I. Definitions
The terms used in the Regulations shall mean:
1. Customer – a natural person, a legal person or an organisational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order within the framework of the Store;
2) Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
3. Terms and Conditions – these Terms and Conditions for the provision of electronic services within the online shop www.thevirus.pl;
4. online shop (Store) – Internet service available at https://thevirus.pl/, through which the Customer may, in particular, place Orders;
a) The Seller – THE VIRUS Michał Aftowicz in Dzierżoniów (58-200), at ul. Batalionów Chłopskich 33 lok.1, NIP 8822072604, REGON 364050740, which is a party to contracts concluded within the scope of the Online Store (including Sales Contracts) and the administrator of the Online Store website.
5. merchandise – products presented in the Online Store;
6. contract of sale – contract of sale of Goods, as defined by the Civil Code, concluded between www.thevirus.pl and the Customer, concluded with the use of the website of the Store;
7. the Consumer Rights Act – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827);
8. the Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
9. order – Customer’s declaration of will, aiming directly at concluding the Sales Agreement, specifying in particular the type and number of Goods.
II. General provisions
1. These Terms and Conditions determine the rules for the use of the online shop available at https://thevirus.pl/.
2. These Terms and Conditions are the rules referred to in Article 8 of the Act on provision of electronic services.
3rd The online shop www.thevirus.pl, operating at the address http:// thevirus.pl/, is run by THE VIRUS Michał Aftowicz in Dzierżoniów (58-200), at ul. Batalionów Chłopskich 33 lok.1, NIP 8822072604, REGON 364050740.
Entered in the Register of Central Records and Information on Business Activity.
4. These Regulations define in particular:
– rules for registration and use of an account within the online shop;
– the terms and conditions for placing electronic Orders in the online shop;
– the principles of concluding Sales Agreements using the services provided by the Online Store.
5. The use of the online shop is possible on condition that the information and communication system used by the Customer meets the following minimum technical requirements: a device with Internet access.
6. In order to use the online shop, the Customer should on his/her own obtain access to a computer workstation or terminal device with Internet access.
7. in accordance with the applicable legal regulations, www.thevirus.pl reserves the right to restrict the provision of services via the Online Store to persons over the age of 18. In such a case, potential Customers will be notified of the above.
8 Customers may access these Terms and Conditions at any time via the link on the home page of https://thevirus.pl/ and download and print them.
III. Rules of using the Internet Shop
1. Registration with the Online Store is optional. The Customer may place an order without registering with the Store, after reading and accepting these Terms and Conditions.
Registration takes place by completing and accepting a registration form made available on one of the pages of the Shop.
Registration is conditional on agreeing to the content of the Rules and Regulations and providing personal data marked as obligatory.
www.thevirus.pl may deprive the Customer of the right to use the Internet Store, as well as restrict its access to some or all of the resources of the Internet Store, with immediate effect, in the event of a breach of the Rules by the Customer, and in particular if the Customer
– provided, during registration in the Internet shop, data which is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
– has violated the personal rights of third parties, in particular the personal rights of other customers of the online shop, by means of the online shop
– commits any other behaviour, which will be considered by www.thevirus.pl as violating the applicable laws or general rules for the use of the Internet or harming the reputation of www.thevirus.pl.
A person who has been deprived of the right to use the online shop may not register again without the prior consent of www.thevirus.pl.
2. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organisational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted on the Internet.
3. In particular, the customer is obliged to:
– not provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
– use the Internet Shop in a manner not disruptive to its operation, in particular by using specific software or devices,
– not to undertake actions such as: sending or posting unsolicited commercial information (spam) within the scope of the Internet Shop,
– use the Internet Shop in a manner not disruptive to other customers and www.thevirus.pl,
– use any content placed in the Internet Shop only for personal use,
– use the Internet Store in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions of Use as well as with the general principles of Internet use.
IV. Procedure for conclusion of a Sales Contract
1. In order to conclude a Sales Agreement through the Online Store, you should enter the website https://thevirus.pl/, make a selection, taking subsequent technical actions based on the messages displayed to the Customer and information available on the website.
2. The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.
During the process of placing the Order – until the moment of pressing the button confirming the Order – the Customer has the possibility of modifying the data entered and the selection of the Goods. To do so, the Customer must follow the messages displayed to him/her and the information available on the site.
After the Customer has entered all the necessary data in the On-line shop, a summary of the Order is displayed.
Order. The Order summary shall contain, inter alia, a description of the selected goods or services, the total price and all other costs.
5. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the Order.
6. Information about the Goods given on the websites of the Store constitutes an offer within the meaning of Article 66 of the Civil Code. The Customer’s sending of the Order constitutes a declaration of will to conclude a Sales Agreement with www.thevirus.pl, in accordance with the content of the Regulations.
The contract is considered concluded at the moment the Customer’s Order is entered into the IT system of the Internet Shop, provided that the Order complies with the Regulations. Upon conclusion of the contract, the Customer receives an e-mail message containing confirmation of all material elements of the Order.
7. The contract of sale is concluded in the Polish language, with the content compliant with the Regulations.
V. Delivery
1. Delivery of the Goods shall be limited to the European Union and shall take place to the address indicated by the Customer in the course of placing the Order.
2. The delivery of the ordered Goods is carried out by:
– Courier company
– Paczkomaty
It is possible to collect the ordered goods in person in our shop.
3. Delivery time is a maximum of 2 working days from dispatch of the parcel.
4. Customers may access these Terms and Conditions at any time via the link on the home page of https://thevirus.pl/ and download and print them.
Recording, securing, making available and confirming to the Customer the material provisions of the Agreement for the sale of the Goods shall be performed by sending to the Customer at the e-mail address provided and by enclosing to the parcel containing the Goods a printout of the confirmation, the Order specification and the VAT invoice.
VI. Prices and payment methods
1. The prices of the Goods are quoted in Polish zloty, in Euros, and include all components, including VAT (distinguished by the rate), customs duties and any other components.
2. The Customer has the option to pay the price:
– cash on delivery (option available for shipping goods to Poland, additional fee for cash on delivery payment is 5 PLN)
– payment card via DOTPAY service
– online transfer
– via PAYPAL service
VII. Right of withdrawal
1. A consumer who has entered into a remote contract may, within 14 days, withdraw from the contract without giving any reason and without incurring costs (except for costs arising from generally applicable laws).
2. The period for withdrawal from the contract shall begin:
a. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership – from the taking of possession of the Product by the Consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which:
– includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part,
– involves the regular delivery of a Product for a fixed period – from taking possession of the first Product;
b. for other contracts – from the date of conclusion of the contract.
3. The consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. The statement can be made using the form attached as Appendix No. 1 to the Terms and Conditions or using the form made available within the Online Store (tab: “Returns and exchanges”). The use of these forms is not mandatory.
4. To meet the deadline it is sufficient to send the statement before its expiration.
5. the declaration of withdrawal from the contract may be submitted, for example:
a. in writing to the address: THE VIRUS Michał Aftowicz in Dzierżoniów (58-200), at ul. Batalionów Chłopskich 33 lok.1,
b. in electronic form by sending an e-mail to: office@thevirus.pl;
6. The Seller shall immediately send to the Consumer on a durable medium confirmation of receipt of the statement of withdrawal from the contract made electronically.
7. In the case of withdrawal from the contract concluded remotely, the contract shall be considered not concluded.
8. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Product. The Seller will refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for him. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of payments received from the Consumer until it receives the Product returned or the Consumer provides proof of its return, whichever event occurs first.
9. If the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller will not reimburse the Consumer for the additional costs incurred by the Consumer.
10. The Consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Seller indicates the following address for returning the Product:
THE VIRUS Michał Aftowicz in Dzierżoniów (58-200), at ul. Batalionów Chłopskich 33 lok.1,
The Consumer shall bear only the direct costs of returning the Product, unless the Seller has agreed to bear them.
11. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
12. The right of withdrawal from a contract concluded at a distance does not apply to contracts:
a. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
b. in which the subject of the provision is a non-refabricated thing, produced to the Consumer’s specifications or serving to meet his individualized needs;
c. in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
d. in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
e. in which the subject of the service are things which, after delivery, due to their nature, become inseparably connected with other things;
f. concluded through a public auction;
g. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Entrepreneur has informed him of the loss of the right of withdrawal.
13. The rights of the Consumer referred to in this paragraph above shall also apply to an individual who concludes a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Whenever the wording of this paragraph refers to a Consumer, it shall also be understood to mean the natural persons referred to in the preceding sentence.
VIII. Complaints about Goods
1. The Virus shall be liable to the Customer if the goods (Product) do not comply with the contract. The principles of the Seller’s liability are set forth in the Consumer Rights Act.
2. The Virus shall deliver the Product without defects.
3. The Virus shall be liable for the lack of conformity of the Product with the contract existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Product for use, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
4. In order to report the Product’s non-conformity with the contract (filing a complaint), it is recommended that the Customer: (1) describe the defect and provide the date on which it was discovered, (2) make a selected demand to bring the Product into conformity with the contract or make a statement on price reduction or withdrawal from the contract, (3) demonstrate the conclusion of the Sales Contract with the Seller (e.g. provided the Order number, attached a copy of the receipt or VAT invoice, attached a printout of the payment card), (4) provided contact information, and (5) the preferred method of notification of complaint processing (e.g. e-mail or SMS). The recommendations referred to in the preceding sentence are not a condition for filing a complaint.
5. If the Product is not in conformity with the contract, the Customer may demand: (1) replace the Product, (2) remove the defect, and is also entitled to: (3) make a statement of price reduction or (4) withdraw from the contract. Detailed rules for the use of these rights, including restrictions on their use, as well as the powers of the Seller, are set forth in the Law on Consumer Rights.
6. In order to process a complaint, it is recommended to deliver the Product to the Seller so that the Product can be examined. The Product should be delivered to any of the Seller’s stationary Store (the current list of stores is made available within the Online Store) or sent to the address:
THE VIRUS Michał Aftowicz in Dzierżoniów (58-200), at ul. Batalionów Chłopskich 33 lok.1,
7. The Virus shall respond to the Customer’s complaint immediately, no later than within 14 days of receipt.
8. Additional information about complaints regarding non-compliance of the Product with the contract (including the fastest methods of filing a complaint) can be found in the “Complaints” tab, available on the Online Store.
9. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty is excluded with respect to a Customer who is neither a Consumer nor a natural person entering into a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Whenever the wording of this paragraph refers to a Consumer, it shall also be understood as the natural persons referred to in the preceding sentence.
IX. Complaints regarding the provision of electronic services
1. www.thevirus.pl takes steps to ensure the proper operation of the Store to the extent that results from current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable period of time.
2. The Customer is obliged to immediately notify www.thevirus.pl of any irregularities or interruptions in the functioning of the Online Store service.
3. Irregularities related to the functioning of the Shop, the Customer may report in writing to the address: THEVIRUS, Dzierżoniów (58-200), ul. Batalionów Chłopskich 33 lok.1.
4. In the complaint, the Customer should give his/her name, address for correspondence, type and date of occurrence of irregularities related to the functioning of the Store.
5. www.thevirus.pl undertakes to consider every complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be considered.
X. Final provisions
1. Settlement of any disputes arising between www.thevirus.pl and a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code shall be submitted to the competent courts in accordance with the provisions of the applicable provisions of the Civil Procedure Code.
2. Settlement of any disputes arising between www.thevirus.pl and a Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be submitted to the court having jurisdiction over the seat of www.thevirus.pl.
3. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on provision of services by electronic means and other relevant provisions of Polish law shall apply.