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Main Page » Conditions of the shop

Conditions of the shop

TABLE OF CONTENTS:
1.  GENERAL PROVISIONS
2.  ELECTRONIC SERVICES IN THE ONLINE STORE
3.  CONDITIONS FOR CONCLUDING A SALES CONTRACT
4.  METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5.  COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
6.  PROCEDURE FOR HANDLING COMPLAINTS
7.  OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND REDRESS AND RULES FOR ACCESS TO THESE PROCEDURES
8.  RIGHT OF WITHDRAWAL
9.  PROVISIONS RELATING TO ENTREPRENEURS
10.  REVIEWS ABOUT PRODUCTS
11.  FINAL PROVISIONS
12.  TEMPLATE WITHDRAWAL FROM THE CONTRACT
 
Online Store www.victoriavynn24.eu cares about consumer rights. The consumer may not waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights they are entitled to under mandatory provisions of law, and any possible doubts should be translated in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and shall be applied.

  1. GENERAL PROVISIONS
     
    1. 1.1. The Online Store available at www.victoriavynn24.eu is run by WALDEMAR ŁOPATO running a business under the name BIOKUR WALDEMAR ŁOPATO entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: the address of the place of business and address for service: ul. Wojska Polskiego 31, 67-100 Nowa Sól, NIP 9251508798, REGON 080163524, e-mail address: office@victoriavynn24.eu.
    2. 1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
    3. 1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in Privacy Policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
    4. 1.4. Definitions:
      1. 1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
      2. 1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
      3. 1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
      4. 1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
      5. 1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
      6. 1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient a set of resources in the Service Provider's ICT system, in which data provided by the Customer and information about Orders placed by him in the Online Store are collected.
      7. 1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
      8. 1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
      9. 1.4.9. POINTS - the functionality of the Account, virtual points saved as part of the Customer Account in the Online Store granted to the Customer by the Seller under the Sales Agreements concluded in the Online Store and enabling payment under the Sales Agreement on the terms contained in Appendix No. 1 to the Regulations.
      10. 1.4.10. REGULATIONS – these regulations of the Online Store.
      11. 1.4.11. ONLINE STORE – the Service Provider's online store available at the Internet address: www.victoriavynn24.eu.
      12. 1.4.12. SALESPERSON; SERVICE PROVIDER – WALDEMAR ŁOPATO conducting business activity under the name BIOKUR WALDEMAR ŁOPATO entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for service: ul. Wojska Polskiego 31, 67-100 Nowa Sól, NIP 9251508798, REGON 080163524, e-mail address: office@victoriavynn24.eu.
      13. 1.4.13. SALES AGREEMENT – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
      14. 1.4.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store.
      15. 1.4.15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.
      16. 1.4.16. ACT ON CONSUMER RIGHTS – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
      17. 1.4.17. ORDER - the Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

  2. ELECTRONIC SERVICES IN THE ONLINE STORE
     
    1. 2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
      1. 2.1.1. Account – the use of the Account is possible after completing a total of two subsequent steps by the Customer – (1) filling in the Registration Form and (2) clicking the "Create Account" field. In the Registration Form, it is necessary for the Customer to provide the following data of the Customer: name and surname / company name, address (street, house / flat number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number. The Account can also be created by checking the appropriate checkbox when placing the Order and entering the password – when placing the Order, the Account is created.
        1. 2.1.1.1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@victoriavynn24.eu or in writing to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól.
      2. 2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed a total of two subsequent steps – (1) after completing the Order Form and (2) clicking the "Confirm purchase" field on the Online Store website after completing the Order Form – until that moment, it is possible to modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname / company name, address (street, house / flat number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s, quantity of Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and NIP number.
        1. 2.1.2.1. The Electronic Order Form service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place an Order through it.
      3. 2.1.3. Newsletter – subscribing to the Newsletter takes place by checking the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
        1. 2.1.3.1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: office@victoriavynn24.eu or in writing to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól.
    2. 2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) current web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the possibility of saving cookies and Javascript in the web browser.
    3. 2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, bearing in mind respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
    4. 2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.

  3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
     
    1. 3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
    2. 3.2. The price of the Product shown on the website of the Online Store is given, depending on the Customer's choice, in Polish zlotys or euros and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - the Customer is informed about the obligation to pay them on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
    3. 3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
      1. 3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
      2. 3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
    4. 3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
     
    1. 4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
      1. 4.1.1. Payment in cash upon receipt of the Product.
      2. 4.1.2. Payment by bank transfer to the Seller's bank account.
      3. 4.1.3. Electronic payments and payment cards via Przelewy24.pl, PayPal.com – possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the following websites: https://www.przelewy24.pl/ and https://www.paypal.com/pl.
        1. 4.1.3.1. Settlements of electronic payments and payment card transactions are carried out in accordance with the Customer's choice via Przelewy24.pl or PayPal.com. Electronic payments and payment card services are provided by:
          1. 4.1.3.1.1. Przelewy24.pl / Dotpay.pl – PayPro S.A. company with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000347935 by the District Court Poznań - – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital: PLN 5,476,300.00 fully paid up; NIP 7792369887, REGON 301345068.
          2. 4.1.3.1.2. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th Floor 22–24 Boulevard Royal, L-2449, Luxembourg.
      4. 4.1.4. Deferred payments PayPo – a service consisting in postponing the payment date to 30 days from the date of conclusion of the Sales Agreement.
        1. 4.1.4.1. Deferred payments are handled by PayPo Sp. z o. o. with its registered office in Warsaw (registered office address: ul. Domaniewska 39, 02-672 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000575158 by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; with a share capital of PLN 1,075,650.00, NIP: 5213705997, REGON: 362485126.
    2. 4.2. Payment term:
      1. 4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
      2. 4.2.2. If the Customer chooses cash payment on personal collection, the Customer is obliged to make the payment upon delivery.
      3. 4.2.3. If the Customer selects a deferred payment as part of the PayPo service, the Customer is obliged to make the payment to PayPo Sp. z o. o. within 30 days from the conclusion of the Sales Agreement or - if the Customer chooses installment payment - repayment of receivables in accordance with the agreement with PayPo Sp. z o. o. loan repayment schedule.

  5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
     
    1. 5.1. Delivery of the Product is available within the territory of the European Union.
    2. 5.2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
    3. 5.3. Personal collection of the Product by the Customer is free of charge.
    4. 5.4. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
      1. 5.4.1. Courier.
      2. 5.4.2. Personal collection available at: ul. Wojska Polskiego 31, 67-100 Nowa Sol - – on Business Days, from 09:00 to 17:00.
    5. 5.5. The period of delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 14 Business Days. The beginning of the period of delivery of the Product to the Customer is counted as follows:
      1. 5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account.
      2. 5.5.2. Personal collection available at: ul. Wojska Polskiego 31, 67-100 Nowa Sol - – on Business Days, from 09:00 to 17:00.
      3. 5.5.3. If the Customer chooses a deferred payment method - – from the date of notifying the Seller by the creditor of concluding a credit agreement with the Customer, but not later than from the date of crediting the Seller's bank account with funds from the credit granted to the Customer.
    6. 5.6. The date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 14 Business Days, unless a shorter period is specified in the description of a given Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which, however, may not exceed 14 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of the Product's readiness for collection by the Customer is counted as follows:
      1. 5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
      2. 5.6.2. If the Customer chooses the method of payment in cash on personal collection – from the date of conclusion of the Sales Agreement.
      3. 5.6.3. If the Customer chooses a deferred payment method - – from the date of notifying the Seller by the creditor of concluding a credit agreement with the Customer, but not later than from the date of crediting the Seller's bank account with funds from the credit granted to the Customer.

  6. PROCEDURE FOR HANDLING COMPLAINTS
     
    1. 6.1. This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
    2. 6.2. A complaint may be submitted, for example:
      1. 6.2.1. in writing to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól;
      2. 6.2.2. in electronic form via e-mail to the following address: reklamacje@biokur.pl;
      3. 6.2.3. in electronic form via the complaint form available on the Online Store website as part of the Account in the "Write a complaint" tab.
    3. 6.3. The Product may be sent or returned as part of the complaint to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól.
    4. 6.4. It is recommended to provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
    5. 6.5. In the event of a change in the contact details provided by the complainant during the complaint examination, he is obliged to notify the Seller about it.
    6. 6.6. The complaint may be accompanied by evidence (e.g. photos, documents or Product) related to the subject of the complaint. The seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this facilitates and speeds up the complaint handling by the seller.
    7. 6.7. The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
    8. 6.8. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights 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 compliance of the Product with the Sales Agreement provided for by law is provided below:
      1. 6.8.1. In the event of a complaint about a Product purchased by the Customer under a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). According to Art. 558 & 167; 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
      2. 6.8.2. In the case of a complaint about a Product purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Act on Consumer Rights in in the wording applicable from January 1, 2023, in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer, in the event of non-compliance of the Product with the Sales Agreement.
    9. 6.9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised when the given Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including the details of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the guarantee description, e.g. in the guarantee card or elsewhere regarding the guarantee. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal protection measures on the part of and at the expense of the Seller, and that the guarantee does not affect these legal protection measures.
    10. 6.10. The provisions regarding the consumer contained in point 6.8.2 of the Regulations also apply to the Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

  7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND REDRESS AND RULES FOR ACCESS TO THESE PROCEDURES
     
    1. 7.1. Out-of-court dispute resolution methods include (1) allowing the parties to reconcile their positions, such as through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. as part of arbitration (arbitration court). Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/
    2. 7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection whose task is, among other things, to provide consumers with information on matters relating to out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone - – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Head Office at Plac Powstańców Warszawy 1 in Warsaw (00-030).
    3. 7.3. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute resolution to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller's business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at the address porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on working days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator's tariff).
    4. 7.4. At http://ec.europa.eu/odr there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

  8. RIGHT OF WITHDRAWAL
     
    1. 8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
      1. 8.1.1. in writing to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól;
      2. 8.1.2. in electronic form via e-mail to the following address: office@victoriavynn24.eu.
    2. 8.2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 12 of the Regulations and on the Online Store website in the withdrawal tab. The consumer may use the template form, but it is not mandatory.
    3. 8.3. The deadline to withdraw from the contract begins:
      1. 8.3.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period - from taking possession of the first of the Products;
      2. 8.3.2. for other contracts – from the date of conclusion of the contract.
    4. 8.4. In the event of withdrawal from a distance contract, the contract is considered void.
    5. 8.5. The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (with with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
    6. 8.6. The consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the following address: ul. Wojska Polskiego 31, 67-100 Nowa Sól.
    7. 8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
    8. 8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
      1. 8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred.
      2. 8.8.2. The consumer bears the direct cost of returning the Product. In the case of Products that cannot be sent back by regular mail (e.g. bulky parcels), the consumer may incur higher costs of returning them, in accordance with the following example price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
      3. 8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
    9. 8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
      1. 8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service, that after the performance of the service by the Seller, he will lose the right to withdraw from the contract, and he has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
    10. 8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or a Customer who is a natural person concluding a contract directly related with its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  9. PROVISIONS RELATING TO ENTREPRENEURS
     
    1. 9.1. This point 9. of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date on a day which is not also a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Business Information.
    2. 9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
    3. 9.3. The Seller's liability under the warranty for the Product or the lack of compliance of the Product with the Sales Agreement is excluded.
    4. 9.4. The seller will respond to the complaint within 30 calendar days from the date of its receipt.
    5. 9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.
    6. 9.7. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in aggregate – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The amount limit referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the case of failure to conclude a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damage foreseeable at the time of concluding the contract and is not liable for lost profits. The seller is also not responsible for delays in the shipment.

  10. REVIEWS ABOUT PRODUCTS
     
    1. 10.1. The Seller enables its Customers to issue and access opinions about Products and the Online Store on the terms set out in this section of the Regulations.
    2. 10.2. It is possible to leave an opinion by the Customer after using the form enabling adding an opinion about the Product or the Online Store. This form may be made available directly on the Online Store website (including using an external widget) or it may be made available via an individual link received by the Customer after the purchase to the e-mail address provided by him. When adding an opinion, the Service Recipient may also add a graphic assessment or a photo of the Product – if such an option is available in the feedback form.
    3. 10.3. An opinion on the Product may be issued only for the Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or apparent Sales Agreements in order to issue an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
    4. 10.4. Adding opinions by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties . By adding an opinion, the customer is obliged to act in accordance with the law, these Regulations and good manners.
    5. 10.5. Opinions may be made available directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions cooperating with the Seller and to which it refers on the Online Store website (including also by means of an external widget placed on the Online Store website).
    6. 10.6. The Seller ensures that the published opinions about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the opinions come from its Customers:
      1. 10.6.1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Seller. The verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of an opinion about the Product, he additionally checks whether he purchased the reviewed Product. Verification takes place without undue delay.
      2. 10.6.2. The seller sends his customers (including via an external website collecting opinions with which he cooperates) an individual link to the e-mail address provided by him during the purchase – in this way, access to the opinion form is granted only to the Customer who purchased the Product in the Online Store.
      3. 10.6.3. In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact with the author of the opinion in order to clarify and confirm that he is actually a customer of the Online Store or has purchased the reviewed Product.
    7. 10.7. Any comments, appeals against reviewing the opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6. of the Regulations.
    8. 10.8. The Seller does not post or order the posting of false opinions or recommendations of Customers to another person and does not distort the opinions or recommendations of Customers in order to promote its Products. The seller provides both positive and negative reviews. The seller does not provide sponsored reviews.

  11. FINAL PROVISIONS
     
    1. 11.1. Agreements concluded through the Online Store are concluded depending on the choice of the Service Recipient in Polish or English.
    2. 11.2. Amendment to the Regulations:
      1. 11.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
      2. 11.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or an increase in the current ones, the Customer has the right to withdraw from the contract.
      3. 11.2.3. In the event of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the changes to the Regulations will in no way affect the rights acquired by the Service Recipients/Customers before the effective date the amendments to the Regulations come into force, in particular the amendments to the Regulations will not affect already placed or submitted Orders and concluded, implemented or executed Sales Agreements.
    3. 11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.

  12. TEMPLATE WITHDRAWAL FROM THE CONTRACT
    (ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)

     
    Sample withdrawal form
    (this form should be completed and returned only if you wish to withdraw from the contract)


    Recipient:
    BIOKUR WALDEMAR ŁOPATO
    ul. Wojska Polskiego 31, 67-100 Nowa Sól
    www.victoriavynn24.eu
    office@victoriavynn24.eu


    I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for a specific work involving the performance of the following goods(*)/for the provision of the following service(*)

    Date of conclusion of the contract(*)/receipt(*)
    Name of consumer(s)
    Address of the consumer(s)
    Signature of the consumer(s) (only if the form is submitted on paper)
    Date

    (*) Delete where not applicable.
     

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