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Terms and Conditions

vintropaint.eu Online Shop Terms and Conditions

determining i.a. terms of concluding contracts through the Shop, containing the most important information about the Seller, the Shop and Consumer rights.

LIST OF CONTENTS
Section 1 Definitions
Section 2 Seller’s contact details
Section 3 Technical requirements
Section 4 Purchasing at the Shop
Section 5 Payments
Section 6 Performing orders
Section 7 Right of withdrawal
Section 8 Exceptions from the right of withdrawal
Section 9 Complaints
Section 10 Personal data
Section 11 Restrictions
Appendix 1: Model withdrawal form

Section 1 DEFINITIONS

Account – a free-of-charge function of the Shop (online service), regulated by separate terms and conditions, which allows the Buyer to register his/her own individual account at the Shop.
Act on Consumer Rights - Polish Act of 30 May 2014 on Consumer Rights.
Business days – Monday through Friday with the exception of public holidays in Poland.
Buyer – any entity making a purchase at the Shop whose habitual residence is in the European Union.
Consumer – any Buyer who is a natural person making a purchase at the Shop for purposes which are outside that person's trade, business, craft or profession.
Seller – Anna Franik, an entrepreneur conducting a business activity under the business name SToGlarnia Anna Franik, entered into the Central Register and Information on Business Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Business Activity, European Union VAT Identification Number PL6262696098, nr REGON 243665820, ul. Wajdy 1, 42-600 Tarnowskie Góry
Shop – vintropaint.eu online shop maintained by the Seller at the address https://vintropaint.eu directed to Buyers.
Terms and Conditions – these Terms and Conditions.

Section 2 SELLER’S CONTACT DETAILS

  1. Postal address: ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland
  2. E-mail address: sklep@vintro.pl
  3. Phone number: 690279280

The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer's operator.

Section 3 TECHNICAL REQUIREMENTS

  1. A device with Internet access and web browser supporting:
    • cookie files
    • JavaScript
    is required for the proper functioning of the Shop.
  2. An active e-mail account is required to place an order at the Shop, in addition to the requirements specified in paragraph 1.

Section 4 PURCHASING AT THE SHOP

  1. The prices of the products displayed at the Shop are the total prices.
  2. The total price displayed at the Shop includes: price of the product and delivery cost – if applicable.
  3. The Buyer first adds the chosen product to the Shop cart.
  4. Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing of the order.
  5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
  6. Placing the order is tantamount to conclusion of the contract between the Buyer and the Seller.
  7. The Buyer can register at the Shop, that is, set up an Account at the Shop or purchase products without registration by providing his/her data for each potential order.

Section 5 PAYMENTS

  1. Subject to paragraph 2, the following means of payment are available at the Shop:
    1. a regular transfer to the Seller’s bank account;
    2. payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. payment platform:
      • PayU
  2. Additional information about the means of payment can be found at the relevant tab at the Shop, including information about the possibility of using specific means depending on the Buyer’s country.
  3. In case the Buyer chooses to pay for the order in advance, the payment should be made within 3 Business days from the date of concluding the contract.
  4. The Seller declares that in the case of payment methods in which the field for entering the data necessary for processing the payment appears immediately after placing the order, payment is possible only immediately after placing the order.
  5. By making a purchase at the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his/her consent.

Section 6 PERFORMING ORDERS

  1. The time for order fulfilment is specified at the Shop.
  2. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the order after having received the payment.
  3. If multiple products are ordered by the Buyer in one order, the order will be performed in the time corresponding to the product with the longest time for order fulfilment.
  4. The goods purchased at the Shop can be delivered to the following countries:
    • Poland,
    • Austria,
    • Belgium,
    • Bulgaria,
    • Croatia,
    • Cyprus,
    • Czechia,
    • Denmark,
    • Estonia,
    • Finland,
    • France,
    • Greece,
    • Spain,
    • Ireland,
    • Lithuania,
    • Luxemburg,
    • Latvia,
    • Malta,
    • Netherlands,
    • Germany,
    • Portugal,
    • Romania,
    • Slovakia,
    • Slovenia,
    • Sweden,
    • Hungary,
    • Italy.
  5. Products purchased at the Shop are delivered via a delivery company.

Section 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Consumer has the right to withdraw from the contract within 14 days without giving any reason, subject to section 8 of the Terms and Conditions.
  2. The withdrawal period will expire after 14 days from the day:
    1. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods – in the case of a sales contract;
    2. on which the Consumer took possession of the last good, batch or part thereof, or from the day on which a third party other than the carrier, and indicated by the Consumer, took possession of the last good, batch or part thereof - in the event of a contract requiring a transfer of the ownership rights to numerous goods which are delivered individually, in batches or in parts.
  3. To exercise the right of withdrawal, Consumer must inform the Seller, using the data specified in section 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
  4. The Consumer may use the attached model withdrawal form, however it is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient for the Consumer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

  1. If the Consumer withdraws from the contract, the Consumer will be reimbursed all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from the contract.
  2. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
  3. If the Seller did not offer to collect the goods from the Consumer by itself, the Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
  4. The Consumer shall send the goods back or hand them over to the Seller to the following address: ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland without undue delay and in any event not later than 14 days from the day on which the Consumer communicates his/her withdrawal from the contract to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
  5. The Consumer will bear the direct cost of returning the goods.
  6. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the good.
  7. If the goods, by their nature, cannot normally be returned by post, the Consumer will have to bear the direct cost of returning the goods as well. The Consumer will be given the information about estimated cost in the description of the good at the Shop or during the process of placing the order.
  8. If the funds from a transaction made by a payment card have to be returned, the Seller will make the refund to the bank account assigned to that payment card.

Section 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL

  1. The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
    1. for the supply of goods made to the Consumer’s specifications or clearly personalised;
    2. for the supply of goods which are liable to deteriorate or expire rapidly;
    3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
    4. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
    5. for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
    6. for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
    7. for the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period.

Section 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Consumer for the conformity of the performance with the contract, according to the generally applicable provisions of law – without prejudice to section 11(3) and 11(4) - in particular to the provisions of the Act on Consumer Rights, in which Consumers' complaints referred to in this section are regulated.
  2. The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and Conditions.
  3. If any additional guarantee was provided for the product, the information about it and about its conditions is available at the Shop.
  4. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the Terms and Conditions.
  5. Unless otherwise specified in this section (regarding complaints), the Seller will review the complaint within the period of 14 days – subject to section 11(3) and 11(4) of the Terms and Conditions.

II CONSUMERS

  1. Goods

    1. The Seller is liable to the Consumer for any lack of conformity of the goods with the contract, which exists at the time when the goods were delivered and which becomes apparent within two years of that time - subject to section 11(3) and 11(4) of the Terms and Conditions.
    2. In the case of a lack of conformity of the good with the contract, the Consumer can - on the principles laid down in the Act on Consumer Rights:
      1. demand a replacement;
      2. demand a repair.
    3. In addition, the Consumer may - on the principles laid down in the Act on Consumer Rights:
      1. make a statement to the Seller expressing the decision to withdraw from the contract;
      2. claim a price reduction
      in a situation when:
      • the Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Act on Consumer Rights or the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Act on Consumer Rights;
      • a lack of conformity with the contract appears despite the Seller having attempted to bring the goods into conformity;
      • the lack of conformity of the goods with the contract is significant enough to justify either a reduction in price or withdrawal from the contract without prior recourse to the remedies set out in the Article 43d of the Act on Consumer Rights; or
      • the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the goods into conformity with the contract within a reasonable time, or without significant inconvenience for the Consumer.
    4. The Consumer shall not be entitled to withdraw from the contract on the basis of this section (regarding goods) if the lack of conformity of the goods with the contract is only minor.
    5. Where the lack of conformity of the goods with the contract is to be remedied by repair or replacement of the goods, the Consumer shall make the goods available to the Seller. The Seller shall take back the replaced goods at the Seller’s expense.
    6. In the event of withdrawal from the contract for the purchase of goods by the Consumer, the Consumer shall return the goods to the Seller without undue delay at Seller’s expense, to the address ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland. The Seller shall reimburse to the Consumer the price paid for the goods without undue delay, but not later than within 14 days of receipt of goods or evidence provided by the Consumer of having sent back the goods - subject to section 11(3) and 11(4) of the Terms and Conditions.
    7. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to price reduction without undue delay, but not later than within 14 days from the day on which the Consumer communicates his/her price reduction claim to the Seller - subject to section 11(3) and 11(4) of the Terms and Conditions.

  2. Out-of-court complaint and redress mechanism

    1. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
      1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default. A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
      2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
    2. Furthermore, the following support options are available in the Republic of Poland:
      1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. assistance of the locally competent permanent Consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free-of-charge assistance of the municipal or poviat consumer advocate.

III BUYERS WHO ARE NOT CONSUMERS

  1. In the case of defects in the good the Buyer who is not a Consumer can complain about defective good:
    1. requesting a price reduction;
    2. exercising the right of withdrawal from the contract, if the defect is substantial;
    3. demanding an exchange of the good for a good free from defects;
    4. demanding that the defect be removed.
  2. The Seller is responsible for any defect which becomes apparent within 2 years from the date of delivery.
  3. If the delivery of the good is necessary for the examination of a complaint, the Buyer who is not a Consumer is obliged to hand this good over to the Seller, at ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland.

Section 10 PERSONAL DATA

  1. Controller of personal data provided by the Buyer when using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The objective of processing Buyer’s data by the Seller provided by the Buyer in relation to shopping in the Shop is to fulfil orders. The basis for processing personal data in this case is:
    • a contract or actions taken at the request of the Buyer in order to conclude the contract (point (b) of Article 6(1) of the GDPR),
    • the Seller’s legal obligation related to accounting (point (c) of Article 6(1) of the GDPR), and
    • the Seller’s legitimate interest consisting in processing data in order to determine, exercise or defend any possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide such data will make it impossible to conclude the contract in the Shop.
  4. The Buyer's data provided in connection with shopping in the Shop will be processed until:
    1. the contract concluded by and between the Buyer and the Seller expires;
    2. the Seller ceases to be bound by the legal obligation that obligates the Seller to process Buyer’s data;
    3. the Buyer or the Seller ceases to be able to exercise claims related to the contract concluded by the Shop;
    4. the Buyer's objection to the processing of his/her personal data is accepted – if the processing was based on the legitimate interest of the Seller
    – depending on what is applicable in a given case and what happens latest.
  5. The Buyer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Buyer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Seller).
  6. In order to exercise his/her rights, the Buyer should contact the Seller using data indicated in section 2 of the Terms and Conditions.
  7. If the Buyer considers that his/her data is processed illegally, the Buyer may lodge a complaint with an authority competent for personal data protection.

Section 11 RESTRICTIONS

  1. The Buyer is forbidden to provide content of illegal nature.
  2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
  3. All contracts concluded under these Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 4.
  4. The choice of Polish law as governing law for contracts concluded with Consumers under the Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from these Terms and Conditions or the Polish law – this wider protection shall be applied.
  5. The contracts concluded through the Shop are concluded in English.
  6. No regulation of the present Terms and Conditions waives or restricts in any way the applicable Consumer rights imposed by the provisions of law.
  7. A natural person concluding a contract directly related to his/her economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such contract implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 9, in the sub-section “Out-of-court complaint and redress mechanism”, and the provisions of paragraph 4.
  8. Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered office.

Appendix 1. to Terms and Conditions

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

Marcin Misiura Warsztat Wołów
ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland
e-mail: sklep@vintro.pl

- I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

– Ordered on(*)/received on(*)

..............................................................................................................................................................................

– Name of Consumer(s):

..............................................................................................................................................................................

– Address of Consumer(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of Consumer(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.

 

 

Account Terms and Conditions

of vintropaint.eu

LIST OF CONTENTS
Section 1 Definitions
Section 2 Service Provider’s contact details
Section 3 Technical requirements
Section 4 Account
Section 5 Complaints
Section 6 Personal data
Section 7 Restrictions

Section 1 DEFINITIONS

Consumer – any natural person who concludes or whishes to conclude an agreement under the present Account Terms and Conditions for purposes which are outside that person's trade, business, craft or profession.
Account – a free-of-charge function of the Shop (service) which allows the Customer to register his/her own individual account at the Shop and which is regulated by the present Account Terms and Conditions.
Customer – anyone who creates or wishes to create an Account and has its habitual residence in the European Union.
Shop – online shop vintropaint.eu maintained by the Service Provider at https://vintropaint.eu directed to Customers.
Service Provider - MARCIN KAZIMIERZ MISIURA, an entrepreneur conducting a business activity under the business name Marcin Misiura Warsztat Wołów, entered into the Central Register and Information on Business Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Business Activity, European Union VAT Identification Number PL8982042776, REGON no. 933001595, ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland.

Section 2 SERVICE PROVIDER’S CONTACT DETAILS

  1. Postal address: ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland
  2. E-mail address: sklep@vintro.pl
  3. Phone number: 690279280

Section 3 TECHNICAL REQUIREMENTS

  1. An active e-mail account and a device with Internet access and a web browser supporting:
    • cookie files
    • JavaScript
    are necessary for the correct creation of the Account and its correct functioning.

Section 4 ACCOUNT

  1. The Customer creates an Account voluntarily.
  2. The Account provides the Customer with additional options, such as: reviewing the order history of orders placed by the Customer at the Shop, checking the order status or editing his/her data independently.
  3. To create an Account the Customer needs to fill out a proper form at the Shop.
  4. The creation of the Account entails the conclusion of the contract for an unspecified term between the Customer and the Service Provider relating to management of the Account on the terms specified in the present Account Terms and Conditions.
  5. The Customer can delete the Account at any time without incurring any costs.
  6. In order to delete the Account, the Customer should send a resignation to the following e-mail address: sklep@vintro.pl. As a result the Account will be deleted and the contract relating to management of the Account will be terminated.

Section 5 COMPLAINTS

  1. Complaints about functioning of the Account should be addressed to the following e-mail address: sklep@vintro.pl.
  2. The Service Provider will review the complaint within the period of 14 days.

    OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
  3. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
    1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default.
      A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
    2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
  4. Furthermore, the following support options are available in the Republic of Poland:
    1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free-of-charge assistance of the municipal or poviat consumer advocate.

Section 6 PERSONAL DATA

  1. Controller of personal data provided by the Customer when using the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The objective of processing Customer’s data is to maintain the Account. A basis for processing personal data in this case is a contract or activities taken upon request of the Customer aiming at concluding such a contract (point (b) of Article 6(1) of the GDPR) as well as a legitimate interest of the Service Provider consisting in processing data in order to establish, exercise or defend possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Customer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Service Provider will not be able to provide the service consisting in maintaining the Account.
  4. The Customer's data will be processed until:
    1. the Account is deleted by the Customer or the Service Provider at the Customer’s request
    2. the Customer or the Service Provider ceases to be able to exercise claims related to the Account;
    3. the Customer's objection to the processing of their personal data is accepted – if the processing was based on the legitimate interest of the Service Provider
    – depending on what is applicable in a given case and what happens latest.
  5. The Customer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Customer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Customer should contact the Service Provider.
  7. If the Customer considers that his/her data is processed illegally, the Customer may lodge a complaint with an authority competent for personal data protection.

Section 7 RESTRICTIONS

  1. The Customer is forbidden to provide content of illegal nature.
  2. The contract relating to management of the Account is concluded in English.
  3. In the case of any substantial reasons which are referred to in paragraph 4, the Service Provider has the right to change the present Account Terms and Conditions.
  4. The substantial reasons referred to in paragraph 3 are as follows:
    1. the need to adapt the Shop to the provisions of the law applicable to the Shop’s activity,
    2. improving safety of the services provided,
    3. changes in the functionality of the Account which require modifications in of the Account Terms and Conditions.
  5. The Customer will be informed about the planned changes in the Account Terms and Conditions via an e-mail sent to the address assigned to the Account at least 7 days before they come into force.
  6. If the Customer does not accept the planned changes, he/she should inform the Service Provider about that fact by sending an e-mail to the Service Provider's e-mail address sklep@vintro.pl. This will result in termination of the contract relating to the management of the Account on the date when the planned changes come into force or before that date, if demanded by the Customer.
  7. If the Customer does not object to the planned change before the date of its entry into force, it is assumed that he/she accepts it. However it does not prevent him/her from terminating the contract in the future.
  8. Any dispute arising between the Service Provider and the Customer who is not the Consumer will be submitted to the court competent for the Service Provider’s registered office.
  9. All agreements concluded under the present Account Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 10.
  10. The choice of Polish law as governing law for agreements concluded with Consumers under the present Account Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from the present Account Terms and Conditions or the Polish law – this wider protection shall be applied.
  11. A natural person concluding an agreement directly related to their economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such agreement implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 5, in the sub-section “Out-of-court complaint and redress mechanism” and the provision of paragraph 10.

 

Newsletter Terms and Conditions

of vintropaint.eu

LIST OF CONTENTS
Section 1 Definitions
Section 2 Newsletter
Section 3 Complaints
Section 4 Personal data
Section 5 Final provisions

Section 1 DEFINITIONS

Consumer – any natural person who concludes or whishes to conclude a contract under the present Newsletter Terms and Conditions for purposes which are outside that person's trade, business, craft or profession.
Newsletter – a free-of-charge service provided electronically, which allows the Customer to receive previously ordered news relating to the Shop sent by the Service Provider by electronic means. It includes information about offers, discounts and new products in the Shop.
Shop – online store under the name vintropaint.eu maintained by the Service Provider under the following address: https://vintropaint.eu
Service Provider - MARCIN KAZIMIERZ MISIURA, an entrepreneur conducting a business activity under the business name Marcin Misiura Warsztat Wołów, entered into the Central Register and Information on Business Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Business Activity, European Union VAT Identification Number PL8982042776, REGON no. 933001595, ul. Stefana Żeromskiego 12, 56-100 Wołów, Poland.
Customer – anyone who uses or whishes to use the Newsletter service and has its habitual residence in the European Union.

Section 2 NEWSLETTER

  1. The Customer uses the Newsletter service voluntarily.
  2. A device with the latest version of a web browser supporting JavaScript and cookie files and with Internet access, as well as an active e-mail account, are required for the use of the Newsletter service.
  3. E-mails within the framework of this service will be sent to the Customer's e-mail address provided during Newsletter subscription.
  4. In order to conclude the contract and subscribe to the Newsletter, in the first step the Customer enters his/her e-mail address in a designated place in the Shop for the purpose of receiving the Newsletter messages. Upon the subscription to the Newsletter, a contract for an unspecified term is concluded and the Service Provider starts providing the service to the Customer, subject to paragraph 5.
  5. For the proper provision of the Newsletter service, the Customer is obligated to provide his/her correct e-mail address.
  6. Information about the cancelling of the subscription to the Newsletter and the unsubscribe link will appear in the e-mail correspondence.
  7. The Customer may apply to cancel his/her subscription to the Newsletter at any time without giving a reason and incurring any costs by using the option referred to in paragraph 6 or by sending an e-mail to the Service Provider’s e-mail address: sklep@vintro.pl.
  8. Clicking on the unsubscribe link or sending an e-mail with a request to unsubscribe from the Newsletter will result in immediate termination of the contract for the provision of this service.

Section 3 COMPLAINTS

  1. Complaints concerning the Newsletter should be addressed to the following e-mail address: sklep@vintro.pl.
  2. The Service Provider will respond to a complaint within 14 days from its receipt.

    OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
  3. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
    1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default.
      A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
    2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
  4. Furthermore, the following support options are available in the Republic of Poland:
    1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free-of-charge assistance of the municipal or poviat consumer advocate.

Section 4 PERSONAL DATA

  1. Controller of personal data provided by the Customer in relation to subscribing to the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The Customer’s data is processed in order to send the Newsletter. A basis for processing personal data in this case is a contract or activities taken upon request of the Customer aiming at concluding such a contract (point (b) of Article 6(1) of the GDPR) as well as a legitimate interest of the Service Provider consisting in processing data in order to establish, exercise or defend possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Customer is voluntary, but at the same time necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide such a service.
  4. The Customer's data will be processed until:
    1. the Customer opts out of the Newsletter;
    2. the Customer or the Service Provider ceases to be able to exercise claims related to the Newsletter;
    3. the Customer's objection to the processing of his/her personal data is accepted – if the processing was based on the legitimate interest of the Service Provider
    – depending on what is applicable in a given case and what happens latest.
  5. The Customer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Customer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Customer should contact the Service Provider.
  7. If the Customer considers that his/her data is processed illegally, he/she may lodge a complaint with an authority competent for personal data protection.

Section 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to change these Terms and Conditions only for substantial reasons. A substantial reason is understood as a necessary change in the Terms and Conditions due to: the Newsletter service modernisation or amendments in the provisions of law applicable to the Service Provider’s service.
  2. Information about the planned changes in Terms and Conditions will be sent to the Customer’s e-mail address indicated when subscribing for the Newsletter at least 7 days before the changes enter into force.
  3. If the Customer does not object to the planned change by the time it enters into force, he/she will be deemed to have accepted it.
  4. If the Customer does not accept the planned changes, he/she should send a notification about that fact to the Service Provider's e-mail address: sklep@vintro.pl. This will result in termination of the service contract on the date when the planned changes enter into force.
  5. The Customer is forbidden to provide content of illegal nature.
  6. The contract on the provision of the Newsletter services is concluded in English.
  7. Any dispute arising between the Service Provider and the Customer who is not a Consumer will be submitted to the court competent for the Service Provider’s registered office.
  8. All contracts concluded under the present Newsletter Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 9.
  9. The choice of Polish law as governing law for contracts concluded with Consumers under the present Newsletter Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from the present Newsletter Terms and Conditions or the Polish law – this wider protection shall be applied.
  10. A natural person concluding a contract directly related to his/her economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such contract implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 3, in the sub-section “Out-of-court complaint and redress mechanism” and the provision of paragraph 9.
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