Terms of service
effective from 01.03.2023
The following Terms and Conditions set out the general terms of sale applicable in our online store available at www.ohzuza.com, operated by Vanilla s.c. Katarzyna Pastwa, Marek Pastwa, ul. Napoleońska 33, Łódź 94-231, NIP: 1181842239, REGON: 140553472.
The business activity is registered in the Central Register and Information on Economic Activity (CEIDG), maintained by the minister responsible for the economy.
1. Scope of these Terms and Conditions
These Terms and Conditions apply to all orders placed by Consumers and Entrepreneurs through our online store.
A Consumer, pursuant to Article 22 of the Polish Civil Code, is a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
An Entrepreneur, pursuant to Article 43 of the Polish Civil Code, is a natural person, legal person, or organisational unit without legal personality to whom the law grants legal capacity, conducting business or professional activity in their own name.
Any other or supplementary Terms and Conditions or General Terms of Trade used by Entrepreneurs do not apply. They become part of the contract only if we provide explicit written consent.
2. Conclusion of the Contract
A sales contract is concluded with Vanilla s.c. Katarzyna Pastwa, Marek Pastwa.
The presentation of products in our online store constitutes an invitation to submit offers within the meaning of Article 71 of the Polish Civil Code. To submit an offer to purchase products, an order must be placed. Using the mechanisms available in our store, you may add selected products to your shopping cart and submit an offer to purchase. The shopping cart and the data entered in the forms may be modified before the order is submitted, using the functionalities and messages displayed during the ordering process.
By clicking the button confirming and finalising the order on the order summary page, you submit an order for the products placed in the cart. After placing the order, you will receive an email from us confirming receipt of the order and its acceptance for processing. Upon receiving this message, the sales contract is concluded.
3. Contract Language and Storage
The sales contract may be concluded in Polish.
We store the content of the contract and send you the order details and our Terms and Conditions by email. You can also check the details of your orders via your customer account. The Terms and Conditions are also made available on our website in a manner allowing you to obtain, reproduce, and store their content.
4. Delivery of Products
In some cases, the prices indicated for products may not include shipping costs. Ordered products are delivered through courier companies cooperating with us. Detailed information on available delivery methods, delivery times, and shipping costs is presented during the ordering process and in a dedicated information section on our website.
Products may also be collected in person at: Vanilla s.c., ul. Napoleońska 33, 94-231 Łódź, Monday to Friday, 9:00 to 15:00, excluding public holidays. When collecting an order in person, payment may be made in cash or by payment card.
5. Payments
The following payment methods are available in our online store:
Payment on delivery (cash on delivery).
Electronic payments via online payment services.
Traditional bank transfer to our store’s bank account. If this payment method is chosen, we will send you the bank transfer details by email after the order is placed. The order will be processed once the full payment amount has been credited to our account.
Detailed information on available payment methods, including integrated online payment services and available types of e-payments as well as any additional costs, is presented during the ordering process and on our website in a dedicated information section.
6. Right of Withdrawal
Consumers have a statutory right of withdrawal in accordance with the information contained in the instructions on the right of withdrawal.
The right of withdrawal also applies to natural persons who conclude a contract directly related to their business activity, provided that the content of the contract shows that it is not of a professional nature for that person, in particular resulting from the subject of their business activity listed in the CEIDG register. Other Entrepreneurs do not have a right of withdrawal.
7. Retention of Ownership
Products ordered in the store remain our property until the full purchase price has been paid.
8. Damage During Transport
For Consumers: in the case of a consumer distance purchase, our store always bears the risk of accidental damage or loss of the item during transport. If the ordered products are delivered with obvious damage caused during transport, please report such defects to the courier and contact us as soon as possible. A delay in submitting such a complaint or contacting us does not affect your statutory rights (described below in the section on complaints). However, quicker notification helps us pursue claims against the carrier or transport insurer.
For Entrepreneurs (except natural persons covered by consumer rights as described above): the risk of accidental loss or deterioration of the product passes to you when the product is handed over to the carrier or other entity responsible for transporting it. We are not liable for loss, shortage, or damage occurring from the time of handover until delivery, nor for delays caused by the carrier.
9. Complaints: Conformity of Goods with the Contract / Defects
For Consumers: we are obligated to deliver goods free from defects. In the event of non-conformity of goods with the contract, the Consumer has the rights provided in Chapter 5a of the Consumer Rights Act. Under the terms specified therein, the Consumer may request repair or replacement of the non-conforming goods, or submit a statement requesting a price reduction or withdrawal from the contract. We are liable for any lack of conformity revealed within two years of delivery unless a longer use-by period has been specified for the product.
The above provisions apply accordingly to natural persons concluding a contract directly related to their business activity, provided that the contract does not have a professional nature for that person.
We will respond to complaints without delay, no later than within 14 days of receiving them.
Complaints may be submitted:
by email to: shop@ohzuza.com
in writing to: Vanilla s.c. Katarzyna Pastwa, Marek Pastwa, ul. Napoleońska 33, 94-231 Łódź
by phone: +48 665 121 500
Information on any additional warranties and their detailed terms is always attached to the product and available in the information section of our store.
For Entrepreneurs (except those treated as consumers as described above): for sales contracts concluded with an Entrepreneur, pursuant to Article 558 § 1 of the Polish Civil Code, our store's liability under statutory warranty for defects is excluded.
Our customer service is available Monday to Friday, 9:00 to 15:00.
10. Electronic Services
To use our online store, including browsing the assortment and placing orders, a multimedia device with an internet browser, Internet access, and email access is required. It is recommended to enable JavaScript and Cookies in your browser settings. Users are obliged to use the store lawfully and in accordance with good practices. Providing unlawful content is prohibited.
We take all necessary steps to ensure proper functioning of the store’s website and interface, based on current technical knowledge. We undertake to remove any reported irregularities or technical issues within a reasonable time. This also applies to the newsletter subscription option and optional customer account creation, if these services are provided. You may report any irregularities or interruptions using the contact details provided above. Complaints regarding technical issues should specify the type and date of the irregularity.
11. Out-of-Court Dispute Resolution
Consumers may use out-of-court methods of handling complaints and pursuing claims. Information on how to access such procedures is available at: www.uokik.gov.pl in the section “Consumer Alternative Dispute Resolution”.
Consumers also have access to the Online Dispute Resolution platform at: http://ec.europa.eu/consumers/odr. The ODR platform is a multilingual, interactive website for Consumers and traders seeking out-of-court resolution of disputes arising from online sales or service contracts.
Using these procedures is voluntary and may occur only if both parties (Consumer and seller) agree.
We undertake to use out-of-court dispute resolution with Consumers in accordance with the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The authorised body is: Łódź Provincial Inspector of Trade Inspection in Łódź, ul. Gdańska 38, 90-730, Łódź, www.wiih.lodz.pl.
12. Final Provisions
None of the provisions of these Terms and Conditions aim to infringe Consumer statutory rights. In the event of any conflict between the provisions of these Terms and Conditions and Consumer rights arising from mandatory law, statutory provisions shall apply.
For Entrepreneurs, Polish law applies to all contracts concluded with us, excluding the United Nations Convention on Contracts for the International Sale of Goods.
For Entrepreneurs, legal persons under public law, or public-law organisational units, the court competent for resolving disputes arising from contractual relationships between us and you shall be the court competent for our registered office. This does not apply to natural persons concluding a contract directly related to their business activity if the contract is not professional in nature for that person as listed in CEIDG.
