Terms and conditions

TERMS AND CONDITIONS OF THE  www.vintagecuisine.fr ONLINE STORE

Appendices:

1. Model form of withdrawal from a distance contract.

1. These Terms and Conditions specify the rules of operation of the Online Store at www.vintagecuisine.fr and the provision of electronic services in the Online Store at www.vintagecuisine.fr.
2. The Online Store is run by Vershold Poland Sp. z o.o. with its registered office in Warsaw, address: ul. Żwirki i Wigury 16A, 02-092 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Department of the National Court Register, under KRS number 0000629221, REGON 142114475; contact: info@vintagecuisine.fr, phone +48 603 258 866 (call charge according to the price list of the relevant operator), hereinafter referred to as "Vershold".
3. These Terms and Conditions are addressed to Customers who are and are not Consumers, use the Online Store, Electronic Services or conclude Sales Agreements (except for point 16 of the Terms and Conditions, which apply only to Customers who are not Consumers).
4. Before using the Online Store, the Customer is obliged to read the Terms and Conditions. Using the Online Store means that the Customer has read, accepted and complies with the provisions of the Terms and Conditions. The Customer's acknowledgement and acceptance of the Terms and Conditions shall be voluntary; however, it is necessary to create an Account and/or to place an Order by the Customer.
5. The Terms and Conditions are made available to the Customer without interruption, free of charge via the website available at vintagecuisine.fr. The Customer may at any time view and save the Terms and Conditions in the computer memory in PDF format, and also print it out.

• CSO – Customer Service Office, created to assist the Customers, answer their questions and provide information about the Online Store, the Products and the Terms and Conditions; the CSO works from Monday to Friday, from 9:00 a.m. to 5:00 p.m. at the following telephone numbers: +48 603 258 866, at the e-mail address: info@vintagecuisine.fr and using the contact form on the Online Store's Website or using the chat software on the Online Store website. Call charge to the CSO according to the price list of the relevant operator;
• Price – the amount of gross remuneration specified in Euro (including tax on goods and services) due to Vershold in accordance with a Sales Agreement. The Price does not include delivery costs, unless the description of a specific Product or Promotion (provided with the Product description) state otherwise;
• Functionality – the ability of the Digital Content, Digital Service or Goods to serve their intended purpose;
• Password – a string of characters provided by the Customer, including letters, numbers and special characters, the provision of which by the Customer is necessary for authorization when logging in to the Account. The Password is created by the Customer when creating the Account. The Password should consist of at least six (6) characters and contain uppercase and lowercase letters as well as numbers or special characters and should be changed by the Customer at least every 7 (seven) days. Account registration requires the identical Password to be entered twice. The Customer is obliged not to disclose the Password to third parties and to keep the Password strictly confidential. The Password can be changed by the Customer;
• Integration – the combination of the Digital Content or Digital Service with elements of the Consumer’s Digital Environment and its incorporation into those elements to ensure conformity with the Digital Content or Digital Service Agreement;
• Interoperability – the ability of the Digital Content, Digital Service or Goods to work with computer hardware or software other than that normally used to access the Digital Content or to use a Product of the same type;
• Customer – any legal entity that may acquire rights and incur liabilities on its own behalf (including the Consumer). If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain legally effective consent of his/her legal representative for the conclusion of the Service Provision Agreement/Sales Agreement and to present such consent at each request of Vershold;
• Compatibility – the ability of the Digital Content, Digital Service or Goods to work with computer hardware or software that is normally used to access the Digital Content or to use a Digital Service or Product of the same type, without the need to modify them;
• CC or the Civil Code – the Act of 23 April 1964 Civil Code (Journal of Laws of 2017, item 459, as amended);
• Consumer – a natural person performing a legal transaction which is not directly related to their business or professional activity; unless expressly stated otherwise, the provisions in these Terms and Conditions concerning Consumers shall also apply to Entrepreneurs with the rights of a consumer;
• Account – an Electronic Service provided by Vershold, which is an individualized data resource enabling the Customer to use selected functionalities of the Online Store, including accelerating the Order placement process, enabling the saving and storage address data of the Customer necessary for shipping the Products, Order status tracking and access to Order’s history. The Account is registered individually for the Customer. The Account is individualised with the name (Login) and Password by means of which the Customer also gains access to the Account. The Account is created by the Customer voluntarily, and the ability to place Orders and conclude a Sales Agreement does not require an Account;
• Cart – an Electronic Service provided by Vershold to the Customer by means of which the Customer obtains the possibility of placing an Order, using the discount granted by Vershold (on separate terms specified on the Online Store website or otherwise with separate agreements/terms and conditions), displaying a summary of the Prices of individual Products and the Total Price of all Products (including shipping costs), displaying the expected delivery date of the Products. The Cart stores the offers placed by the Customer to conclude a Sales Agreement;
• Login – the Customer's e-mail address provided as part of the Online Store during the Account registration.
• Lowest Price – the lowest Price which was applied during the period of 30 days prior to the application of the Price reduction, or which was applied during the period from the date the Product was first offered for sale until the date the reduction was made (where the Product has been offered for sale for less than 30 days). The lowest price shall be indicated whenever a Price reduction is communicated, next to the information on the reduced Price.
• Newsletter – an Electronic Service provided by Vershold to the Customer, by means of which the Customer may receive from Vershold - upon the Customer's express consent - periodic marketing information about the Products, the Online Store, including news and Promotions, to the e-mail address provided by the Customer. The rules for the provision of the Newsletter services by Vershold are set out in separate terms and conditions made available as part of the Online Store;
• Product, also referred to as Good(s) – a movable item (including Goods with digital elements) that may become the subject of a Sales Agreement between the Customer and Vershold, available via the Online Store against payment of a Price. All Products presented in the Online Store are brand new and are the property of Vershold.
• Promotions – special sales conditions for the Products determined by Vershold for a specified period, the rules of which are presented as part of the Online Store and which the Customer may use, such as lowering the Price or shipping costs; as a rule, the Promotions in force in the Online Store may not be combined, unless the provisions of the Promotions expressly provide otherwise. The Customer may benefit from a given Promotion by providing an appropriate discount code or possibly other data specified in the Promotion rules as part of the Order placing process;
• Entrepreneur with the rights of a consumer – a natural person, concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for this person, arising in particular from the subject of their economic activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (CEIDG);
• Terms and Conditions – this document specifying the rules for the conclusion of Sales Agreements and the rules of providing and benefiting from services provided by Vershold via the Online Store for the benefit of the Customers. In the scope services provided by electronic means, these Terms and Conditions are the terms and conditions specified in Art. 8 of the Act of 18th July 2002 on the provision of electronic services (Journal of Laws 2020.344, i.e. of 2020.03.03 as amended);
• Online Store – a platform held by Vershold, available at vintagecuisine.fr enabling Customers to place Orders and conclude Product Sales Agreements, and to provide other services provided by Vershold for the benefit of Customers, constituting a set of interconnected webpages;
• Website – website on which the Online Store operates, available at: vintagecuisine.fr;
• Goods with digital elements – Goods containing or connected to digital content in such a way that the absence of the Digital Content would prevent the Consumer from making proper use of the Goods;
• Content – text, graphic or multimedia elements (e.g. photos and descriptions of the Products, ratings and comments of the Customers) constituting works within the meaning of Art. 1 of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2017, item 880, as amended), and not constituting such works, as well as images of natural persons that are posted and/or disseminated via the Online Store by Vershold, Vershold's partners and contractors or Customers or other people using the Online Store;
• Digital Content - data produced and delivered in digital form;
• Sales Agreement, also referred to as Agreement – an agreement for the sale (within the meaning of the Civil Code) of Products against payment of a Price, concluded by and between Vershold (as the seller) and the Customer (as the buyer). In the Sales Agreement, the Price may be increased by additional fees, including shipping costs (cost of the Product delivery), calculated by Vershold on a case-by-case basis and made known to the Customer before they place an Order. The Sales Agreement is concluded by and between the Customer and Vershold using means of distance communication as a result and at the moment of placing an Order by clicking the button “Order with obligation to pay”, which is equivalent to the input of the Customer’s Order to the IT system of the Online Store (where the Sales Agreement is concluded subject to compliance of the Order with the Terms and Conditions). Upon conclusion of the agreement, the Customer shall receive an email with confirmation of all relevant elements of the Order - the Product, its main characteristics, the Price, the shipment costs and other significant conditions. If the Customer places an Order or Orders for several Products, each Product shall be considered a subject of a separate Sales Agreement.
• Digital Service - a service that allows the Consumer: (i) to produce, process, store or access digital data, (ii) to share digital data that has been uploaded or produced by the Consumer or other users of the service, (iii) to engage in other forms of interaction using digital data. Acquired by the Consumer by means of a Digital Service Agreement concluded via the Online Store.
• Electronic Service – a service provided by Vershold to the Customer by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2020.344, i.e. of 2020.03.03, as amended; hereinafter: PES) via the Online Store on the terms set out in the Terms and Conditions;
• Act – Act of May 30, 2014 on consumer rights (Journal of Laws 2020.287, i.e. of 2020.02.21, as amended).
• Order – a Customer's statement of intent placed by the Customer by means of distance communication, expressing the Customer's direct will to be bound by the Product Sales Agreement concluded with Vershold. By placing an Order, the Customer makes an offer to conclude a Product Sales Agreement and provides the Customer's data necessary for the conclusion and performance of a Sales Agreement. The Order of each Product shall be treated as an independent offer of the Customer to conclude a Sales Agreement. Vershold may assign its unique, individual Order number to the Order placed by the Customer. Each time an Order is placed by clicking a relevant button available as part of the Order summary stage, the Customer is informed by Vershold that placing an Order is associated with the Customer's obligation to pay. The conclusion of the Sales Agreement takes place at the moment when the Customer places an Order by clicking the "Order with payment obligation" button.

2. Whenever the definitions in par. 1 above the singular is used, these definitions apply accordingly to the plural; when used in the plural, these definitions apply correspondingly to the singular.

3. RULES OF OPERATION OF VINTAGECUISINE.FR ONLINE STORE; ELECTRONIC SERVICES; RIGHTS AND OBLIGATIONS OF THE PARTIES RELATED TO THE ELECTRONIC SERVICES

1. Windows/Mac Os X/Android/Linux operating system and its distributions;
2. the Customer must have access to e-mail and have an active e-mail address;
3. Web browser: Mozilla Firefox "Extend Support Release" version or higher; or Internet Explorer, version 9 or higher; or Opera, version 49.0 or higher; or Google Chrome, version 63.0 or higher; or Safari, version iOS6.+ or higher;
4. recommended minimum screen resolution: 1920 x 1080 pixels;
5. Javascript enabled in the web browser.
3. Via the Website, Vershold may provide the following Electronic Services to the Customers (whereas further provisions of the Terms and Conditions regarding Electronic Services apply to Electronic Services currently provided by Vershold or such Electronic Services that may be introduced by Vershold in the future, and each time the possibility of using specific Electronic Services results from the current functionality of the Online Store):
   1. presenting the Products in the Online Store, including enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in these Terms and Conditions;
   2. account management,
   3. enabling Customers to use the Cart services;
   4. enabling browsing and publishing of Content as part of the Online Store;
   5. Newsletter
4. The Electronic Services Agreement shall be concluded upon receipt by the Customer of the Account registration confirmation sent by Vershold to the e-mail address provided by the Customer during registration (registered Customers) or at the moment of placing an Order in the manner described in the Terms and Conditions (unregistered Customers).
5. The Customer may create an Account in the Online Store by clicking the "Register" icon in the upper right corner of the Website, then completing the appropriate registration form, confirming the data provided by the Customer and acknowledging the provisions of these Terms and Conditions and confirming acceptance of its provisions, and then clicking the "Create Account" icon. In addition, as part of the process of creating an Account, the Customer should select the appropriate checkbox for acknowledging and accepting the rules for processing personal data for the purposes of creation and use of the Online Store Customer Account. Vershold may also ask the Customer for voluntary consent to other purposes of processing the Customer's personal data indicated in the relevant statement and shall inform the Customer about his rights in connection with the processing of personal data. As part of the Account registration process, the Customer may be asked to provide the following data:
   1. first name and last name (required field);
   2. Customer's e-mail address (required field);
   3. Account Password (then - after entering the Password - the Customer will be asked to repeat the Password) (required field);
   4. selecting the appropriate checkbox, by which the Customer subscribes to the Newsletter Electronic Service – voluntary field, not required to create an Account.

If the registration form is not completed correctly by the Customer, a relevant message will be displayed on the website. In such a situation, the Customer should correctly complete the registration form again and click the "Create Account" button again. The Customer also has the option of creating an Account via the Customer Service Office. The Customer shall be asked to provide the data necessary to create an Account without a Password, shall be asked to read and accept the Terms and Conditions and the Privacy Policy, and to the e-mail address provided, the Customer shall receive a confirmation of the Account creation along with a link to the Account, after clicking which he /she will have to enter the Password.

6. In order to log in to the Account, the Customer shall enter in the login form on the Online Store website the e-mail address provided in the registration process and the Password, and click the "Log-in" button. The Account details are available after clicking the "My Account" button in the upper right corner of the website. In order to modify the Customer's personal data provided or the content of the statements and consents provided by the Customer, the Customer should log in to the Account, enter the "Account Data" tab, click the "Edit" button and modify the provided data (including e-mail address and Password) or the content of statements and consents provided using the "Save" button; changing the information on consenting to use the Newsletter Electronic Service is possible in the "My Consents" tab and/or in the "Privacy Policy" tab available after logging in to the Account. If the revocation of a given consent makes it impossible for Vershold to provide services or perform an agreement with the Customer (e.g. failure to accept the Terms and Conditions), it is not possible to change these consents – instead, it is necessary to delete the Customer Account; the same applies if you want to delete data that was obligatory (required) in the course of registration.
7. The Electronic Service of the Account is provided free of charge for an indefinite period.
8. The Customer does not have to create an Account to be able to place Orders for Products in the Online Store, but its creation significantly accelerates the Order placement process and gives the Customer the opportunity to use a number of Online Store functionalities unavailable to Customers who do not have an Account.
9. The Customer may, at any time and without providing the grounds, remove the Account (cancel the Account) by contacting the CSO by email at: info@vintagecuisine.fr. The Customer shall be notified about the successful removal of their Account in a separate email sent to the email address provided by the Customer during the registration process. For the purposes of Account removal, Vershold may verify whether the person requesting the removal of an Account is the actual Customer. In order to verify the Customer’s identity, Vershold may contact the Customer to confirm their intent to remove the Account.
10. For the Customers who have registered an Account in the Online Store, Vershold may provide the following services free of charge via the Online Store:
    1. enabling access to the personal data provided by the Customer (including address data) and consents expressed as well as the possibility of modification, removal and management of such information and data (including Account data);
    2. storing and providing the Customer (e.g. for browsing purposes) with the Order history and ensuring the possibility of observing the current status (performance stage) of the Order;
    3. enabling the Customer to create and modify the Customer's wish list regarding the Products;
    4. providing and storing contact information data (including telephone number, delivery address and billing address);
    5. setting and changing the default payment methods for Orders and managing data regarding settlement agreements;
    6. enabling the Customer to go to the Cart with the Products added by the Customer in the current session and not yet included by the Order placed;
    7. reading, using and posting the Content in the Online Store (including opinions about the Products);
    8. managing the Newsletter Electronic Service and other Electronic Services.
11. Vershold may provide the Customers with the Cart Electronic Service. This Service is provided by Vershold free of charge and begins when the Customer adds the first Product to the Cart (clicking the "Add to Cart" button). The Cart enables the Customer to add more Products to place one Order for a Product. The service is completed when the Customer places an Order via the Cart or voluntarily resigns from placing an Order via the Cart. The Cart service may store information about the Products added to the Cart by the Customer also after the end of the browser session, including after logging out of the Account, for a period no longer than midnight on the day on which the item was added to the shopping list, subject to the next sentence. Depending on individual browser settings, this period may change, for which Vershold is not responsible. However, the Customer may not reserve the Product in any way by adding it to the Cart. The Customer may access the Cart by clicking the cart icon or equivalent icon on the subpage of a given Product or on the Online Store website.
12. The Customer, both in the Account registration process in the Online Store or when using the Account, as well as for the purpose of placing an Order or using Electronic Services, may not, under any circumstances, provide untrue, out-of-date data, as well as data of third parties (other than the Customer).
13. In the event of a change of any data provided by the Customer (in the Account registration process or for the needs of Vershold's provision of Electronic Services or for the conclusion or performance of the Sales Agreement), the Customer should immediately update the previously provided data (in particular personal data), especially to the extent that it is necessary for the proper performance of the Electronic Services or the Sales Agreement. The Customer is entitled to change the data provided when registering the Account at any time using the options available within the Account (including the "Address Book" and "Account Details" tabs).
14. When using Electronic Services or using the Online Store, the Customer should do so in accordance with the law, the Terms and Conditions, and in accordance with the customs and principles of social coexistence adopted in a given area and in such a way as not to interfere with the functioning of Vershold or the Online Store, as well as in order not to interfere with their use for the benefit of the Customer or other people (other Customers).
15. If the Customer provides any Content in connection with the use of the Online Store or Electronic Services (in particular by entering the Customer's opinions, descriptions or comments on the Website, using the forum provided by Vershold or other form of communication), the Customer undertakes that the Content provided or transferred by the Customer shall comply with the provisions of applicable law, shall not infringe the personal rights of any entities, shall not infringe any economic or personal rights of any entities. In addition, the Customer undertakes that as part of or in connection with the use of the Online Store or Electronic Services, he/she shall not:
    1. take actions consisting in sending or posting unsolicited commercial communication in the Online Store or posting any Content that violates the law;
    2. take any actions aim at obtaining information not intended for the Customer, including data of other Customers, and shall not interfere with the principles or technical aspects of the functioning of the Online Store or Electronic Services;
    3. modify in an unauthorized way the Content provided by other Customers and/or Vershold, in particular the Prices or Product descriptions provided in the Online Store.
16. If the Customer concludes a Sales Agreement with Vershold, they are obliged to timely pay the Price and other costs about which they have been informed by Vershold (especially the costs of the delivery of the Products to the Customer) in full amount.
17. If Vershold fails to provide an Electronic Service in an adequate manner, the Customer may file a complaint about such a service. Complaints related to the provision of Electronic Services may be filed by contacting the CSO by email;
18. When submitting a complaint – in order to improve the process of considering a complaint for an Electronic Service – the Customer may provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, including the time of occurrence and the type of irregularity found by the Customer in the provision of Electronic Services by Vershold (2) Customer expectations as to the manner of considering the complaint and (3) contact details of the Customer submitting a complaint. Providing this data is only recommended to facilitate and accelerate the consideration of the complaint, and failure to provide it by the Customer shall not make the complaint ineffective.
19. Vershold shall respond to complaints about the Electronic Services without delay, not later than within 14 calendar days from the date of its submission. The response shall be provided to the details indicated by the Customer.

4. SALE OF PRODUCTS

1. The Products available for sale in the Online Store are described in detail on individual subpages dedicated to each of the Products. The subpage of each Product shall contain, in particular, information about the main features of the service (Product), including the name and the photograph of the Product, its Price, and information about its properties, specifically about the type and brand of the Product, its intended use and technical data, functionality, compatibility and interoperability of the Goods with digital element. The Product description also includes information about the availability of the Product in the Vershold’s warehouse. 
2. The sale of the Products via the Online Store takes place on the basis of a Sales Agreement by means of an Order placed by the Customer for Vershold remotely via the Website.
3. Placing an Order by the Customer should be understood as the Customer's clicking the "Order with payment obligation" button on the Online Store website. Upon placing an Order by the Customer, a Sales Agreement is concluded with Vershold. 
4. By placing an Order, the Customer selects the Product, in particular specifying the quantity (in pieces) of the ordered Product and selects the method of delivery and payment method of the Price (along with any additional fees, in particular the cost of delivery of the Product to the Customer).

5. PRICE

1. The Prices on the website of each Product are given in gross value (including all applicable taxes and duties).
2. The Product Price shall be increased by the costs of delivery of the Product to the Customer in the amount depending on the method of Product delivery selected by the Customer, indicated each time on the Product's page/subpage and/or additionally in the Order placement process at the "Summary and Payment" stage. 
3. The Online Store does not introduce the minimum value of the Order for delivery. The minimum value of the Order for free shipping is EUR 99 gross, but Vershold may change this amount as part of the Promotion.

1. Within the scope of the functionalities of the Online Store, Vershold enables the Customer to place Orders via the Online Store in the following manner:
1. The Customer should enter the website of the selected Product by clicking the icon of a given Product on the website of the Online Store;
2. on the page of the selected Product, the Customer should click the "Add to Cart" button;
3. after adding the Product to the Cart, a message will be displayed on the Product's page informing that the Product has been added to the Cart ("Added" message). Subsequently, the Customer may browse other Products in the Online Store and add them to the Cart in the manner described above, or may go to the Cart to finalize the Order;
4. in order to start placing an Order for Products added to the Cart, the Customer should click the button with the cart icon in the upper right corner of the page;
5. after clicking the Cart button, the content of the Cart will be displayed (all Products in the Cart) along with a partial Price for the Products and along with the "Checkout" button; at this stage, the Customer may also modify the Order by removing individual Products or their parts from it
6. after clicking the "Checkout" button, the Customer may also provide the discount code obtained from Vershold (e.g. within the Promotion) by clicking on the "Use a discount code" link, which shall entitle the Customer to obtain the benefits associated with the code under the Promotion and in accordance with the rules of the Promotion provided by Vershold;
7. after the Customer clicks the "Checkout" button, the Customer shall be automatically redirected to the Order placement page;
8. on the first page to which the Customer will be redirected after clicking the "Checkout" button the Customers who have a registered Account shall be asked to log in to the Account and fields to be completed regarding the Product delivery address (first name and last name of the recipient, form, postal address including the street and the house/apartment number of the shipment recipient, contact telephone number) shall be displayed, and the Customer may select the delivery method (by selecting the appropriate checkbox) after reading the delivery costs provided there (depending on the method of delivery and payment for the Products). In the purchases of Products are made by the Customer with a registered Account and after logging in to the Account, the fields regarding the shipment of Products and other Customer contact details may be filled automatically with some information and data provided by the Customer as part of the Account (which the Customer should update at this stage, if necessary);
9. in the case of Customers who do not have a registered Account, the delivery data and contact details should be entered by the Customers themselves in terms of all the data indicated in the form necessary to conclude and perform the Sales Agreement (these are data marked in the form with an asterisk);
10. After filling in all the fields marked as mandatory, the Customer should click on the “Next” button and in a further step, the Customer will be automatically transferred to a page where they can choose the delivery method (by ticking the appropriate checkbox) after reviewing the delivery costs (which depend on the payment and delivery method).
11. After selecting the delivery method, the Customer should click on “Proceed to Payment”. In the following step, the Customer is automatically redirected to a page where they can choose the method of payment for the Order (in accordance with the payment methods provided by Vershold). Depending on the chosen payment method, the Customer may be asked to provide additional data necessary for making the payment (number and expiry date of the credit card, CVV code), and will be asked to read and confirm the regulations applied by external payment service providers (by marking the appropriate checkbox).
12. The Customer – on the right side – shall have information about the details of the Order (Order Summary) displayed at all times, i.e. about the Products, delivery address and delivery method selected by the Customer, as well as the total costs related to the implementation of the Sales Agreement including the Price for the Products, the costs of delivery of the Products and possible costs to be borne by the Customer (total amount to be paid); if there is a need to make a change in this regard, the Customer should return to the previous steps described above;
13. The Customer – provided that he/she wishes to conclude a Sales Agreement – should click the "Order with payment obligation" button provided by Vershold, which results in placing an Order, which entails the obligation to pay the amounts indicated in the Order Summary (i.e. concluding a Sales Agreement under the conditions specified in the Order Summary and in these Terms and Conditions). However, before clicking the "Order with payment obligation" button, the Customer is absolutely obliged to read the complete content of the Terms and Conditions, and then he/she should – by selecting the appropriate checkbox – confirm that he /she has read the Terms and Conditions and accept the terms of the Terms and Conditions;
14. by clicking the "Order with payment obligation" button, the Customer sends the Order using the functionality of the Online Store provided for this purpose. Summary of the placed Order (which is also a confirmation of the conclusion of the Sales Agreement) shall be automatically sent to the e-mail address provided by the Customer along with the information referred to in Art. 12 sec. 1 of the Act;
15. if the Customer selects "PayPal" or "Mollie" payment method, the Customer may be redirected to the websites of an external payment service provider in order to make electronic payments. In such a situation, the Customer should follow the instructions of the relevant electronic payment operator. After completing the payment procedure, you will be automatically redirected to the page confirming the placement of the Order along with information about the successful completion of the payment procedure;
16. if the Customer has an Account registered in the Online Store, all Orders placed by the Customer are also visible in the Account area in the "Orders" tab. In addition, in the "Orders" tab, the Customer with a registered Account can track the current status of the Order;
2. In the event of concluding the Sales Agreement using other means of distance communication (as in point 4.3. of the Terms and Conditions), including by phone, at the initiative of the Consumer, Vershold, in response to the Order, Vershold immediately sends the Customer an automatic message to the e-mail address provided for this purpose by the Customer confirming acceptance of the Order and commencement of its verification. After verifying the Order, without undue delay, the Seller sends the Customer, to the e-mail address provided, a message confirming the acceptance of offers for the Product submitted as part of the Order and confirming the conclusion of the Sales Agreement (acceptance of the Order for the Products indicated in the message) or informing that all offers for Products submitted as part of the Order have not been accepted. In such cases, the Sales Agreement is concluded upon confirmation of the offer(s) – upon receipt of the e-mail by the Customer. 
3. If it is not possible to complete the Order with regard to all or some of the Products indicated in the Order, the CSO shall contact the Customer in order to inform the Customer about the impossibility to deliver the Product, which does not infringe the Customer's right to withdraw from the Sales Agreement without setting an additional date. If it is not possible to accept the offers submitted as part of the Order, the Sales Agreement in the scope of the Products indicated by the CSO is not concluded, and Vershold immediately, not later than within 14 calendar days, returns to the Customer the payments made by him/her, to the extent that the Sales Agreement has not been concluded. The Customer may then withdraw from the Sales Agreement in whole or in part relating to the Product from among those covered by the Order, which Vershold is not able to deliver. In the event of exercising the right to withdraw from the Sales Agreement in whole or in part, Vershold shall immediately, not later than within 14 calendar days, reimburse all amounts paid by the Customer for the entire Order (in the event of withdrawal from the Sales Agreement in full) or part of the amounts corresponding to the Price and other costs, in particular the costs of delivery of the Products in relation to which the Customer has withdrawn from the Sales Agreement (in the event of withdrawal from the Sales Agreement in part). 
4. Vershold may introduce further methods of placing Orders using means of distance communication in accordance with these Terms and Conditions.

7. PAYMENT METHODS

1. Vershold enables the use of the following methods of payment for a placed Order: 
1. advance payment via the “PayPal” platform, using the payment methods offered by “PayPal”;
2. advance payment via the “Mollie” platform, using the payment methods offered by “Mollie”.
2. Each time the currently possible payment methods are specified in the Online Store in the "Questions and Answers" tab. The available payment methods may depend on the delivery method selected by the Customer.
3. Settlements of transactions with electronic payments and payment cards are carried out according to the Customer's choice through external payment service providers. When placing an Order, the Customer selects the payment method. When selecting the payment method via Mollie or PayPal, the Customer should read the payment terms and conditions displayed at the link provided on the Online Store website used by such an external payment service provider, and then should – by selecting the appropriate checkbox – confirm that he /she has read these terms and conditions and accepted their provisions. Upon successful completion of the payment procedure, the Customer shall be notified that the payment procedure is completed.
4. If the payment is made via a traditional bank transfer, immediately after placing the Order, the Customer shall receive an e-mail with the necessary instructions and the account number to which the payment should be made.
5. If the Customer selects one of the advance payment options, the Customer should make this payment immediately after placing the Order. If the Customer fails to make the payment immediately after placing the Order, but not later than within 24 hours of placing the Order (which should be understood as clicking the "Order with payment obligation" button), the CSO may contact the Customer to remind about the payment, including by sending an e-mail. Failure to make the payment within 24 hours of placing the Order, and then within the additional 2-day period, shall result in the cancellation of the Order and, consequently, failure to ship the Product covered by the Order to the Customer.
   

1. Vershold allows the Customer to use the following methods of Product delivery: delivery by courier to the address indicated by the Customer. The possibility of personal collection of Products by the Customer is excluded. 
2. Products may be delivered within the territory of France. 
3. The delivery of the ordered Product is payable, unless the Sales Agreement provides otherwise (in particular if, due to the total value of the Order or the terms of the Promotion, Vershold decides otherwise, about which it shall inform the Customer on the subpage of a given Product or in the process of placing the Order when the Customer selects the payment and delivery option). 
4. Vershold informs Customers about the available methods and costs of delivery of the Products in the "Questions and Answers" tab and each time in the Order placement process (when selecting the delivery and payment method).
5. Vershold makes every effort to ensure that Orders are processed as quickly as possible. The deadline for shipping the Product to the Customer from the moment the payment is credited is up to two business days, the date of delivery of the Product to the Customer is up to two business days, unless a different delivery date is specified on the subpage of the Product or when placing the Order, but it cannot be longer than 30 calendar days. In the event of Vershold's delay in the delivery of the Products, the Customer may set an additional deadline for the delivery of the item, and after its ineffective expiry, the Customer may withdraw from the Sales Agreement, regardless of withdrawal from the Agreement for other reasons. The total date of delivery of the Product to the Customer consists of the time of preparation of the Order for shipment by Vershold and the time of delivery of the Product by an external shipping service provider, while Vershold shall proceed to prepare the Order for shipment upon crediting the Vershold's bank account or billing account (if the Customer selects the method of payment in advance) or at the moment of concluding the Sales Agreement (if the Customer selects the method of payment on delivery). The Customer shall be informed about the expected time of delivery of the Product by a given shipping service provider in the "Orders" tab available as part of the the Account (for registered Customers) or in the form of a message provided by the shipping service provider sent to the e-mail address provided by the Customer in the process of placing an Order or registered as part of the Account (for Customers who have an Account in the Online Store and for Customers who are not registered in the Store), provided that the external shipping service provider uses this form of information on the time of delivery.
6. If, before the delivery of the parcel with the Product to the Customer, it turns out that it has suffered a defect or damage, the Customer or another person receiving the parcel containing the Product should immediately draw up a report, along with the person delivering the parcel (courier), about the condition of the parcel and the circumstances of the damage. If, after release of the parcel, a defect or damage to the parcel is revealed that cannot be noticed from the outside upon collection, the Customer should immediately, after discovering the damage, but not later than within 7 calendar days from the date of collection of the parcel, report to the carrier a request to determine the condition of the parcel.

9. COMPLAINTS (NON-CONFORMITY AND GUARANTEE)

1. In the event of non-conformity of the Goods with the Agreement, the Consumer shall have the rights set out in applicable law. 
2. The basis and extent of Vershold’s liability to the Customer - if the Product sold is not in conformity with the Sales Agreement - are set out in the provisions of the Act, in particular Art. 43(a) et seq. 
3. A Product is in conformity with the Agreement if, in particular, the following remain in conformity with the Agreement:

4. Furthermore, to be considered in conformity with the Agreement, the Product must:

5. Vershold shall not be liable for the Product’s non-conformity with the Agreement to the extent referred to in clause 9.3. or 9.4. if the Consumer, at the latest at the time of conclusion of the Agreement, was expressly informed that a specific feature of the Product deviates from the requirements for conformity with the Agreement set out in clause 9.3. or 9.4. and the Consumer expressly and separately accepted the lack of a particular feature of the Product.
6. Vershold shall be liable for the Product’s non-conformity with the Agreement resulting from incorrect installation of the Product if:

7. Vershold shall be liable for the Product’s non-conformity with the Agreement existing at the time of delivery and discovered within two years of that time, unless the Product’s shelf life, as determined by Vershold, its legal predecessors or persons acting on their behalf, is longer. Any non-conformity of the Product with the Agreement which becomes apparent within two years after delivery of the Product shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the nature of the Product or the nature of the Product’s non-conformity with the Agreement. Vershold may not rely on the expiry of the time limit for establishing the Product’s non-conformity with the Agreement if it has fraudulently concealed such non-conformity.
8. In respect of Goods with digital elements, Vershold shall be liable for the non-conformity with the Agreement of the Digital Content supplied on a continuous basis which has occurred or become apparent during the period of time in which the Digital Content was to be supplied in accordance with the Agreement. This period of time shall not be less than two years from the delivery of the Goods with digital elements. The non-conformity of the Digital Content with the Agreement shall be presumed to have occurred within this period if it has become apparent within this period.
9. If the Product is not in conformity with the Agreement, the Consumer may request repair or replacement.
10. Vershold may make a replacement when the Consumer requests a repair, or Vershold may make a repair when the Consumer requests a replacement, if it is impossible or would require unreasonable costs for Vershold to bring the Product into conformity with the Agreement in the manner chosen by the Consumer. If repair and replacement are impossible or would involve excessive cost to Vershold, Vershold may refuse to bring the Product into conformity with the Agreement.
11. Vershold shall repair or replace the Product within a reasonable time from the moment Vershold is informed by the Consumer of its non-conformity with the Agreement and without unreasonable inconvenience to the Consumer, taking into account the nature of the Product and the Consumer’s intended purpose for which the Product was purchased. The cost of repair or replacement, including in particular the cost of postage, carriage, labour and materials, shall be borne by Vershold.
12. The Consumer shall make the Product subject to repair or replacement available to Vershold. Vershold shall collect the Product from the Consumer at its expense. The Consumer shall prepare a parcel with the Product that they believe is not in conformity with the Agreement and deliver the Product in a manner convenient to them at the sole expense of Vershold to Fulfilio Sp. z o.o Łubińska 10, 05-532 Łubna or to the address indicated by Vershold on the Product subpage. 
13. If the Product was installed before its non-conformity with the Agreement became apparent, Vershold shall uninstall the Product and reinstall it after repair or replacement, or have these activities performed at its expense.
14. The Consumer shall not be obliged to pay for the ordinary use of the Product which has been replaced.
15. If the Product is not in conformity with the Agreement, the Consumer may request a price reduction or may withdraw from the Agreement when:

16. The reduced Price shall remain in such a proportion to the Price specified in the Agreement as the value of the non-conforming Product remains to the value of a conforming Product.
17. Vershold shall reimburse the Consumer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer’s request for price reduction.
18. The Consumer may not withdraw from the Agreement if the Product’s non-conformity with the Agreement is immaterial. It shall be presumed that the Product’s non-conformity with the Agreement is material.
19. If the non-conformity with the Agreement relates only to certain Products supplied under the Agreement, the Consumer may withdraw from the Agreement only in respect of those Products and also in respect of the other Products purchased by the Consumer together with the non-conforming Products, if the Consumer cannot reasonably be expected to agree to keep only the conforming Products. 
20. If the Consumer withdraws from the Agreement, they shall immediately return the Product to Vershold at its expense. Vershold shall reimburse the price to the Consumer immediately, but no later than within 14 days of receipt of the Product or proof of return. 
21. Vershold shall make a refund to the Consumer using the same payment method that has been used by the Consumer, unless the Consumer has expressly agreed to a different method od reimbursement which does not involve any costs on their part.
22. The Consumer may withhold payment of the price until Vershold has fulfilled its obligations under clauses 9.8 to 9.20. 
23. The Products presented in the Online Store may be covered by Vershold’s long-life guarantee. In such a case, Vershold shall be the Guarantor. The information whether a given Product is covered by the Guarantee and the detailed conditions thereof, including its term (running from the day of reception of the Product by the Consumer) is provided on individual Products subpages. Vershold’s liability under the Guarantee (if Vershold has provided a Guarantee notice for a given Product) shall cover only the Product’s non-conformity resulting from causes existing in the sold Product. 
24. Under the Guarantee granted for the Product in accordance with item 23 above, the Consumer may claim repair or replacement of the Product free of charge, provided that the non-conformity of the Product becomes apparent within the Guarantee period communicated to the Consumer in the manner described in item 23 above. For the avoidance of doubt, the Guarantee shall not include the right to reimbursement of the Price (in part or in whole), or to any services from Vershold other than those expressly and clearly specified in this item. 
25. The Consumer may exercise their rights in respect of the Product’s non-conformity with the Agreement independently from the rights arising under the Guarantee granted by Vershold.  Exercising any rights arising under the Guarantee shall not affect Vershold’s liability resulting from the warranty.However, if the Consumer exercises their Guarantee rights on the Product, the period for exercising their rights in respect of non-conformity with the Agreement shall be suspended from the date of notifying Vershold of the non-conformity of the Product. This period shall run again from the date Vershold refuses to perform its obligations under the Guarantee or from the date when the time for performing them has expired.
26. The Consumer may file a complaint by email at: info@vintagecuisine.fr
27. In order to accelerate and facilitate the processing of the Consumer’s complaint concerning a Product, it is usually appropriate to return the Product to Vershold (possibly together with the complaint). At the same time, in order to accelerate and facilitate the processing of their complaint, the Consumer is advised to provide the following information:

28. Vershold shall reply to the Consumer’s complaint and/or fulfil its non-conformity or Guarantee obligations without delay, and no later than within 30 calendar days from the date the complaint has been filed by the Consumer. If Vershold fails to reply to the Consumer’s complaint within this time limit, it is deemed to have accepted the complaint.
29. Vershold shall reply to the Consumer’s complaint in writing to the correspondence address provided by the Consumer or via email to the electronic mail address provided by the Consumer in the complaint or while purchasing the Product or registering their Account in the Online Store. 
30. The provisions of this Chapter “9. Complaints (non-conformity and guarantee)” shall also apply to Entrepreneurs with the rights of a consumer.
31. In matters not regulated in these Terms and Conditions, concerning Product non-conformity or the Guarantee, the provisions of generally applicable law shall apply, in particular the provisions of the Act. 

10. RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The Customer who is a Consumer has the right to withdraw from the Sales Agreement concluded with Vershold via the Online Store without giving any reason and without incurring any costs other than those provided for by law, within 14 (fourteen) days.
2. The time limit for withdrawing from the Sales Agreement referred to in paragraph 1 above begins:
1. for a Sales Agreement, in the performance of which Vershold releases the Product to the Customer, from the day on which the Customer took possession of the Product or from the date on which a third party indicated by the Customer, other than the carrier, took possession of the Product;
2. in the case of a Sales Agreement which:
   - includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part of Products,
   - consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products.
3. A Customer who is a Consumer may withdraw from the Sales Agreement by submitting a withdrawal statement to Vershold. The statement may be made on the form, the template of which constitutes Appendix 1 hereto (with the reservation that using this form shall not be obligatory and failure to use the form shall not have any influence on the effectiveness of the Sales Agreement withdrawal statement). In order to meet the time limit for withdrawal from the Sales Agreement, it is sufficient for the Customer who is a Consumer to send a clear statement of withdrawal from the Sales Agreement to Vershold - before the expiry of the time limit specified in item 1 in conjunction with item 2 above. The Consumer may send the Sales Agreement withdrawal statement by email to: info@vintagecuisine.fr. Additionally, if Vershold introduces, as part of the development of the Online Store functionalities, a possibility of submitting a Sales Agreement withdrawal statement by marking an adequate field (e.g. a relevant checkbox) in the “Orders” tab available in the Customer’s Account on the Online Store’s Website, the Customer who is a Consumer, shall be able to file such a statement in the manner described above (with the reservation that this manner of filing a Sales Agreement withdrawal statement shall be available only to Customers with a registered Account in the Online Store). 
4. If the Customer who is a Consumer withdraws from a remote Sales Agreement concluded via the Online Store, the Sales Agreement shall be deemed not concluded.
5. If the Customer who is a Consumer uses their right to withdraw from the Sales Agreement, Vershold shall without delay and no later than within 14 days from the reception of the Sales Agreement withdrawal statement, reimburse all payments made by the Customer, including Product delivery costs. Vershold may withhold the reimbursement of the payments to the Customer until it receives the returned Product or a proof that the Product has been sent back, whichever of the two occurs first.
6. Vershold shall make a refund to the Customer who is a Consumer and who has withdrawn from the Sales Agreement using the same payment methods that have been used by the Customer when purchasing the Product in the Online Store, unless the Customer has expressly agreed to a different method od reimbursement which does not involve any costs on their part. In every such case, the Customer shall not be charged in relation to such refund.
7. The Customer who is a Consumer and who has withdrawn from the Sales Agreement shall be obliged to return the Product in its unaltered state to Vershold or transfer it to a person authorised by Vershold to collect it without delay and no later than 14 days from the day of the withdrawal from the Sales Agreement. In order to meet the time limit, it shall be sufficient to send the Product(s) back before it expires. The Customer shall send the Products back to the following address:  Fulfilio Sp. Z o. o. Łubińska 10, 05-532 Łubna. 
8. The Customer who is a Consumer and who returns the Product to Vershold as a result of withdrawal from the Sales Agreement shall bear the direct costs of returning the Product to Vershold, particularly the costs of sending the Product back via mail as determined in the price list of the postal operator. As part of a Special Offer or other marketing campaign, Vershold may offer the Customer who is a Consumer and has withdrawn from the Sales Agreement that it will collect the returned Products from the Customer.
9. The Customer who is a Consumer and who has withdrawn from the Sales Agreement and returned the Product to Vershold shall be liable for any decrease in the Product’s value resulting from its use in a way exceeding the scope necessary for the determination of the character, properties and functioning of the Product. 
10. At the moment of withdrawal from the Sales Agreement by the Customer who is a Consumer, additional related agreements concluded by such a Customer (if any) shall expire if the performance under them is provided by Vershold or a third party under agreement with Vershold. The Customer who is a Consumer shall not bear any costs related to the expiry of these agreements.
11. The right to withdraw from a distance contract is not granted to the Customer who is a Consumer in relation to the following agreements:
1. a services agreement, if Vershold has fully performed the service with the express consent of the Customer who is a Consumer, who was informed prior to the commencement of the service that after the performance of the service by Vershold, it shall lose the right to withdraw from the agreement; 
2. in which the price or remuneration depends on fluctuations in the financial market over which Vershold has no control and which may occur before the deadline to withdraw from the agreement; 
3. in which the subject of the service is a non-prefabricated Product, manufactured according to the specifications of the Customer who is a Consumer or serving to satisfy his/her individual needs; 
4. in which the subject of the service is a Product that deteriorates quickly or expires rapidly; 
5. in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; 
6. in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other items;
7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market, over which Vershold has no control;
8. in which the Customer who is a Consumer expressly demanded that Vershold or its representative visit to him/her for urgent repair or maintenance; if Vershold provides additional services other than those the performance of which the Customer who is a Consumer demanded, or delivers Products other than spare parts necessary for repair or maintenance, the Customer has the right to withdraw from the agreement with regard to additional services or Products; 
9. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
10. an agreement for the delivery of newspapers, periodicals or magazines, except for subscription contracts; 
11. concluded through a public auction; 
12. a services agreement in terms 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 agreement indicates the day or period of service provision; 
13. an agreement for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Customer who is a Consumer before the deadline to withdraw from the agreement and after being informed by Vershold about the loss of the right to withdraw from the agreement.

12. The provisions of this Chapter “10. Right to withdraw from the Agreement” shall also apply to Entrepreneurs with the rights of a consumer.

11. LICENSE

1. Vershold shall have the right to the Content that has been shared or published by Vershold, or on its request/order within the Online Store or the Website (depending on the factual circumstances and the type of the Content: as the entity that has created relevant works within the meaning of the Act on copyright and related rights which constitute the Content, or who has acquired such rights to the Content under the law or on the basis of a legal act, or who has obtained the right to use or dispose of the Content under appropriate license agreements or other agreements for the use of such works that are part of the Content); in particular, Vershold has the proprietary copyrights to the graphic layout of the Website and the Online Store, photographs, trademarks, logotypes, and also has the right to the name of the Online Store (trademark), as well as its graphic elements, software and rights in the scope of databases. All such rights to the Content owned by Vershold are protected by law. The provisions of the preceding sentences also apply to the Content to which all rights, including the rights mentioned in the preceding sentences, are vested to the entities with whom Vershold has concluded appropriate agreements on the basis of which it may use or dispose of such Content. 
2. The Customer using the Online Store is entitled to use the Content for free, as well as to use the Content posted in accordance with the law and already disseminated by other Customers as part of the Online Store, but only for personal use and only for the purpose of proper use of the Online Store, throughout the world, but without the right to any commercial use. The Customer shall be entitled to use such Content in a different scope only on the basis of express, prior and written consent, under pain of nullity, granted by the authorized entity.
3. From the moment when Vershold, as part of the development of the functionality of the Online Store, allows Customers to post on the Website, including in the Online Store, the Content from Customers (including in particular opinions, comments, etc.), the Customer – at the time of posting such Content, in particular graphics, comments, opinions or statements on the Account or elsewhere on the Website or in the Online Store – hereby grants Vershold a non-exclusive, free license to use, save in the computer memory, change, delete, supplement, public performance, public display, reproduction and disseminating (in particular on the Internet) such Content by any acceptable technique, throughout  the world. On the basis of the right obtained from the Customer, in accordance with the preceding sentences, to use or dispose of the Content introduced by the Customers, Vershold is also entitled to further license (sub-license) to the extent justified by the performance of the Sales Agreement or the agreement on the basis of which it provides Electronic Services, as well as from that moment, Vershold is entitled to exercise, independently or with the participation of any third parties, derivative copyrights in the scope of elaboration, adaptation, modification and translation of the Content, including the right to use and/or dispose of such elaborations, adaptations, modifications and translations of such Content, as well as the right to authorize the exercise of derivative copyrights in this regard. To the extent that the Customer is not entitled to grant Vershold a license to use the Content within the scope specified in this paragraph, the Customer undertakes to obtain such appropriate licenses for Vershold.

1. The Customer's personal data is processed by Vershold as the Data Controller on the basis of the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

2. All information regarding personal data can be found in the Privacy Policy, where Vershold has described in detail the rules regarding the protection of personal data and cookies.
3. Vershold hereby informs that there are the following specific risks related to the use of Electronic Services provided by Vershold as part of the Online Store:

1. software piracy,
2. receiving unsolicited commercial communication by electronic means (spam),
3. malware, in particular a virus, worm, trojan, spyware, wabbit, keylogger, rootkit,
4. cracking,
5. sniffing,
6. data decryption (cryptanalysis),
7. hacker activities.

4. In order to avoid the above risks related to the use of Electronic Services, the Customer should provide his/her device that connects to the Internet (including a desktop computer, laptop, tablet, smartphone) with an up-to-date antivirus program and a firewall. In addition, the Customer should provide his/her e-mail with an e-mail scanning programs and check the imported data before opening (activating) it using the antivirus file scanning module.

1. The Customer who is a Consumer may use out-of-court complaint and redress procedures. 
2. Detailed information on the possibility for the Customer 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 on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer right protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
   

1. http://www.uokik.gov.pl/spory_konsumenckie.php 

2. http://www.uokik.gov.pl/sprawy_indywidualne.php

3. http://www.uokik.gov.pl/wazne_adresy.php.

3. The Customer who is a Consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:
1. The Customer is entitled to apply to a permanent amicable consumer court, referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2017, item 1063, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. 
2. The Customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2017, item 1063, as amended), with a request to bring closer the positions of the parties in order to resolve the dispute by its parties or to present the parties with a proposal to resolve the dispute.
3. The Customer may submit a complaint via the ODR online platform: The ODR platform (Online Dispute Resolution is an indication of one of the options of ADR - Alternative Dispute Resolution) is also a source of information on the forms of out-of-court dispute resolution that may arise between entrepreneurs and Consumers. In accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, below we provide an electronic link to the ODR platform: http://ec.europa.eu/consumers/odr/
4. The rules for conducting proceedings regarding out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are specified in the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes, Journal of Laws of 2016, item 1823) and other separate provisions of generally applicable law (including provisions regulating the principles of functioning of entities competent in the field of consumer dispute resolution). Detailed information on the possibility for the Customer who is a Consumer to use out-of-court complaint and redress procedures and rules of access to these procedures, including the principles of free dispute resolution assistance, may be available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer right protection, Provincial Inspectorates of the Trade Inspection in particular also at the following internet 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 authorized to conduct proceedings regarding out-of-court resolution of consumer disputes.
5. The use of out-of-court complaint and redress procedures is voluntary for Vershold and the Customer who is a Consumer. This information does not constitute an obligation of Vershold to use out-of-court dispute resolution. Vershold's statement of consent or refusal to participate in the out-of-court resolution of consumer disputes is submitted by Vershold on paper or another durable medium if the dispute has not been resolved as a result of the complaint submitted by the Customer who is a Consumer.

14. TERMINATION OF THE ELECTRONIC SERVICES AGREE

1. Vershold may at any time terminate the agreement regarding the provision of Electronic Services or any license agreement granted on the basis of the Terms and Conditions with a notice period of one (1) month for the following important reasons:

1. amendment to the legal provisions governing the provision of electronic services by Vershold affecting the mutual rights and obligations specified in the electronic services agreement concluded between the Customer and Vershold in accordance with the Terms and Conditions or an amendment to the interpretation of the above legal provisions as a result of court judgments, decisions, recommendations or recommendations of competent offices or bodies in a given scope;
2. amendment to the manner of providing services caused e.g. by technical or technological reasons (in particular, update of the technical requirements indicated in these Terms and Conditions);
3. amendment to the scope or provision of services to which the provisions of the Terms and Conditions apply, by introducing new, modifying or withdrawing by Vershold the existing functionalities or services covered by the Terms and Conditions.

2. The statement of termination of the Electronic Services agreement is submitted by Vershold via the Customer's e-mail to the e-mail address provided by the Customer when registering the Account or placing an Order.
3. Vershold may terminate the Customer's agreement in the scope related to the provision of Electronic Services or any license agreement granted on the basis of the Terms and Conditions with a 7-day notice period and/or deny him/her further right to use the Online Store and to place Orders, and may limit his/her access to part or all of the Content, for important reasons, i.e. in the event of a gross violation by the Customer of these Terms and Conditions and not ceasing the violations or not removing the effects of such violation within an additional 3-day period set by Vershold via the Customer's e-mail to the e-mail address provided by the Customer when registering an Account or placing an Order.

15. AMENDMENTS TO THE TERMS AND CONDITIONS

1. Vershold may amend the Terms and Conditions (with the exception of point XVI of the Terms and Conditions, which applies to Customers who are not Consumers and may be changed at any time on the basis of generally applicable law) in the event of an important reason: 
1. amendment to the legal provisions governing the sale of Products or the provision of electronic services by Vershold affecting mutual rights and obligations specified in the agreement concluded between the Customer and Vershold or an amendment to the interpretation of the above legal provisions as a result of court judgments, decisions, recommendations or recommendations of competent offices or bodies in a given scope;
2. amendment to the manner of providing Electronic Services caused e.g. by technical or technological reasons (in particular, update of the technical requirements indicated in these Terms and Conditions);
3. amendment to the scope or provision of Electronic Services to which the provisions of the Terms and Conditions apply, by introducing new, modifying or withdrawing by Vershold the existing functionalities or services covered by the Terms and Conditions.
2. In the event of amendments to the Terms and Conditions, Vershold shall provide the consolidated text of the Terms and Conditions by publishing in the Online Store and by means of a message sent to the e-mail address provided by the Customer when registering the Account, which the Parties recognize as introducing information about the change to the means of electronic communication in such a way that the Customer can read its content.
3. The amendment to the Terms and Conditions comes into force after 7 days from the date of sending the information about the amendment. In the case of Customers who have a registered Account, they have the right to terminate the agreement relating to the provision of Electronic Services by Vershold within 7 days from the date of notification of the amendment to the Terms and Conditions.
4. The amendment to the Terms and Conditions shall not have any effect on the Sales Agreements concluded by the Customer and Vershold prior to the amendment of the Terms and Conditions.

1. Point 16 of the Terms and Conditions shall apply only to Customers who are not Consumers, subject to point 16.10 and 16.25 below.
2. Vershold delivers Products free of defects. The basis and extent of Vershold’s liability to the Customer who is not a Consumer - if the Product sold has a physical or legal defect (warranty) - are set out in the provisions of the Civil Code Act, in particular Art. 556 et seq. of the Civil Code. In particular, Vershold shall be liable to the Customer who is not a Consumer, if the Product (sold item) has a physical or legal defect. Pursuant to Art. 5561 of the CC, a physical defect is a non-conformity of the sold item (Product) with the Sales Agreement. 

3. Vershold shall be liable to the Customer who is not a consumer, if the item sold (Product) is owned by a third party or burdened with third party rights, or if the limitation concerning the use or disposal of a given item results from a decision or ruling of a competent body (legal defect).
4. Vershold is exempt from liability under the warranty if the Customer was aware of the Product’s defect at the moment of conclusion of the Sales Agreement or the reception of the Product. Vershold shall be liable under the warranty for physical defects of the Product, if such defects existed at the moment of transfer of risk to the Customer who is not a Consumer or resulted from a cause present in the Product at that moment.
5. The scope of the Customer’s rights in relation to Vershold’s liability under the warranty for defects of a Product shall be governed by the provisions of the Civil Code, and particularly Art. 560-562 and Art. 566 of the CC.  Specifically, if the Product sold has a defect, the Customer may:

1. These Terms and Conditions come into force on 21.02.2023.
   
2. Sales Agreements concluded by Vershold shall be concluded in French or in English, depending on the settings selected by the Customer. The recording, securing and sharing of important provisions of the Sales Agreement as well as their confirmation to the Customer shall take place via an email message containing a confirmation of the Sales Agreement concluded (and the Order placed) and by attaching a fiscal proof of purchase (a receipt or an invoice) to the parcel with the Product shipped to the Customer. The content of the Sales Agreement shall be additionally captured and secured in the IT system of the Online Store.
3. The Content of the Terms and Conditions is available to the Customers free of charge at the following address www.vintagecuisine.fr, from where the Customers can view and save the Terms and Conditions in the computer memory in PDF format, as well as print them out.
4. Vershold informs that using the Online Store, including placing an Order, as well as a telephone call to the CSO, may be associated with the necessity to incur costs of connecting to the Internet (data transmission fee) or telephone costs, in accordance with the tariff package of a service provider used by the Customer.
5. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the PES, the Act and other relevant provisions of generally applicable law.
6. The Sales Agreement is subject to the law in force in the Republic of Poland. The choice of Polish law on the basis of these Terms and Conditions does not deprive the Consumer of the protection granted to him/her on the basis of provisions that cannot be excluded by way of an agreement between Vershold and the Consumer, under the law which, according to the relevant regulations, would be appropriate in the absence of a choice.

Vershold Poland Sp. z o.o. with its registered office in Warsaw,

address: 02-092 Warsaw, ul. Żwirki i Wigury 16a

KRS number 0000629221, REGON 142114475

 
Contact details:

Customer Service Office

02-092 Warsaw, ul. Żwirki i Wigury 16a

The CSO works from Monday to Friday, from 9:00 a.m. to 5:00 p.m. at the following telephone numbers: +48 603 258 866, at the e-mail address: info@vintagecuisine.fr and using the contact form on the Online Store's Website or using the chat software on the Online Store website.

Call charge to the CSO according to the price list of the relevant operator;

Complaints address:

Fulfilio Sp. z o.o
adres: 05-532 Łubna, Łubińska 10

Address for submitting statements of withdrawal from the agreement and returning items:

Fulfilio Sp. z o.o
adres: 05-532 Łubna, Łubińska 10