CONTENTS:
  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE WEBSHOP
  3. CONDITIONS FOR ENTERING INTO A SALES CONTRACT
  4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
  5. THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL
  9. PROVISIONS CONCERNING TRADERS
  10. PRODUCT REVIEWS
  11. TREATMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
  12. FINAL PROVISIONS
  13. MODEL WITHDRAWAL FORM
 
These Online Shop Regulations have been prepared by the lawyers of Prokonsumencki.pl. The online shop www.vortexvr.co.uk cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.

1.    GENERAL PROVISIONS

1.1.       The online shop, available at the Internet address www.vortexvr.co.uk, is operated by PRZEMYSŁAW WARDZYŃSKI, conducting business activity under the name VORTEX CONSULTING PRZEMYSŁAW DANIEL WARDZYŃSKI, entered into the Central Register of Business Activity and Information of the Republic of Poland, maintained by the minister responsible for economy, holding: business address and address for delivery: ul. Patriotów 110/lok. 112B, 04-844 Warsaw, NIP 5262261767, REGON 386084236, e-mail address: support@vortexvr.co.uk, telephone no: +48 516 530 153.
1.2.       These Terms and Conditions are addressed to both consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.
1.3.       The administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4.       Definitions:

2.    ELECTRONIC SERVICES IN THE WEBSHOP

2.1.       The following Electronic Services are available on the Online Shop: Account, Order Form and Newsletter. 2.2.       Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in the web browser.
2.3.       The Client is obliged to use the Online Shop in a manner consistent with the law and morality, with due regard to respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
2.4.       The complaint procedure concerning the Electronic Services is indicated in point. 6 of the Regulations.

3.    CONDITIONS FOR ENTERING INTO A SALES CONTRACT

3.1.       The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.
3.2.       The price of the Product or remuneration for the Product shown on the website of the Online Shop is given in British pounds and includes taxes. The Customer is informed about the total price or remuneration including taxes, and when the nature of the Product does not allow, in a reasonable estimation, for earlier calculation of their amount - the manner in which they will be calculated, as well as about the costs of delivery (including fees for transport, delivery or postal services) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the pages of the Online Shop, including during the placement of the Order and at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
3.3.       Procedure for concluding a Sales Contract in the Online Shop using the Order Form 3.4.       The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4.    PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

4.1.       The Seller shall make available to the Customer the following methods of payment for the Sales Contract: 4.2.       The Seller does not make payment in cash available upon personal collection - if the Customer chooses personal collection as a delivery method, the Customer should use the payment methods available in the Online Shop.
4.3.       Payment term: 5.    THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1.       Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.2.       Personal collection of the Product by the Customer is free of charge.
5.3.       The Seller shall make the following methods of delivery or collection of the Product available to the Customer:

5.4.       The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter deadline is specified in the description of the Product or during the Ordering process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 10 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

5.5.       Deadline for Product readiness for collection by the Customer - If the Customer chooses to collect the Product in person, the Product shall be ready for collection by the Customer within 1 Business Day, unless a shorter deadline is specified in the Product description or during the Ordering process. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 1 Business Day. The Customer will additionally be informed by the Seller about the readiness of the Product for collection. The start of the deadline for the Product to be ready for collection by the Customer is calculated as follows:

6.    PROCEDURE FOR DEALING WITH COMPLAINTS

6.1.       This section 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Shop.

6.2.       A complaint can be made, for example:

6.3.       Sending or returning the Product as part of a complaint can be done at the address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw.

6.4.       It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5.       If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the seller.

6.6.       The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will make it easier and faster for the Seller to investigate the complaint.

6.7.       The seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.

6.8.       The basis and scope of the Seller's statutory liability are set out in generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:

6.9.       In addition to the statutory liability, a warranty may be provided for the Product - this is a contractual (additional) liability and can be exercised if the Product in question is covered by the warranty. The guarantee may be provided by an entity other than the Seller (e.g. the manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Vendor points out that in the case of non-conformity of the Product with the contract, the Customer is entitled to legal remedies from the side and at the expense of the Vendor and that the guarantee does not affect these remedies.

6.10.     The provisions of clause 6.8.2. of the Terms and Conditions regarding the consumer shall also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of such a contract that it is not of a professional nature for such a person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

7.    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

7.1.       Out-of-court dispute resolution methods include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Customer who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2.       There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3.       The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 am to 6:00 pm, call charge as per operator's tariff).

7.4.       A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8.    RIGHT OF WITHDRAWAL

8.1.       A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Regulations. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:

8.2.       A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in point. 13 of the Regulations. The consumer may use the sample form, but it is not obligatory.

8.3.       The period for withdrawal shall begin:

8.4.       In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.5.       The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller 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 incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.

8.6.       The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date of withdrawal, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: ul. Patriotów 110/lok. 112B, 04-844 Warsaw.

8.7.       The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8.       Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:

8.9.       The consumer's right of withdrawal from a distance contract does not apply to contracts:

8.10.     The provisions contained in this Section 8. of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract 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 on the Central Register and Information on Business Activity.

9.    PROVISIONS CONCERNING TRADERS

9.1.       This clause 9 of the Terms and Conditions and all provisions contained therein are addressed to and therefore binding on the Customer or Service Recipient who is not a consumer only. In addition, from 1 January 2021 and for contracts concluded from that date onwards, this section of the Terms and Conditions and all provisions contained therein are not directed at and thus do not bind a Customer or Service Recipient who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract 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 on the Central Register and Information on Business Activity, unless the application to such persons of the provisions contained in this section of the Terms and Conditions is not prohibited.

9.2.       The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3.       The Seller's liability under warranty for the Product or for the Product's non-conformity with the Sales Contract shall be excluded.

9.4.       The seller will respond to the complaint within 30 calendar days of receipt.

9.5.       The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.6.       The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

9.7.       The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

9.8.       Any disputes arising between the Seller/Service Provider and the Customer/Service Provider shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10.  PRODUCT REVIEWS

10.1.     The Seller allows its Customers to issue and access opinions about the Products and the Online Shop under the terms and conditions indicated in this section of the Terms and Conditions.

10.2.     It is possible for the Customer to give an opinion on a Product or on the Online Shop using a feedback form. This form may be made available directly on the website of the Online Shop (including through an external widget) or may be made available through an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

10.3.     An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.

10.4.     Adding opinions by Clients may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good morals.

10.5.     Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

10.6.     The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product in question. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:

10.7.     Any comments, appeals against the verification of an opinion, or objections as to whether a given opinion comes from a Customer or whether a given Customer has bought a given Product may be made in a manner analogous to the complaint procedure indicated in section 6 of the Terms and Conditions.
10.8.     The Seller shall not post or cause to be posted by another person any untrue opinions or recommendations of Customers and shall not distort the opinions or recommendations of Customers in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

11.  TREATMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

11.1.     This Section 11 of the Regulations and all provisions contained herein are intended to fulfil the information obligations of equipment distributors within the meaning of Article 4(2) of the Waste Electrical and Electronic Equipment Act of 11 September 2015 (Journal of Laws of 2015, item 1688, as amended).
11.2.     It is prohibited to place waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
11.3.     The seller is obliged to take back waste equipment from households at its points of sale free of charge, provided that the waste equipment is of the same type and has performed the same functions as the sold equipment.
11.4.     When delivering household equipment to the Customer, the Seller is obliged to collect used household equipment free of charge at the place of delivery of such equipment, provided that the used equipment is of the same type and performed the same functions as the delivered equipment. The wish to hand over used equipment to the Seller in the above-mentioned case may be notified in the remarks for the Seller during the Order placement process and in electronic form via e-mail to: support@vortexvr.co.uk immediately after the Customer places the Order.
11.5.     The customer, without having to purchase new equipment, has the possibility of returning used household equipment, none of whose external dimensions exceed 25 cm, at any shop with a sales area of at least 400 m2 dedicated to the sale of household equipment.

11.6.     The seller may refuse acceptance:

11.7.     In the aforementioned cases, the customer may hand over the used equipment to an appropriate waste equipment collection point or to a treatment facility operator.

11.8.     Examples of waste equipment collection points in the City of Warsaw:

11.9.     Information on all waste equipment collection points throughout the country is available by using the search engine in the state register of entities - BDO at the following web address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.

12.  FINAL PROVISIONS

12.1.     Contracts concluded through the Online Shop are concluded in the English language.

12.2.     Amendment of the Rules of Procedure:

12.3.     Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of commonly applicable law.

12.4.     These Terms and Conditions do not exclude provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller which cannot be excluded by contract. The Service Provider/Seller shall in such a case guarantee the consumer the protection afforded to him/her on the basis of provisions that cannot be contractually excluded.

13.  MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)


Model withdrawal form

(this form must be completed and returned only if you wish to withdraw from the contract)
- Addressee:
VORTEX CONSULTING PRZEMYSŁAW DANIEL WARDZYŃSKI
ul. Patriotów 110/lok. 112B, 04-844 Warsaw
Online shop: vortexvr.co.uk
E-mail: support@vortexvr.co.uk

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)
 
- Date of conclusion of contract(*)/receipt(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.