Regulations of the online store
1. The online shop The Best Things of Vietnam, available at www.thingsofvietnam.com is established by Lukasz Latocha, running the business under the name The Best Things of Vietnam.
2. These regulations are addressed toConsumers and determine the rules and procedure for concluding a Distance Selling Agreement with theConsumer via the Store.
1. Consumer – a natural personconcluding an agreement with the Seller as part of the Store, the subject of which is not directly related to itsbusiness or professional activity.
2. Seller – a natural person running a business under the name The Best Things of Vietnam.
3. Client – any entity making purchases through the Store.
4. Entrepreneur – a natural person, alegal person and an organizational unit that is not a legal person, the separate law of which grants legalcapacity, performs in its own name an economic activity that uses the Store.
5. Shop – online store run by the Seller at the address www.thingsofvietnam.com
6. Distance contract – an agreementconcluded with the Client under an organized system of concluding distance contracts (as part ofthe Store), without the simultaneous physical presence of parties, with the exclusive use of one or moremeans of distance communication up to and including the time at which the contract is concluded.
7. Regulations – these Regulations of the Store.
8. Order – Customer’s declaration ofintent submitted via the Order Form and aiming directly at concluding a Product or Products Sales Agreement with theSeller.
9. Account – customer account in theStore, where it stores data provided by the customer and information about orders placed by him in the store.
10. Registration form – a form available in the Store, enabling the creation of an Account.
11. Order form – an interactive formavailable in the Store that allows placing an Order, in particular by adding Products to the Cart anddefining the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of theStore’s software in which the Products selected for purchase are visible, and it is also possible todetermine and modify the Order data, in particular, the quantity of products.
13. Product – a movable item / a serviceavailable in the Store is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a purchase-salecontract concluded between the Customer and the Seller via the Online Store. The Sale Agreementalso means – applying to the Product features – a contract for the provision of services and a contract forspecific work.
Contact with the store
1. Seller’s address: Roosendaal 4703JV, Weissenbruchstraat 18
2. Seller’s e-mail address: [email protected]
3. Seller’s telephone number: (0031) 614153181
4. Seller’s bank account number: NL86INGB0001387609
5. The Customer may communicate withthe Seller using the addresses and telephone numbers provided in this paragraph.
6. The customer can communicate by phone with the Seller between 08:00 and 15:00
To use the Store, including viewing the Store’s assortment and placing orders for Products, you will need:
a. terminal device with access to theInternet and a Google type of browser,
b. active e-mail account,
c. enabled cookies files,
d. FlashPlayer installed.
1. Seller in the widest extentpermitted by law is not responsible for disruptions in this interruption in the functioning of the Store caused byforce majeure, unlawful activities of third parties or incompatibility of the Online Store with thetechnical infrastructure of the Customer.
2. Browsing the Store’s assortment doesnot require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible either after creating an Account in accordance with the provisions of *6 of the Regulations or by providing thenecessary personal and address details enabling the Order to be completed without creating an Account.
3. The prices in the store are given in Euro and are gross prices (including VAT).
4. The final amount to be paid by theCustomer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages whenplacing the orders, including the moment of expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreementincluding subscription or provision of services for an indefinite period, the final price is the total price including allpayments for the settlement period.
6. When the nature of the subject ofthe Agreement does not allow, judiciously rate, for the advance calculation of the final price,information on how the price will be calculated, as well as the charges for transport, delivery, postal services, andother costs, will be provided in the Store in the description of the Product.
Creating an account in the Store
1. To set up an Account in the Store,you must complete the Registration Form. It is necessary to provide the following details: name, last name,date of birth, e-mail address and password.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password set in the Registration form.
4. The Customer may at any time,without giving any reason and without incurring any fees, remove the Account by sending a relevant request tothe Seller, in particular via e-mail or in writing to the addresses provided in *3
Guidelines for placing an order
In order to place an order you need:
1. log in to the Store (optional);
2. choose the Product that is the subject of the Order, and then click “Add to cart” button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if you have chosen to place an Orderwithout registration – fill out the Order Form by entering the details of the order recipient andthe delivery address of Product, choose the type of shipment (method of delivery of the Product), enterthe invoice details if different from the recipient’s details,
5. click the “Order and pay” button and confirm the order by clicking the link sent by email,
6. choose one of the available paymentmethods and depending on the method of payment, pay for the order within a specified time frame, with subject to *8 point 3.
Delivery and payment methods
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Parcel post,
b. Courier shipment,
2. The customer can use the following payment methods:
a. Payment by transfer to the Seller’s account
b. Electronic payments
c. Payment by credit card.
3. Detailed information about deliverymethods and accepted payment methods can be found on the Store’s website.
Execution of a Sales Agreement
1. The conclusion of the SalesAgreement between the Customer and the Seller takes place after the Customer has placed the Orderusing the Order Form in the Online Store in accordance with *7 of the Regulations.
2. After placing the Order, the Sellerimmediately confirms its receipt and at the same time accepts the Order for execution. Confirmation ofreceipt of the Order and its acceptance for implementation shall ake place by sending an e-mail by theSeller to an e-mail address provided by Customer at the time of placing the Order, which at least contains the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of theconclusion of the Sales Agreement. Upon receiptof the above e-mail by the Customer, a Sales Agreement is concluded between theCustomer and the Seller.
3. In the case of choosing by the customer:
a. payment by bank transfer, electronicpayment or payment by credit card, the Customer is obliged to make payment within 3 calendar daysfrom the date of the Sale Agreement – otherwise, the order will be canceled.
4. The Product will be sent by theSeller within the time specified in its description (with subject to section 5 of this paragraph), in the manner chosen by theCustomer when placing the Order.
A) In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
B) In case of ordering Products withdifferent delivery times, the Customer has the option to request delivery of Products in parts orto deliver all Products after completing the entire order.
6. The beginning of the delivery period of the Product to the Customer counts as follows:
a. in the case Customer selects the methodof payment by bank transfer, electronic payments or by credit card – from the day of crediting the Seller’s bankaccount.
7. The delivery of the Product takes place within the European Union.
8. The delivery of the Product to theCustomer is payable unless the Sales Agreement provides otherwise. The delivery costs of the Product (includingcharges for transport, delivery, and postal services) are indicated to the Customer on the Online Storewebsite in the “Delivery costs” tab and during the Order placement, including the moment ofexpressing the will by Customer to be bound by the Sales Agreement.
The right to withdraw
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period of time specified inparagraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated byhim.
3. In the case of an Agreement thatincludes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1begins from the delivery of the last item, batch or part.
4. In the case of the Agreement, whichconsists in regular delivery of Products for a specified period of time (subscription), the date specifiedin paragraph 1 begins from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline forwithdrawal from the Agreement, it is sufficientfor the Consumer to send a statement before the expiry of that period.
6. The statement may be sent bytraditional post or by e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on theSeller’s website – the Seller’s contact details are specified in*3. The statement may also be submitted on the form, the example of which isattached in Annex 1 to theseRegulations and an attachment to the Act of 30 May 2014 on consumer rights, butit is not mandatory.
7. In the case of sending a statement bythe Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receiptof the statement on withdrawal from the Agreement to an e-mail address provided by the Consumer.
8. Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Distance Contract, the Agreement shall be considered void.
b. In the case of withdrawal from the Agreement,the Seller shall promptly return to the Customer, not later than within 14 days from the date ofreceipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him,including the cost of delivering the item, except for additional costs resulting from the method ofdelivery chosen by the Consumer, other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement will be made bythe Seller using the same payment methods that were used by the Consumer in the original transactionunless the Consumer has explicitly agreed to another solution, which will not entail any costs forhim.
d. The Seller may withhold the returnof the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
e. The Consumer should return theProduct to the address of the Seller specified in these Regulations immediately, no later than 14 daysfrom the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will berespected if the Consumer returns the Product before the expiry of the 14-day period.
f. The Consumer bears direct costs ofreturning the Product, including the cost of returning the Product, if due to its nature, the Product could not besent back by regular post.
g. The Consumer is only liable for adecrease in the value of the Product resulting from the use of it in a different way than was necessary todetermine the nature, characteristics, and functioning of the Product.
9. If due to the nature of the Product,it cannot be sent back by regular post, information about this, as well as the cost of returning the Product, will beincluded in the description of the Product in the Store.
10. The right to withdraw from a distancecontract is not entitled to the Consumer in relation to the Agreement:
a. in which the subject of the serviceis a non-prefabricated item, manufactured according to the Consumer’s specification or serving tosatisfy his individual needs,
b. in which the object of the serviceis an item delivered in a sealed package, which after opening the packaging cannot be returned due tohealth protection or hygiene reasons if the packaging was opened after delivery,
c. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life.
d. for the provision of services, ifthe Seller has fully performed the service with the express consent of the Consumer, who was informed before the servicecommences that after fulfilling the service by the Seller, he will lose the right to withdraw from theAgreement,
e. in which the price or remunerationdepends on fluctuations in the financial market, over which the Seller has no control, and whichmay occur before the deadline for withdrawing from the Agreement,
f. in which the subject of the serviceare things that after delivery, due to their nature, are inseparably connected with other things,
g. in which the object of the serviceare alcoholic beverages, the price of which was agreed at the conclusion of the Sale Agreement, and whichdelivery may take place only after 30 days and whose value depends on fluctuations in the market over whichthe Seller has no control,
h. in which the object of the service are sound or visual recordings or computer software delivered in a sealed package if the packaging hasbeen opened after delivery,
i. for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for delivery of digital contentthat is not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before thedeadline to withdraw from the contract and after informing himm by the Seller about the loss of the right towithdraw from the Agreement,
Complaint and warranty
1. The New Products are covered by the Sale Agreement.
2. The Seller is obliged to provide the Customer with a Product free from defects
3. In the case of a defect purchased goodsfrom the Seller, the Customer has the right to make a complaint based on the provisions regarding thewarranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liabilityunder the warranty.
4. Complaints should be reported inwriting or electronically to the addresses of the Seller provided in these Regulations.
5. It is recommended that the complaintinclude a concise description of the defect, circumstances (including date) of its occurrence, personaldetails of the Customer submitting the complaint, and the Customer’s request due to the defect of thegood.
6. The Seller will respond to the claimimmediately, no later than within 14 days, and if he does not do so within this period, it is considered thatthe Customer’s request was considered justified.
7. Goods returns as part of thecomplaint procedure should be returned to the address given in *3 of these Regulations.
8. In the case the product has been granteda guarantee, information about it and its content will be included in the description of the Product in the Store.
Non-judicial methods for dealing with complaints and redress
1. Detailed information on theConsumer’s use of non-judicial complaint and redress methods as well as rules on access to these procedures areavailable at the premises and on the websites of district (municipal) consumer ombudsmen, socialorganizations whose statutory tasks include consumer protection, Provincial Inspectorates of the TradeInspection and under the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. The Consumer has the followingexemplary possibilities to use non-judicial means of dealing with complaints and redress:
a. The Consumer is entitled to apply toa permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the TradeInspection (Journal of Laws from 2014, item 148, as amended), with a request to settle the disputearising from the Contract concluded with the Seller.
b. The Consumer is entitled to apply tothe provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the TradeInspection (Journal of Laws from 2014, item 148, as amended), with a request to initiate mediation proceedingsregarding the amicable settlement of the disputebetween the Consumer and the Seller.
c. The Consumer can get freeassistance in settling the dispute between him and the Seller, by using also the free help of the district (municipal)consumer ombudsman or social organization, whose statutory tasks include consumer protection (including theConsumer Federation, Association of Polish Consumers).
Personal data in the Online Store
1. The Administrator of Customers personal data collected via the Online Store is the Seller.
2. Customers’ personal detailscollected by the Administrator via the Online Store are collected in order to implement the Sales Agreement, and if theCustomer agrees – also for marketing purposes.
3. The recipients of personal details of the Online Store customers may be:
a. In the case of the Customer who usesthe Online Store with the method of delivery by post or courier, the Administrator provides the collectedpersonal details of the Customer to a selected carrier or intermediary performing the shipment atthe request of the Administrator.
b. In the case of a Customer who usesthe Online Store with the method of electronic payments or with card payments, the Administratorprovides the collected personal details of the Customer to the selected entity servicing the abovepayments in the Online Store.
4. The customer has the right to access their details and correct them.
5. Providing personal details isvoluntary, but failure to provide the personal details specified in the Regulations necessary to concludea Sales Agreement results in the inability to conclude this contract.
1. Contracts concluded via the Online Store are concluded in English.
2. Seller reserves the right to makechanges to the Regulations for important reasons, it is: changes in the law, changes in methods of payment anddelivery – to the extent to which these changes affect the implementation of the provisions ofthese Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
3. In matters not covered by theseRegulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act onthe provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Details.
4. The customer has the right to usenon-judicial means of dealing with complaints and redress. To this end, it may lodge a complaint via theEU ODR online platform at http://ec.europa.eu/consumers/odr/.