Terms and Conditions of the NEWSLETTER service
(hereinafter referred to as: Terms and Conditions)
1 General provisions
- The entity providing the NEWSLETTER service is the owner of the online shop www. verstore.com is Vershold Poland Sp. z o.o. with its registered office in Warsaw, Poland, address: 02-092 Warsaw, ul. Żwirki i Wigury 16A, entered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Division of the National Court Register, under number KRS 0000629221, REGON 142114475, NIP: 7010209892; e-mail address: info@vintagecuisine.fr, fax +48 22 846 34 17, tel. +48 603 258 866, +48 667 090 903 (call charge according to the price list of the relevant operator), hereinafter referred to as "Vershold" or "Service Provider".
- These Terms and Conditions define the terms and conditions of using the NEWSLETTER service provided by Vershold electronically, as defined by the Act of 18 July 2002 on electronic service provision.
- The NEWSLETTER service is provided free of charge by the Service Provider under the terms and conditions set forth in the Terms and Conditions.
- The Terms and Conditions are continuously available to the User free of charge via the website available at www.verstore.com. The User may at any time view and save the Terms and Conditions in PDF format in his/her computer memory as well as make a printout.
- Before starting to use the NEWSLETTER service, the User is obliged to read these Terms and Conditions. Using the NEWSLETTER service means that the User has read, accepts and obeys the Terms and Conditions. The User may be separately asked, during the use of the NEWSLETTER service, to confirm this fact also in the manner available in the www.verstore.com shop. The User's acknowledgement and acceptance of the Terms and Conditions shall be voluntary; however, it is necessary in order to use the NEWSLETTER service.
2 Definitions
- User e-mail address - electronic mail address, whose sole disposition is the User, necessary for using the NEWSLETTER service and provided by the User voluntarily at the stage of concluding the Agreement;
- Newsletter - service provided by Vershold for the User and at his/her request, on the basis of an Agreement concluded by the Parties, service provided electronically within the meaning of the Act of 18 July 2002. on rendering electronic services, in the framework of which the Service Provider shall enable the User to receive via electronic means to the User's specified e-mail address, including by means of automatic calling systems, in the form of an electronic bulletin commercial information on products and services offered by Vershold and/or Vershold partners, including in particular information on the Online Shop, current offer of Vershold and/or Vershold partners, promotions, discounts and marketing actions; the bulletin may also contain vouchers and special promotional offers dedicated to particular Users;
- Terms and Conditions - these Terms and Conditions;
- Online Shop - Vershold's platform (service) available at www.verstore.com, constituting a group of interconnected websites, enabling the conclusion of sales agreements for goods and/or services offered by Vershold, as well as enabling the use of other services made available by Vershold;
- Parties - User and Vershold;
- Content - text, graphic or multimedia elements, photographs, films (e.g. photos and descriptions, ratings and comments), including those which may constitute works as defined by article 1 of the Act of 4 February 1994 on copyright and related rights, and also those which do not constitute such works, as well as any other exclusive rights, including trademarks and other objects of intellectual property, and also images of natural persons, which are presented and/or distributed through the NEWSLETTER service of the Service Provider;
- Agreement - agreement for the provision of services by electronic means between the Parties, concluded for an indefinite period of time, in the manner specified in the Terms and Conditions, the subject of which is the provision of the NEWSLETTER service by Vershold for the User to the extent and under the conditions included in these Terms and Conditions;
- User - any legal entity which may acquire rights and incur obligations in its own name, including a natural person, legal person and organisational unit without legal personality, to which legal capacity is granted by law; where the User is a natural person with limited legal capacity, he/she undertakes to obtain legally effective consent of his/her legal representative to conclude the Agreement and to present such consent at each request of Vershold.
3 Technical requirements
- The technical requirements necessary for cooperation with the information and communication system used by Vershold to provide the NEWSLETTER service are as follows:
- possession of a computer, laptop, smartphone or other device providing connection to the Internet, and for Users of the NEWSLETTER service to a specified mobile number, also a device allowing them to make and receive telephone calls, send and receive SMS and MMS messages;
- access to the Internet;
- the device used by the User should be equipped with a keyboard or other pointing device enabling the correct completion of the electronic forms;
- Windows/Mac Os X/Android/Linux operating system and its distributions;
- the User must have access to e-mail and have an active e-mail address, and in the case of Users of the NEWSLETTER service to a given mobile number, a valid/active mobile telephone number and/or the ability to receive SMS and MMS messages (for this purpose the User should take care of the relevant services in this regard provided by his/her telephone operator);
- Web browser: Mozilla Firefox with "Extend Support Release" or higher or Internet Explorer version 9 or higher, Opera version 49.0 or higher, Google Chrome version 63.0 or higher, Safari version iOS6.+ or higher;
- recommended minimum screen resolution: 1920 x 1080 pixels;
- enable Javascript in the web browser;
- The browser used by the User should accept cookies.
- The costs of using the means of electronic communication, devices and data transmission services necessary for using the NEWSLETTER service (Internet access costs) shall be borne entirely by the User according to the tariff applied by the provider of said means, devices or data transmission services.
4 Information on risks associated with the provision of electronic services
- Vershold hereby informs the User of the following possible risks associated with the use of the NEWSLETTER service provided electronically (which are mainly related to the use of the Internet by the User and not to the NEWSLETTER service itself):
- software piracy,
- receiving unsolicited commercial communication by e-mail (spam),
- malware, in particular virus, worm, trojan, spyware, wabbit, keylogger, rootkit,
- cracking, password cracking (including phishing),
- sniffing,
- data decryption (cryptanalysis),
- hacker activities,
- others for which detailed knowledge can be obtained from publicly available material on the Internet.
- In order to limit the aforementioned risks related to the use of the Internet in connection with the NEWSLETTER service, the User should equip his/her device that connects to the Internet (including desktop, laptop, tablet, smartphone) with an up-to-date anti-virus and firewall program. The user should equip their e-mail with a program that detects the presence of viruses in e-mail messages and check imported data before opening (running) them using the file scanning module of the anti-virus program.
- Vershold shall not be liable for damages incurred by the User as a result of hazards on the Internet, in particular those resulting from the installation of malicious software.
5 Agreement
- The NEWSLETTER Service is provided by Vershold to the User upon the conclusion of and pursuant to the Agreement.
- The use of the NEWSLETTER service is possible after the conclusion of the Agreement between the Parties; the conclusion of the Agreement may take place as follows:
- The User, while using the Online Shop in a manner available on the portal of the Online Shop, will make his/her e-mail address available, including in the appropriate field in the Internet Shop, and will tick the appropriate box (checkbox) in order to receive commercial information to the User's e-mail address and will tick the appropriate box (checkbox) with acceptance of the Terms and Conditions and confirmation of conclusion of the Agreement; or
- The User may express the wish to use the NEWSLETTER service by making a telephone call to the telephone number provided by Vershold in the Online Shop and by providing the User's current e-mail address during telephone contact with the Service Provider's consultant. Subsequently, the User will receive, at the e-mail address provided by him or her, or at the e-mail address provided as part of the account maintained for the User under the terms of the "Terms and Conditions of the www.verstore.com Online Shop", a confirmation of his or her intention to use the NEWSLETTER service, together with the content of these Terms and Conditions and with an active activation link (or through another technically accessible solution made available by Vershold) making it possible to confirm reading and acceptance of the Terms and Conditions and confirming the conclusion of the Agreement;
- The user with an account in the Online Shop under the terms of the "Terms and Conditions of the https://verstore.com/pl/regulamin Online Shop" may, throughout the period of account use and at any time by ticking the checkbox provided for this purpose, confirm his/her wish to use the NEWSLETTER service via the e-mail address provided by the user in the process of account creation or via a separately provided e-mail address of the user and by ticking the appropriate checkbox with acceptance of the Terms and Conditions and confirmation of conclusion of the Agreement. The User having an account in the Online Shop may also use the methods of expressing the intention to use the NEWSLETTER service in the manner indicated in items 1-2 above.
- After performing any of the actions indicated in section 2 above, the User will receive, at the e-mail address provided by the User or at the e-mail address provided within the account, a confirmation of the intention to use the NEWSLETTER service, together with the content of these Terms and Conditions.
- The Agreement shall be concluded between the Parties when the User performs the actions indicated in section 2 above - after confirming that he/she has read and accepts the Terms and Conditions and confirming his/her will to conclude the Agreement, the moment these actions are performed.
- Performing the actions indicated in section 2 above by the User also includes expressing consent to receive commercial information from the Service Provider within the meaning of the provisions of 18 July 2002 on electronic provision of services. The User may refuse such consent; however, this may lead to disabling the use of the NEWSLETTER service. Within the framework of giving the consent to receive the NEWSLETTER, the User may also - according to his/her free choice and taking into consideration the choices made available by the Service Provider (including through the provision of an appropriate checkbox) - express his/her voluntary consent to receive commercial information (as defined by law) from other entities collaborating with the Service Provider.
6 Rights and obligations of Vershold
- Vershold reserves the right to send the User technical and system information regarding the functioning of the NEWSLETTER service to the User's e-mail address, which does not constitute commercial information as defined by the Act on electronic provision of services, to which the User consents by accepting the Terms and Conditions in the manner indicated in their content.
- All materials made available within the NEWSLETTER service, as well as information provided through it, are not covered by the Service Provider's guarantee as to their suitability, completeness or usefulness.
7 Use of the NEWSLETTER service by the User
- The user is obliged in particular to:
- use the NEWSLETTER service in accordance with generally applicable laws, the provisions of these Terms and Conditions and good customs, social and moral standards, including the principles of social coexistence on the Internet (netiquette);
- to always provide true and current and necessary data (e-mail address) in order to use the NEWSLETTER service;
- in the event of a change of e-mail address, to promptly update them through communication channels made available by Vershold;
- not to undertake computer or any other action aimed at unauthorised access, modification, distortion or deletion of the content made available through the NEWSLETTER service;
- to use any Content made available to him or her through the NEWSLETTER service solely for his or her own personal use; use of the Content for any other purpose is permitted only with Vershold's express, prior and written - under penalty of invalidity - consent;
- immediately notify the Service Provider of any breach of the rules set out in these Terms and Conditions.
- The User shall be solely responsible for any adverse consequences resulting from circumstances for which the User is responsible:
- the way in which the User uses the NEWSLETTER service and for any consequences arising therefrom, including damages and/or other harm suffered by other Users, the Service Provider or third parties;
- damages resulting from the User's actions inconsistent with applicable law or the provisions of these Terms of Use;
- for the consequences of the use by the User of the information obtained through the NEWSLETTER service (including the Content) and for its usefulness to the User.
- The User shall be held fully liable for any violation of the law, provisions of these Terms and Conditions, violation of the rights and/or protected rights of the Service Provider and third parties, caused by the provision by the User of false or inaccurate data necessary for the use of the NEWSLETTER service.
- The User undertakes that, as part of or in connection with the use of the NEWSLETTER service, he/she will not modify the Content provided as part of this service in an unauthorised manner.
8 Copyright; Content
- All exclusive rights, including copyrights to the Content, made available by the Service Provider or Service Provider partners through the NEWSLETTER service, belong to the Service Provider or to the entities with which the Service Provider has entered into appropriate agreements. This content is protected by law, including copyright. Furthermore, the graphic design of the NEWSLETTER (including the composition of the graphic elements), all trademarks, logos of Vershold and/or Vershold Partners are also protected by law.
- By using the NEWSLETTER service, the User is authorised to use the Content referred to in section 1 free of charge, but only and exclusively for his/her personal use and solely for the purposes of correct use of the NEWSLETTER service (or of the services available through it). The User has no right to any commercial use of the Content. Any transfer and/or provision to third parties, against payment or free of charge, of the Content made available to the User by the Service Provider through the NEWSLETTER service for a purpose other than the User's personal use is strictly prohibited.
- The User may only be entitled to use such Content to a different extent than that indicated in paragraph 2 above on the basis of express, prior and written consent under penalty of invalidity, granted by the authorised party, in particular Vershold and/or Vershold's partner.
- You are not authorized to copy, distribute, reproduce or modify any Content or any portion thereof (including elements) made available to you by Vershold through the NEWSLETTER service.
- In the event that the User becomes aware of the fact of posting, within the NEWSLETTER service, Content which violates the provisions of these Terms and Conditions, the rights of third parties (including but not limited to copyrights) and the provisions of the law in force on the territory of the Republic of Poland, the User shall immediately report such fact by contacting Vershold at the e-mail address info@vintagecuisine.fr.
9 Privacy policy and personal data protection
- The User's personal data is processed by the Service Provider as the administrator of personal data in order to provide the NEWSLETTER service.
- All detailed provisions, information and explanations concerning the privacy policy and the protection of Users' personal data are contained in the document "Privacy Policy" available at link
10 Procedure for making reservations and complaints
- Vershold does not guarantee the uninterrupted and uninterrupted availability of the NEWSLETTER service to all Users. Vershold will make reasonable efforts to ensure the correct and uninterrupted functioning of the NEWSLETTER service. In the event of an unavailability of the NEWSLETTER service, Vershold will take deliberate action to restore the operation of the NEWSLETTER service and possibly other actions to limit the impact on Users as much as possible due to technical problems.
- Vershold delivers the NEWSLETTER service to the mail server relevant to the User's e-mail address. Some servers may treat the NEWSLETTER as spam and for this reason the NEWSLETTER sent by Vershold may not reach the User. Vershold is not responsible for the above.
- All reservations and complaints of Users regarding the functioning of the NEWSLETTER service should be reported by Users via e-mail to the address: info@vintagecuisine.fr or by phone at +48 603 258 866, +48 667 090 903 or in writing to the address indicated in § 1 item 1 of the Terms and Conditions. The date of filing the complaint shall be the date on which the complaint is received by Vershold.
- The complaint shall contain the designation of the person submitting the complaint (name, surname, address of residence, e-mail address) and a description of the event giving rise to the complaint. If the data or information provided in the complaint require supplementation, before the complaint is considered Vershold shall request the User to supplement it in the indicated scope.
- Vershold shall consider the complaint within 14 days of its receipt. The response to the complaint shall be sent to the User at the User's e-mail address, e-mail address provided by the User in the complaint or in another way if the User, while submitting the complaint, indicated another way of contact in connection with the complaint procedure.
- Vershold reserves the right to extend the time limit specified in paragraph 4 above - by no more than another 14 days - in the event that recognition of the complaint requires unusual, special actions and arrangements or encounters obstacles independent of and not attributable to the Service Provider (equipment failures, Internet network, etc.). Vershold shall notify the User of the necessity to extend the time limit for the recognition of the complaint before the expiry of the time limit indicated in paragraph 5 above, simultaneously notifying the User of the reasons for the delay and setting another time limit for the recognition, subject, however, to the first sentence of this paragraph.
- Complaints containing vulgar or insulting content towards the Service Provider will not be considered by Vershold.
11 Out-of-court complaint and redress procedures and rules of access to these procedures
- Vershold hereby informs that the User who is a consumer may make use of out-of-court complaint and redress procedures.
- Detailed information about the possibility for the User who is a consumer to use out-of-court complaint and redress procedures and rules of access to these procedures are available at the offices and websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer right protection, Provincial Inspectorates of the Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php,
- https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php http://www.uokik.gov.pl/sprawy_indywidualne.php and
- http://www.uokik.gov.pl/wazne_adresy.php.
- If you are a consumer, you have the following examples of out-of-court complaint and redress procedures:
- The User shall be entitled to apply to the Permanent Consumer Arbitration Court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection, including the Permanent Court of Arbitration at the Mazovian Voivodship Inspector of Trade Inspection (ul. Sienkiewicza 3, 00-015 Warsaw) with a request to settle the dispute,
- The User shall be entitled to apply to the regional inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to enable the parties to bring their positions closer together with a view to resolving the dispute or to present the parties with a proposal to resolve the dispute.
- The user can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform provides information on forms of out-of-court dispute resolution that may arise between businesses and consumers. Vershold does not currently participate in this voluntary alternative dispute resolution procedure. Accordingly, Users may not use the ODR platform for potential disputes with Vershold.
- The rules for conducting proceedings on out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this respect are set out in the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes and other separate provisions of generally applicable law (including provisions regulating the functioning of entities competent to resolve consumer disputes). Detailed information on the possibility of using by the User who is a consumer the out-of-court complaint and redress procedures and rules of access to these procedures may be available in the offices and on the websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, in particular also at the following website address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorised to conduct proceedings concerning out-of-court resolution of consumer disputes.
- The use of out-of-court complaint and redress procedures is voluntary for Vershold and the User who is a consumer. This information does not constitute an obligation for Vershol to use the out-of-court dispute resolution. The Service Provider's statement of consent or refusal to participate in the procedure for out-of-court resolution of consumer disputes shall be submitted by the Service Provider on paper or another durable medium in the event that the dispute has not been resolved following a complaint submitted by the User who is a consumer.
12 Termination of the Agreement
- The contract is concluded by Vershold with the User for an indefinite period.
- Pursuant to Art. 7 item 2 of the Act on Rendering Electronic Services, the User may unsubscribe from the NEWSLETTER service at any time and without stating reasons, in particular by clicking on the deactivation link contained in each e-mail message sent to the User as part of the NEWSLETTER service or by clicking on the appropriate button on the Online Shop page or by ticking the relevant checkbox made available to the User as part of the User's account with the Online Shop (this concerns only Users with an account in the Online Shop) or by submitting a statement to the Customer Service Department or hotline made available by Vershold on the phone number given on the page of the Online Shop. Only Users having an account in the Online Shop) or by telephone contact with the Customer Service or hotline made available by Vershold at the telephone number given on the page of the Online Shop or by sending a statement of resignation from the NEWSLETTER service to the Provider's correspondence address as indicated in the Terms and Conditions. Unsubscribing from the NEWSLETTER service by the User results in an automatic termination of the provision of the NEWSLETTER service by Vershold in every way in which the service was provided.
- The User who is a consumer as defined by art. 221 of the Civil Code may withdraw from the NEWSLETTER Service Agreement within 14 days from the date of concluding the Agreement as determined in § 5, sec. 2, item 5 of the Terms and Conditions.
- The declaration of withdrawal from the Agreement, pursuant to paragraph 3 above, may be made on the form, the specimen of which constitutes Attachment No. 1 to these Terms and Conditions (whereas the use of this form is not obligatory and the fact of not using the form shall in no way affect the effectiveness of making a declaration of withdrawal from the Sales Agreement). In order to meet the deadline for withdrawal from the Agreement, it shall be sufficient for the User who is a consumer to send his/her statement of withdrawal from the Agreement before the deadline specified in section 3. The statement of withdrawal from the Agreement may be submitted by the User who is a consumer in writing to the address: Vershold Poland, 02-092 Warsaw, Poland, ul. Żwirki i Wigury 16A. The declaration may also be submitted in electronic form via e-mail to the address: info@vintagecuisine.fr by fax to +48 22 846 34 17. In addition, if Vershold introduces, as part of the development of the functionality of the Online Shop or the User's account within the Online Shop, the possibility of making a declaration of withdrawal from the Agreement by ticking the appropriate box (concerning only Users with an account in the Online Shop), the User who is a consumer will be able to make such a declaration in the indicated manner. In the event of withdrawal from the Agreement by a User who is a consumer as defined in Article 221 of the Civil Code, the Agreement shall be considered not concluded.
- Vershold may at any time terminate the Contract with one month's notice for the following valid reasons:
- a change in the provisions of law affecting the mutual rights and obligations set out in the Agreement or a change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent offices or authorities;
- change in the way the NEWSLETTER service is provided, for example due to technical or technological reasons (in particular, updating of the technical requirements indicated in these Terms and Conditions);
- change the scope or manner of providing the NEWSLETTER service through the introduction of new, modification or withdrawal by Vershold of existing functionalities or services covered by the Terms and Conditions.
- The Service Provider may terminate the Agreement with a notice period of 7 days or deny the User the right to continue using the NEWSLETTER service in the case of a gross violation of these Terms and Conditions by the User, and termination of the Agreement or restriction of access to the service may take place after a prior request to the User to restore the status in accordance with the Terms and Conditions and the ineffective expiry of a period of at least 3 days set for this purpose.
- Vershold shall give notice of termination of the Contract by e-mail to the User at the User's e-mail address or at any other e-mail address provided by the User.
- Termination by notice pursuant to the preceding provisions shall be subject to preservation of the rights acquired by the Party prior to termination of the Agreement (future termination).
- The termination of the Agreement may also take place with immediate effect through revocation by the User of his/her consent to the wording of the Terms and Conditions, revocation by the User of his/her consent to the processing of personal data necessary for the provision of the NEWSLETTER service by Vershold, as well as a request by the User to delete his/her data required for the provision of the NEWSLETTER service.
- In the event of termination of the Agreement or withdrawal from the Agreement in accordance with the Terms and Conditions, the User may be notified by a separate message to the User's e-mail address or other e-mail address provided by the User.
13 Amendments to the Terms and Conditions
- Vershold may amend the Terms and Conditions (or introduce new Terms and Conditions) in particular if the following circumstances occur:
- a change in the provisions of law affecting the mutual rights and obligations set out in the Agreement or a change in the interpretation of the above-mentioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of competent offices or authorities;
- change in the way the NEWSLETTER service is provided, for example due to technical or technological reasons (in particular, updating of the technical requirements indicated in these Terms and Conditions);
- change the scope or manner of providing the NEWSLETTER service through the introduction of new, modification or withdrawal by Vershold of existing functionalities or services covered by the Terms and Conditions.
- In the event of any amendments to the Terms and Conditions, Vershol will inform the User about the amendments to the Terms and Conditions, including the scope of the amendments, and will make available the consolidated text of the Terms and Conditions, including the amendments and the date of their entry into force, by publication on the websites of the Online Shop as well as by means of a message sent to the User's e-mail address, which is considered by the Parties to be the introduction of the information about the amendments to the means of electronic communication in such a manner that the User could become acquainted with its contents.
- An amendment to the Terms and Conditions shall become effective at least 14 days after the date on which information about the amendment is made available in the manner indicated in paragraph 2 above, unless Vershold, in giving notice of the amendment, indicates a longer period for the amendment to the Terms and Conditions to become effective.
- Should the User fail to accept the amendments or new Terms and Conditions, he/she shall be entitled to terminate the Agreement with immediate effect and to stop using the NEWLETTER service. The termination notice may be submitted through the communication channels indicated in § 12.2 and § 12.4 of these Terms and Conditions.
14 Final provisions
- The Terms and Conditions are valid as of 21.02.2023.
- Recording, securing, making available and confirming to the User the important provisions of the Agreement shall take place by sending to the User's e-mail address the content of these Terms and Conditions in the manner indicated in § 5 of the Terms and Conditions.
- In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code, Act on Provision of Electronic Services, Act on Consumer Rights and other relevant provisions of universally applicable law.
- The Agreement shall be governed by the laws in force in the Republic of Poland.
- Any disputes shall be settled by the courts of general jurisdiction in accordance with the provisions of the Code of Civil Procedure.
- If any provision of these Terms and Conditions is held invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions. The invalid provision will be replaced by the rule that comes closest to the purpose of the invalid provision and these Terms and Conditions as a whole.