2. A complaint can be submitted, for example:
6.2.1. in writing to the address: ul. Bielska 1124, 43-374 Buczkowice, Poland;
6.2.2. electronically via email to: info@viking-europe.com.
6.3. Sending or returning the Product as part of a complaint can be done to the address: ul. Bielska 1124, 43-374 Buczkowice, Poland.
6.4. It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of occurrence of irregularities or non-compliance with the agreement; (2) a request for how to bring the Product into conformity with the agreement or a statement of a price reduction or withdrawal from the agreement or other claims; and (3) contact details of the complainant - this will facilitate and expedite the consideration of the complaint. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. In case the complainant changes the provided contact details during the complaint consideration, they are obliged to inform the Seller about it.
6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant for additional information or evidence (e.g., photos) if it facilitates and speeds up the consideration of the complaint.
6.7. The Seller will address the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller's legal liability are determined by generally applicable laws, in particular, the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 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:
6.8.1. In the case of a complaint about a Product – a movable item – purchased by the Customer based on a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, especially articles 556-576 of the Civil Code, apply. These provisions specify the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). According to article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased in accordance with the above provision is excluded in relation to a Customer who is not a consumer.
6.8.2. In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding a movable item that serves exclusively as a carrier of digital content – purchased by the Customer based on a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, especially articles 43a-43g of the Consumer Rights Act, apply. These provisions specify the basis and scope of the Seller's liability towards the consumer in case of non-compliance of the Product with the Sales Agreement.
6.9. In addition to the statutory liability, a warranty may be granted for the Product – this is contractual (additional) liability, and it can be used when a given Product is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including information about the entity responsible for the warranty fulfillment and the entity entitled to benefit from it, are available in the warranty description, e.g., in the warranty card or another document regarding the warranty. The Seller points out that in the case of non-compliance of the Product with the agreement, the Customer has legal remedies at the expense of the Seller and that the warranty does not affect these legal remedies.
6.10. The provisions of section 6.8.2 of the Regulations regarding the consumer also apply to a Customer who is a natural person entering into an agreement directly related to their business activity when it results from the content of that agreement that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND ENFORCEMENT OF CLAIMS, AND ACCESS TO THESE PROCEDURES
7.1. Out-of-court dispute resolution methods include (1) facilitating the approximation of the parties' positions, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation, and (3) settling the dispute and imposing a solution on the parties, e.g., through arbitration. Detailed information on the possibilities for a consumer to use out-of-court methods of complaint resolution and enforcement of claims, access to these procedures, and a consumer-friendly search engine for entities dealing with out-of-court 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 with the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information regarding out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling the number +48 22 55 60 332 or +48 22 55 60 333; (2) by email – by sending a message to the address: kontakt.adr@uokik.gov.pl, or (3) in writing or in person – at the Office's headquarters at plac Powstańców Warszawy 1, Warsaw, Poland (00-030).
7.3. The consumer has the following exemplary possibilities to use out-of-court methods of complaint resolution and enforcement of claims: (1) submitting a request for dispute resolution to a permanent consumer arbitration court; (2) submitting a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) seeking assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Consumer Association of Poland). Advice is provided, among others, by email at porady@dlakonsumentow.pl and by calling the consumer helpline at +48 801 440 220 (helpline available on business days, from 8:00 am to 6:00 pm, connection fee according to the operator's tariff).
7.4. The internet platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information on the platform's website or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html.
8. WITHDRAWAL FROM THE AGREEMENT
8.1. A consumer who has concluded a distance agreement may withdraw from it within 30 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.7 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiration. The statement of withdrawal from the agreement can be submitted, for example:
8.1.1. in writing to the address: ul. Bielska 1124, 43-374 Buczkowice, Poland;
8.1.2. electronically via email to: info@viking-europe.com;
8.2. Return of the Product - movable items (including movable items with digital elements) in the event of withdrawal from the agreement may be sent to the address: ul. Bielska 1124, 43-374 Buczkowice, Poland.
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in point 12 of the Regulations. The consumer can use the template form, but it is not mandatory.
8.4. The period for withdrawal from the agreement begins:
8.4.1. for an agreement in which the Seller releases the Product, being obliged to transfer its ownership – from the moment the consumer or a third party other than the carrier indicated by them takes possession of the Product, and in the case of an agreement that: (1) covers multiple Products delivered separately, in batches or in parts – from the moment of taking possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period – from the moment of taking possession of the first of the Products;
8.4.2. for other agreements – from the day of concluding the agreement.
8.5. In the event of withdrawal from a distance agreement, the agreement is considered not concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to refund to the consumer all payments made by them, including the cost of delivering the Product - movable item, including movable items with digital elements (excluding additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery available in the Online Store). The Seller makes the refund using the same payment method that the consumer used, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is returned or until the consumer provides proof of its return, depending on which event occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it within 14 calendar days from the day they withdrew from the agreement unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiration.
8.6.3. The consumer is responsible for reducing the value of the Product - movable item (including movable item with digital elements) - resulting from using it in a way that goes beyond necessary to determine the nature, characteristics, and functioning of the Product.
8.7. Possible costs related to the consumer's withdrawal from the agreement, which the consumer is obliged to bear:
8.7.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method other than the cheapest standard delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.7.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.7.3. In the case of a service that, at the express request of the consumer, started before the expiration of the withdrawal period, the consumer who exercises the right to withdraw from the agreement after making such a request is obliged to pay for the services provided until the withdrawal. The amount of payment is calculated proportionally to the scope of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.7.4. In the case of using the return option mentioned in point 8.1.3. of the Regulations, the customer bears the cost of such a return.
8.7.4.1. The cost mentioned in point 8.7.4. of the Regulations is deducted from the funds intended for the refund in connection with the withdrawal from the Agreement.
8.7.4.2. The Seller issues a corrective invoice for the deduction
8.8. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.8.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the explicit and prior consent of the consumer, who was informed before the commencement of the service that, upon completion by the Seller, the right of withdrawal from the contract will be forfeited, and the consumer acknowledged this fact; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiration of the withdrawal period; (3) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, produced according to the consumer's specifications or serving to satisfy their individualized needs; (4) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - prone to rapid deterioration or having a short shelf life; (5) where the subject of the service is a Product - a movable item (including a movable item with digital elements) - delivered in sealed packaging, which, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service is Products - movable items (including movable items with digital elements) - which, due to their nature, become inseparably connected with other movable things, including movable things with digital elements, after delivery; (7) where the subject of the service is alcoholic beverages, the price of which was agreed upon the conclusion of the Sales Agreement, and the delivery can only take place after 30 days, and their value depends on market fluctuations over which the Seller has no control; (8) where the consumer explicitly requests the Seller to come to them for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer or supplies Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the right of withdrawal from the contract applies to the consumer in relation to additional services or Products; (9) where the subject of the service is sound or visual recordings or computer programs supplied in sealed packaging, if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, excluding subscription agreements; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller has commenced the performance with the explicit and prior consent of the consumer, who was informed before the commencement of the service that, upon completion by the Seller, the right of withdrawal from the contract will be forfeited, and the consumer acknowledged this fact, and the Seller provided the consumer with confirmation as referred to in art. 15(1) and (2) or art. 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price in cases where the consumer explicitly requested the Seller to come to them for repair, and the service has already been fully performed with the explicit and prior consent of the consumer..
8.9. The provisions regarding the consumer contained in this point 8 of the Regulations apply from January 1, 2021, also to the Service Recipient or the Customer who is a natural person entering into an agreement directly related to their business activity, if it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are directed and, therefore, binding solely on the Customer or Service Recipient who is not a consumer. Moreover, as of January 1, 2021, and for contracts concluded from that date, this point of the Regulations and all provisions contained therein are not directed and, therefore, do not bind the Customer or Service Recipient who is a natural person entering into an agreement directly related to their business activity, if it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity, unless the application of the provisions contained in this point of the Regulations is not prohibited for these persons.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from its conclusion. Withdrawal from the Sales Agreement in this case can occur without stating a reason and does not give rise to any claims against the Seller on the part of the Customer.
9.3. The Seller's liability under warranty for the Product or lack of conformity of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to complaints within 30 calendar days from the date of their receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, 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 agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding one thousand Polish zlotys. The monetary limitation mentioned in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including cases of failure to conclude the Sales Agreement or claims not related to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical, foreseeable damages at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in the shipment of the parcel.
9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient are subject to the jurisdiction of the court with jurisdiction over the Seller/Service Provider's registered office.
10. REVIEWS OF PRODUCTS
10.1. The Seller does not provide access to reviews of Products submitted by Customers.
11. FINAL PROVISIONS
11.1. Agreements concluded through the Online Store are made in the Polish language.
11.2. Change of Regulations:
11.2.1. The Service Provider reserves the right to make changes to these Regulations for valid reasons, namely: changes in legal provisions; changes in payment or delivery methods or deadlines, subject to legal or regulatory obligations; changes in the scope or form of provided Electronic Services; adding new Electronic Services; the need to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches, or other cyber threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. Notice of proposed changes is sent at least 15 days before the effective date of these changes, with the exception that a change may be introduced without observing the 15-day notification period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring a change to the Regulations in a way that prevents compliance with the 15-day notification period; or (2) must exceptionally change its Regulations to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches, or other cyber threats. In the last two cases mentioned in the preceding sentence, the changes take effect immediately, unless it is possible or necessary to apply a longer period for the introduction of changes, of which the Service Provider notifies each time.
11.2.3. In the case of continuous agreements (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notification period for proposed changes. Such termination becomes effective within 15 days from the date of receiving the notification. In the case of concluding a continuous agreement, the amended Regulations bind the Service Recipient if they have been properly notified of the changes, in accordance with the notification period before their introduction and have not terminated the agreement during this period. Additionally, at any time after receiving notification of the changes, the Service Recipient may accept the proposed changes and thus waive the continued notification period. In the case of concluding an agreement of a nature other than continuous agreements, changes to the Regulations will not in any way affect the rights acquired by the Service Recipient before the effective date of the changes to the Regulations, especially changes to the Regulations will not affect already placed or submitted Orders and concluded, executed, or performed Sales Agreements.
11.2.4. In the event that a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the agreement.
11.3. As a distributor of equipment within the meaning of Article 4(2) of the Act of September 11, 2015, on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended), the Seller informs as follows:
11.3.1. It is prohibited to place used electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The owner of used equipment from households is obliged to transfer it to the entity collecting used equipment or an entity authorized to collect used equipment.
11.3.2. The Seller is obliged to accept used equipment from households free of charge in its points of sale, provided that the used equipment is of the same type and performed the same functions as the equipment sold.
11.3.3. When delivering equipment intended for households to the Customer, the Seller is obliged to accept used equipment from households free of charge at the place of delivery of this equipment, provided that the used equipment is of the same type and performed the same functions as the equipment delivered. The desire to transfer used equipment to the Seller in the above-mentioned case should be reported electronically via email to the address: info@viking-europe.com.
11.3.4. Used equipment transferred to the Seller should be complete and properly prepared for shipment in a way that enables its safe transport. The Seller has the right to refuse to accept used equipment if, due to its contamination, it poses a threat to the health or life of the Seller or persons authorized to accept used equipment.
11.3.5. Information about sample collection points for used equipment throughout the country is available after using the search engine in the register of entities – BDO at the internet address: https://rejestr-bdo.mos.gov.pl/
11.4. Matters not regulated in these Regulations are subject to the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable lawa.
12. MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT))
Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the agreement)
– Recipient:
LARIX JANUSZ PIEŁA SPÓŁKA KOMANDYTOWO-AKCYJNA
ul. Bielska 1124, 43-374 Buczkowice, Poland
viking-europe.com
info@viking-europe.com
– I/We() hereby inform you about my/our(*) withdrawal from the sales agreement of the following goods(*) supply agreement of the following goods(*) contract for work consisting in the performance of the following goods(*) / provision of the following service(*)
– Date of conclusion of the agreement(*)/receipt(*)
– Name and surname of the consumer(-s)
– Address of the consumer(-s)
– Consumer(-s) signature (only if the form is sent in paper form)
– Date
(*) Delete as appropriate.
