- The online store, available at http://www.visioforge.com/buy (hereinafter referred to as the Store) is operated by Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” with its registered office in Warsaw, ul. Żurawia 6/12, office No. 766, 00-503 Warsaw, correspondence address: al. Jerozolimskie 123a, 02-017 Warszawa, Atlas Tower, 18 floor, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register, under number KRS: 0000442857, NIP (tax identification number): 521-364-12-11; REGON (statistical identification number): 146-433-467, and BDO (business registration number): 000460502, hereinafter referred to as the Foundation.
- The warehouse, shipment of goods and acceptance of returns and complaints are carried out by the Organized Part of the business of the Foundation named VisioForge, address: 80-858, Gdańsk, ul. Wałowa 23/19, email address: email@example.com .
- This terms and regulations specify:
- the rules of using the Store;
- conditions of placing orders for goods available in the Store;
- order processing time and rules;
- terms and forms of payment;
- Customer's right to cancel the order and withdraw from the contract;
- rules for filing and investigating complaints;
- rights of the Customer who is a consumer.
- The store conducts retail sales via the website, with the use of means of distance communication. Contract of sale concluded by the Customer with the Store is an agreement concluded at a distance, within the meaning of the Act of 30 May 2014 on consumer rights.
- The Customer is entitled and obliged to use the Store in accordance with its purpose and the rules of community coexistence and good morals.
- Browsing the Shop's assortment does not require registration, and placing orders by
a Customer for products in the Shop's assortment does not require registration. Using the Store in the manner described above is tantamount to concluding a free-of-charge agreement between the Customer and the Store for the provision of electronic services. Such a contract is concluded for the duration of browsing the Store and is terminated when the Customer leaves the Store's website.
- This Terms and Conditions are available free of charge to anyone, in a form allowing to obtain, reproduce and record them, at the following address: http://www.visioforge.com/buy-license .
- The Customer is obliged to familiarize with the Terms and Conditions. Using the Store is possible only after accepting the Terms and Conditions.
- Only entities with full legal capacity may be customers of the Store.
Using the Store is possible on condition that the Customer uses a computer system that meets the following technical requirements:
- Internet access;
- Internet connection of at least 512 kB/s,
- One of the following web browsers installed (PC or macOS versions):
- Chrome version 70 or later;
- Mozilla Firefox version 68, or later;
- Microsoft Edge version 44 or later;
- Opera version 65 or later;
- Safari version 13 or later;
- one of the following web browsers installed (mobile versions):
- Opera version 54 or later;
- Chrome version 78 or later
- Mozilla Firefox version 68 or later;
- a display supporting a resolution of no less than 1024x768;
- enabled cookies;
- enabled JavaScritpt (JS).
- having a valid email address.
Terms and order processing time
- The information contained on the Store’s website, including in particular advertisements, commercials and price lists, do not constitute an offer as understood by art. 66 of the Act of 23 April 1964 - Civil Code. However, the information contained on the Website constitutes an invitation to conclude an agreement, as described in Article 71 of the Act of 23 April 1964 - Civil Code.
- The Customer places an order by indicating the goods he or she is interested in by using the "Add to Cart" option located on the website of the given goods,
and then indicate the data in the shopping cart, method of delivery and payment and confirm the order.
- Placing and confirming an order entails an obligation to pay the price of the goods
and delivery costs by the Customer. Confirmation of the order is the moment of concluding the contract between the Store and the Customer.
- The shopping cart provides the following usability:
- adding and removing goods and their quantities;
- indicate the address to which the goods are to be delivered and provide the data necessary to issue an invoice;
- option to select a preferred delivery method;
- option to select a preferred payment method;
- validate a discount code.
- In the case of a reasonable suspicion that the Customer has provided untrue data, the Store has the right to cancel the order, notifying the Customer.
- The purchased goods will be shipped out within 2 working days,
subject to passage 17 and passage 18 of this paragraph, calculated from:
- the day of the conclusion of the contract (if Cash On Delivery payment method is selected), or
- the moment the payment is confirmed on the Store's bank account (if you choose a payment method other than cash on delivery).
- The purchased goods are shipped:
- to the e-mail address provided by the Client - in the case of sale of goods in electronic form;
- in envelopes or cartons that do not bear any markings that might suggest the contents of the shipment and are sent by a neutral sender whose name is not associated with the industry - in the case of sales of other goods.
- Electronic orders can be placed 24 (in words: twenty four) hours 7 (in words: seven) days a week. Orders placed on Saturdays, Sundays or statutory holidays will be processed on the following business day.
- The Store reserves the right to temporarily suspend its operations, especially for the purposes of maintenance, development or modernization.
- If the Customer chooses an online payment method (Stripe service), non-payment within 5 (say: five) days from the date of order placement results in cancellation of the order. In such a situation, the Customer may place the order again. Execution of an order paid by bank transfer or credit card begins upon receipt of payment for the goods.
- In the event that only part of the order can be fulfilled, the Store may offer the Customer:
- cancellation of the entire order (if the Customer chooses this option, the Store will be released from its obligation to process the order);
- cancellation of the part of the order in which processing is not possible
within the prescribed period (if the Customer chooses this option, the order will be partially fulfilled, but the Store will be released from its obligation to carry out the rest of the order);
- the performance of a substitute service to be agreed upon with the Customer. The order on the basis of the substitute performance, once approved by the Customer, will be treated as final;
- splitting the order and setting a new completion date in relation to that part of the order which cannot be completed within the originally set time limit (if this option is selected by the Customer, the goods forming part of the order will be sent in several separate shipments, and the Customer will incur additional costs associated with splitting the order into several shipments).
- If the ordered goods are not available in the Store or the Customer's order cannot be fulfilled for other reasons, the Store will inform the Customer by sending information to the e-mail address provided during registration within 7 (in words: seven) days from the date of conclusion of the contract.
- If the payment for the subject of the order, which could not be fulfilled in whole or in part, was made in advance, the Store will return to the Customer the amount paid (or the difference) within 14 (in words: fourteen) days from the date of sending of the information, under the rules set out in detail in paragraph § 8 of the Regulations.
- If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for any non-delivery or delay in delivery of an order, to the fullest extent permitted by law.
- The Store may include information on the number of business days, i.e. the days of the week from Monday to Friday, on the given product’s website, excluding public holidays, within which the shipment of the ordered goods will be sent. This information is an approximate time counted from the moment of accepting the order until the moment of shipping the ordered goods to the Client in the way chosen by the Client. Delivery time is given taking into account the time of completion of all goods ordered.
- Individual (custom) orders can be placed via the Store's e-mail address or by telephone. In this case, the Store will make an approximate estimate and send it to the e-mail address specified by the customer.
- Lead time for individual orders (on request) is 2 days, and in case of materials which are difficult to obtain it may be extended to the time necessary for the proper realization of an order.
- In the case of a Customer-Consumer, the goods in electronic form will be shipped:
- if you agree to perform the service before the expiry of the deadline for withdrawal from the contract - within the period indicated in paragraph 6 of this paragraph;
- if you do not agree to the performance before the expiry of the withdrawal period - immediately after the expiry of the withdrawal period.
- Store informs that the consent referred to in paragraph. 18(a) of this paragraph shall cause the loss of the right of the Customer-consumer to withdraw from the contract.
- The store serves customers in the territory of the European Union.
Prices of goods and delivery cost
- The prices displayed next to the products offered by the Store are gross prices, i.e. they include the value added tax (VAT). Prices are given in the EUR.
- The price listed next to the item does not include shipping costs.
- Store reserves the right to change prices of goods in the store, the introduction of new products for sale, conduct and cancel promotions, or make changes in accordance with the provisions of the Civil Code and other laws, however such changes do not affect the rights of Customers who have entered into contracts before the above changes, or the rights of Customers entitled to benefit from a given promotion, in accordance with its rules and during its duration.
- Shipping costs are added to the sum of the ordered goods. The Customer bears the shipping costs.
- The total amount that the Customer must pay in connection with the purchase of the selected goods consists of the price and the cost of delivery.
- The store offers the following delivery methods:
- InPost parcel machines;
- courier delivery;
- Postal consignment by Polish Post;
- Electronic delivery via e-mail - in case of goods in electronic form.
- If the Customer chooses "Paczkomaty InPost" delivery option, the delivery of the goods shall be performed by a parcel machine operator - InPost Sp. z o.o. with its registered seat in Krakow, ul. Wielicka 28, 30-552 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS number 0000543759, NIP: 679-310-80-59, REGON: 360-781-085, with a share capital of 116.278.450,00 PLN (in words: one hundred sixteen million two hundred seventy eight thousand four hundred fifty PLN 00/100). A parcel machine is a device enabling an authorized person to send or receive parcels in a self-service manner. The Store makes it possible for the Client to get acquainted with the service regulations or "Paczkomaty 24/7" in the process of approving the Client's choice of the method of delivery of the Goods.
- During the collection of the parcel delivered by courier, it is recommended that the Customer checks in the presence of the courier the condition of the external packaging of the parcel. In case of damage to the packaging of the parcel it is recommended that the Customer, with courier assistance, draw up a damage protocol, in two identical copies signed by the Customer and the courier. Failure to comply with the above recommendations does not affect the Customer's right to make a complaint
- Receiving a parcel from a parcel machine, the Customer should check the condition of the parcel and in case of any reservations, choose the option concerning complaints and follow the instructions displayed instructions displayed. Failure to comply with the above recommendations does not affect the Customer's right to file a complaint.
- Customer may make payment by any of the following methods:
- in cash, at the time of delivery of the order in the case of choosing cash on delivery payment method;
- at the time of collection of the goods in the parcel machine InPost;
- on-line via Stripe;
- by bank transfer to the Store's bank account.
- The method of payment indicated in paragraph 1 points 1 and 2 of this paragraph is not available in the case of purchasing goods in electronic form.
- Stripe is an online system for electronic.
- Refunds are made in the same manner as the Customer's payment, unless the Customer has expressly agreed to a different method of refund that does not involve any costs to the Customer.
Right of withdrawal
- The provisions of this paragraph shall apply to the Customer who is
a consumer, or to a natural person to whom the provisions concerning the consumer apply in accordance with the law (hereinafter referred to as the Customer-consumer).
- A consumer is a natural person making a legal transaction with an entrepreneur which is not directly connected to his/her business or professional activity.
- Provisions concerning the consumer shall also apply to a natural person concluding a contract directly related to his/her business activity, if it results from the content of this contract that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
- The Customer-consumer has the right to withdraw from the concluded contract without giving any reason and bear the costs. The contract from which the Customer-consumer has withdrawn shall be deemed not to have been concluded.
- To withdraw from the contract by the Customer-consumer is sufficient to make
a statement of withdrawal from the contract and send it to the Store, within 14 (say: fourteen) days from the date:
- delivery of the goods to the Customer-consumer, and if the goods are delivered in parts, from the date of delivery of the last part;
- from the date of conclusion of the contract - in the case of goods in electronic form.
- The Client-consumer will meet the withdrawal deadline by:
- sending a written statement to the address of the Store, or
- sending a scan of the signed statement to the Store's e-mail address firstname.lastname@example.org .
- Store will immediately send to the customer-consumer, on a durable medium, confirmation of receipt of notice of withdrawal from the contract, made electronically, as referred to in paragraph 4 point 2) of this paragraph.
- In the case referred to in paragraph 1, the Customer-consumer is obliged to return the purchased goods immediately, no later than within 14 (say: fourteen) days from the date of withdrawal from the contract. To meet the deadline is sufficient to send the goods before its expiry. The cost of returning the goods shall be borne by the Customer-consumer.
- In the case referred to in paragraph 4, the Store is obliged to refund to the Customer-Consumer the amount paid for the goods subject to return and the paid cost of shipping to the Customer-Consumer, within a period not exceeding 14 (fourteen) days from the date of receipt of notice of withdrawal from the contract. However, if the Customer-Consumer has chosen a method of delivery other than the cheapest method offered by the Store for a given order, the Store is not obliged to reimburse the Customer-Consumer for any additional costs incurred.
- The Store will refund the payment using the same method used by the Customer-Consumer, unless the Customer-Consumer agrees with the Store on a different method of refund that does not involve any costs for the Customer-Consumer.
- The store may withhold refund of payments received from the Customer-consumer until it receives the goods back or until the Customer-consumer provides proof of return, whichever occurs first.
- If the Customer-consumer has sent a statement of withdrawal before receiving confirmation of the order, the order is cancelled.
- The Customer-consumer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and properties of the goods.
- The Customer-consumer is not entitled to withdraw from the contract in relation to the contracts indicated in Article 38 of the Act on Consumer Rights, that is contracts:
- for the provision of services, where the trader has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the trader will lose the right of withdrawal;
- in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;
- in which the object of the service is a non-refabricated thing produced according to consumer specifications or serving to meet his individual needs;
- in which the object of performance is a perishable item or an item with a short shelf life;
- in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
- in which the subject matter of the performance are things which after delivery, due to their nature, are inseparable from other things;
- in which the subject of performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market which the trader does not control;
- in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those which the consumer has requested or supplies items other than replacement parts necessarily used in carrying out repairs or maintenance, the consumer has the right to withdraw from the contract
- with respect to additional services or items;
- in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- concluded through a public auction;
- for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events recreation, entertainment, sports or cultural events, if the contract specifies the date or period of performance of the service;
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- The Store will also correct the proof of purchase previously provided to the Customer-Consumer (correcting VAT invoice or correcting specification).
- The Store undertakes that the goods offered are free from physical and legal defects.
- The Customer has the right to file a complaint if the goods are not in accordance with the contract.
- A complaint on this account shall be submitted by the Customer in writing or by
e-mail within 2 (in words: two) years from the date of delivery of the goods to the mailing address or e-mail address e-mail address as indicated in § 11 of the Complaint.
- The complaint may include one of the requests:
- price reduction;
- removal of the defect;
- replacement of the goods with goods free from defects;
- statement of withdrawal.
- The Store may request the complaint to be supplemented by sending to the address indicated address indicated in the request to supplement the complaint, a copy or scan of proof of purchase (e.g. VAT invoice or specification), packaging of the shipment in which the advertised goods arrived or the goods which are the subject of the complaint.
- The complaint will be considered within 14 (in words: fourteen) days from the date of its submission, or, if it was necessary to supplement the complaint, from the date of supplementing the complaint.
- In the event that the Store does not respond to the complaint within the period specified in paragraph 6 of this paragraph, it is assumed that the complaint was accepted.
- The store will inform the customer of the outcome of the complaint in writing or on a durable medium, in the same way as the method of filing a complaint by the customer.
- If a complaint is found justified, the Store informs the Customer immediately and, depending on the request, either reduces the price or sends a full-quality product to the Customer, and if this is not possible, returns the amount due to the Customer by postal order to a specified address or by bank transfer to a bank account. The Store issues an appropriate correction to the Customer's proof of purchase (correcting VAT invoice or correcting specification).
- The use of a specific method of out-of-court dispute resolution is possible only with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court settlement of disputes between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the website of the Provincial Inspectorates of Trade Inspection, as well as
at county (municipal) consumer advocates.
- To the extent not covered by the Rules and Regulations, to determine the rights and obligations of the Customer and the Store in the event of a defect in the goods, the provisions of the Civil Code shall apply, including in particular the provisions on warranty.
- In the case of non-consumer sales, the Store's liability under warranty for defects is excluded.
- The goods offered by the Store may come with a manufacturer's warranty. The
warranty is subject to the terms and conditions specified in the warranty. The store does not give its own guarantee for the offered goods.
Refund of the amount paid by the Customer
- The store will refund, within 14 (in words: fourteen) calendar days, using the same means of payment used by the customer to pay, in the case of:
- cancellation of an order or part of an order (in which case an appropriate part of the price will be refunded) paid in advance before its execution;
- return of goods (withdrawal from the contract) from an order which was delivered through the Polish Post or a courier company;
- acceptance of the complaint, if the Store and are unable to repair the damaged goods or replace them with new ones;
- recognition of the right to request a reduction in the price of the goods.
- The store will refund the money to the Customer's bank account (including the one linked bank account (including the one linked to the Customer's credit or payment card) or by postal order (the Customer bears the cost of the order) if the order was paid for:
- in advance by wire transfer or credit card;
- on delivery by courier, parcel service or at the post office.
- The Customer may agree to receive commercial information, including commercial information by e-mail, by selecting the appropriate option in the registration form or via the website. In the case of such consent, the Client will receive the Store's newsletter at the e-mail address provided by the Client.
- The Customer may unsubscribe from the Newsletter at any time on their own by submitting a request to the data controller or by clicking on the deactivation link included in each Newsletter message.
Store contact details
The Customer may contact the Store:
- by phone at: +48 571 289 841;
- via email, to: email@example.com ;
- in writing, to: 80-858, Gdańsk, ul. Wałowa 23-19;
- The store informs that using services provided electronically is connected with
risks resulting from the generally accessible nature of the Internet, including in particular in particular the possibility of obtaining or modifying the transmitted data by unauthorized third parties. In order to minimize this risk, the Customer should take appropriate security measures, including in particular, use anti-virus software, have up-to-date versions of web browsers and operating systems, and do not use open access points.
- To the fullest extent permitted by law, the Store is not responsible for the blocking by mail server administrators of the transmission of messages to an e-mail address specified by the Customer and for the deletion and blocking of e-mail messages by software installed on a computer used by the Customer.
- The Store is not responsible for the equipment and infrastructure used by the Customer, including the malfunction of public telecommunications networks, causing, for example, lack of or interference with access to the Store's website.
- The Shop informs that the display of the visualisation of goods in the Customer's data communication system depends on a number of factors, including the type of display matrix, aspect ratio, resolution, the method of its backlighting, the technologies used
and efficiency of the control electronics and settings. Discrepancies between the visualization available in the Client's ICT system and the actual appearance of the goods cannot be the basis for a complaint.
- The Store informs that all trademarks (logos, brand names, etc.), graphic materials or photographs published on its websites are legally protected and are used by the Store for information purposes only.
- Store to the fullest extent permitted by law is not responsible for disruptions, including interruption, in operation caused by force majeure, unauthorized operation of third parties or incompatibility Store with the technical infrastructure of the Customer.
- All names of goods offered for sale by the Store are used for identification purposes, and may be protected or reserved under the provisions of the Industrial Property Law.
- The Store points out that the Store's website contains content protected by intellectual property law, in particular works protected by copyright (content placed in the Store, layout, graphics, photos, etc.). Customers and visitors to the Store undertake to respect the intellectual property rights (including copyright and industrial property rights such as those arising from trademark registration) of the Store and third parties.
A Customer or a visitor to the Store's website is solely responsible for failure to comply with the provisions of this section.
- Customer may not place in the Store content that is unlawful, inconsistent with applicable law, immoral or violating the welfare of third parties, as well as may not publish links to pornographic, obscene or offensive to the dignity of others.
- The customer is obliged to refrain from any activity that could affect the proper functioning of the Store's computer system, including, in particular, from any interference with the operation of the Store or its technical elements.
- The Store undertakes to inform registered users of the Store of any change to the Regulations by sending an electronic message to the e-mail addresses provided during registration, and the Customer will be able to delete his or her account at any time upon receipt of such information. Changing the Regulations does not affect orders confirmed before the date the changes came into force.
- In matters not regulated herein, the applicable provisions of Polish law shall apply, including but not limited to:
- Act of April 23rd, 1964 Civil Code;
- Act of May 30th, 2014 on consumer rights;
- Act of July 18th, 2002 on Providing Services by Electronic Means
- Unless otherwise provided by mandatory provisions of law, disputes related to agreements concluded on the basis of the Regulations will be resolved by a court with jurisdiction over the Store.
- The regulations are effective as of: 01-05-2022.
on out-of-court settlement of disputes
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation
on ODR in consumer disputes), the Foundation for the Development of Entrepreneurship "Your Startup" with its registered office in Warsaw hereby provides an electronic link to the ODR online dispute resolution platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court settlement of disputes between entrepreneurs
and consumers. Settlement of disputes by this method is voluntary.
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
(Name of person submitting the letter)
(address of the person submitting the letter)
Fundacja Rozwoju Przedsiębiorczości
6/12 Żurawia St. 766
80-858, Gdańsk, ul. Wałowa 23/19
I, the undersigned, hereby waive the following agreement:
- Date of contract .........................................................................
- Subject of the contract ...............................................................
(this form should be completed and returned only if you wish to make a complaint)
(Name of person submitting the letter)
(address of the person submitting the letter)
Fundacja Rozwoju Przedsiębiorczości
6/12 Żurawia St. 766
80-858, Gdańsk, ul. Wałowa 23/19
I, the undersigned, hereby submit a complaint regarding the agreement dated ................................ …………….., the subject of which was ..............................................................................................
Reason for claim: .......................................................................
(describe the reason for the complaint in detail)
In view of the above *:
- I request that the price of the goods be reduced to ................. ;
- I request that the defect be corrected;
- I request that you replace the goods with goods free from defects;
- I declare that I withdraw from the contract.
* delete as appropriate.