§1 Preliminary Provisions
- The online store Vcapolska, available at the web address www.vcapolska.pl, is operated by Vca Polska sp. z o.o. sp. Komandytowa located at 31-140 Kraków, ul. Łobzowska 16)7. Registered in the National Court Register by the District Court in Kraków, Economic Department KRS under the number KRS: 0000458108, with a share capital of 50,000.00 PLN, NIP 6762464385, REGON 122834742.
- This Regulation is directed both to Consumers and Entrepreneurs using the Store and defines the rules for using the online store and the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
§2 Definitions
- Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to its business or professional activity.
- Seller - Vca Polska sp. z o.o. sp. Komandytowa located at 31-140 Kraków, ul. Łobzowska 16)7. Registered in the National Court Register by the District Court in Kraków, Economic Department KRS under the number KRS: 0000458108, with a share capital of 50,000.00 PLN, NIP 6762464385, REGON 122834742.
- Customer - any entity making purchases through the online store.
- Entrepreneur - a natural person, legal person, and organizational unit not being a legal person, to which a separate law grants legal capacity, conducting business activity on its own behalf, using the Store.
- Store - an online store operated by the Seller at the web address www.vcapolska.pl.
- Distance Contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the contract is concluded.
- Regulations - these store regulations.
- Order - a declaration of the Customer's will submitted using the Order Form and aiming directly at concluding a Service Sales Agreement with the Seller.
- Account - a customer's account in the Store, where data provided by the Customer is collected, as well as information about orders placed by him in the Store.
- Registration Form - a form available in the Store, specifying order details and necessary customer data for implementation.
- Order Form - an interactive form available in the Store allowing placing an Order.
- Product - a Service offer available in the Store, being the subject of the Sales Agreement between the Customer and the Seller.
- Service – a training service concluded with an exam, according to the detailed specification contained in its description.
- Sales Agreement - a product sales agreement concluded or concluded between the Customer and the Seller via the online store. By the Sales Agreement, it is also understood - applying to the characteristics of the Product - a contract for the provision of services."
§3 Contact with the Store
1) Seller's address: 31-140 Kraków, ul. Łobzowska 16/7
2) Seller's e-mail address: info@vcapolska.pl
3) Seller's phone number: +48124285069
4) Seller's fax number: +48124285069
5) Seller's bank account number:
a. for payments in PLN: PL 40 1140 1081 0000 3118 5900 1001
b. for payments in EUR. IBAN: PL 13 1140 1081 0000 3118 5900 1002
6) The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
7) The Customer can communicate by phone with the Seller between 8:00 am - 4:00 pm.
§4 Technical Requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:
- a terminal device with Internet access and a web browser,
- an active email account,
- enabled cookies support.
§5 General Information
- The Seller is not responsible for disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties, or the incompatibility of the online store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account.
- Placing orders by the Customer for Products in the Store's assortment is possible by providing the necessary personal and address data in the Registration Form to facilitate the Order.
- The prices given in the Store, depending on the type of Product, are given in Polish zlotys and/or in EUR and are gross prices (including VAT).
- The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (postal services), about which the Customer is informed on the Store's pages during the order placement, including when expressing the desire to enter into a Sales Agreement.
§6 Order Placement Rules
To place an Order, you should:
- Select the Product that is the subject of the Order, then click the "Sign up" button.
- Fill out the training application form by providing the required personal data, email address, correspondence address, invoice data (if applicable), and other data specifying the type of service.
- Click the "Register" button and confirm the order by clicking on the link sent in the email.
- Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to §8 point 3.
§7 Acceptance of the Order for Implementation
- The Seller reserves the right to refuse to accept an order in cases specified in the product offer or if it is impossible to provide the Service for reasons beyond the Seller's control.
§8 Offered Payment Methods
- The Customer can use the following payment methods:
a. Payment by bank transfer to the Seller's account.
b. Electronic payments.
c. Payment by credit card.
d. Cash payment. - The entity providing online payment services is mElements S.A.
- Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
- Detailed information about acceptable payment methods can be found on the Store's pages.
§9 Execution of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Registration Form in the online store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and, within the time specified in the Product specification, confirms the acceptance of the Order for implementation. Confirmation of receipt of the Order and its acceptance for implementation is done by sending the Seller's appropriate email message to the Customer's email address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and its acceptance for implementation. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- If the Customer chooses:
a. payment by bank transfer, electronic payments, or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement, but no later than the last day before the start of the Service implementation - otherwise, the order will be canceled. b. cash payment before the start of the Service implementation, the Customer is obliged to make the payment no later than the training day. - The start date of the Service implementation period is counted from the day of starting the Service implementation specified in its specification.
- The Seller reserves the right to change the date or withdraw from the provision of the service for independent reasons.
§10 Right to Withdraw from the Agreement
- The Consumer may withdraw from the Sales Agreement without giving any reason, within 14 days of its conclusion, subject to paragraph 6.
- The Consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the expiry of this period.
- The statement can be sent by traditional mail or electronically by sending the statement to the Seller's email address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement can also be made on the form, which is an annex no. 1 to these Regulations and an annex to the Act of May 30, 2014, on consumer rights, but it is not mandatory.
- In the case of sending a statement by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the email address provided by the Consumer.
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Consequences of withdrawal from the Agreement:
a. In the case of withdrawal from a distance contract, the Agreement is considered not concluded. b. In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the day of receiving the Consumer's statement of withdrawal from the Agreement, all payments made by him. c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction unless the Consumer has expressly agreed to a different solution that will not involve any costs for him. - The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement for the provision of services if the Seller has started providing the service, and the Consumer was informed before the start of the service that after the start of the service by the Seller, he will lose the right to withdraw from the Agreement.
§11 Complaint
- A complaint should be reported in writing or electronically to the addresses of the Seller provided in these Regulations or using the electronic contact form with the Seller.
- The Seller will respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days.
§12 Out-of-court complaint consideration and redress methods
- Detailed information on the possibility for the Consumer to use out-of-court complaint consideration and redress methods and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer has the following exemplary possibilities of using out-of-court complaint consideration and redress methods:
a. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the Voivodeship Inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer can obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).
§13 Personal data in the online store
- The administrator of personal data of Customers collected via the online store is the Seller.
- Customers' personal data collected by the administrator via the online store are collected for the purpose of executing the Sales Agreement, and if the Customer consents - also for marketing purposes.
- The recipients of the personal data of the Customers of the online store may be:
a. In the case of a Customer who uses the online store with the method of postal or courier delivery, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic payments or a payment card in the online store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the online store.
- The Customer has the right to access the content of their data and correct them.
- Providing personal data is voluntary, but not providing the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this agreement.
§14 Final provisions
- Contracts concluded through the online store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not regulated in these Regulations, generally applicable Polish law provisions shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights, Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016.
- The Customer has the right to use out-of-court methods of complaint consideration and redress. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.