Terms and condition

The Terms and Conditions of the Iveresse online store

establishing, among others, the rules for concluding agreements through the Store, containing the most important information about the Seller, the Store, and the Consumer's rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Realizacja zamówienia
§ 7 Prawo odstąpienia od umowy
§ 8 Wyjątki od prawa odstąpienia od umowy
§ 9 Reklamacje
§ 10 Dane osobowe
§ 11 Zastrzeżenia
Załącznik nr 1: Wzór formularza odstąpienia od umowy

§ 1 DEFINITIONS

Business days – Monday to Friday, excluding statutory holidays in Poland.

Consumer – consumer within the meaning of the provisions of the Civil Code.
Account – a separate free-of-charge function of the Store regulated by a separate regulation (an electronic service), thanks to which any entity using the Store can create their individual account in the Store.
Buyer – any entity purchasing from the Store.
Privileged Buyer – Buyer who is a Consumer or a privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding a contract directly related to their business activity with the Seller, but not having a professional character for it.
Regulations – these regulations.
Store – Iveresse online store operated by the Seller at https://www.iveresse.com.
Seller – VICTORY NOW LIMITED LIABILITY COMPANY with its registered office at ul. Zamknięta 10/0.2, 30-554 Kraków, entered into the National Court Register - Register of Entrepreneurs by the DISTRICT COURT FOR KRAKÓW-ŚRÓDMIEŚCIE IN KRAKÓW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0001030670, NIP 6832128587, REGON 525026415.
Consumer Rights Act – Act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

Mailing address: ul. Zamknięta 10/0.2, 30-554 Kraków
Email address:: shop@iveresse.com
Phone: +48 12 312 53 35

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, the following are necessary:
- Device with Internet access
- Internet browser supporting JavaScript and cookies files.
To place an order in the Store, in addition to the requirements specified in para. 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

The prices of products visible in the Store are total prices for the product.
The Seller notes that the total order price consists of the following indicated in the Store: the price for the product and, if applicable, the costs of delivering the goods.
The product selected for purchase should be added to the cart in the Store.
Then the Buyer selects the method of delivery of the goods and the method of payment for the order from the available options in the Store, and also provides the necessary data to fulfill the placed order.
The order is placed when its content is confirmed and the Regulations are accepted by the Buyer..
Placing an order is synonymous with concluding a contract between the Buyer and the Seller.
The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

For the placed order, payment can be made, depending on the Buyer's choice:
1. by ordinary bank transfer to the Seller's bank account;;
2. by credit card::
  - Visa
  - Visa Electron
  - MasterCard
  - MasterCard Electronic
  - Maestro
3. via the payment platform::
  - Przelewy24
In the case of choosing payment in advance by the Buyer, the order must be paid within 2 business days from placing the order.
The Seller informs that in the case of payment methods where the field for entering data necessary to make the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order.
By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER EXECUTION

The order processing time is up to 10 business days.
In the event that the Buyer chose prepayment for the order, the Seller will commence order processing after it has been paid.
Countries where delivery is carried out:
- Europe, USA
Products purchased in the Store are delivered - depending on the delivery method chosen by the Buyer:
1. via DHL courier company

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

The privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 30 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the day:
1. on which the privileged Buyer acquired the goods or on which a third party other than the carrier and indicated by the privileged Buyer acquired the goods;
2. on which the privileged Buyer acquired the last item, batch, or part, or on which a third party, other than the carrier and indicated by the privileged Buyer, acquired the last item, batch, or part, in the case of a contract obliging to transfer the ownership of many goods, which are delivered separately, in batches, or in parts.
In order for the privileged Buyer to exercise the right to withdraw from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, about their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email).
The privileged Buyer may use the withdrawal form template placed at the end of the Regulations or available under the CUSTOMER SERVICE -> RETURNS tab.
To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send information regarding the exercise of the right of withdrawal from the contract before the withdrawal period expires..

EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller refunds to the privileged Buyer all payments received from them, including the costs of delivering the goods (with the exception of additional costs resulting from the privileged Buyer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay and in any case not later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise the right of withdrawal from the contract.
The Seller will make the refund using the same means of payment as the privileged Buyer used in the initial transaction, unless the privileged Buyer has expressly agreed otherwise; in any event, the privileged Buyer will not incur any fees as a result of such reimbursement.
If the Seller has not offered to collect the goods from the privileged Buyer, they may withhold the reimbursement until they have received the goods back or until the privileged Buyer has provided evidence of having sent back the goods, whichever is the earliest.
The Seller requests the return of the goods to the address: Iveresse / Victory Now ul. Zamknięta 10/0.2., 30-554 Kraków immediately, and in any case not later than 14 days from the day on which the privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the privileged Buyer returns the goods before the expiry of the 30-day period.
The privileged Buyer bears the direct cost of returning the goods.
The privileged Buyer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If the nature of the goods prevents them from being returned by regular courier service, the privileged Buyer will also be required to bear the direct costs of returning the goods. The privileged Buyer will be informed by the Seller of the estimated amount of these costs in the product description on the Store's website or when placing an order.
In the event that it is necessary to refund the funds for a transaction made by the privileged Buyer with a payment card, the Seller will refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right to withdraw from a distance contract, as referred to in § 7 of the Regulations, does not apply to a contract
1. where the subject of the performance is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or serving to satisfy their individual needs;
2. where the subject of the performance is an item liable to deteriorate rapidly or having a short shelf life;
3. where the subject of the performance is an item delivered in sealed packaging, which cannot be returned once the packaging has been opened due to health protection or hygiene reasons, if the packaging was opened after delivery;
4. where the subject of the performance are goods that, due to their nature, are inseparably mixed with other items after delivery;
5. where the subject of the performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
6. for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement;
7. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

The Seller is liable to the privileged Buyer for the conformity of the performance with the contract, as provided for by the generally applicable provisions of law, including in particular the provisions of the Consumer Rights Act.
The Seller requests complaints to be submitted to the postal or electronic address provided in § 2 of the Regulations.
If a product is covered by a warranty, information about it, as well as its terms, is available in the Store.
Complaints regarding the operation of the Store should be addressed to the email address specified in § 2 of the Regulations.
The Seller will respond to the complaint within 14 days of receiving it.

II PRIVILEGED BUYERS

Goods
1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the right to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
2. The Seller is liable for the lack of conformity of the goods with the contract existing at the time of its delivery and revealed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its predecessors in title, or persons acting on their behalf, is longer.
3. Based on the provisions of the Consumer Rights Act, the privileged Buyer may in any case demand:
  1. exchange of goods,
  2. repair of goods.
4. Additionally, the privileged Buyer may make a statement about:
  1. price reduction,
  2. withdrawal from the contract
  in a situation where:
  - the Seller refused to bring the goods into conformity with the contract in accordance with Art. 43d (2) of the Consumer Rights Act;
  - the Seller did not bring the goods into conformity with the contract in accordance with Art. 43d (4-6) of the Consumer Rights Act;
  - the lack of conformity of the goods with the contract persists, although the Seller attempted to bring the goods into conformity with the contract;
  - the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Art. 43d of the Consumer Rights Act;
  - it is evident from the Seller's statement or circumstances that the Seller will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the privileged Buyer.
5. In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the privileged Buyer at its own expense.
6. The privileged Buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
7. In the event of withdrawal from the contract, as referred to in this section (concerning goods), the privileged Buyer promptly returns the goods to the Seller at its own expense, to the address Iveresse / Victory Now, ul. Zamknięta 10/0.2., 30-554 Kraków. The Seller refunds the privileged Buyer the price immediately, no later than within 14 days from the date of receiving the goods or proof of their return.
8. The Seller refunds the amounts due to the privileged Buyer as a result of a price reduction immediately, no later than within 14 days from the date of receiving the privileged Buyer's statement on the price reduction.
Out-of-court complaint handling and claims enforcement
1. If the complaint procedure does not produce the result expected by the Consumer, the Consumer may use, among others:
  1. mediation conducted by the competent territorial Provincial Inspectorate of Trade Inspection, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
  2. assistance of the competent territorial permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available a: https://uokik.gov.pl/stale_sady_polubowne.php;
  3. free assistance of the municipal or district consumer ombudsman;
  4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III OTHER THAN PRIVILEGED BUYERS

To avoid doubt, the Seller draws attention to the fact that the provisions of § 11 (5) apply to the Seller's liability towards a Buyer other than a privileged Buyer, related to a complaint.

§ 10 PERSONAL DATA

1. The Seller is the administrator of the personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller - including other purposes and legal grounds for data processing, as well as data recipients - is available in the Privacy Policy available in the Store - due to the transparency principle contained in the General Data Protection Regulation ("GDPR"). The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is:
  - contract or actions taken at the request of the Buyer, aimed at its conclusion (Art. 6 (1) (b) GDPR),
  - the Seller's legal obligation related to accounting (Art. 6 (1) (c) GDPR), and
  - the Seller's legitimate interest, consisting of processing data to establish, assert, or defend potential claims (Art. 6 (1) (f) GDPR).
2. Providing data by the Buyer is voluntary but also necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
3. The Buyer's data provided in connection with purchases in the Store will be processed until:
  1. the contract concluded between the Buyer and the Seller expires;
  2. the legal obligation of the Seller, obliging him to process the Buyer's data, ceases to apply;
  3. the possibility of asserting claims by the Buyer or the Seller, related to the contract concluded by the Store, ceases;
  4. the Buyer's objection to the processing of his personal data is accepted - in case the processing was based on the Seller's legitimate interest
  – depending on what applies in a given case and what occurs no later.
4. The Buyer has the right to demand:
  1. access to their personal data,
  2. restriction of processing,
  3. deletion,
  4. data transfer to another administrator,
  5. and also the right
    a także prawo:
  6. to object at any time to the processing of data for reasons related to the Buyer's particular situation - with regard to the processing of their personal data, based on Art. 6 (1) (f) GDPR (i.e., on the legitimate interests pursued by the Seller).
5. To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
6. If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Office for Personal Data Protection.

§ 12 RESERVATIONS

1. 1. It is prohibited for the Buyer to provide content of an unlawful nature..
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the duration and for the purpose of fulfilling the order.
  3. Contracts concluded based on the Regulations are concluded in English
  4. In the event of a dispute with a Buyer other than a privileged Buyer, the court having jurisdiction will be the court having jurisdiction over the Seller's registered office. All Seller's liability towards a Buyer other than a privileged Buyer, within the limits permitted by law, is excluded.
  5. All Seller's liability towards a Buyer other than a privileged Buyer, within the limits permitted by law, is excluded.

Attachment No. 1 to the Regulations

Below is a model withdrawal form, which the Consumer or the privileged Entrepreneur may, but is not required to use:

WITHDRAWAL FORM TEMPLATE
(this form should be completed and sent only if you wish to withdraw from the contract)

VICTORY NOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Zamknięta 10/0.2, 30-554 Kraków
adres e-mail: shop@iveresse.com

- I/We(*) ..................................................................... hereby inform/inform() about my/our withdrawal from the contract of sale of the following goods*() / for the provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract^(*)/receipt^(*)

..............................................................................................................................................................................

- Name and surname of the Consumer(-s) / privileged Entrepreneur(-s):

..............................................................................................................................................................................

- Address of the Consumer(-s) / privileged Entrepreneur(-s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Consumer(-s) / privileged Entrepreneur(-s) signature
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate..

Account Regulations

in the Iveresse Store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the provisions of the Civil Code.
Account – a regulated, free-of-charge function of the Store (service) specified in the Regulations, enabling the Service Recipient to create their individual account in the Store.
Service Recipient - any entity establishing an Account or interested in establishing an Account.
Privileged Service Recipient – Service Recipient who is a Consumer or a natural person concluding a contract directly with the Service Provider related to their economic activity but not having a professional character for it.
Regulations - these account regulations.
Store – the Iveresse online store operated by the Service Provider at https://www.iveresse.com
Service Provider - VICTORY NOW SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ z siedzibą pod adresem ul. Zamknięta 10/0.2, 30-554 Kraków, wpisana do Krajowego Rejestru Sądowego - rejestru przedsiębiorców przez SĄD REJONOWY DLA KRAKOWA ŚRÓDMIEŚCIA W KRAKOWIE, XII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, pod nr KRS 0001030670, NIP 6832128587, nr REGON 52502641500000.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. 1. Adres pocztowy: ul. Zamknięta 10/0.2, 30-554 Kraków
  2. Adres e-mail: shop@iveresse.com
  3. Telefon: +48 12 312 53 35

§ 3 TECHNICAL REQUIREMENTS

1. 1. For the proper functioning and creation of an Account, the following are required:
    - active email account
    - device with internet access
    - web browser supporting JavaScript and cookies

§ 4 ACCOUNT

1. 1. Creating an Account is entirely voluntary and dependent on the will of the Service Recipient.
  2. The Account provides the Service Recipient with additional capabilities, such as: viewing the history of orders placed by the Service Recipient in the Store, checking the status of orders, or independently editing the Service Recipient's data.
  3. To create an Account, the relevant form in the Store must be completed.
  4. At the moment of creating an Account, an indefinite-term agreement on the management of the Account under the rules indicated in the Regulations is concluded between the Service Recipient and the Service Provider.
  5. The Service Recipient may resign from the Account at any time without incurring any costs.
  6. To resign from the Account, the Service Recipient should send their resignation to the Service Provider at the email address shop@iveresse.com, resulting in the immediate deletion of the Account and the termination of the agreement regarding the management of the Account.

§ 5 COMPLAINTS

1. 1. Complaints regarding the functioning of the Account should be addressed to the email address sklep@iveresse.com.
  2. The Service Provider will consider the complaint within 14 days.
    
    OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND ENFORCEMENT OF CLAIMS
  3. If the complaint procedure does not yield the desired result for the Consumer, the Consumer may use, among others:
    1. mediation conducted by the competent territorial Provincial Inspectorate of Trade Inspection, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the competent territorial permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case by the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free assistance of the municipal or district consumer ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

1. 1. The Service Provider is the administrator of the personal data provided by the Service Recipient when using the Account. Detailed information regarding the processing of personal data by the Service Provider - including other purposes and legal grounds for data processing, as well as data recipients - is available in the Privacy Policy available in the Store - due to the transparency principle contained in the General Data Protection Regulation – „GDPR”.
  2. The purpose of processing the Service Recipient's data is to manage the Account. The legal basis for processing personal data in this case is: the contract for the provision of the service or actions taken at the request of the Service Recipient aimed at its conclusion (Art. 6 (1) (b) GDPR), and the legitimate interest of the Service Provider, consisting of processing data to establish, assert, or defend potential claims (Art. 6 (1) (f) GDPR).
  3. Providing data by the Service Recipient is voluntary but also necessary for managing the Account. Failure to provide data means that the Service Provider will not be able to provide the service of managing the Account.
  4. The Service Recipient's data will be processed until:
    1. the Account is deleted by the Service Recipient or the Service Provider at the Service Recipient's request;
    2. the possibility of asserting claims by the Service Recipient or the Service Provider related to the Account ceases;
    3. the Service Recipient's objection to the processing of their personal data is accepted - in case the processing was based on the legitimate interest of the Service Provider
    – depending on what applies in a given case and what occurs no later.
  5. The Service Recipient has the right to demand:
    1. access to their personal data,
    2. their correction,
    3. deletion,
    4. restriction of processing,
    5. data transfer to another administrator
      and also the right:
    6. to object at any time to the processing of data for reasons related to the Service Recipient's particular situation - with regard to the processing of their personal data, based on Art. 6 (1) (f) GDPR (i.e., on the legitimate interests pursued by the Service Provider).
  6. To exercise their rights, the Service Recipient should contact the Service Provider..
  7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may lodge a complaint with the President of the Office for Personal Data Protection.

§ 7 RESERVATIONS

1. 1. It is prohibited for the Service Recipient to provide unlawful content.
  2. The agreement regarding the management of the Account is concluded in the Polish language.
  3. In the event of important reasons, as mentioned in paragraph 4, the Service Provider has the right to change the Regulations
  4. Important reasons, as referred to in paragraph 3, include:
    1. the need to adjust the Store to the legal provisions applicable to the Store's activity;
    2. improvement of the security of the provided service;
    3. changes in the functionality of the Account, requiring modifications to the Regulations.
  5. The Service Recipient will be informed about the planned change of the Regulations at least 7 days before the change comes into effect by email sent to the Account's assigned address.
  6. In the event that the Service Recipient does not express acceptance of the planned change, they should inform the Service Provider by sending an appropriate message to the Service Provider's email address: shop@iveresse.com, which will result in the termination of the agreement regarding the management of the Account upon the entry into force of the planned change or earlier, if the Service Recipient requests it.
  7. If the Service Recipient does not object to the planned change until it comes into effect, it is assumed that they accept it, which does not constitute an obstacle to terminating the agreement in the future.