These Terms and Conditions set out the rules for purchases made through www.vivat.pl, hereinafter referred to as the Shop, operated by Vivat Sp.j. T. Krasowska, K. Krasowska-Jobda, with its registered office at ul. Zygmunta Krasińskiego 112, 05-080 Izabelin C, Tax ID (NIP): 118-01-85-845, REGON: 011888570, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 21st Commercial Division, under KRS number 0000131007. Placing an order requires reading and accepting these Terms and Conditions.
The provisions of these Terms and Conditions are not intended to exclude or limit any rights of a Customer who is also a Consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended), where such rights arise from mandatory provisions of law. If any provision of these Terms and Conditions conflicts with such mandatory provisions, the mandatory provisions shall prevail.
PLACING ORDERS
Orders may be placed by sending a completed form by fax to 22 835 58 35 or 22 864 93 53,
by e-mail to vivat@vivat.pl,
or directly through the website www.vivat.pl.
An order can only be accepted for processing if a correctly completed order form is submitted, including a telephone number and e-mail address that can be used to verify the order.
• Download in DOC format (MS Word)
• Download in PDF format
Acceptance of an order for processing is confirmed automatically by e-mail. The message contains the order number assigned to the order, which should be quoted when making payment and when contacting the Shop. At that point, a sales agreement is concluded between the Customer and the Shop.
For orders placed by fax, the Customer must confirm the order by telephone at +48 22 835 58 35.
If “cash on delivery” is selected as the payment method, the order must be reconfirmed before it can be processed.
The Shop reserves the right to modify the contents of gift baskets by replacing individual items with equivalent products or products of a higher quality if a product shown in the catalogue is unavailable from the manufacturer.
The prices displayed with products apply at the time the Customer places the order. The Shop reserves the right to change product prices, modify the range offered, and introduce, cancel or amend the terms of promotional campaigns. The Shop’s offer is intended exclusively for adults. By placing an order, the Customer confirms that they are at least 18 years old. Excessive alcohol consumption is harmful to health.
All products are labelled in accordance with applicable law, including, among other things, manufacturer details and best-before or use-by dates.
PAYMENT TERMS AND DELIVERY COSTS
Prices include VAT but do not include delivery charges. Delivery charges depend on the size of the shipment. Discounts are available when a larger number of baskets is shipped to a single address.
The delivery charge for a single parcel on a weekday within Poland is:
1. Courier delivery – parcel up to 5 kg: PLN 20; parcel up to 10 kg: PLN 30. Parcels over 10 kg are charged according to the carrier’s rates.
3. For special occasions, and for an additional charge, the Shop can arrange Saturday delivery. To use this service, please contact the Shop at 22/835 58 35 to agree an individual delivery charge. Saturday delivery is available only after the option has been confirmed by the Shop*.
* This service is available in selected cities in Poland.
Payment for purchased products can be made:
Via PayU – by credit card or online bank transfer.
By bank transfer to the Shop’s account at ING Bank Śląski S.A., Warsaw Branch: 55 1050 1025 1000 0005 0228 0134, SWIFT: INGBPLPW.
In cash to the courier upon delivery – cash on delivery + PLN 9.
In cash or by payment card when collecting the goods from our sales office in Warsaw at ul. Palisadowa 3. Ordered gift sets can be collected between 9:00 and 16:00.
ORDER PROCESSING TIMES
For individual gift baskets:
• 2 working days in Warsaw,
• 3 working days for domestic shipments.
During the pre-Christmas period and for orders of more than 20 baskets, the processing time may be longer and must be agreed separately.
Orders within Warsaw are delivered by DPD or by drivers acting on behalf of the Shop.
Orders shipped outside Warsaw are delivered by FedEx or DPD. Delivery time depends on the delivery location. Courier shipments are normally delivered within 1–2 working days from the date the order is collected by the courier.
Please note: the delivery times stated above are not guaranteed and are subject to the terms and conditions of carriage of the relevant courier companies.
Shipments are delivered Monday to Friday during the hours specified in the relevant carrier’s terms and conditions, usually between 8:00 and 17:00. If the recipient is absent, after two unsuccessful delivery attempts the courier company leaves a notice asking the recipient to make contact.
We also ship internationally via Pocztex. International shipping charges are determined individually depending on the destination and the dimensions of the gift.
If a shipment is returned to the Shop because the parcel was not collected within the specified period, an incorrect delivery address was entered on the order form, or the recipient refused delivery, the Customer bears the cost of returning the order and any subsequent reshipment costs.
STORAGE
All products offered by the Shop undergo rigorous quality control. Because the gifts contain food products, they should be stored in a cool, dry place. We pack the baskets in cardboard boxes to protect them from damage during transport.
RETURNS
The Customer may withdraw from the purchase of goods within 14 days from the date of receipt of the shipment, in accordance with the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827).
To exercise the right of withdrawal, the Customer must inform the Shop (Vivat Sp. J., Zygmunta Krasińskiego 112, 05-080 Izabelin C, vivat@vivat.pl, Fax: 22 835 58 35) of their decision to withdraw from the agreement by means of an unequivocal statement, for example a letter sent by post, fax or e-mail. The Customer may use the model withdrawal form, but this is not mandatory.
Effects of withdrawal
If the Customer withdraws from the agreement, the Shop shall reimburse all payments received, including the cost of delivering the goods, without undue delay and in any event no later than 14 days from the day on which the Shop was informed of the decision to exercise the right of withdrawal. The Shop may withhold reimbursement until it has received the goods or until the Customer has supplied evidence of having sent the goods back, whichever occurs first. Reimbursement will be made using the same payment method as was used for the original transaction unless the Customer expressly agrees otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.
Returned goods must not be damaged, should be in their original packaging, and must be returned to the Shop at the Customer’s expense. The Customer is liable for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
The Shop does not accept parcels sent cash on delivery.
The right of withdrawal from an off-premises or distance contract does not apply to the Consumer in relation to contracts:
1) for the provision of services, where the trader has fully performed the service with the Consumer’s express consent, after the Consumer was informed before performance began that once the service had been fully performed by the trader, the Consumer would lose the right of withdrawal;
2) where the subject matter is a non-prefabricated item manufactured according to the Consumer’s specifications or intended to meet the Consumer’s individual needs;
3) where the subject matter is an item liable to deteriorate rapidly or with a short shelf life;
4) where the subject matter is an item delivered in sealed packaging which cannot be returned once opened for health protection or hygiene reasons, if the packaging was opened after delivery;
5) where the subject matter consists of items which, after delivery, are inseparably combined with other items because of their nature.
Download the goods return form.
• Download in DOC format (MS Word)
• Download in PDF format
COMPLAINTS
If the goods do not conform to the agreement, the goods subject to the complaint, together with a letter describing the nature of the non-conformity and the Customer’s expectations as to how the claim should be handled, should be sent to the Shop at:
Vivat Sp. j., ul. Palisadowa 3, 01-940 Warszawa (legal basis – in accordance with the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827) and the Act amending the Civil Code (Journal of Laws No. 141, item 1176, as amended)).
PERSONAL DATA
The following Privacy Policy complies with Article 13(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, GDPR). In accordance with Article 13(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we inform you that:
The controller of your personal data in our online shop is:
Vivat Sp. J. T. Krasowska, K. Krasowska-Jobda
ul. 3 Maja 41
05-080 Izabelin
e-mail: vivat@vivat.pl
telephone: 519 059 799
Your personal data is processed on the basis of Article 6 GDPR. For marketing purposes, the Data Controller relies on its legitimate interest, which includes analysing visits to the online shop, processing orders, and conducting commercial and service activities.
Each Customer has the right to access their data, supplement or correct it, delete it, and request that its processing cease. Such requests may be submitted in writing to vivat@vivat.pl or to Vivat Sp. J., ul. Palisadowa 3, 01-940 Warszawa. The Shop is not liable for damage resulting from the Customer disclosing passwords, access credentials to the specified e-mail account, or other non-public data provided for the purpose of processing the order to third parties, or where a third party has obtained such data unlawfully.
FINAL PROVISIONS
The Shop reserves the right to amend these Terms and Conditions. Amendments take effect when published on the Shop’s website. Orders placed before the amendments referred to in this section take effect will be processed under the terms applicable at the time they were placed.
Matters not regulated by these Terms and Conditions shall be governed by the applicable provisions of law, in particular the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sales and on Amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended), and the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827). These Terms and Conditions have been in force since 01.01.2013.
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