General Terms and Conditions of Sale for Customers

§ 1 General Provisions

1. These General Terms and Conditions (hereinafter referred to as “GTC”) of the seller are VADUSE DERMATOLOGIE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, located at Tomasza Zana 43 / 2.1, 20-601 Lublin, registered in the commercial register under KRS number 0000870278. The share capital amounts to 90,000 PLN. NIP: 7123410242, REGON: 387546390, email address: vaduse@vaduse.pl (mailto:vaduse@vaduse.pl), contact phone
number: +48 693966218 (charged as per the standard connection rate — according to the pricing of the respective operator), hereinafter referred to as the “Seller.” These GTC apply to all contracts concluded between the consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding all goods and/or services offered in the online store www.vaduse.com (http://www.vaduse.com) (hereinafter referred to as “VADUSE”). The inclusion of the Customer’s own conditions is hereby excluded unless otherwise agreed.

2. A consumer in the sense of these GTC is any natural person who performs a legal act for purposes which cannot be primarily attributed to his/her commercial or independent professional activity.

3. An entrepreneur in the sense of these GTC is a natural person, legal person, or partnership having legal capacity who, when entering into a legal transaction, acts in the course of carrying out his/her business activity or independent professional activity.

§ 2 Conclusion of the Contract

1. The product descriptions provided by the Seller displayed on VADUSE do not constitute binding offers from the Seller but serve to submit a binding offer by the Customer.

2. The Customer can submit an offer through the integrated shopping cart system of VADUSE or — if available in the product description — using the 1-Click® purchase function:

a. By placing an order via the shopping cart system, the Customer submits a legally binding contractual offer concerning the goods in the cart by clicking the “Buy now” button in the final step of the ordering process after going through the technical steps specified by VADUSE,

b. By placing an order using the 1-Click® purchase function, the Customer submits a legally binding contractual offer for the selected quantity of goods on the relevant product detail page by clicking the “Buy now with 1-Click®” button after activating this function on their VADUSE user account and completing other technical actions specified by VADUSE.

3. Immediately after sending the order, the Customer receives a confirmation email from VADUSE confirming that the Seller has received the offer. The Seller may accept the Customer’s offer within five days:

a. By sending the Customer a written confirmation of the order or an order
confirmation in text form (fax or email) or by arranging for its dispatch by VADUSE, where the receipt of the order confirmation by the Customer is decisive in this respect, or

b. By delivering the ordered goods to the Customer or arranging for their delivery by VADUSE, where the receipt of the goods by the Customer is decisive in this respect,
or
c. By requesting payment from the Customer after the order has been placed or
arranging for VADUSE to request payment from the Customer, or

d. If payment is offered by direct debit and the Customer selects this payment method by charging the Customer’s bank account with the total invoice amount or arranging for such a charge by VADUSE, where the decisive factor in this respect is the moment the Customer’s account is charged.

4. If several of the aforementioned alternatives exist, the contract is concluded at the moment one of the alternatives occurs first. The period for accepting the offer begins the day after the offer is sent by the Customer and ends at the close of the fifth day after the offer has been sent. If the Seller does not accept the Customer’s offer within the specified period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

5. The text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has placed the order. The Seller does not make the text of the contract available in any other way. Additionally, order data is archived in the VADUSE service, and the Customer can obtain free access to it via a password-protected user account in the VADUSE service.

6. By placing an order through the VADUSE shopping cart system, the Customer can correct any errors in the entered data before submitting a binding order. In the case of placing an order via the 1-Click® purchase function, no corrections of data entry errors can be made after clicking the “Buy now with 1-Click®” button.

7. The Polish and English languages are available during the conclusion of the contract.

§ 3 Right of Withdrawal from the Contract

1. The consumer may withdraw from the Sales Contract within 14 days without providing any reason.

2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer.

3. The Consumer may withdraw from the Contract by declaring the Seller of their decision to withdraw from the Contract. To maintain the withdrawal period, it is sufficient for the Consumer to send the statement before the deadline expires.

4. The declaration may be sent by traditional mail or electronically by sending a statement to the Seller’s email address. A declaration can also be made using the form, the template of which constitutes Attachment No. 1 to these Terms and Conditions and an annex to the Act of May 30, 2014, on consumer rights, but this is not mandatory.

5. If the statement is sent by the Consumer electronically, the Seller shall promptly send confirmation of receipt of the withdrawal statement to the Consumer’s provided email address.

6. Effects of withdrawal from the Contract:

7. In the case of withdrawal from a distance contract, the contract is considered not concluded.

8. Upon withdrawal from the Contract, the Seller shall refund the Consumer without delay, no later than 14 days from the day of receiving the Consumer’s withdrawal statement, all payments made, except for the costs of shipping already incurred.

9. The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which will not incur any costs for them.

10. The Seller may withhold the refund until the Product is returned or until proof of return shipment is provided to them, depending on which event occurs first.

11. The Consumer should return the Product to the address of the Seller provided in these Terms and Conditions without delay, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Contract. The deadline is considered met if the Consumer sends the Product back before the 14-day deadline expires.

12. The Consumer bears the direct costs of returning the Product.

13. The Consumer is only liable for any diminished value of the Product resulting from use in a manner other than that necessary to ascertain the nature, characteristics, and functioning of the Product.

14. The right to withdraw from the distance contract does not apply to the Consumer in relation to the Contract for Products that have been opened/used by the Customer.

Download: Statement of Withdrawal from the Distance Contract 

§ 4 Prices and Payment Terms

1. Unless otherwise stated in the product description by the Seller, the prices given are total prices inclusive of the statutory VAT. Any additional delivery and shipping costs will be indicated separately in the product description.

2. Payment is processed through payment service providers authorized by the Seller to handle payments.

 

§ 5 Delivery and Shipping Conditions

1. If the Seller offers shipment of goods, delivery will be carried out within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided by the Customer on VADUSE is decisive for the execution of the transaction.

2. If the delivery of goods does not occur due to reasons attributable to the Customer, the Customer shall bear reasonable costs incurred in this regard by the Seller. This does not apply to return shipping costs if the Customer effectively exercises the right to withdraw from the contract. If the Customer effectively exercises the right to withdraw from the contract, the provisions of the Seller’s return policy apply to return costs.

3. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This applies only if the Seller is not liable for the non-delivery of the goods and the Seller has concluded a specific delivery contract with the supplier, adhering to due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of goods, the Customer will be promptly informed, and payment will be promptly refunded.

§ 6 Retention of Title

1. If the Seller has received payment in advance, they retain ownership of the delivered goods until the agreed purchase price has been paid in full.

§ 7 Liability for Defects (Non-Conformity of Goods with the Contract)

1. If the purchased item is defective, the provisions on statutory liability for defects apply.

2. If the Customer acts as a consumer, they are requested to submit a complaint to the supplier for delivered goods with obvious transport damages and inform the Seller about it. If the Customer fails to do this, it will not affect their statutory or contractual claims for defects.

3. In the case of used goods, the Seller’s liability for defects is limited to one year.

4. Additionally, the Seller provides a one-month warranty on sold goods, starting from the moment of delivery. Conditions and other details of the warranty are included in the warranty card or information provided by the Seller. Goods under warranty should be sent to the registered office address: Tomasza Zana 43 / 2.1, 20-601 Lublin, Poland. The shipping cost is borne by the buyer. The period for handling complaints is up to 30 days from the moment the goods are delivered to the Seller.

§ 8 Governing Law

1. The law of the Republic of Poland applies to all legal relationships between the parties, excluding the provisions on international sales of goods. In the case of consumers, this choice of law applies only to the extent that the protection provided by overriding mandatory provisions of the law of the country in which the consumer has their habitual residence is not affected.

§ 9 Jurisdiction

1. The exclusive place of jurisdiction for all disputes arising from this agreement is the Seller’s registered office if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer and as far as the law permits. In the aforementioned cases, the Seller is, in any case, entitled to appeal to the court where the Customer conducts business.

§ 10 Alternative Dispute Resolution Methods

1. The European Commission provides an online platform for resolving disputes at the following address: https://ec.europa.eu/odr (https://ec.europa.eu/odr). This platform serves as a contact point for out-of-court dispute resolution arising from online purchase agreements or service contracts involving a consumer. The Seller is obligated and declares participation in the proceedings for resolving disputes before this consumer arbitration body/these consumer arbitration bodies.