REGULATIONS OF THE ONLINE SHOP WWW/IVOLTA.PL RUN BY VOLTA SP. Z O. O.
These regulations specify the principles for shopping in an online shop run by the Vendor at www.ivolta.pl.
The Vendor shall be Volta spółka z ograniczoną odpowiedzialnością (a limited liability company) with its registered office in Warsaw (02-230), ul. Jutrzenki 94, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division under KRS number 0000023698, NIP (Tax Identification Number): 521-13-67-444, REGON (National Official Register of Business Entities): 010829096, hereinafter also referred to alternatively as the “Service Provider”.
Contact with the Service Provider is possible:
- at the telephone numbers of the Consumer Helpline: 22 295 06 06 – cost per minute in accordance with the price list of the client’s telecommunications operator, or
- by use of the email address: email@example.com
§ 1 DEFINITIONS
- Regulations – these regulations. Within the scope of services provided by electronic means these Regulations are the regulations referred to in Article 8 of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
- Client – a natural person, legal person or organisational unit without legal personality but with capacity to enter into legal transactions that places an Order in the Online Shop in line with the principles specified herein. The B2B Partner shall also be deemed as the Client in accordance with the conditions specified in section 3 below.
- B2B Partner – an entity which is not a natural person, except from a natural person conducting a business activity with which the Vendor has concluded a separate B2B Contract.
- Consumer – a Client that is a natural person using the services rendered by the Online Shop for a purpose which is not directly related to their business or professional activity.
- Business – a Client that is neither a Consumer nor a B2B Partner.
- Service Provider/Vendor – entity that renders sales services through the Online Shop in line with the principles specified herein.
- Goods – movables presented in the Online Shop which are the subject of the Sale Contract.
- Goods available on request – the Goods which constitute a product of limited availability, in the case of which a possibility and/or a lead time depends on its availability at their producer or importer.
- Ancillary service – a service rendered by the Vendor to the Client outside the Shop in connection with the nature of the Goods sold.
- Sale Contract – a contract of sale of the Goods within the meaning of the Civil Code, concluded between the Service Provider and the Client through the Online Shop.
- Online Shop (Shop) – the website available at www.ivolta.pl, through which the Client can place the Order.
- Training – services consisting of organisation by the Service Provider of training related to trade or technology which are subject to a charge or free of it and in which the Client or persons appointed by them participate as listeners, following signing up for such Training and, in the case of the Training which are subject to a charge, following making a full payment for the participation in them. The Training shall be organised in an indicated place or in the form of webinars (service provided electronically).
- Order – Client’s statement of will which constitutes an offer and which defines unequivocally the type and quantity of the Goods, chosen manner of delivery (or personal collection), as well as the payment method, aiming directly at the conclusion of the Contract of Sale through the Online Shop. Furthermore, the Order shall mean purchase of participation in the Training in the manner specified herein by the Client through the Online Shop.
- ICT System – the set of IT devices and software cooperating with each other, which ensures processing and storing, as well as sending and receiving data through telecommunications networks by means of an end-user device adequate for a given network.
- Website – the website available at www.ivolta.pl
- Order Completion – activities aimed at collecting the Goods ordered and providing them to the carrier who is in charge of the form of delivery chosen by the Client.
- Client Account – a database which contains, in particular, the Client’s data necessary in order to complete placed orders, as well as order and complaint history.
§ 2 GENERAL PRINCIPLES
- 1. These Regulations specify the principles for using the services provided by the Online Shop available at www.ivolta.pl by the Client, in particular the principle regarding placement of orders, including Orders relating to the participation in the Training, delivery of the Goods ordered, making payment for them or for the participation in the Training, as well as the right to withdraw from the Contract of Sale and principles for submitting and handling complaints. Polish law shall be the applicable law. The Regulations also concern services rendered electronically by the Service Provider. The Service Provider renders services in the form of Training conducted in the form of webinars in an electronic manner.
- The Shop sells the Goods through the Internet.
- All Goods offered in the Shop leave the factory brand-new, are packed originally, free of physical and legal defects and have been legally placed on the Polish market, for which the Vendor shall bear liability pursuant to the provisions of the Civil Code. The Training is conducted by persons who possess the knowledge and experience necessary in order to conduct the Training on the subject specified by the Service Provider. The Vendor reserves a possibility to refuse to allow a given person to participate in the Training, if such a person does not fulfil the requirements regarding persons to whom a given Training is addressed specified by the Vendor. §3(18) shall be applied respectively in the cases referred to in the preceding sentence. Moreover, fulfilment by a participant of the technical requirements specified herein which are required for the purpose of cooperation with the ICT system used by the Service Provider is necessary in order to be able to participate in the Training conducted in the form of webinars.
- The Vendor reserves a possibility of removing from the Training a person who is interfering with the smooth conduct of the Training, in particular, a person who is under the influence of alcohol or drugs or who is aggressive towards other participants of the Training or the Trainer. In the case referred to in the preceding sentence, the Client shall not be entitled to pursue any claims towards the Vendor, including a claim for return of payment for the participation in the Training subject to a charge.
- As part of the technological requirements necessary for the purpose of cooperation with the ICT System used by the Service Provider, in order to place the Order and participate in the Training organised in the form of a webinar, the Client should have an active e-mail address and a device connected to the Internet, which fulfils the following minimum technical requirements:
7. The Client shall be obliged to refrain from all activities that can affect the functioning of the Shop and the system, by means of which the Training in the form of webinars are conducted, including refraining from uploading content which is prohibited by the provisions of law, in particular content that propagates violence or content that libels or infringes the personal interests and other rights of third parties. 8. The Vendor shall not guarantee that the Website where the Online Shop can be found, the system by means on which the Training in the form of webinars are conducted and servers where the Website and the above-mentioned system can be found are compatible with the Client’s equipment and that the Website or the system by means of which the Training in the form of webinars are conducted do not contain viruses, worms and trojans. The Vendor shall also not bear liability for damage potentially suffered by the Clients in connection with these hazardous elements.
- minimum screen resolution of 1024 x 768 pixels;
- at least 1Mb internet connection;
- newest version of Adobe ® Flash® Player. Ports 1935, 443 and 80 must be open;
- in the case of the Windows Vista® Windows XP, Windows Vista, Windows 7, Windows 8 and Windows 10 (32-bit/64-bit version with 32-bit Internet browser) operating systems with at least a 2 GHz Pentium 4 processor or a similar one;
- in the case of Windows XP and Windows 7 operating systems: 512 MB RAM operating memory (however, we recommend 1 GB);
- in the case of Windows Vista, Windows 8 and Windows 10 operating systems: 1 GB RAM operating memory (however, we recommend 2 GB).
§ 3 ORDER PLACEMENT
- Information concerning the Goods available on request, which can be found on the Website although the Vendor does not possess them and are available only on request, are an invitation to submit offers and do not constitute an offer within the meaning of the provisions of law.
- All prices of the Goods and charges for the participation in the Training offered by the Shop are prices expressed in Polish zloty. Specified prices do not include costs of delivery. The Vendor states that in the case the Order is placed by the Client whose registered office/place of residence is outside the territory of Poland, the price of the Goods expressed in Polish zloty shall be converted into its equivalent in another currency (according to the average exchange rate announced by the National Bank of Poland), i.e.:
The above provision shall not regard charges for participation in the Training, which should be made in Polish zloty, irrespective of a place of residence/registered office of the person who will purchase the participation in the Training. The Client shall make payment in the currency in which they have placed a given Order.
- equivalent in EUR in the case of orders placed by Clients from EU territory, excluding Poland, and
- equivalent in USD in the case of orders placed by Clients outside EU territory.
- The total price which the Client shall be obliged to pay, which includes an adequate VAT rate, as well as costs of delivery, shall be converted and made available to the Client directly before placing the Order. Charges for the Training shall always be expressed in the gross amount.
- The Orders shall be accepted by the Website or, in exceptional circumstances, electronically (by means of an electronic mail). The Orders placed through the Website can be placed 24 hours/day, 7 days/week and 365 days/year. Participation in the Training can be purchased exclusively through the Website.
- The Client:
- can register themselves in the Shop in order to create the Client Account,
- can place the Order without registration, and
- who is not the Consumer can conclude a B2B Contract with the Vendor in order to receive the B2B Partner status.
- The participation in the Training can be purchased exclusively by a person who already has a Client Account. The participant shall receive confirmation of accepting the Order and, in the case of Training which is subject to a charge, a bank account number on which the payment shall be made or a link to the electronic payment service, by means of which it shall be possible to make the payment within 3 business days from the day of purchasing the participation in the Training. Payment for the participation in the Training should be made within 3 days from the day of receiving the above-mentioned email. Following ineffective expiry of the above-mentioned time limit, the Order placed in connection with the participation in the Training subject to a charge shall be cancelled.
- Following registration in the Shop, each login shall take place with the use of data specified in a registration form. Following the login, the Client can fill in or change their data, as well as modify the password in the “My data” section.
- In order to cancel the Client’s Account in the Shop, the Client should send an email with a request for cancelling the account to firstname.lastname@example.org.
- During placing the Orders the Client:
- chooses the ordered Goods by means of placing them in a cart,
- if the Client already has an Account, the Client logs into it, and if they want to place the Order with the exclusion of registration, they enter their contact data, including telephone number and email address, into the form,
- selects a method and address for delivery, and
- selects a payment method.
- In the situation where the data specified by the Client while placing the Order are incomplete or doubtful, the Vendor shall contact the Client. If the contact with the Client is impossible, the Vendor shall be entitled to cancel the Order.
- The Order placed by the Client which comprises the Goods available on request shall constitute an offer to conclude a Contract of Sale of the Goods ordered. The Contract of Sale shall be concluded if the Client places the Order and the Vendor accepts it in line with the principles specified herein.
- Delivery of the Order placed by the Client shall be confirmed by an email sent automatically by the Shop at the email address specified by the Client. The email shall only constitute information on the provision of information on the Order to the website of the Shop.
- The Vendor shall verify the placed Order in terms of data correctness and then send an email confirming acceptance of the Order to the Client. The Vendor reserves the right to request for confirmation of the placed Order by the Client.
- The Vendor represents that confirmation of acceptance of the Order, including provision of the Ancillary Services, can depend on receiving from the Client confirmation of authenticity of placing the Order electronically (by email). The Vendor shall contact the Client for this purpose. If obtaining confirmation from the Client is impossible, the Vendor shall be entitled to cancel the Order.
- Should the Goods included in the Order be unavailable in the warehouses or at the Vendor’s suppliers and, thus completion of the Client’s Order is impossible, the Vendor shall notify the Client of this fact within 30 (thirty) days of the date of concluding the Contract of Sale and return the money paid. The notification shall be sent at the email address specified by the Client. In the above-mentioned situation, the Vendor shall not be liable for any potential damage suffered by the Client in relation to the lack of completion of the Order.
- Should part of the Goods included in the Order be unavailable in the warehouse or at the Vendor’s suppliers, the Client shall be notified (by email) of the status of the Order and the possibility of its completion. The Client shall be given the following possibilities:
If the Client has already paid for the Goods but the Order related with it cannot be completed, the Shop shall return the money paid for these Goods to the Client.
- partial completion of the Order – the choice of this option by the Client shall be treated as placement of the Order regarding exclusively the available Goods;
- cancellation of the whole Order – the choice of this option by the Client shall be treated as cancellation of the placed Order.
- The Vendor shall commence completion of the Order following its confirmation and booking the related payment transferred to the bank account and if the Client chooses to pay cash on delivery or pay in cash upon confirmation of the Order. ? In the case of the B2B Partners, the moment of commencing completion of the Order shall be specified individually.
- The Vendor shall be entitled to resign from the Training at any time prior to the date of commencing it, in particular in the situation where the number of participants is lower than the minimum number of the participants specified by the Vendor. In the case of resignation from the Training by the Vendor, the Client shall not be entitled to pursue any claims towards the Vendor related to the resignation from the Training, except for the claim for the return of the payment for the participation in the Training subject to a charge made by the Client to the Vendor. Principles for the return of the payment for the Goods in the case of failure to complete the Order shall be applied respectively in the case of the return of the payment for the participation in the Training subject to a charge made by the Client.
- In order to enable the Clients to express their opinion on the proper performance of the Contract by the Vendor, the Vendor undertakes to send the Client an invitation to complete a survey regarding the assessment of the conducted transaction to their email address. Completion of the survey shall constitute exclusively the Client’s right, not their obligation.
§ 4 COSTS AND DATE OF SHIPMENT
- The Goods shall be delivered to the address specified by the Client by means of a courier company or Poczta Polska S.A. (shipments up to 2 kg), in compliance with the delivery method selected while placing the Order. It is possible to collect the Goods personally. The list of available points of personal collection is visible at the moment of placing the Order.
- Delivery takes place within the time limit specified next to all Goods at websites of the Shop. In the case of ordering several Goods with different availability dates, the Vendor reserves the right to deliver the Goods at the last of the indicated dates, which shall however be regarded only as indicative dates of delivery and concern the Orders for which the Client pays cash on delivery. If the Client chooses to pay by transfer or by credit card or online transfer, the Client should also take into account the time necessary for booking the payment on the bank account of the Shop (usually 1-2 business days), apart from the time specified on the websites of the Shop. In the case of the B2B Partner, the time limit provided for the delivery of the Goods shall be established individually.
- The Client shall bear costs of delivery (shipment) specified in the transport price list, depending on the selected method of delivery. The Client can become familiar with the price list at any time by clicking “Delivery Conditions”.
§ 5 PAYMENTS
- 1. Payment for the ordered Goods can be made:
In the case of the B2B Partners, the method of payment for Orders shall be specified individually.
- in cash upon personal collection,
- in cash on delivery (upon collection of the Goods),
- by means of electronic payment systems made available at the website of the Shop during placement of the Order, or
- by transfer to the bank account of the Shop within 7 days of the day of confirmation of the acceptance of the Order.
- The Vendor shall issue a proof of sale (invoice or receipt) relating to all sold Goods or purchase of participation in the Training.
- VAT invoice for the purchased Goods or the participation in the Training shall be sent to the Client electronically, to the indicated email address in the form of an electronic image of the billing documents. The Client hereby expresses consent on issuing and sending VAT invoices electronically by accepting these Regulations. The Client can report the need to receive invoices in paper form. However, in this case, the Vendor reserves the right to charge an environmental fee. The need to receive the VAT invoice in paper form should be reported by the B2B Partner to the Vendor by means of completing a relevant form available at e-invoice resignation form, and by other Clients by means of entering such a request into the ‘Comment’ section while placing the Order.
§ 6 WITHDRAWAL FROM THE CONTRACT OF SALE, RETURN OF THE GOODS
- The Consumer shall be entitled to withdraw from the Contract of Sale without indicating the reason for it by means of submitting a relevant written statement within 14 days of the day the Consumer or a third party other than the carrier indicated by them becomes the owner of the Goods and if the Contract of Sale relates to the provision of a service, including Training, from the day of the conclusion thereof. The Consumer can download the model statement at Model Statement or make use of model statement of ivolta.pl. The statement on the withdrawal from the Contract of Sale shall be sent to the address of the Vendor. The Consumer expresses consent on the provision of a given service, including the Training, by the Vendor within the 14 days provided for the withdrawal from the Contract of Sale. The Consumer shall not be entitled to the right to withdraw from the Contract of Sale with regard to the services, including the Training, rendered by the Vendor, irrespective of whether the Consumer received the service from the Vendor, in particular irrespective of whether the Consumer has participated in the conducted Training or not.
- The Consumer who has withdrawn from the Contract of Sale in accordance with § 6(1) hereof shall be obliged to return the purchased Goods. The return shall take place immediately, not later than within 14 days of the day of withdrawing from the Contract of Sale. The purchased Goods shall be returned at the Vendor's address. The Consumer who has withdrawn from the Contract of Sale shall be entitled to reimbursement of the full payment. The Vendor shall be entitled to deduct the difference between the costs of delivery chosen by the Consumer and the cheapest method of delivery available in the Shop from the amount reimbursed to the Consumer. The cost of the return of the Goods to the Vendor shall be borne by the Consumer. In the case of return at the Vendor’s expense, the Vendor reserves the right to deduct the equivalent of the costs of return against the amount which it is obliged to reimburse to the Consumer.
- The Goods returned by the Consumer shall be unchanged, unless the change was necessary within the scope of ordinary management. The Consumer shall bear liability for a decrease in the value of the Goods resulting from the fact that they have been used in a manner unnecessary in order to assess their nature, features and functionalities. The returned Goods should be packed in a manner which guarantees proper securing of the shipment and its content.
- The Goods constituting sound or visual records, or software delivered in sealed packaging, provided that the packaging has been opened after delivery, as well as the Goods which after their delivery, due to their nature, are inextricably connected with other goods shall not be subject to the return. In the case of the sale of the Goods to the B2B Partners, the Goods designated in the Shop as the Goods available on request shall not be subject to the return as well.
- The Vendor shall reimburse the payment (including costs of delivery) immediately, not later than within 14 days of the receipt of the returned Goods. The return of the Goods shall take place with the use of the same payment method as the one used by the Consumer, unless the Consumer expressly agrees on the use of another method of return, which shall not involve any extra costs for them.
- The return of the purchased Goods by the B2B Partner shall be governed by separate provisions included in the B2B Contract concluded between the Client and the Vendor.
§ 7 COMPLAINT PROCEDURE
- In case of nonconformity of the Goods or the Training with the Contract of Sale, the Consumer shall be entitled to submit a complaint at the Vendor’s address.
- In order to submit a complaint, the Consumer shall complete a complaint notification form available at: www.ivolta.pl in the section “File a Complaint" and after receiving a complaint notification form number, if the complaint concerns the Goods, the Consumer shall deliver the Goods which are the subject of the complaint to the Vendor, along with the indication of the assigned complaint notification form number. Submission of the complaint shall take place upon the delivery of the Goods which are the subject of the complaint to the Vendor, along with the provision of the Order number or invoice/receipt number, as well as date of purchase. Enclosure of the proof of purchase to the complaint notification form will accelerate the process of complaint handling. Complaints regarding the Training should be submitted by means of completing a form available at www.ivolta.pl/complaints, which should be sent via electronic mail to: email@example.com.
- The Vendor shall handle the complaint within 14 days of the day of its submission.
- If the Goods are defective, the consumer shall be entitled to submit a statement on lowering the price or withdrawal from the contract to the Vendor, unless the Vendor immediately and without excessive inconvenience for the Consumer replaces the defective Goods with the Goods which are free of defects or removes the defect. However, the Consumer can instead of the removal of the defect proposed by the Vendor demand that the Goods be replaced with Goods which are free of defects or instead of the replacement of the Goods demand that the defect be removed, unless making the Goods compliant with the contract in a manner chosen by the Consumer is impossible or requires bearing excessive costs in comparison with the manner proposed by the Vendor. In the assessment of excessiveness of costs, the value of the Goods free of defects, the type and significance of the discovered defect are taken into consideration, as well as inconveniences which the Consumer would suffer due to choosing another means of satisfaction. The Consumer shall be entitled to withdraw from the contract if the defect is insignificant.
- The Vendor shall be liable under warranty, if a given physical defect is discovered prior to the expiry of two years of the day the Goods are released to the Consumer. However, the Consumer’s claim for removal of the defect or replacement of the Goods with the Goods which are free from defects shall be subject to the time limit of one year, calculating from the day of discovering the defect, not earlier however than prior to the expiry of 2 years of the day the Goods are released.
- In the case the Client that is not the Consumer, the Vendor excludes liability under warranty for physical defects of the Goods purchased in the Shop (Article 558 §1 of the Civil Code).
- The Goods purchased in the Shop by the Businesses and the B2B Partners can have a guarantee granted by the producer, importer or the Vendor, applicable in the territory of Poland. The period of validity of the guarantee of all Goods is visible in their description at the websites of the Shop. Detailed conditions of the guarantee granted by the Vendor and the principles of submitting complaints are available at the website of the Shop in the “General conditions of the guarantee granted by the Vendor” section. The majority of the Goods have guarantees exercised directly by authorised producer service centres. Exact addresses of such service centres are available at the producers’ websites. The Business/B2B Partner can also conduct the complaint procedure under guarantee through the Vendor.
- The Consumer can use out-of-court means of complaint handling and pursuit of their claims. If the Consumer wants to resort to amicable resolution of disputes regarding online shopping, the Consumer can submit their complaint, e.g. by means of the ODR platform available at: http://ec.europa.eu/consumers/odr/“
§ 8 GENERAL CONDITIONS OF HANDLING CONSUMER COMPLAINTS
- 1. The service centre can refuse to remove the defect under warranty in the case of destruction of the factory or service seals, discovery of non-conformity of data included in the documents and on the product, or interference with the internal systems by unauthorised persons.
- Repair which is free of charge shall not cover activities provided in the service manual, to the performance of which the Consumer is obliged by use of their own means.
- Handling of the complaint notification forms arising from the warranty shall not comprise:
- defective functioning or damage caused by improper usage or storage, carelessness of the user or using the product in a manner which is not compliant with the service manual or safety regulations,
- damage of the product caused by: fire, flood, lightning strike or other natural disasters, war or civil disturbances, unforeseen accidents, thermal or chemical injuries, pollution, corrosion and rust, abrasion of the external product shell,
- damage to the product caused by improper installation, use of improper consumables (other than the consumables recommended by the producer or the Vendor) or using them in a manner which is not compliant with the recommendations of the producer or the Vendor.
- activities relating to normal operation such as: maintenance, cleaning of readers, etc., damage to the product caused by improper supply, improper signal network,
- signs of normal wear during operation such as: burnout of fuses available for the user, magnetisation of a kinescope, decrease of emission and permanent marks on a kinescope or LCD/TFT panel arising from the nature of operation, glossing up of infra-red radiators, typical wear of movable elements, e.g. timing belts,
- damage caused by overvoltage that occurred during atmospheric discharges and a defective supply system, and
- claims under the technical parameters of a given product, provided that they are compliant with the technical parameters specified by the producer.
§ 9 AMENDMENT OF THE REGULATIONS
- If during the period which has passed since the last login of the Client at the website of the Shop, the Regulations are amended, then the Client shall accept or not its provisions following the introduction of amendments. In the case of the lack of acceptance of the Regulations, in particular after their amendment, purchasing in the Shop shall be impossible.
- The Client that does not accept the amendments introduced in the Regulations shall be entitled to cancel their Client’s Account at any time. The above-mentioned right can be exercised in a manner defined in §3(7) hereof.
- The Orders placed by the Clients before the amendments to the Regulations enter into force shall be completed in accordance with the existing provisions of the Regulations.
§ 10 FINAL PROVISIONS
- In matters not regulated herein, the binding provisions of law shall apply.
- Disputes arising from these Regulations and in connection with the performance of the Contracts of Sale concluded between the Shop and the Clients shall be considered by a competent court, in accordance with the provisions regarding material and territorial jurisdiction, with the stipulation that the Consumer shall be entitled to pursue out-of-court settlement of potential disputes through poviat (municipal) Consumer Ombudsman.
Date of entry into force of the Regulations: 3 August 2018