terms and conditions of vintage freak internet store.

effective 01.01.2023.

§ 1.
Preliminary provisions

• The Vintage Freak Internet Store is owned by VF SHOP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP: 8961639227, REGON: 52856370500000, KRS: 0001103952, UL. JAGODOWA 3 , 55-002 DOBRZYKOWICE, WROCŁAWSKI County, CZERNICA Municipality, DOLNOŚLĄSKIE Voivodeship
• The customer can quickly and efficiently contact the Seller via email at: info@vintagefreak.eu. Mailing address: UL. Jagodowa 3, 55-002 DOBRZYKOWICE. 

§ 2.
Definitions

• Seller – the Owner of the Vintage Freak Online Store, referred to in §. 1 paragraph 1 of the Terms and Conditions;
• Customer – any natural person with full legal capacity, legal person or organizational unit without legal personality, to which the law grants legal capacity.
• Entrepreneur – a customer performing business activities within the meaning of the provisions of the Act of March 6, 2018. Entrepreneur Law (consolidated text of 12.07.2019, Journal of Laws 2019. item 1292).
• Consumer – a customer who is a natural person making a legal transaction with the Seller that is not directly related to his/her business or professional activity, as well as a natural person entering into a contract directly related to his/her business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
• Store – Vintage Freak online store available at the following web address: vintagefreak.eu
• Regulations – These Regulations for the provision of electronic services,
• Working days – weekdays from Monday to Friday, excluding public holidays,
• “My Account” – A place available to the Service Recipient after entering an e-mail address and password, allowing, among other things, to track the status of an order, view order history, change personal information, order or unsubscribe to the Newsletter.
• RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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)
• Digital content – data produced and delivered in digital form, which can be, for example, computer programs, applications, music and audiovisual files, e-books.

§ 3.
Types and scope of services provided electronically

• Services provided electronically under these Regulations consist of enabling the use of the Vintage Freak Online Store for the purpose of concluding a sales contract and its performance.
• The contract for the provision of electronic services is concluded for an indefinite period of time.
• Orders, in the manner specified in §. 6., can be placed after registration or without registration. If you make purchases without prior registration, no “My Account” is created.
• A customer who has registered can place an order after logging in to “My Account” by providing an e-mail address and password.
• Orders are carried out on the territory of Poland. There is also the possibility of shipping abroad. In this case, the conditions of sale and shipment of goods abroad are each time agreed individually with the customer.
• The Owner also provides the Newletter service. The contract for electronic provision of the “Newsletter” service is concluded for an indefinite period of time when the Customer signs up for the “Newsletter” service using the functionality available on the Online Store website, and is terminated upon termination of the contract by the Customer in accordance with the rules set forth in the Regulations or upon unsubscribing from the subscription list using the hyperlink (link) included in the Newsletter messages.
• In order to use the services provided under these Regulations, the Customer should have:
  • Web browser: Internet Explorer version no older than 7.0 or Mozilla FireFox version no older than 3.0 or Chrome (all versions) or Opera version no older than 2.0,
  • Java Script enabled,
  • Active e-mail address.

§ 4.
Registration, terms of conclusion and termination of contracts for the provision of services by electronic means, personal data

• Registration is voluntary. After registration, an individual “My Account” is created for the Service Recipient.
• The customer can also make purchases in the Store without registration, however, in this case he/she gives up the creation of “My Account” and the functionalities assigned to it.
• The customer, in order to register, should fill out the registration form. To register, it is necessary to provide: an active e-mail address and set a password.
• During the registration process, it is also possible to provide shipping data. If the form is filled out by a Consumer, these are:
  • name,
  • address of residence (street, building number, apartment number, postal code, city, province, country),
  • phone number.
• In addition, in the situation of frequent absence of the Consumer from his residence, it is optional to provide an additional shipping address (which is, for example, a work address, accompanied by an indication of working hours).
• If the registration form is filled out by the Entrepreneur for the shipment of the purchased goods must be provided:
  • the company,
  • Tax Identification Number (TIN),
  • address of the registered office (street, building number, premises number, postal code, city, province, country),
  • Name of contact person,
  • phone number.
• The customer may terminate the contract for the provision of electronic services at any time.
• The Owner may terminate the contract for the provision of electronic services if the Customer has not been active in the Store, in particular, has not placed an order or logged into “My Account” within 2 years from the last activity.
• Termination of the contract by either party, as well as its termination by mutual consent, is tantamount to blocking the Service Recipient’s access to “My Account” and its deletion.
• The owner may terminate the contract for the provision of electronic services if:
  • the purpose of registration or the use of services is obviously contrary to the principles and purpose of the Store,
  • the activity of the Customer is contrary to the applicable moral norms, incites to violence or committing a crime, and if it violates the rights of third parties,
  • has received official notification of the unlawful nature of the data provided or related activities,
  • has obtained credible knowledge of the unlawful nature of the data provided or related activity and has previously notified the Service Recipient of its intention to prevent access to the “My Account” service,
  • The customer is allowed to send unsolicited commercial information,
  • The customer grossly or persistently violates the provisions of the Regulations,
  • address data provided by the Customer raises objectively reasonable doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone contact or e-mail.
• By objectively reasonable doubt, referred to in paragraph 10 letter g. should be understood as, in particular, providing a non-existent locality, providing the name of a non-existent street in a given locality, providing fictional data (e.g., fairy tale characters) as the name of the recipient.
• A statement of termination of the contract for provision of services by electronic means submitted by the Service Provider will be sent to the e-mail address provided in the “My Account” service. Termination of the agreement for provision of services by electronic means will result in permanent deletion of “My Account”. A statement of termination of the agreement for electronic provision of services submitted by the Customer may be submitted by sending its content to the e-mail address provided for contact in a separate tab of the Store’s website or by deleting “My Account”.
• Termination or termination by mutual consent of the contract for the provision of electronic services shall not affect the performance of already concluded sales contracts, unless the parties agree otherwise.
• The notice period for termination of the contract in the cases indicated in paragraphs 8 and 10 is 14 days.

§ 5.
Prices and availability of products

• Prices on the website of the Vintage Freak Online Store posted on the product card:
  • include margin VAT;
  • do not include shipping costs or any customs fees;
  • For domestic orders are given in Polish zlotys, for foreign orders in euros.
• Information on the total value of the order is presented to the customer after the customer selects the form of payment and form of delivery of the order.
• Online store Vintage Freak reserves the right to make changes to the prices of goods on offer on an ongoing basis and to announce and cancel all kinds of promotional actions and sales. However, the changes introduced will not apply respectively to customers with whom the sales contract has been concluded or who have started participating in the promotional action and sales.
• Indications of availability of products of the Vintage Freak Online Store:
  • In stock (green marker) – for products in the store’s shipping warehouse,
• The seller applies fixed and periodic as well as incidental price discounts. 
• If a discount is applied, the Seller shall provide, next to the information about the discounted price, information about the lowest price of the product that was in effect during the 30 days before the discount. If the product has been on sale for less than 30 days, the Seller shall provide information about the lowest price that has been in effect since the product went on sale.
• Except for the cases of discount actions indicated above, the Seller does not use automatic profiling of customers and does not change the prices of offered products automatically based on customer data.

§ 6.
Placing an order, conclusion of a sales contract

• Placing orders on the Vintage Freak Online Store is possible 24 (twenty-four) hours a day via the website: vintagefreak.eu. The customer places an order by indicating the product he/she wishes to purchase, using the “Add to Cart” option, and then, during the further steps in the ordering process, indicates the method of delivery and selects the form of payment.
• Information about the goods, including the price, presented on the pages of the Store does not constitute an offer within the meaning of Article 66 § 1 or 543 of the Act of April 23, 1964 Civil Code (consolidated text of 8.10.2020, Journal of Laws. 2020 item 1740; hereinafter: the Civil Code). Information about goods along with the price presented on the pages of the Store is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
• The conclusion of the contract of sale is reached by placing an order (offer) by the Customer and its acceptance by the Seller. Placing an order is done by clicking the button: “I order and pay”. In response to the placed order, the Seller sends an e-mail to the e-mail address provided by the Customer for the purpose:
  • accept the order (offer) – in this case, the sales contract is concluded on the date of the statement,
  • refusal to accept the order (offer) – in this case, the contract is not concluded,
  • proposals for changes in the content of the order, the so-called counteroffer – in this case, the Customer’s acceptance of the counteroffer is necessary to conclude the contract.
• The Customer’s offer is binding for a period of 3 business days, after which time it expires. The Seller’s counter-offer referred to in paragraph 3(c) above is binding within the same period. Failure to respond to the offer or counter-offer within the period of its validity means that the sales contract is not concluded.
• In the order (bid), the customer indicates:
  • the ordered good(s),
  • contact information that will enable confirmation of the order and shipment of the ordered goods (name, shipping address, e-mail address and telephone number),
  • method of delivery,
  • form of payment.
• Each customer using the “My Account” service in the Vintage Freak Online Store has access to the order card, where he can track his order status in real time.

§ 7.
Modification and cancellation of the order

• After placing an order, and even after the conclusion of the sales contract, provided that it has not been completed, the customer may request a modification by contacting the relevant department of the Vintage Freak Online Store via e-mail. The modification of the order or sales contract must be confirmed by an employee of the Store. Confirmation of the modification will be sent to the Customer by e-mail; at the same time, the modification will be visible in the “order card” in the “My Account” service (if the Customer has an account in the Vintage Freak Online Store).
• Changes may include: cancelling part of an order, replacing selected products within an order with other products or adding more products to an order, changing the delivery method or address of an order, or changing invoice details.
• After placing an order, the Customer may cancel it. After the conclusion of the contract of sale and before the delivery of the goods, the Customer may cancel the contract until the shipment is sent by the Seller. To cancel the order or withdraw from the contract of sale, the Customer should contact the relevant department of the Vintage Freak Online Store by phone or e-mail. Confirmation of order cancellation or withdrawal from the contract of sale will be sent to the Customer by e-mail; at the same time, the change will be visible in the “order card” in the “My Account” service (if the Customer has an account in the Vintage Freak Online Store).
• The provision of paragraph 3 does not limit or exclude the rights of the Consumer to withdraw from the contract of sale concluded remotely specified in the provisions of the Act of May 30, 2014 on Consumer Rights (consolidated text of 21.02.2020, Journal of Laws 2020, item 287).
• In the event of cancellation of the order or withdrawal from the contract, if the payment for the goods was made in advance, the refund shall be made within 5 (five) days from the date of receipt of the statement of cancellation of the order or withdrawal from the sales contract, respectively, shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for him.

§ 8.
Delivery and payment methods

• Vintage Freak online store offers the following forms of delivery/pick-up of ordered products for domestic orders:
  • Personal collection at Vintage Freak stationary store (location to be agreed by email)
  • Polish Post Office Registered Letter,
  • Courier Delivery,
  • Cheap Courier Shipping.
  • Parcel Machines
• Shipments via courier service and parcel machines are carried out by the Store on all working days, and via the Polish Post Office 3 times a week: on Mondays, Wednesdays and Fridays.
• The cost of delivery is calculated and displayed by the system in the second step of the ordering process (“Selection of delivery method”).
• When placing an order in which the total value of the products exceeds the amount of 199 PLN or in which there is at least one product marked “FREE DELIVERY”, the Customer is entitled to choose the option “Free courier delivery” or “Free parcel machine delivery” (the last option only for orders in which all products are intended for Parcel Machine shipping). Selecting one of these options means that the shipment will be delivered by courier or Parcel Machine service, respectively, at the expense of Vintage Freak Online Store. Free shipping does not include products from the “Demo” section and products in the “Last Minute” promotion.
• 5. Vintage Freako Online Store offers the following forms of payment for ordered products for domestic orders:
  • Cash on Delivery – payment should be made to the person delivering the goods,
  • Transfer (prepayment to the store’s bank account) – payment should be made within 5 days from the date of the contract,
  • PayPal system (involves an additional fee depending on the parameters of the order) – payment should be made within 5 days from the date of the contract,
  • Tpay system (involves an additional fee depending on the parameters of the order) – payment should be made within 5 days from the date of the agreement,
  • Santander Consumer Bank S.A. installments. (eRaty) – payment should be made within 5 days of the agreement.
  • Credit Agricole Bank Polska S.A. installments. – payment should be made within 5 days from the date of the agreement.
  • Leasing LeaseLink Ltd.
• The method of delivery and payment for foreign orders is determined individually. In order to make the appropriate arrangements, the customer should contact an employee of Vintage Freak Online Store via e-mail.
• Vintage Freak online store carries out orders with delivery outside the European Union.
• If, as part of an economically unified transaction with a value exceeding PLN 15,000, the Customer purchases as a VAT taxpayer at least one of the goods in items 59 – 66 of Appendix No. 15 to the Law on Value Added Tax of March 11, 2004 (consolidated text of 21.01.2020, Journal of Laws 2020, item 106), i.e. in particular:
  • 64 26.40.20.0 Television receivers, whether or not incorporating radio receivers or sound or video recording or reproducing apparatus,
  • 95 ex 58.29.29.0 Other application software packages – SSDs only,
• then such a transaction will be subject to special settlement in the area of value added tax (the so-called split payment mechanism). In such a case, the customer will be notified by the system or an employee of the Vintage Freak Online Store about the rules of settlement of the transaction and further steps. The above regulations apply to purchases made after October 31, 2019.

§ 9.
Order execution and delivery

• The time limit for processing the order, i.e. shipping the ordered products, is indicated each time during the conclusion of the sales contract. Usually the lead time is up to 3 days (often the order is processed on the same day it is placed).
• Vintage Freak Online Store shall not be liable for non-delivery of goods or delay in delivery of ordered goods resulting solely from the Customer providing an incorrect or inaccurate delivery address.
• If the warehouse runs out of at least one of the products included in the Customer’s order, or if it is not possible to order them from suppliers within the time provided for the execution of the order, Vintage Freak Online Store will contact the Customer with a request to decide how to proceed with the order, taking into account the provisions of §. 8.
• Vintage Freak online store may withdraw from the contract of sale when the product covered by the customer’s order is not available and will not be available within more than 30 days from the date of conclusion of the contract.
• Online Shop Vintage Freak informs that in the case of marking an incorrect price of a product, deviating significantly from its market value, Online Shop Vintage Freak is entitled to make a statement to the customer informing him of the cancellation of the legal effects of the declaration of intent made under the influence of error which means cancellation of the order in the part concerning the product marked with the incorrect price.
• The goods shipped are brand new, unpacked before shipment only to check the technical condition and avoid errors in the processing of the order. Vintage Freak online store does not send goods from display (such goods are occasionally displayed as post-exhibition in the DEMO section).
• The customer receiving the shipment should unpack it and check for mechanical damage during transport. If such damage is found, the damage protocol should be written down immediately with the courier or letter carrier and the Store employee should be notified of the fact.
• As part of each completed transaction, Vintage Freak Online Store sends the customer a proof of purchase in the form of an electronic invoice. A customer who would like to receive a proof of purchase in the form of a paper invoice should add an appropriate comment when placing an order.
• In the event of refusal or inability to deliver the shipment for reasons attributable to the Customer, Vintage Freak Online Store has the right to charge the Customer for the costs incurred in connection with such a situation (e.g., the cost of returning the shipment to the Store or re-shipping it to the Customer).
• In the event that the Vintage Freak Online Store covers the Customer for the damage incurred during the carriage of the product, the claims of the Customer against the carrier, to the extent that they were covered by the Store, shall be transferred to the Vintage Freak Online Store. The transfer of claims to the Vintage Freak Online Store does not require a separate assignment agreement.

§ 10.
Withdrawal from the sales contract

• In accordance with the Law of May 30, 2014 on Consumer Rights (consolidated text of 21.02.2020, Journal of Laws 2020, item 287), the Customer who is a Consumer has the right to withdraw from the contract of sale without giving reasons, within 14 calendar days from the date of delivery of the goods. To meet the deadline it is sufficient to send the statement before the deadline.
• Withdrawal is carried out by submitting a statement of withdrawal from the contract, in particular using a form and sent through any channel of remote communication, including but not limited to:
  • by email, to: info@vintagefreak.eu…,
  • in writing, to the address UL. BERRY 3 , 55-002 DOBRZYKOWICE.
• The Seller shall immediately send the Consumer a confirmation of receipt of the statement of intent to withdraw from the sales contract, to the e-mail address indicated by the Consumer.
• The consumer has the right to withdraw from the contract without cost, except:
  • additional costs incurred by the Consumer in connection with the choice of a method of delivery other than the cheapest ordinary means of delivery offered by the Seller, and
  • The direct costs of returning the goods (the cost of shipping the goods),
  • the cost of returning the items if, due to their nature, the items cannot be returned by mail in the usual manner.
• (5) The consumer has the right to withdraw from the contract without cost, except for contracts:
  • for the provision of services for which the consumer is obliged to pay the price, if the trader has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance of the trader will lose the right to withdraw from the contract, and accepted it;
  • in which the object of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs;
  • in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
  • in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other things;
  • in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or supplies goods other than the spare parts necessary for repair or maintenance, the consumer has the right of withdrawal with respect to the additional services or goods;
  • in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
  • concluded through a public auction;
  • for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance of the trader will lose the right to withdraw from the contract, and has accepted this, and the trader has provided the consumer with a confirmation;
  • statement of services for which the consumer is obliged to pay the price, where the consumer expressly requested the entrepreneur to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
• If the Consumer exercises the right to withdraw from the contract, the Consumer is obliged to return the goods to the Seller immediately, i.e. no later than within a period of no more than 14 (fourteen) days to the address of the Shop. The Consumer may also return the goods by handing them over to a person authorized by the Seller for collection, while observing the aforementioned deadlines. To meet the deadline it is sufficient to send the item back before its expiration.
• The consumer shall bear the direct costs of returning the goods (shipping costs) with a view to choosing such a way that the goods reach the Seller in an undamaged condition.
• The consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item. In view of the above, the Seller informs that, inter alia, in the case of return of goods bearing traces of use beyond the necessary to ascertain the nature, characteristics and functioning of the thing is entitled to deduct from the amount returned to the Consumer the difference between the value of the goods sold and the returned goods. The preceding sentence shall apply mutatis mutandis to the situation of returning damaged packaging of the goods, if it has been damaged beyond what is necessary to ascertain the nature, characteristics and functioning of the goods.
• The Seller shall, no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the costs of delivering the item, subject to paragraph 5. The Seller shall return the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer.
• If the Seller has not offered to collect the item from the Consumer himself, he may withhold the refund of the payment received from the Consumer until he receives the item back or the Consumer provides proof of its return, whichever event occurs first.
• The obligation to deliver the equipment to the Store rests with the Consumer. The equipment must be delivered to the indicated address. 
• The provisions on the consumer contained in §11. shall apply to an individual who concludes a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§ 11.
Warranty for product defects
(for sales contracts concluded before January 1, 2023).

• Pursuant to Article 556 of the Civil Code of April 23, 1964, the Seller is liable to the Customer if the product sold has a physical or legal defect. The Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of the conclusion of the contract.
• Delivery of the product under the exercise of rights under the warranty for defects shall be at the expense of the Seller.
• The Seller is liable under the warranty if the defect is discovered before the expiration of two years from the date of release of the product to the Customer. In the case of a used product, the Seller’s liability for product defects is limited to one year from the date of release of the product to the Customer.
• Notification of product defects can be submitted by e-mail at: info@vintagefreak.eu, by phone at: +48 (42) 632 49 14, by mail at: Vintage Freak Shop , UL. JAGODOWA 3 , 55-002 DOBRZYKOWICE
• If the sold thing has a defect, the Customer may make a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective thing with a defect-free one or removes the defect. This restriction does not apply if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
• The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
• The customer may not withdraw from the contract if the defect is insignificant
• The Seller shall respond to the Customer’s application within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is equivalent to its acceptance.

§ 12.
Liability for the conformity of the product with the contract
(for sales contracts concluded as of January 1, 2023)

• In accordance with Article 43a et seq. of the Law of May 30, 2014 on Consumer Rights, the Seller shall be responsible to the Customer who is a consumer for the conformity of the product to the sales contract. The provisions on the consumer in this chapter shall apply to an individual who enters into a contract directly related to his business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
• The Seller shall not be liable for the lack of conformity of the Product with the contract to the extent referred to in Article 43a Paragraph 2 or 3 of the Law of May 30, 2014 on Consumer Rights, if the consumer, at the latest at the time of the conclusion of the contract, was clearly informed that a specific feature of the Product deviates from the requirements for conformity with the contract set forth in Article 43a Paragraph 2 or 3 of the Law, and clearly and separately accepted the lack of a specific feature of the Product.
• Delivery of the product in exercise of the rights set forth in this paragraph shall be at the expense of the Seller.
• The Seller shall be liable for the product’s non-conformity with the contract existing at the time of delivery and disclosed within two years from that time, unless the product’s shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. The product’s lack of conformity with the contract, which is revealed before the expiration of two years from the time of 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 specifics of the product or the nature of the product’s lack of conformity with the contract.
• A report of non-conformity of the product with the contract can be submitted by e-mail at: info@vintagefreak.eu . 
• If the product is not in conformity with the contract, the consumer may demand repair or replacement. The Seller may make a replacement when the consumer demands a repair, or the Seller may make a repair when the consumer demands a replacement, if bringing the product into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into conformity with the contract.
• If the product is not in conformity with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
  • The seller refused to bring the product into conformity with the contract;
  • The seller failed to bring the product into conformity with the contract;
  • the lack of conformity of the product with the contract continues, even though the Seller has tried to bring the product into conformity with the contract;
  • the lack of conformity of the product with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first taking the opportunity to repair or replace it;
  • it is clear from the Seller’s statement or circumstances that he will not bring the product into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
• The customer may not withdraw from the contract if the product’s non-conformity with the contract is insignificant.
• The seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from the date of receipt of the consumer’s statement on price reduction.
• In the event of withdrawal from the contract, the consumer shall immediately return the product to the Seller at his expense. The Seller shall return the price to the consumer immediately, no later than within 14 days of receipt of the product or proof of its return. The Seller shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
• The Seller shall respond to the Customer’s application within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is equivalent to its acceptance.
• The seller covers the costs of collection, delivery, removal of defects or replacement of the product with a new one.

§ 13.
Warranty conditions

• Goods sold by Vintage Freak Online Store may be covered by a warranty provided by the manufacturer of the goods or the distributor. Vintage Freak Online Store does not provide any warranty on any goods sold.
• In the case of goods for which the manufacturer or distributor has provided a warranty, the Customer may complain about irregularities of the delivered goods using the rights under the warranty provided. In this case, the Customer shall advertise the equipment directly to the guarantor (the entity providing the warranty). Online store Vintage Freak can only be an intermediary forwarding the complaint.
• Purchased in the Online Shop Vintage Freak instruments and equipment during the first 12 (twelve) months of the warranty (period counted from the date of purchase) are covered in the territory of Poland by the service of “door to door” warranty, that is, all costs associated with the shipping of the purchased equipment to the service and its return shall be borne by the Online Shop Vintage Freak . Vintage Freak Online Store must be notified of the need for repair, which will result in a courier being sent to the customer. Shipments sent by a forwarding service other than that indicated by the Vintage Freak Online Store will not be accepted, and will be charged to the store financially. As a condition of the door to door shipping service, the product must be properly secured and packed by the Customer before being handed over to the courier.

§ 14.
Provisions concerning entrepreneurs

• The provisions of this paragraph apply only to Customers who are not consumers in accordance with Article 221 of the Civil Code.
• The provisions of this paragraph do not apply to contracts of sale if the buyer is a natural person who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
• The Seller reserves the right to withdraw from the sales contract at any time as long as the product has not been released to the Customer, a third party acting on behalf of the Customer or the carrier making the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to any claims on the part of the Customer against the Seller.
• The Seller reserves the right to limit the payment methods available on the Online Store. The Seller reserves the right to require prepayment of all or part of the order value, regardless of the payment method selected by the Customer.
• Pursuant to Article 558 of the Civil Code, if the product is sold to a non-consumer customer, the Seller’s liability under warranty is excluded.
• Pursuant to Article 548 §1 of the Civil Code, as soon as the Seller releases the product to the Customer, to a third party designated by the Customer or to the carrier, the benefits and burdens of the product and the danger of accidental loss or damage to the product are transferred to the Customer.
• The Seller’s liability to the Customer shall be limited only to the actual damages incurred by the Customer in connection with the improper performance of the contract by the Seller, with the Seller bearing liability in an amount not greater than the value of the order placed by the Customer.

§ 15.
Intellectual property

• Any content posted on the Online Store (including graphics, text, page layout and logos), and not originating from the Customer or other suppliers, enjoy the protection provided for copyright and are the exclusive property of the Seller. Use of such content without the written consent of the Seller shall result in civil and criminal liability.
• The Customer is obliged to use any content posted within the Online Store only for his own personal use. Use of the content for other purposes is permitted only if so indicated explicitly by the Seller.
• The use of the Online Store, including the use of text materials, graphics, photos, applications, databases or other content, does not imply the acquisition of any rights by the Customer with respect to the indicated content, and in particular does not imply the acquisition of property rights, related rights or licenses.
• It is forbidden to take the following actions without the express consent of the Seller:
  • Copying, modifying and transmitting electronically or otherwise the Online Store or parts of it, as well as individual content made available through it,
  • Distribution of content published on the Online Store in any way,
  • downloading the contents of databases and reusing them in whole or in part.

§ 16.
Rules for posting product reviews and ratings

• A customer with an active customer account in the Online Store (registered customer) has the ability to post reviews and product ratings.
• The customer creates an opinion and makes an evaluation through a form, which is available on the product card in the Online Store.
• The opinion and evaluation posted by the Customer must be related to the product and represent the Customer’s personal, subjective feelings about it. The opinion or evaluation is not used to express comments directed to the Seller on the services provided by the Seller, but only to subjectively reflect the impression of the purchased product.
• Opinions and ratings are collected and processed by the Seller, in particular, for the following purposes: to improve the attractiveness of the offer; to collect information about the products and the Customer’s experience with them; to improve the range of products and services offered; and to enable other Customers to learn about the opinions and ratings.
• The customer, after adding an opinion, does not have the independent ability to modify or delete it.
• The seller, in order to ensure the reliability of opinions, reserves the right to discretion in the publication of opinions on the website of the online store, including the right to discontinue publication or remove already published reviews and ratings in case their reliability raises concerns.
• The customer posts an opinion solely at his own risk, at the same time confirming that he is its sole author, and thus assumes the claims of third parties for infringement of their rights in connection with the posting of the opinion.
• It is forbidden to place opinions, the content of which violates the copyright and/or related rights of third parties; is unlawful in nature; contains advertising, marketing information or information on activities competitive to the Seller.
• The Client, upon issuing an opinion, grants the Seller a non-exclusive license to use the content of the opinion (in part or in whole) through recording, multiplication and dissemination via websites in a manner that allows the content to be displayed on electronic devices using the Internet at any place and time, regardless of the number and form of access or through information carriers, in particular of an advertising nature, for the promotion and marketing of products and the Online Store.
• The license is granted by the Customer without limitation of time, territory and number and without compensation to the Customer and other entities entitled to the content. The license expires upon removal of the opinion from the resources of the Online Store.

§ 17.
Final Provisions

• In matters not regulated in the Regulations, the provisions of Polish law shall apply, especially the Civil Code and the provisions of the Act of May 30, 2014 on Consumer Rights (consolidated text of 21.02.2020, Journal of Laws 2020, item 287).
• The court with jurisdiction over the dispute will be the court with jurisdiction over the registered office of the Seller. The preceding sentence does not apply to disputes to which the Consumer is a party. The Customer may also use out-of-court ways to resolve complaints (mediation, arbitration) and assert claims. Notwithstanding the above, a Customer who is a Consumer may seek assistance from the municipal (district) consumer ombudsman. All necessary information in this regard can be obtained from the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.
• All names of goods offered for sale by the Vintage Freak Online Shop are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law (consolidated text of 21.02.2020, Journal of Laws 2020, item 286).
• Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a one-stop-shop website for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.
• The seller displays product reviews. Product reviews come only from registered Customers – the Customer has the opportunity to post a review as to each product. The Seller does not publish or removes inadequate reviews – in particular, those placed in error or otherwise violating the Terms and Conditions or generally applicable laws. The Seller marks reviews on products that the customer has purchased online at the Vintage Freak Online Store
   such opinions are marked with the term “Confirmed online purchase”. Opinions are not otherwise verified.
• The Seller reserves the right to amend these Terms and Conditions. The Seller will notify the change of the Terms and Conditions on the website of the Online Store at least 14 calendar days before the changes in the Terms and Conditions become effective. The change in the provisions of the Terms and Conditions does not apply to Customers who placed an order during the validity of the previous version of the Terms and Conditions. An amendment to the Terms and Conditions during a continuous contractual relationship is binding on the other party, if the requirements specified in Article 384 of the Civil Code have been observed, and the party has not terminated the contract within the notice period of 14 calendar days.