Terms & Conditions of the Online Shop voxfurniture
The owner/ seller: Meble VOX Spółka Akcyjna with its registered seat ul. Gdyńska 143, 62-004 Czerwonak (Poland), entered in the Register of Entrepreneurs kept by the District Court for Poznan-Nowe Miasto I Wilda, VIII Commercial Division of the National Court Register under the KRS number: 0001059492, Vat number: PL7820021192, REGON: 631035843, E-mail: contact@voxfurniture.com
I. Definitions
- The terms used in these Terms and Conditions shall have the following meaning:
- Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop.
- Business Days – these shall be the days from Monday to Friday, excluding public holidays.
- Civil Code – the Act of 23 April 1964.
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
- Customer – an entity making purchases in the VOX Online Store, which is a natural person having full legal capacity, a legal person, or an organizational unit without legal personality granted legal capacity by statute, concluding a Sales Agreement, or using an Electronic Service in accordance with the Terms and Conditions.
- Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
- Digital content – data produced and delivered in digital form.
- Digital service – a service that allows the Consumer to: -generate, process, store or access data in digital form; -sharing digital data that has been uploaded or generated by the Consumer or other users of this service; - Other forms of interaction with data.
- Newsletter service – the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address.
- Online Shop – an online shop available under address www.voxfurniture.com owned and operated by Meble VOX Spółka Akcyjna with its registered seat ul. Gdyńska 143, 62-004 Czerwonak (Poland), entered in the Register of Entrepreneurs kept by the District Court for Poznan-Nowe Miasto I Wilda, VIII Commercial Division of the National Court Register under the KRS number: 0001059492, Vat number: PL7820021192, REGON: 631035843, E-mail: contact@voxfurniture.com.
- Product – a movable item available in the Online Shop that is the subject of the Sale Agreement between the Customer and the Seller being paid by the Price.
- Project – interior design concept, created and saved (or modified and saved) on the Online Shop by the User using the VOXBOX tool - available and described on the Online Shop - using goods made available by VOX.
- VOXBOX – a tool available on the Online Shop for interior design; using VOXBOX you can, among other things, define the area of a room, arrange interior design items in it and create a visualization.
- Sales Agreement – a sales agreement of Products concluded between the Seller and the Customer.
- Seller – Meble VOX Spółka Akcyjna with its registered seat ul. Gdyńska 143, 62-004 Czerwonak (Poland), entered in the Register of Entrepreneurs kept by the District Court for Poznan-Nowe Miasto I Wilda, VIII Commercial Division of the National Court Register under the KRS number: 0001059492, Vat number: PL7820021192, REGON: 631035843, E-mail: contact@voxfurniture.com.
- Sending an order – validation of an order by clicking on the "" button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
- Shopping Cart – an Electronic Service made available to the Customer as part of the Online Shop, enabling easy placing of an Order for a selected number of Products, presenting a summary of the Price of individual Products and the total Price for all Products, as well as the total value of the Order.
- Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002.
- User – a natural person, of full age, with full legal capacity, using the Online Shop.
- Terms and Conditions – this document.
II. General provisions
- These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://voxfurniture.com. The Shop is operated by the Seller.
- These Terms and Conditions are always available at the website https://voxfurniture.com which allows to download, display, and record their contents by printing or saving them to a data carrier at any time.
- The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop.
- The Customer is obliged to use the Online Shop in accordance with applicable law, these Terms & Conditions, and good practice.
- The Online Shop may be used by persons who have legal capacity under the law applicable to them. Where justified by the nature or value of the transaction, the Seller may require that a Sales Agreement be concluded only by a person of full age and full legal capacity.
- Unless expressly stated otherwise, references in these Terms & Conditions to Consumers also apply to a natural person entering into a contract directly related to that person’s business activity, where such person is granted consumer protection under mandatory Polish law.
- The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Edge, Opera, enabling cookies and JavaScript in the web browser.
- Recommended technical requirements for cooperation with the ICT system include: a computer with internet access, to electronic mail, a web browser: Internet Explorer version 11 or newer, Mozilla Firefox version 93 or newer, Edge version 94 or newer, Google Chrome version 94 or newer, Safari version 14 or newer with JavaScript and cookies enabled. The recommended monitor resolution is 1280 × 720 pixels.
- In the case of offering the listed products/services, the Seller informs on the product cards and on other information pages of the store about the functionality of products with digital elements, digital content or digital services. In addition, the Seller shall inform about the applicable technical measures to protect them, as well as the relevant compatibility and interoperability of the products with digital elements, digital content or digital services.
- The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.
- The Customer is obliged to:
- provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.
- use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer.
- use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
- The price of any goods displayed on the Online Shop on the day the Customer places an order shall apply from the time the order is placed until its completion.
- All prices displayed on the Online Shop are quoted in EUR and include VAT (Value Added Tax). These prices do not include the costs of delivering the ordered goods to the address indicated by the Customer, which shall be borne additionally by the Customer in accordance with Section VII.
III. Electronic services in the Online shop
- The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
- The Seller provides the following Electronic Services:
- Account.
- Newsletter.
- Shopping Cart,
- VOXBOX;
- any additional electronic functionalities expressly described in the Online Shop.
- Using the Account is possible after completing jointly and severally the following steps by the Customer.
- completing the registration form;
- providing the required data;
- accepting these Terms & Conditions;
- clicking the registration button.
- Following the registration of the Customer Account, a customer can log in to the Online Shop, indicating the email address and password provided at the registration.
- The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
- The Seller may refuse to register an Account if the Customer violates the provisions of Section II.8 of the Terms and Conditions.
- The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including information about their current offer, promotions, discounts, and marketing campaigns,
- The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
- The Shopping Cart is an electronic service that begins when the Customer adds the first Product to the Cart. The Shopping cart is a one-time use, is provided free of charge and is terminated when the Customer places or ceases to place an Order. Depending on the available functionalities, the Shopping Cart may remember information about the Products selected by the Customer also after the end of the browser session but does not ensure the availability of products.
- The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Customer earlier terminates placing the Order through it.
- The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will be announced on the Store's website. Promotions in the Online Shop cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.
- The Customer may submit complaints relating to the provision of the electronic service via the Online Shop by sending an e-mail to: contact@voxfurniture.com. The Seller will consider the complaint immediately, no later than within 14 days counted from the day the complaint was submitted.
- The Customer may terminate with immediate effect the perpetual service for the provision of continuous electronic services at any time and without indicating reasons by sending an appropriate statement by e-mail to the following address: contact@voxfurniture.com . The Seller may terminate the Service Agreement for the following important reasons:
- the manner of using the Electronic Services is contrary to the terms and conditions and the principles and purpose of the Online Shop.
- the Customer's activity is contrary to the applicable moral norms, incites violence or committing a crime, as well as if it violates the rights of third parties.
- the Customer provides illegal content or violates the provisions of section II, section 8 of the Terms and Conditions.
- Before suspending or terminating the Account, the Seller shall, where reasonably possible and proportionate, inform the User of the reasons and allow the User to submit explanations. Immediate suspension or termination may be applied where necessary for legal or security reasons.
- A User whose Account has been suspended or terminated may submit a complaint in accordance with Section X.
- The declaration of termination of the Service Agreement submitted by the Seller will be sent to the e-mail address provided by the Customer.
- The notice period for terminating the Service Agreement for each party is 14 days. Termination of the Service Agreement by either party is tantamount to deletion of the Account.
- Either party withdrawing from the Service Agreement, or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.
IV. Product Information, Prices, Reviews, Ranking and Price Personalisation
- The Seller makes available in the Online Shop information on the main characteristics of the Products, including, where relevant, their dimensions, materials, colour variants, intended use, and assembly-related information.
- The photographs and visualisations of Products are intended to reflect the Products as accurately as possible; however, slight differences may result from the display settings of the Customer’s device or the nature of the materials used.
- Unless expressly stated otherwise, prices displayed in the Online Shop are given in EUR and include VAT.
- Product prices do not include delivery costs, carry-in costs, assembly costs or other additional charges unless expressly indicated otherwise.
- Before the Customer places an Order, the Online Shop clearly informs the Customer of:
- the total price of the Product(s);
- all additional charges, including delivery and, where selected, carry-in or assembly costs;
- where such charges cannot reasonably be calculated in advance, the fact that such charges may be payable and the method of their calculation.
- If the Seller announces a price reduction for a Product, the Seller shall display, next to the reduced price, information on the lowest price that applied to that Product during the 30 days prior to the introduction of the reduction.
- If the Product has been offered for sale for less than 30 days, the Seller shall display the lowest price that applied from the date the Product was first offered until the date of the reduction.
- The Online Shop does not provide access to Product reviews.
- If the Online Shop enables the search or ranking of Products, the Seller shall provide easily accessible information on the main parameters determining the ranking of Products and the relative importance of those parameters.
- Such information is provided in the Online Shop in connection with the search functionality.
- If the Seller applies individual price personalization based on automated decision-making, the Customer shall be clearly informed of this fact before placing the Order.
V. Orders / Sales Agreement
- The Seller enables the Customer to place an Order through the Online Shop, 24/7 through the website https://voxfurniture.com.
- The VOX Online Store offers the possibility of making a purchase in one of the following modes:
- in "Standard" mode - this mode enables the purchase of goods after prior registration in the VOX Online Store by creating My Account; during registration, the Customer provides the following personal data: name and surname, address, phone number, email address, password, payment for the ordered goods can be made by traditional bank transfer, credit card, or electronic bank transfer
- in "Quick Purchase" mode - this mode enables the purchase of goods without registering in the VOX Online Store (without creating My Account). Payment can be made by traditional bank transfer, credit card, or electronic bank transfer, The Customer provides data related to the delivery address containing the following personal data: name and surname, address, email address, phone number.
- Regardless of the purchase mode selected by the Customer, described in section 2 above, orders for goods sold in the VOX Online Store are placed by Customers by filling out a form available in the VOX Online Store.
- After completing the purchase form, selecting one of the purchase modes described in the sections above, and accepting the order summary generated for the Customer by the VOX Online Store server, the Customer makes a purchase by clicking the "I order and pay" button.
- The placement of an order by the Customer in the VOX Online Store using any of the methods specified in the sections above, combined with an order involving an obligation to pay, is equivalent to the Customer concluding a sales agreement with the Seller.
- The VAT invoice, issued as payment for goods purchased by the Customer in the VOX Online Store, will contain the data that the Customer provided when placing the order and will be sent electronically to the email address indicated by the Customer.
- By accepting the Terms and Conditions of the Store, the Customer agrees to the transmission of VAT invoices to the email address provided in the order form.
- If an order placed by the Customer cannot be executed in any part due to the unavailability of any of the products ordered by the Customer, the VOX Online Store will immediately notify the Customer of this and return to the Customer the entire sum of money it received from the Customer as payment for the unavailable product.
- Possible payment options and shipping costs are available after choosing country of destination and zip code on the Online Shop in the order placement process. The Customer has the option to review and select payment and shipping options for the order as per section VI-VII of these Terms & Conditions.
- Depending on the chosen country of delivery destination it is possible to purchase Products together with additional services as carry-in and/or assembly service. If the Customer intends to purchase the product together with the aforementioned carry in and/or assembly service, at the moment of expressing the intention by choosing the options during the purchase process, the price of the assembly/carry-in service appears in the shopping cart and is payable at the time of payment for the order.
- As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.
- Immediately after placing the order, the Customer is informed by e-mail (at the e-mail address to which the order was placed) that the order has been received by the Seller; upon its receipt by the Customer the Sales Agreement shall be concluded.
- The sales Agreement shall be concluded in English and/or the language the order was placed, the after sale communication by the Seller will be carried out in English and/or the language that order was placed.
VI. Prices and methods of payment
- The prices are provided in EUR and include VAT (Value added Taxes).
- The Customer may choose the following payment methods:
- bank transfer to the Seller’s bank account.
- payment card (Diners, Discover, JCB, Maestro, Mastercard, Visa).
- Cartes Bancaire (FR),
- EPS(AT),
- Girocard (DE),
- Bancontact (BG),
- Open banking (DE),
- Apple Pay /Google Pay,
- PayPal.
- When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
- When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
- The customer agrees that the purchase documents (invoice / receipt) for the order will be sent electronically in English and/or the language the order was placed.
VII. Delivery of the products & additional services
- Delivery of the Products is performed to the address indicated by the Customer when placing the Order. Deliveries of goods ordered via the Online Shop https://voxfurniture.com are made only within the territory of mainland territories of the following countries: Germany, Austria, Belgium, France, Bulgaria, Czech Republic, Denmark, Estonia, Spain, Finland, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Netherlands, Portugal, Romania, Sweden, Slovenia, Slovakia.
Shipping to offshore locations requires contacting Customer Service. - If for any technical reason (such as weight and/or dimensions of Product) a delivery to the address indicated by the Customer in the order form, is not supported by the delivery service providers, the Customer shall be notified immediately and the entire sum of order shall be returned to the Customer.
- The delivery costs payable by the Customer depend on the country of destination, postal code, and the weight and/or value of the products. Information regarding shipping costs is made available to the Customer after selecting the destination country and postal code on the Online Shop during the order placement process. The Customer has the option to review and select the payment and shipping options for the order.
- Delivery of the Products is carried out by the SELLER and/or the specialized carrier companies including but not limited to GLS, KUEHNE & NAGEL, AS MAX or by other carrier company as communicated to the Customer.
- On the Shop websites, in the description of the Product, the Seller informs the Customer about the number of expected Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
- The expected deadline for delivery and processing of the Order shall be calculated per Business Days. If the ordered Products have different delivery deadlines, the longest deadline shall apply to the whole Order. The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivering the Product by the carrier.
- The expected delivery date (EDD) may vary from the exact carrier scheduled delivery date which is communicated to the Customer by the carrier servicing particular order not later than 24 hours before the delivery time via SMS, e-mail or telephone contact.
- Delivery of the products is carried out as a carrier scheduled all day delivery which means that the Customer cannot book exact date and timing of the delivery but is informed about the delivery date in the manner indicated in the point 7 above.
- Depending on the country and zip code of delivery destination various options of delivery are available to the Customers meaning following:
- Standard delivery at the street level – a carrier scheduled all day delivery
- Home delivery with the carry-in service included – a carrier-scheduled all-day delivery including carry-in
- Home delivery & assembly - carry-in and assembly services included and scheduled delivery date individually arranged with the Customer.
- The carry - in service is always calculated for all items in the cart. The price of carry-in service depends on country of delivery destination and value and/or weight of the ordered items in the particular order. A partial carry – in service of the products from the order is not available. Information on the carry-in service availability and costs is available to the Customer after choosing country of destination and zip code on the Online Shop in the order placement process.
- The carry-in service includes delivery to the address specified in the order to multi-family buildings regardless of the floor level or elevator access up to the first architectural barrier. The target area should be prepared in advance with clear, unobstructed access including but not limited to sufficient doorway width, no obstacles hindering manual handling.
- The assembly service is always calculated for all items in the cart. Selecting the assembly service automatically includes the carry-in service. The price of assembly depends on the country of destination, as well as the value and/or weight of the ordered items in the specific order. A partial assembly service for the products included in the order is not available. Information on the availability and costs of the assembly service is provided to the Customer after selecting the destination country and postal code on the Online Shop during the order placement process.
- The assembly of the furniture will be carried out on the day of pre scheduled delivery as per section 9 c) above, so the Customer is obliged to prepare the workspace in the room where the furniture is to be placed accordingly.
The furniture assembly service does not include:- Attaching fittings required for hanging shelves, cabinets, or lamps to walls and ceilings,
- Attaching wall panels to walls,
- Disposal of packaging from the assembled furniture,
- Making electrical connections.
- If the Customer fails to ensure conditions necessary for the proper performance of the selected additional service, the Seller may refuse or limit the service to the extent objectively justified. This does not affect the Customer’s mandatory rights; however, the Seller may charge justified additional costs if the Customer had been clearly informed of them before conclusion of the contract.
- The risk of accidental loss or damage to the item is transferred to the Customer at the time of its delivery to the Customer. The Customer is obligated to inspect the ordered goods in terms of quantity (compliance of delivered goods with the warehouse document or order print).
- The Customer is recommended to inspect the delivered Product as soon as reasonably possible after delivery. Any identified shortages/discrepancies should be reported by the Customer via email to: contact@voxfurniture.com. no later than within 14 days from the date of receipt of the goods.
- Failure to inspect the Product upon delivery or to report irregularities immediately does not deprive the Consumer of rights arising from mandatory law, including rights relating to non-conformity of the Product with the contract.
VIII. The right to withdraw from the Agreement
- The consumer who has concluded a distance agreement can withdraw from sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs referred to in VIII.13. To keep the deadline, it is sufficient for the consumer to make a statement to the Seller before it expires.
- The statement of withdrawal from the agreement may be submitted to the Seller using the following methods:
- via email to: contact@voxfurniture.com;
- by logging into the Customer’s Account and indicating in the order history the product(s) which the Customer intends to return;
- via the link included in the order dispatch confirmation email with respect to the products included in that order;
- by filling out the form available under the link in the website footer entitled "Request return".
- The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may: withdraw from the contract using the withdrawal form attached as Appendix 1 - by sending it to the Seller's e-mail address: contact@voxfurniture.com.
- The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 2 and 3.
- The withdrawal period for the Sales Agreement shall commence:
- in the case of a Sales Agreement, on the date on which the Product is acquired by the Consumer or by a third party designated by the Consumer other than the carrier, and:
- in the case of an agreement that includes multiple Products delivered separately, in batches, or in parts – upon acquiring possession of the last Product, batch, or part; or
- in the case of an agreement based on regular delivery of Products for a fixed period of time – upon acquiring possession of the first Product;
- in the case of other agreements – from the date of conclusion of the contract.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.
- The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the returned Products to return to the consumer all payments made by him, including the costs of delivery of the Product. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
- If the Consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer. If, due to the nature of the Product, the Product cannot normally be returned by post, the Online Shop informs the Consumer, before conclusion of the contract, about the estimated cost of return or the method for calculating that cost.
- The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
- The purchased Products should be returned to the following address: Meble VOX Spółka Akcyjna, Dział Obsługi Klienta, ul. Wieleńska 2a, 64-700 Czarnków/Poland.
- The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.
- The consumer bears the direct costs of returning the Product.
- The right to withdraw from a distance agreement shall not apply to the Consumer in respect of contracts where the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or customized to satisfy their individual needs.
IX. Complaints
- In the event of non-compliance of the Product with the sale agreement, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers, unless otherwise provided by mandatory regulations in the country of origin of the Consumer in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I) (OJ EU L. 2008 No. 177, p. 6, with subsequent amendments).
- Complaints should be sent to the following address: Meble VOX Spółka Akcyjna, Dział Obsługi Klienta, ul. Wieleńska 2a, 64-700 Czarnków/Poland or via e-mail address at: contact@voxfurniture.com.
- The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt. Otherwise, the Seller shall be deemed to have acknowledged the declaration or request as justified.
- Sending or returning the Product as part of the complaint may take place to the following address: Meble VOX Spółka Akcyjna, Dział Obsługi Klienta, ul. Wieleńska 2a, 64-700 Czarnków/Poland
- It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.
- The Consumer may, but is not obliged to, attach photographs or other evidence if this may facilitate handling of the complaint.
- If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including the costs of postage, transport, labour and materials, shall be borne by the Seller. In the event that the consumer opts for the repair of the goods as a complaint remedy (rather than replacement), the period of the Seller’s liability for the lack of conformity of the goods with the contract shall be extended once by 12 months.
- The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.
- If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
- the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
- the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
- the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
- the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
- It is clear from the seller's declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.
- The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.
- The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
- In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
- The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.
- The Seller is liable for non-compliance of the Product with the Sales Agreement if the non-compliance of the Product with the Sales Agreement existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.
- The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service.
- To the extent permitted by law, the Seller displays a Harmonized Statement regarding the commercial durability warranty for that Product alongside the Product.
- Nothing in these Terms & Conditions excludes or limits any mandatory rights of the Consumer.
X. Complaints Concerning Electronic Services and Digital Services
- Complaints concerning the functioning of the Account, Shopping Cart, Newsletter, VOXBOX or other Electronic Services may be submitted by e-mail to contact@voxfurniture.com or by post to the Seller’s address.
- The complaint should, where possible, include:
- the name or identifier of the User;
- contact details;
- a description of the problem;
- the date on which the problem occurred;
- the requested action, if any.
- The Seller shall consider complaints concerning Electronic Services without undue delay, no later than within 14 days, unless a different period is required by mandatory law.
- If a Digital Service is not in conformity with the contract, the User or Consumer is entitled to remedies provided by mandatory law.
XI. Out-of-court complaint handling and redress procedures
- The Consumer may use out-of-court complaint and redress procedures where available under applicable law.
- Information on available out-of-court dispute resolution mechanisms in Poland may be obtained in particular from the competent consumer ombudsmen, Trade Inspection authorities, or other competent bodies.
- Use of out-of-court dispute resolution mechanisms is voluntary unless mandatory law provides otherwise.
XII. Terms of use of the VOXBOX application
- Registration is not required to use the VOXBOX application.
- Within the VOXBOX application, the User may in particular use the VOXBOX tool, i.e. execute, modify, save Projects and transfer them to another User for editing.
- By saving a Project in the VOXBOX application, the User declares that:
- is the creator of the Project.
- the above-mentioned Project does not infringe the rights of third parties and that the Project was created with respect for the copyrights of other persons.
- The User has full copyright associated with the Project.
- the use of the Project saved by the User by VOX and by persons indicated by VOX, as well as by Users of the Online Shop, to the extent referred to in this section, will not violate the rights of third parties.
- upon saving the Project on the Online Shop, it grants VOX and persons indicated by VOX a free, non-exclusive license, unlimited in time and territory (including in particular the territory of all European Union countries), to use the Project in all fields of exploitation indicated below and allows VOX to grant sub-licenses to use the Project to other entities, including other Users of the Online Shop, within the scope of the obtained license in the fields of exploitation indicated below;
- consents to VOX, Users and persons indicated by VOX making changes, additions, modifications and other changes to the Project and its parts.
- grants consent to other Users and VOX and persons indicated by VOX to dispose and use the Project’s developments free of charge,
- grants VOX and persons designated by VOX permission to use the Project free of charge in the following fields of exploitation:
- in the scope of recording and reproducing (copying) the Project by any technique, including in printed, electronic form, or on CD, DVD and BlueRay media and other memory media, as well as producing and reproducing products made on its basis.
- in the scope of trade in products made based on the Design - placing on the market, as well as lending or renting the original or copy of the Design, as well as products made based on it (both all their elements and each one separately);
- in the scope of making the original or a copy of the Project publicly available, including disseminating the saved Project online, in particular by publishing the Project and making it available to other Users for viewing, downloading and for creating its derivative works by Users, as well as products made on its basis (both all of its elements and each of them separately) - also within the framework of any telecommunications services using any systems and devices (including mobile phones, desktop or portable computers, as well as using all available technologies, via telecommunications data transmission networks);
- in the scope of making renderings of the Project in a manner freely chosen by VOX or by an entity authorized by it.
- in terms of making the Project available to third parties for paid or free use, in particular for rent, lease or by granting a license to use the Project or a copy thereof.
- in terms of presenting the Project and products made on its basis in the mass media,
- in the scope of using the Project, as well as products made based on it, in all promotional and advertising materials, as well as free use of the Project and products made based on it for the purposes of marketing, advertising and promotion of any products under any brand indicated by VOX.
- in the scope of entering the computer memory and storing copies of the Design and products made on its basis, recording on an optical or magnetic medium and multiplying by recording on a magnetic or optical medium in electronic form.
- in the scope of introducing in its entirety into the Internet/Intranet computer network in a way that enables transmission for reception by the interested User, including saving in RAM in the original (Polish) language version and in translation into foreign languages, together with the right to make modifications, edits and changes to the layout.
- The license and consents referred to in section above are granted free of charge, for an indefinite period. Deleting, blocking or removing the User's account does not result in the expiration of the previously granted license. In order to terminate the aforementioned license, the User should send a notice of termination to VOX sent to the registered office address: Meble VOX Spółka Akcyjna, Czerwonak (62-004), ul. Gdyńska 143 or to the e-mail address: contact@voxfurniture.com.
XIII. Force majeure
- Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to war, epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than 14 calendar days after said event occurs.
- The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
- This clause does not limit consumer rights in any way.
XIV. Protection of personal information
- The Seller processes personal data in accordance with applicable data protection law, including Regulation (EU) 2016/679 (GDPR).
- Detailed information on the processing of personal data, including:
- the identity of the controller;
- contact details of the controller and, where applicable, the data protection officer;
- purposes and legal bases of processing;
- recipients or categories of recipients of personal data;
- retention periods;
- the rights of data subjects;
- information on profiling or automated decision-making, if applicable;
- Providing personal data required during checkout is voluntary, but necessary to conclude and perform the Sales Agreement.
- Personal data necessary for the conclusion and performance of the Sales Agreement are processed on the legal bases appropriate under applicable law, in particular where processing is necessary for the performance of a contract, compliance with legal obligations, or the Seller’s legitimate interests, as described in the Privacy Policy.
- Where the law requires consent, in particular for certain marketing communications, such consent is collected separately and may be withdrawn at any time without affecting the lawfulness of processing carried out before withdrawal.
- The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
XV. Governing Law
- These Terms & Conditions and contracts concluded on their basis are governed by the law of the Republic of Poland.
- The choice of Polish law does not deprive the Consumer of the protection granted by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer has their habitual residence, where such protection applies.
- Nothing in these Terms & Conditions excludes the application of mandatory consumer protection provisions applicable under relevant European Union law.
XVI. Amendments to the Terms & Conditions
- The Seller may amend these Terms & Conditions only for valid reasons, in particular:
- changes in law;
- changes in payment or delivery methods;
- changes in the scope or manner of providing Electronic Services;
- technical or organisational changes in the operation of the Online Shop;
- the need to clarify provisions or remove ambiguities;
- the need to improve protection of Users or prevent abuse.
- Amendments may not affect rights acquired by Customers before the effective date of the amendment.
- Customers with an Account shall be informed of amendments in advance by e-mail or within the Account, no later than 14 days before the amendment takes effect, unless mandatory law requires a different notice period or an immediate amendment.
- If the Customer does not accept the amended Terms & Conditions, the Customer may terminate the agreement for the provision of the Account or other ongoing Electronic Service before the amendments take effect.
- Orders placed before the effective date of the amendments shall be governed by the Terms & Conditions in force on the date the Order was placed.
XVII. Final Provisions
- Users and Customers are prohibited from using the Online Shop in a manner contrary to applicable law and these Terms and Conditions. In particular, it is prohibited to post or upload, in any form (e.g., comments, reviews, photographs), content that:
- is of an erotic or pornographic nature;
- features or flaunts even partial nudity, or is suggestive and implicitly refers to the aforementioned content;
- violates Polish, international, or generally accepted legal and moral standards;
- depicts or promotes violence, hatred, or discrimination (on grounds of race, culture, ethnicity, religion, philosophical beliefs, etc.);
- infringes upon the rights or personal interests of others, in particular the dignity of other persons;
- contains words commonly recognized as offensive, abusive, or vulgar (content containing such language shall be removed immediately);
- constitutes spam or involves sending unsolicited commercial communications;
- involves conducting any commercial, advertising, promotional, trade, or gainful activity via the Online Shop, except where individual agreements with VOX provide otherwise;
- involves repeatedly sending the same message or multiple different messages to other Users at very short intervals (flooding);
- involves holding more than one account by the same User, as well as creating or maintaining fictitious accounts;
- involves sharing account login credentials and access data with third parties;
- involves engaging in any actions aimed at establishing contact with a minor under 15 years of age in a sexual context;
- involves engaging in any activity that may disrupt, impede, or destabilize the operation of the Online Shop, or that may expose VOX or its affiliates to an unjustified loss of reputation or goodwill.
- In the event that VOX obtains information regarding any breach of these Terms and Conditions, including the violations specified in Section 1 above, the account(s) of the User/Customer committing such violations may be immediately suspended or terminated by the Moderator.
- VOX shall not be held liable for:
- the content of messages exchanged between Customers and Users;
- any actions of the User/Customer contrary to these Terms and Conditions, as well as any damages resulting from unauthorized or non-compliant use of the Online Shop by the User/Customer;
- damages arising from the User/Customer using computer hardware and software that do not meet the requirements specified in Section 1(5) above (or in these Terms and Conditions), in particular for the compromise or takeover of the User’s/Customer’s login credentials and password by third parties as a result of a lack of effective antivirus protection on the User’s/Customer’s devices; at the same time, VOX declares that it exercises, and undertakes to exercise, all reasonable efforts necessary to ensure the proper and secure use of the Online Shop.
- All rights relating to the Online Shop—including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, forms, and logotypes—are the property of the Seller and may be used solely in the manner indicated in and consistent with these Terms and Conditions. All images, graphics, text, code, software, descriptions, data, and other materials used on or incorporated into this website are subject to intellectual property rights in Poland and the EU.
- If any provision of these Terms & Conditions is found to be invalid or ineffective in whole or in part, the remaining provisions remain in force to the fullest extent permitted by law.
- Each Customer shall be informed of any changes to these Terms and Conditions via a notice posted on the homepage of the Online Shop, presenting a list of amendments and their effective dates. Customers who possess an Account shall be additionally notified of the changes and provided with a list thereof via a message sent to their email address. The effective date of any amendment shall fall at least 14 days after its publication. If a Customer who holds a Customer Account does not accept the amended Terms and Conditions, they shall be obliged to notify the Seller thereof within 14 days of being informed of the amendment. Notification of non-acceptance of the new Terms and Conditions shall result in the termination of the Agreement.
ATTACHMENT NO 1 - TEMPLATE WITHDRAWALS FORM
[this form must be completed and returned only if you wish to withdraw from the contract]
Address:
Meble VOX Spółka Akcyjna
ul. Gdyńska 143, 62-004 Czerwonak (Poland),
E-mail: contact@voxfurniture.com.
I/We (*) hereby inform you of my/our (*) withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*).
Date of contract conclusion (*)/collection (*)
Name(s) of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) [only if the form is sent on paper]
Date
(*) delete as appropriate