Terms and Conditions

Online Store Terms and Conditions – www.vieridivani.pl effective from 01.01.2024

I. General Provisions

These Terms and Conditions set out the general terms, the manner of providing Services by electronic means, and the rules of sale conducted via the Online Store www.vieridivani.pl. The Store is operated by Zawilski Mirosław, conducting business under the name Zawilski Mirosław - STOLARSTWO TAPICERSTWO, entered in the Central Register and Information on Economic Activity kept by the minister responsible for the economy, with the address ul. Adama Mickiewicza 32, 34-130 Kalwaria Zebrzydowska, NIP 5511277231, REGON 070638509, BDO 000024329, hereinafter referred to as the Seller.
You can contact the Seller via:

e-mail: sklep@vieridivani.pl;
telephone: +48 791100854;
the contact form available on the Online Store pages;
the chat available on the Store website.

These Terms and Conditions are continuously available on the website www.vieridivani.pl in a way that allows you to obtain, reproduce, and store their content by printing or saving them to a medium at any time.
The Seller informs that the use of Services provided electronically may involve a risk to every Internet user consisting of the possibility of harmful software being introduced to the Customer’s IT system and the acquisition and modification of their data by unauthorised persons. To avoid the above risks, the Customer should use appropriate technical measures that minimise their occurrence, in particular antivirus programs and a firewall.
The Seller has designated a single point of contact for communication with Customers, with the authorities of EU Member States, the European Commission and the Digital Services Board as referred to in the DSA Regulation. Communication takes place via the e-mail address indicated in item 2 above, in Polish and English.

II. Definitions

Terms used in the Terms and Conditions mean:

Business Days – days from Monday to Friday, excluding public holidays;
Customer – a natural person with full legal capacity, a sole trader, a legal person or an organisational unit without legal personality to which specific provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer through which the Customer can perform specified actions within the Online Store;
Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Terms and Conditions – this document;
DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Goods – a product presented in the Online Store, the description of which is available with each presented product;
Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order – the Customer’s declaration of intent directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.

III. Rules for Using the Online Store

Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

a computer or mobile device with Internet access,
access to e-mail,
a web browser: Microsoft Edge version 42.x or newer, Firefox 48.0 or newer, Chrome 50 or newer, Opera 50 or newer, Safari 10.x or newer,
cookies and JavaScript enabled in the web browser.

Using the Online Store means any Customer’s activity that leads to becoming acquainted with the content contained in the Store.
The Customer is in particular obliged to:

not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory content, or content infringing personal rights, copyrights or other third-party rights,
use the Online Store in a manner that does not disrupt its functioning, in particular by using specific software or devices,
refrain from activities such as sending or posting unsolicited commercial information (spam) within the Online Store,
use the Online Store in a manner not burdensome to other Customers and to the Seller,
use all content posted within the Online Store only within the scope of personal use,
use the Online Store in accordance with the laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions and the general principles of Internet use.

IV. Services

Through the Online Store, the Seller enables the use of free Services, provided 24 hours a day, 7 days a week.
The Account service in the Online Store is available after registration. Registration is carried out by completing and accepting the registration form provided on one of the Online Store pages. The agreement for providing the Account service in the Online Store is concluded for an indefinite period and is terminated when the Customer requests the deletion of the Account.
The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, a valid e-mail address must be provided or the appropriate field in the registration or Order form must be activated. The Customer may withdraw consent to receive commercial information at any time. The Newsletter service agreement is concluded for an indefinite period and is terminated when the Customer requests the deletion of their e-mail address from the Newsletter subscription or unsubscribes via the link included in the Newsletter message.
The Customer may send messages to the Seller using the contact form. The agreement for providing the service of making an interactive form available that enables Customers to contact the Seller is concluded for a fixed period and is terminated when the Customer sends the message.
The Customer may post individual and subjective statements in the Online Store concerning, among other things, the Goods or the transaction. By adding statements, the Customer declares that they hold all rights to this content, in particular economic copyrights, related rights and industrial property rights. The agreement for providing the service of posting opinions about Goods in the Online Store is concluded for a fixed period and is terminated when the opinion is added.
Statements should be written clearly and understandably and must not violate applicable laws or third-party rights – in particular they must not be defamatory, infringe personal rights or constitute an act of unfair competition. Posted statements are disseminated on the Online Store websites.
By posting a statement, the Customer consents to the free use and publication of this statement by the Seller, as well as to making adaptations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
The Customer may contact the Seller via the chat available on the Store website. The agreement for providing the service of making an interactive chat available that enables Customers to contact the Seller is concluded for a fixed period and is terminated when the Customer closes the chat window or leaves the Online Store site.
The Customer may add Goods to the “Favourites” list. The agreement for providing the service of adding Goods to the “Favourites” list is concluded for a fixed period and is terminated when the Goods are removed from the list or when the Customer’s browser session ends.
The Seller has the right to organise occasional competitions and promotions, the terms of which will each time be provided on the Store website. Promotions in the Online Store cannot be combined unless the regulations of a given promotion state otherwise.
In the event of the Customer’s breach of these Terms and Conditions, the Seller may, after an ineffective prior request to cease or remove the breaches within a specified time limit, terminate the service agreement with 14 days’ notice.

V. Procedure for Concluding a Sales Agreement

Information about the Goods provided on the Store website, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, compliant with the Agreement and have been lawfully placed on the Polish market.
If the Seller uses mechanisms of individual price adjustment based on automated decision-making, the Seller shall each time provide this information to the Consumer during the placement of the Order, in accordance with data protection regulations.
Placing an Order requires an active e-mail account.
When placing an Order via the Order form available on the Online Store website, the Order is placed electronically and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. The offer submitted electronically is binding on the Customer if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Customer; such confirmation constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon its receipt by the Customer the Sales Agreement is concluded. In the case of Goods for which an advance payment is required, the Sales Agreement is concluded after the Seller confirms acceptance of the Order and after the advance payment is credited to the Seller’s bank account.
Placing an Order by telephone, by e-mail or via the contact form takes place on Business Days and during the hours indicated on the Online Store website. For this purpose, the Customer should:

state during the telephone call, in the e-mail content or in the message sent via the contact form the name of the Goods listed on the Store website and the quantity,
indicate the delivery method and payment method from those given on the Store website,
provide the data necessary to process the Order, in particular: first and last name, place of residence and e-mail address.

Information on the total value of the Order referred to above is each time provided by the Seller by e-mail, together with information that concluding the Sales Agreement entails an obligation to pay for the ordered Goods; at that moment the Sales Agreement is concluded. In the case of Goods for which an advance payment is required, the Sales Agreement is concluded after the Seller informs the Customer of the total value of the Order together with the information that concluding the Sales Agreement entails an obligation to pay for the ordered Goods, and after the advance is credited to the Seller’s bank account.
For a Customer who is a Consumer, the Seller shall each time, after an Order is placed by telephone, e-mail or contact form, send a confirmation of the terms of the Order.
The Agreement is concluded when the Customer who is a Consumer sends (in response to the confirmation of the Order terms sent by the Seller) an e-mail to the Seller’s address in which the Customer: accepts the content of the Order and agrees to its fulfilment, accepts the Terms and Conditions and confirms having read the notice on withdrawal from the Agreement.
After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address provided by the Customer.
For certain Goods presented in the Store, personalisation is possible, consisting in adjusting the material, colour scheme, dimensions of the Goods according to the guidelines or parameters indicated by the Customer. Information on the possibility of the Customer customising the Goods is each time provided in the Goods description.
The Customer may place an Order for a personalised Good in accordance with the guidelines and parameters indicated by the Customer, following the procedures described in items 6–10 above. For this purpose, the Customer should include in the e-mail the necessary parameters or guidelines to which the Good is to be adjusted. The Seller may indicate on the Store website the form in which the Customer should send the parameters or guidelines. The Seller is also entitled to ask the Customer questions in order to determine the appearance of the Good so that it reflects the Customer’s parameters or guidelines.
If incomplete information is provided by the Customer, the Seller will contact the Customer by e-mail or telephone to determine the missing information necessary to prepare the Design. During this time, the deadline for preparing the Design is suspended until the Seller receives a full response from the Customer.
The Sales Agreement is concluded in Polish and its content complies with these Terms and Conditions.

VI. Delivery

Delivery of Goods is limited to the territory of the Republic of Poland and is made to the address indicated by the Customer when placing the Order.
Delivery of Goods is carried out via the Seller’s own transport.
On the Store website, in the Goods description, the Seller informs the Customer of the number of Business Days needed to process the Order and deliver it, as well as the delivery charges.
The delivery and Order processing time is counted in Business Days in accordance with Section VII item 2.
The Seller provides the Customer with proof of purchase.
If the Goods covered by the Order have different processing times, the longest period among those specified applies to the entire Order.

VII. Prices and Payment Methods

Prices of Goods are given in Polish zloty and include all components, including VAT, duties and other charges.
The Customer may choose the following payment methods:

bank transfer to the Seller’s bank account (in this case, Order processing will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and dispatch will be made immediately after the funds are credited to the Seller’s bank account and the Order is completed);
cash on personal collection – payment at the Seller’s collection point (in this case, the Order will be processed immediately after the Seller sends the Customer a confirmation of acceptance of the Order, and the Good will be issued at the Seller’s collection point);
cash on delivery – payment to the carrier upon delivery (in this case, the Order processing and dispatch will begin after the Seller sends the Customer a confirmation of acceptance of the Order and the Order is completed);
electronic payment (in this case, Order processing will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the settlement agent’s system that the Customer has made the payment, and dispatch will be made immediately after the Order is completed);
instalment payment (in this case, Order processing will begin after the Seller sends the Customer a confirmation of acceptance of the Order, completes the Order, and after the Seller receives payment for the ordered Good from Santander Consumer Bank S.A.).

When an Order for Goods is placed, the Seller may require an advance payment under the rules specified in the Goods description.
On the Store website, the Seller informs the Customer of the deadline within which payment for the Order must be made. If the Customer fails to make payment within this period, the Seller may, after an ineffective prior request for payment with a specified deadline, withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to Withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. It is sufficient to send the statement before the expiry of this period.
The Customer may draft the statement independently or use the template provided by the Seller on the Store website.
The 14-day period is counted from the day on which the Good was delivered, or in the case of a Service agreement, from the day it was concluded.
Upon receipt of the Consumer’s statement of withdrawal from the Agreement, the Seller will send confirmation of receipt to the Consumer’s e-mail address.
The Consumer’s right to withdraw from the Agreement is excluded in the following cases:
1. a service agreement for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the Consumer’s explicit and prior consent, after being informed before the performance that once the service is fully performed by the entrepreneur, they will lose the right of withdrawal, and the Consumer acknowledged this;
2. an agreement in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the expiry of the withdrawal period;
3. an agreement in which the subject of performance is a non-prefabricated Good, manufactured to the Consumer’s specification or serving to satisfy their individual needs;
4. an agreement in which the subject of performance is a Good liable to deteriorate rapidly or with a short shelf life;
5. an agreement in which the subject of performance is a Good delivered in sealed packaging which, after opening, cannot be returned for health protection or hygiene reasons if the packaging was opened after delivery;
6. an agreement in which the subject of performance are products which, after delivery, by their nature, are inseparably combined with other items;
7. an agreement in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and delivery may take place only after 30 days, and the value of which depends on market fluctuations beyond the Seller’s control;
8. an agreement in which the Consumer explicitly requested the Seller to come to them to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to those additional services or Goods;
9. an agreement in which the subject of performance are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
10. an agreement the subject of which is the supply of newspapers, periodicals or magazines, except for a subscription agreement;
11. a service agreement for which the Consumer is obliged to pay the price, where the Consumer explicitly requested the Seller to come to them to carry out a repair and the service has already been fully performed with the Consumer’s explicit and prior consent.
12. a service agreement concerning accommodation other than for residential purposes, transport of goods, car rental, catering or services related to leisure, entertainment, sporting or cultural events, if the agreement specifies the day or period of service provision;
13. an agreement for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun the performance with the Consumer’s explicit and prior consent, after informing the Consumer before the performance that once the performance has begun by the Seller, they will lose the right of withdrawal, and the Consumer acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
Other exceptions to the right of withdrawal are indicated in Article 38(2) of the Consumer Rights Act.
In the event of withdrawal from a distance Agreement, the Agreement is deemed not concluded. What the parties have provided shall be returned in an unaltered state unless a change was necessary to establish the nature, characteristics and functioning of the Good. The return should take place immediately, not later than within 14 days. The purchased Good should be returned to the Seller’s address.
The Seller shall immediately, but not later than within 14 days from the day of receiving the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by them, including the cost of delivery of the Good. The Seller shall refund the payment using the same payment method used by the Consumer unless the Consumer agrees to a different method that does not entail any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Good is returned or the Customer provides proof of its dispatch, depending on which event occurs first, unless the Seller has offered to collect the Good from the Customer.
If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The Customer bears only the direct cost of returning the Good unless the Seller has agreed to bear this cost.

IX. Complaints Concerning Goods

The Seller undertakes to deliver Goods compliant with the Agreement.
The Seller is liable for the non-conformity of the Good with the agreement under the rules set out in the Consumer Rights Act towards a Customer who is a Consumer and a Customer who is a natural person concluding an Agreement directly related to their business activity, where the content of this Agreement shows that it does not have a professional character for this person, in particular arising from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Complaints arising from the infringement of the Customer’s rights guaranteed by law or these Terms and Conditions should be sent to: Zawilski Mirosław - STOLARSTWO TAPICERSTWO, ul. Adama Mickiewicza 32, 34-130 Kalwaria Zebrzydowska, e-mail: reklamacje@vieridivani.pl, telephone: +48 791100854.
To consider a complaint, the Customer should send or deliver the complained Good and, where possible, attach proof of purchase. The Good should be delivered or sent to the address indicated in item 3.
The Seller undertakes to consider each complaint within 14 days of its receipt.
If the complaint is incomplete, the Seller will request the Customer to complete it to the necessary extent immediately, but not later than within 7 days from the date the Customer receives the request.

X. Complaints Regarding the Provision of Services by Electronic Means

The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of Services. Complaints may be submitted in writing to: Zawilski Mirosław - STOLARSTWO TAPICERSTWO, ul. Adama Mickiewicza 32, 34-130 Kalwaria Zebrzydowska, e-mail: reklamacje@vieridivani.pl, telephone: +48 791100854.
In the complaint, the Customer should provide their first and last name, correspondence address, and the type and description of the problem.
The Seller undertakes to consider each complaint within 14 days of its receipt. If the complaint is incomplete, the Seller will request the Customer to complete it to the necessary extent within 7 days from the date the Customer receives the request.

XI. Guarantees

Goods may be covered by the manufacturer’s guarantee.
For Goods covered by a guarantee, information regarding the existence and content of the guarantee and the period for which it is granted is each time presented in the Goods description on the Store website.

XII. Out-of-Court Complaint and Redress Mechanisms

A Customer who is a Consumer has, among others, the following possibilities to use out-of-court complaint and redress mechanisms:

they are entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
they are entitled to apply to the Regional Inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute between the Customer and the Seller;
they may obtain free assistance in resolving a dispute between the Customer and the Seller by also using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the e-mail address porady@dlakonsumentow.pl;

XIII. Personal Data Protection

The Seller collects and processes the personal data provided by Customers in accordance with applicable law and the Privacy Policy available on the Store website.

XIV. Final Provisions

All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to forms and logos, belong to the Seller, and their use may only take place in the manner specified and in accordance with the Terms and Conditions.
Provisions contained herein that relate to the Consumer regarding withdrawal from the agreement and complaints apply to a natural person concluding an agreement directly related to their business activity, where the content of that agreement shows that it does not have a professional character for that person, in particular arising from the subject of their business activity made available under the provisions on the Central Register and Information on Economic Activity. Provisions on out-of-court complaint and redress mechanisms do not apply.
Any disputes arising between the Seller and a Customer who is a Consumer shall be submitted to courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
Any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office.
In matters not regulated herein, the provisions of the Civil Code, the Act on the provision of services by electronic means, the Consumer Rights Act and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Terms and Conditions via information on the Online Store homepage, containing a list of changes and the date on which they enter into force. Customers who hold an Account will additionally be informed about the changes together with a list thereof to the e-mail address indicated by them. The effective date of the changes will not be earlier than 14 days from the date of announcement. If a Customer holding an Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller within 14 days from the date of being informed of the change. The Seller being notified of the lack of acceptance of the new content of the Terms and Conditions results in termination of the Agreement.

Previous version of the Terms and Conditions