Store regulations

Terms and Conditions of the Online Store voxtravel.pl

1. Definitions

• Contact Form: A form available on the website voxtravel.pl that allows sending messages to the Service Provider.

• Order Form: A form available on the website voxtravel.pl that enables placing an Order.

• Client: A person who uses the functionalities of the Online Store and intends to enter into or has entered into a Sales Agreement with the Service Provider.

• Consumer: A natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity.

• Product: A physical product, goods with digital elements, digital content, or digital service available in the Online Store, which is the subject of the Sales Agreement between the Client and the Service Provider.

• Terms and Conditions: These terms and conditions of the Online Store.

• Entrepreneur with Consumer Rights: A natural person entering into a contract with the Company for the provision of services within the Portal directly related to their business activity, when the content of this contract indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Registration and Information on Business.

• Online Store: The Service Provider’s online store operating at voxtravel.pl.

• Service Provider: Kyber, Żołnierska 10/11, 10-559 Olsztyn, Poland, NIP 7392500237, REGON: 368795112.

• Sales Agreement: A contract for the sale of a Product concluded between the Client and the Service Provider via the Online Store.

• Electronic Service: A service provided electronically by the Service Provider to the Service Recipient via the Online Store.

• Service Recipient: A natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, using the Electronic Service.

• Order: A declaration of the Client’s will constituting an offer to conclude a Sales Agreement for the Product with the Service Provider.

• Contact Point: Allows direct contact between the Service Recipient and the Service Provider and enables the Service Provider to contact EU bodies: rafal@voxtravel.pl.

2. General Provisions

These Terms and Conditions define the conditions for concluding Sales Agreements for Products, the complaint procedure, conditions for withdrawal from Sales Agreements, and the types and scope of services provided electronically by the Online Store operating at voxtravel.pl, the rules for providing these services, and the conditions for concluding and terminating contracts for the provision of electronic services.

Each Service Recipient, upon undertaking activities aimed at using the services of the Online Store voxtravel.pl, is obliged to comply with the provisions of these Terms and Conditions.

In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular:

• The Act on the Provision of Electronic Services of July 18, 2002,

• The Consumer Rights Act of May 30, 2014,

• The Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,

• The Act on Counteracting Unfair Market Practices of August 23, 2007,

• The Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

The Service Provider has designated an electronic Contact Point related to the Online Store intended for direct communication with the authorities of member states, the Commission, the Digital Services Council: rafal@voxtravel.pl. The same Contact Point may be used by the Service Recipient for direct and rapid communication with the Service Provider. Communication is conducted in Polish.

3. Conclusion of the Sales Agreement

The Online Store voxtravel.pl sells Products via the Internet.

Products are free from physical and legal defects. Information regarding the functionality or significant compatibility and interoperability of Products that are goods with digital elements, digital content, or digital services is included in the offer of the given Product in the Online Store.

Information on the Online Store’s website does not constitute an offer within the meaning of applicable law. By placing an Order, the Client submits an offer to the Service Provider to purchase a specific Product under the conditions specified in the Product description in the Online Store.

Product prices visible in the Online Store include all components of the price, including VAT, excluding delivery costs.

The Product price displayed on the Online Store’s website is binding at the time the Client places the Order. Any changes in Product prices in the Online Store, including promotions and discounts that occur after the Order date, do not affect the price established in the Order placed by the Client.

Orders can be placed online by completing the Order Form.

To place an Order in the Online Store, the Client must read and accept the provisions of these Terms and Conditions during the Order placement.

If the Service Provider is forced, before commencing the execution of the Sales Agreement, for reasons beyond their control, to change significant terms of the Sales Agreement with the Client, they shall immediately inform the Client.

In the situation referred to above, the Client has the right to:

• Accept the proposed changes to the Sales Agreement by the Service Provider or

• Withdraw from the Sales Agreement with an immediate refund of all payments made by the Client and without the obligation to pay any contractual penalty.

The Client is obliged to inform the Service Provider of their decision immediately. Order execution will be suspended until information is received from the Client.

In the event of withdrawal from the Sales Agreement as described above or if the Service Provider cancels the execution of the Sales Agreement for reasons beyond the Client’s control, the Client is entitled to an immediate refund of the entire amount paid to the Service Provider.

4. Methods of Concluding the Sales Agreement

The Sales Agreement is concluded when the Client places an Order via easycart (by clicking the “Order and Pay” button or another with similar meaning), unless otherwise stated in the Product description in the Online Store.

If, at the Client’s explicit request, the provision of the service is to begin before the withdrawal period expires, the Service Provider requires the Client to submit a statement:

• Containing such an explicit request

• Acknowledging the information about the loss of the right to withdraw from the Sales Agreement upon its full performance by the Service Provider

After placing the Order, the Service Provider shall promptly confirm its receipt and acceptance of the offer by sending an email to the address provided by the Client in the Order Form.

The Order confirmation includes:

• Confirmation of all significant elements of the Order,

• The content of these Terms and Conditions in PDF format,

• Information on the right to withdraw from the agreement or information about the Client’s consent to the delivery of digital content under circumstances causing the loss of the right to withdraw from the Sales Agreement.

Each Sales Agreement will be confirmed with an appropriate proof of purchase, which will be attached to the Product and/or sent via email to the Client’s email address provided in the Order Form.

The Service Provider delivers the Product to the Client promptly after concluding the Sales Agreement and recording or confirming the payment of the Product price by the Client.

5. Payment Methods

The Service Provider has entrusted the handling of the Product order process, including payment processing for Products and the fulfillment of obligations mentioned in §3 and §4 above, to the entity operating the Easytools service available at easy.tools/pl. The entity operating Easytools acts in this regard on behalf of and for the Service Provider.

The Service Provider allows payment for the Order via payment methods available in Easytools, which uses the Stripe operator for payment processing.

After completing the Order in the Online Store, to process it, including payment, upon clicking the appropriate button, the Client will be redirected to the appropriate Easytools subpage.

To use all Easytools functions, including purchasing Products from the Service Provider via Easytools, the User must register with Easytools, i.e., create an Account and follow the easycart regulations available at easy.tools/pl/regulamin-kupujacych.

In the case of payment via an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish and foreign banks.

The Client is obliged to pay the price under the Sales Agreement within 3 business days from its conclusion unless the Sales Agreement states otherwise.

The service will be performed only after it has been paid for.

6. Product Complaints

The basis and scope of the Service Provider’s liability towards the Client are defined in Articles 43a and subsequent of the Consumer Rights Act.

Product complaints should be submitted by the Client to the Service Provider via email to: rafal@voxtravel.pl or in writing to the address of the Service Provider indicated in §1(9) of the Terms and Conditions.

The complaint should include as much information and circumstances as possible regarding the subject of the complaint, particularly the type and date of the defect and the Client’s contact details.

The Service Provider shall respond to the Client’s request without delay, no later than within 14 days from the date the complaint is submitted.

If the complaint is submitted by a Consumer or an entity referred to in §7(9) of the Terms and Conditions, and it is not processed within 14 days, the complaint is considered accepted.

The response to the complaint shall be delivered using the communication channel specified by the Client in the complaint submission.

7. Right of Withdrawal from the Contract

Subject to paragraph 7 below, the Client has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of the Sales Agreement conclusion, in accordance with Articles 27 and subsequent of the Consumer Rights Act.

To exercise the right of withdrawal, the Client must inform the Service Provider of their decision.

The Client may use the model withdrawal form provided as an appendix to the Terms and Conditions.

To meet the withdrawal deadline, it is sufficient for the Client to send the withdrawal notice to rafal@voxtravel.pl or the address specified in §1(9) of the Terms and Conditions before the withdrawal period expires.

The Service Provider shall refund all payments received from the Client without undue delay and no later than 14 days from the day it was informed of the Client’s withdrawal, unless the Client exercises the right of withdrawal after making a request as mentioned in §4.1 – in that case, the Client must pay for the services provided until the withdrawal.

Refunds will be issued using the same payment method used by the Client, unless the Client agrees to another method.

The right of withdrawal does not apply to contracts:

• for services for which the Client is required to pay, if the service has been fully performed with the Client’s prior explicit consent, who was informed they would lose the right of withdrawal once the service is fully provided;

• where the price depends on fluctuations in the financial market beyond the control of the Service Provider;

• for non-prefabricated goods made to the Client’s specifications or serving their individual needs;

• for perishable goods or goods with a short shelf life;

• for goods delivered in sealed packaging that cannot be returned once opened for health or hygiene reasons;

• for goods inseparably mixed with other items after delivery;

• for audio or video recordings or software delivered in sealed packaging once opened;

• for newspapers, periodicals, or magazines, except for subscription contracts;

• for accommodation, transport, car rental, catering, or leisure services if the contract specifies a date or period of service;

• for the delivery of digital content not supplied on a tangible medium if the performance began with the Client’s prior consent and acknowledgment that they would lose their right of withdrawal.

The right of withdrawal from the Sales Agreement applies to both the Client and the Service Provider.

A sole trader acting as a consumer is covered by the protections provided by relevant laws, provided that the Sales Agreement or Electronic Services Agreement does not relate to their professional activity.

Such a sole trader retains protection only in respect of:

• prohibited contractual clauses (abusive clauses);

• liability for physical or legal defects of the Product under §6;

• the right to withdraw from a distance contract under §7.

They lose consumer protection if the Sales Agreement is of a professional nature, as reflected by their business activity recorded in the Central Register and Information on Economic Activity.

8. Type and Scope of Electronic Services

Through the Online Store, the Service Provider enables the use of the following Electronic Services:

• conclusion of Sales Agreements for Products;

• sending messages via the Contact Form.
  
  Electronic Services are provided according to these Terms and Conditions.
  
  The Service Provider reserves the right to include advertising content on the Online Store website. Such content forms an integral part of the Online Store.

9. Terms of Providing and Concluding Contracts for Electronic Services

Electronic Services are provided free of charge.

The duration of the agreement:

• the agreement for submitting an Order through the Online Store is concluded for a definite period and ends when the Order is submitted or abandoned;

• the agreement for sending a message via the Contact Form is also concluded for a definite period and ends when the message is sent or abandoned.

Technical requirements:

• a computer (or mobile device) with Internet access;

• access to email;

• a web browser;

• enabled Cookies and JavaScript in the browser.

The Client is obliged to:

• use the Online Store lawfully and ethically, respecting personal rights and intellectual property;

• provide accurate data;

• refrain from submitting unlawful content, especially via the Contact or Order Forms.

The Service Provider reserves the right to monitor content posted by Users and take actions to remove any such content.

Users may report illegal or Regulation-violating content via the Contact Form (“Report”).

The Service Provider will review each Report within thirty (30) days of receipt with due diligence and in an objective, non-arbitrary manner.

The decision will be communicated without undue delay to the reporting User. If contact data is available, the Service Provider will also inform the User responsible for the content.

If content is removed by an automated decision, the User will be notified and may appeal.

Possible actions include:

• limiting content visibility, removal, or de-ranking;

• suspending or terminating Electronic Services;

• suspending or blocking the User’s account;

• rejecting the Report as unfounded.
  
  Users may appeal within fourteen (14) days of receiving a decision.
  
  The Service Provider will process appeals within fourteen (14) days.

10. Complaints Related to the Provision of Electronic Services

Complaints regarding Electronic Services may be submitted via email to: rafal@voxtravel.pl or to the address specified in §1(9) of the Terms and Conditions.

The complaint should include as much detail as possible, particularly the type and date of the issue and contact information.

The Service Provider shall respond promptly, but no later than 14 days after receiving the complaint.

If the Client is a Consumer or an entity as defined in §7(9), failure to respond within 14 days shall be deemed acceptance of the complaint.

The response will be sent using the communication method indicated by the Client.

11. Intellectual Property

All content on the Online Store is protected by copyright and owned by the Service Provider.

Any use of such content without the express written consent of the Service Provider constitutes a violation of copyright and may result in civil and criminal liability.

12. Product Reviews

The Online Store does not allow for the publication of product reviews.

13. Final Provisions

Contracts concluded through the Online Store are governed by Polish law.

If any provision of these Terms and Conditions is inconsistent with the law, the relevant provisions of Polish law shall apply instead.

Disputes arising from Sales Agreements shall first be resolved through negotiation and, if unsuccessful, by a competent common court.

Dispute resolution:

• Disputes involving Consumers or entrepreneurs as per §7(9) shall be handled by courts competent under the Code of Civil Procedure;

• Disputes involving entities not falling into the above categories shall be handled by the court with jurisdiction over the Service Provider’s registered office.

Consumers also have the right to resolve disputes out of court by:

• applying for mediation or to an arbitration court (form available at http://www.uokik.gov.pl/download.php?plik=6223);

• using local consumer ombudsmen or NGOs with consumer protection mandates;

• submitting complaints via the EU ODR platform at http://ec.europa.eu/consumers/odr/.

The Service Provider commits to informing Users of any significant changes to these Terms and Conditions.

Annex – Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract, especially in reference to §4.)

Addressee:

Kyber, Żołnierska 10/11, 10-559 Olsztyn, Poland

NIP: 7392500237, REGON: 368795112

Email: rafal@voxtravel.pl

I/We() hereby give notice that I/we() withdraw from my/our() contract of sale for the following goods()/for the supply of the following goods()/for the provision of the following service():

[Specify the goods/services]

Date of conclusion of the contract()/receipt():

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is sent in paper form):

Date:

(*) Delete as appropriate.