VIVE Textile Recycling - Sklep Online

TERMS AND CONDITIONS

The Regulations define the general terms, conditions, rules and form of sales by VIVE TEXTILE RECYCLING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw, Poland through the online shop www.vive.pl (hereinafter referred to as the "Online Shop") and define the rules and conditions for provision of free services by electronic means by VIVE TEXTILE RECYCLING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw, Poland.

Article 1 - Definitions

Auction - means a type of Offer placed by the Contractor, in which the Bidder determines the price for which he is able to purchase the Products.
Bidder - means the Customer making an Offer to buy the Products from the Seller as part of the Auction.
Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.
Customer - means an entity to the benefit of which services may be provided by electronic means in accordance with the Rules and Regulations or with which a Contract of Sale may be concluded.
Customer Account - means an individual panel for each Customer, established by the Seller after the Customer registration and conclusion of the contract for provision of the Customer Account service.
Delivery - means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.
Durability – the ability of the Good to retain its function and characteristics during normal use.
Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.
Entrepreneur- means a natural person, a legal person, or an organisational unit other than a legal person to which legal capacity is granted by law; such a person shall carry out in its own an economic or professional activity and perform a legal action directly related to its economic or professional activity.
Offer - means a proposal to conclude a Contract of Sale of the Products on terms specified by the Seller, containing, among others, price and description of the offered Products.
Password - means a sequence of letters, digits, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.
Product - means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.
Registration - means a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop.
Regulations – mean these regulations.
Seller – means VIVE TEXTILE RECYCLING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in Warsaw (02-220), ul. Łopuszańska 22, NIP (Tax ID. No.): PL6570081033, REGON (National Business Registry No.): 290508529, entered in the Register of Entrepreneurs kept by the District Court for the Sąd Rejonowy w Kielcach, X Commercial Division of the National Court Register under the KRS number 0000089969, with share capital in the amount of 2.888.000 PLN; e-mail: cs@vive.com.pl, and at the same time the owner of the Online Shop.
1. BDO Number - 000000371.
Seller's Office - means the place where the Customer can collect the purchased Products in person, at the following address: ul. Malików 147, 25-639 Kielce, Panattoni Logistics Center.
Shop Website - means web pages, under which the Seller runs the Online Shop, operating in the www.vive.pl domain.
Supplier - means a company with which the Seller cooperates in the Delivery of the Products:
1. a courier company;
2. forwarding company;
3. shipowner's company;
4. the Seller's own transport.
Working days - mean weekdays from Monday to Friday excluding public holidays.

Article 2 - General provisions and use of the Online Shop

All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.
The Seller shall endeavour to provide access to the Online Shop for the Internet Users via all popular web browsers, operating systems, computer types and types of the Internet connections. The Seller does not guarantee and shall not be responsible for ensuring that each configuration variant of electronic equipment owned by the Internet User will allow to use the Online Shop. Minimum technical requirement for using the Shop Website, subject to the preceding sentence, is a web browser with enabled Javascript and installed Adobe Flash plugin without systems locking the display of Flash objects, that accepts "cookies".
The Seller applies a mechanism of cookies, which - when the Customers use the Shop Website - are stored by the Seller's server on the hard disk of a Customer's terminal device(s). The use of "cookies" is intended to ensure correct operation of the Shop Website by the Customer's terminal device(s). This mechanism does not destroy the Customer's terminal device(s) and does not change the configuration of the Customer's terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.
To place an order in the Online Shop via the Shop Website and to take advantage of the Services available at the Shop Website, the Customer must have an active e-mail account.
The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties.
The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of the Internet Users. The Seller shall never ask the Customer to provide him with access to the password in any form.
It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interest of the Seller, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting false or misleading content.

Article 3 - Registration

To create a Customer Account, the Customer must make a free Registration.
The Registration is necessary to place an order in the Online Shop.
In order to register, the Customer must complete the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.
While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof by marking a relevant field in the form.
After sending the completed registration form by the Customer, he receives information from the Seller confirming the submission of the form to the e-mail address provided in the registration form. At this moment, the Customer's request for registration is forwarded to the Seller for verification.
In the event of positive verification of the Customer by the Seller, the Customer receives a message about the account activation by e-mail to the e-mail address provided in the registration form. At this moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration.

Article 4 - Orders

(for Goods in the "Products" section)

Information included in the Shop Website shall not constitute the Seller's offer within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Contract of Sale.
The Customer may place orders in the Online shop via the Shop Website on a 24-hour/7-day-a-week basis.
A Customer placing an order via the Store's Website completes the order by selecting the Products he is interested in. The Products are added to the order by selecting the ADD TO CART symbol under the given Products presented on the Shop Website. After completing the entire order and indicating in the "CART" the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller by selecting the „ORDER AND PAY” button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total estimated weight and value of the selected Products and the price of the Delivery, as well as about all additional costs that he is obliged to incur in connection with the Contract of Sale.
Within one order, the Customer may order Products with a total maximum weight of 20,000 kg (in words: twenty thousand kg) - in the form of Delivery - wheeled transport and 27,500 kg (in words: twenty-seven thousand five hundred kg) - in the form of Delivery - sea transport. The Customer is each time informed via the Store's Website about the total weight of the Products in the "Basket".

When ordering Products by weight, the Seller reserves the right to deliver Products with a weight and value different from the weight and value indicated when placing the order, provided that the difference cannot be greater than +/- 15%.

Placing an order means an offer of the Customer to the Seller to enter into a Contract of Sale of Products covered by the order.
After the order is placed, the Seller shall send an order confirmation to the e-mail address provided by the Customer.
After confirmation of the order, the Seller shall send information on acceptance of the order for execution to the e-mail address provided by the Customer. Information about acceptance of the order for execution constitutes a statement of the Seller about acceptance of the offer referred to in Article 4.6 above and, upon receipt thereof by the Customer, the Contract of Sale is concluded.
When making payments for the purchased Products, listed in Annex 15 to the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws of 2018, item 2174 as amended), which payments are documented with an invoice, whose total receivable amount exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to apply the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order.

The invoice issued by the Seller, referred to above, should contain the words: "split payment mechanism". The parties to such a transaction are required to have a settlement account referred to in Art. 49 sec. 1 point 1 of the Act of August 29, 1997 - Banking Law, or a personal account in a cooperative savings and credit union opened in connection with the conducted business activity, kept in the Polish currency.

Article 5 - Principles of concluding Auction Contract of Sale.

Prior to concluding a Contract of Sale of the Products being the subject of the Offer, the Customer receives information about the type of the Products offered and their price via the Store's website. The price does not include the cost of Products Delivery, indicated on the Store's website.
In order to conclude a Contract of Sale with the Seller on the principles described in this section, the Customer takes part in an Auction conducted through the Store's website, under the "AUCTIONS" tab.
When entering the Auction, the Bidder indicates the maximum price of the Products, which he undertakes to pay if the Auction is won. The Bidder may change the maximum price, but it is forbidden to indicate an amount equal to or lower than the current price specified in the Auction.
An offer made during the Auction shall cease to be binding when another Bidder has made a more favourable offer, i.e. when the offer has been outbid. The bids of other Bidders shall be outbid by the amount of the action, which is equal to 0.01.
The Bidder shall be informed of the bidder's bid being outbid by e-mail.
Offers submitted by Bidders shall be binding on them.
The Auction Contract of Sale shall be concluded by the Seller with the winner of the Auction as soon as the award is made. The winner of the Auction is the Customer who:
1. at the conclusion of the Auction offered the highest price for the Products, and at the same time;
2. the price offered by that Bidder was not lower than the minimum price (if the minimum price was specified by the Seller in the Offer).
After the conclusion of the Auction, the winner of the Auction will receive an e-mail of informative nature. In this e-mail, he shall receive, among other things, information about the subject of the Contract of Sale and the price of the Products.
After the end of the Auction, the Products being the subject of the Offer are placed in the "Basket" assigned to the Customer Account of the winner of the Auction. The winner of the Auction indicates in the "Shopping Cart" the method of delivery and the form of payment, and then selects the button "I order with obligation to pay" on the Store's website. Each time, the Customer is informed about the total price to be paid (including the cost of the chosen delivery method) and about all additional costs he is obliged to incur in connection with the Contract of Sale.

The Customer may choose a form of payment for the Products from those listed in §6, para. 2 and the method of Delivery from those listed in §1, para. 4.

Until the actions referred to in §5 para. 9 have been performed by the winner of the Auction, the remaining functionalities of the Online Shop shall be blocked for him. Once the winner of an Auction has performed the actions referred to in §5 para. 9, all functionalities of the Shop are immediately unblocked.
The Seller's Offer is concluded with the lapse of time, specified in the Offer's terms by the Seller.
The Customer should make the payment for the order in the amount resulting from the concluded Contract of Sale within the period agreed with the Seller.
In the event of the Customer's failure to pay the payment within the agreed time limit, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. The information about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the Contract of Sale. In the event of the unsuccessful expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.

The Seller may also demand payment by the Customer of statutory interest for delay in commercial transactions, and compensation for the costs of debt recovery, provided that the conditions set out in the Act of March 8, 2013 on preventing excessive delays in commercial transactions (Journal of Laws of 2020, item. 935 i.e.).

When making payments for the purchased Products, listed in Annex 15 to the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws of 2018, item 2174 as amended), which payments are documented with an invoice, whose total receivable amount exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to apply the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order.

Article 6 - Payments

The prices on the Store's Website placed next to the given Products are net prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Contract of Sale, about which the Customer will be informed when choosing the method of Delivery and placing the order.

The Seller reserves the right to change the costs of Delivery and other costs related to it during the execution of the order. The prices given to the customer when placing the order are estimated costs, based on the average delivery costs to a given city / country / port.

The Customer may choose the following forms of payment for ordered Products:
1. bank transfer to the Seller's bank account (in such a case execution of the order will shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and once the money is credited to the Seller's bank account);
2. bank transfer to the Seller's bank account with the option of personal pickup of the Products (in such a case the order shall be executed immediately after the Seller sends to the Customer confirmation of acceptance of the order, whereas the Products shall be released at the Seller office once the money is credited to the Seller's bank account);
3. payment card or bank transfer via an external payment system tpay.com, operated by Krajowy Integrator Płatności S.A. with its registered office in Poznań, Poland (in such a case execution of the order shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and after receipt of information from the tpay.com system about successful completion of payment);
4. bank transfer with deferred payment available only to customers with a trade credit (in this case, the order will be processed immediately after the Seller sends the confirmation of the order acceptance to the Customer, and the payment for the Products shall be made by the Customer on terms and conditions separately agreed with the Seller).

All payment terms, such as the payment date and the amount of the trade credit, are in the Customer Account, which the Customer has access to at any time. The trade credit is granted on the basis of detailed guidelines and commercial terms constituting a separate document, on the basis of arrangements made between the Seller and the Customer.

The Customer should make the payment for the order in the amount resulting from the concluded Contract of Sale within the period agreed with the Seller.
In the event of the Customer's failure to pay the payment within the agreed time limit, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. The information about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the Contract of Sale. In the event of the unsuccessful expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.

Article 7 - Delivery

The Seller carries out the Delivery on the territory of the world.
Ordered Product(s) shall be delivered to the Customer through the Supplier, to the address indicated on the order form.
On the day of Products dispatch to the Customer (if Products personal collection has not been selected) the Seller shall confirm the shipment by e-mail to the Customer.
The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Supplier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Supplier's employee to draw up a relevant report.
The Customer has the option to collect the ordered goods in person. The collection can be made at Seller office on Working Days, after prior arrangement with the Seller of the collection date via e-mail or by phone.
At the Customer's request, the Seller sends a VAT invoice for the delivered Products to the Customer's e-mail address provided in the registration form, in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. The seller recommends the Adobe Acrobat Reader program for this purpose, which can be downloaded free of charge at http://www.adobe.com
In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of the Delivery, the Supplier's employee shall leave an advice note or shall attempt to contact the Customer by phone to agree a time when the Customer will be present. If the ordered Product(s) is/are returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to agree the time and cost of the re-Delivery.

Article 8 - Statutory warranty for entrepreneurs

The Seller excludes its liability under the warranty towards Customers who are Entrepreneurs.
The Entrepreneur may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address cs@vive.com.pl. In the complaint the Entrepreneur shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Entrepreneur.

Article 9 - Free Services

The Seller renders the following free electronic services to Customers:
1. Contact Form;
2. Customer Account service.
The services specified in Article 9.1 above shall be provided 24 hours a day, 7 days a week.
The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
The service: Contact Form means sending a message via the form available at the Shop Website to the Seller.
It is possible to unsubscribe from the free service Contact Form at any time by discontinuing sending enquiries to the Seller.
The Customer Account service is available after the Registration on terms described in the Regulations and consists of making available to the Customer a dedicated panel within the Shop Website enabling the Customer to modify data provided upon the Registration, as well as to track the status of orders and history of already fulfilled orders.
The Customer who made the Registration may submit to the Seller a request for deletion of the Customer Account wherefore in the event of submission to the Seller of a request for deletion of the Customer Account, such account may be deleted not later than within 14 days from submission of the demand.
The Seller shall be entitled to block access to the Customer Account and to free services in the event the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on the grounds of safety, in particular: overcoming securities of the Shop Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking the access. The Seller shall notify the Customer about blocking the access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.

Article 10 - Personal data protection

The rules for the Personal Data protection are set out in the Privacy Policy.

Article 11 - Termination of the contract (not applicable to Contracts of Sale)

Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned agreement and the provisions below.
The Customer, who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to become acquainted with the Customer's declaration of intent.
The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.

Article 12 - Final provisions

The Seller shall be liable for non-performance or improper performance of the contract but, in the case of contracts with the Customers being Entrepreneurs, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Entrepreneur.
The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website.
In the event of a dispute arising under the concluded sales contract, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations between the Customer and the Seller is Polish law, and the court having jurisdiction over the seat of the Seller.
The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to entry into force of the new Regulations shall be delivered based on the Regulations in force at the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer 7 days before entry into force of the new Regulations about the amendment to the Regulations by email, including a link to the contents of the amended Regulations. If the Customer does not accept the new contents of the Regulations, the Customer shall notify the Seller about this fact, which shall result in termination of the contract in accordance with the provisions of article Article 11.
The Regulations shall come into force on 01.01.2023.

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