ONLINE SHOP TERMS AND CONDITIONS

in the online shop under the name VULÉE
hereinafter referred to as “Terms and Conditions”

I. DEFINITIONS

1. Online shop under the name VULÉE– online shop available at: www.vulee.pl.
2. Seller– VULÉE Spółka z ograniczoną odpowiedzialnością [VULÉE LCC]with its registered office in Michałów (postal code: 05-205), ul. Piękna 14, having REGON No [National Official Business Register No.]: 387109300, and NIP No [Tax ID No.]: 1251711259 entered into the register of enterprises kept by the District Court for the capital city of , Warsaw 14th Commercial Division of the National Court Register, under KRS No. (National Court Register No.) 0000861185, having share capital of PLN 5,000, email: kontakt@vulee.pl
3. Customer– any natural person not less than 13 years of age, whereas should such a person be under 18 years of age, a consent of their legal representative is required; as well as
   any legal entity and organisational entity without legal personality which is accorded legal capacity by specific regulations and which places or intends to place an order or use any services provided by the Shop (including Consumer).
4. Consumer- any natural person performing a legal transaction of purchase via the online Shop for purposes not related directly to his/her business or professional activity.
5. Civil Code – The Act of April 23, 1964 – Civil Code ( Dz.U. 2020 item. 1740).
6. Good– products and items sold in the online Shop (the subject matter of the sales and purchase agreement).
7. Sales and Purchase Agreement– any sale and purchase agreement of the Goods, as stipulated in the Polish Civil Code, concluded at the online Shop website between: the Shop
   Operator, hereinafter referred to as:the Seller, and the Customer. Sales and Purchase Agreement is concluded following the Customer’s placement of an Order via functionalities at the online Shop website.
8. Act on Providing Services by Electronic Means.– Act of 18 July, 2002 on Providing Services by Electronic Means.(Dz.U. 2020 item. 344).
9. Act on Consumer Rights – Act of 30 May, 2014 on Consumer Rights (tj. Dz.U. 2020 item. 287).
10. Order– Customer’s declaration of intent leading directly to conclusion of a Sales and Purchase Agreement, specifying particularly the type and quantity of Goods.
11. Account– using the Account is possible upon completion of the two following steps by the Customer: (1) completing the Registration Form; (2) clicking on the “Sign up” button. The Customer must provide the following data in the Registration Form: first and last name/company name, address (street, building/apartment No., postal code, city, country), email address, contact phone number and password. Customers who are not Consumers must provide the company name and NIP No. (Tax ID No.). Using the Account is not obligatory. The Account is not necessary to place an order.
12. Order Form– using the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the online Shop. The Order is placed upon completion of the two following steps by the Customer: (1) upon completion of the Order Form and (2) having done that, choosing the button “Order with obligation to pay” – until then the Customer may modify the data introduced on his/her own (to do so, the Customer should follow the instructions and information available at the website). The Customer must provide the following personal data in the Order Form: first and last name/company name, address street, building/apartment No., postal code, city, country), email address, contact phone number and data related to the Sales and Purchase Agreement: Goods, quantity of Goods, place and method of Goods delivery, payment method. The Customers who are not Consumers must provide the company name and NIP No. (Tax ID No.). The online Shop www.vulee.pl cares for Consumer rights and would like to inform that in line with the applicable legal provisions the Consumer may not waive his/her rights granted in the Act on Consumer Rights. Provisions which are less favourable for a Consumer than provisions of the Act on Consumer Rights are null and void and the provisions of the Act on Consumer Rights apply in place of them.
    Therefore, the provisions hereof are not intended to cancel or limit any Consumer rights bestowed upon him/her under mandatory provisions of law and any doubts should be resolved in favour of the Consumer. Should there be any discrepancies between the provisions hereof and the aforementioned provisions, the latter will prevail and should be applied.

II. General Provisions

1. 1. Reading and accepting these Terms and Condition is mandatory to use the services provided by the online Shop. When placing an order, the Customer manifests he/she has read the Terms and Conditions and accepts them in their entirety.
   2. The Terms and Conditions stipulate the rules of concluding a sales and purchase agreement of a Good between the Customer and the Seller using means of distance communication and the online Shop website available at www.vulee.pl.
   3. In respect of services provided by electronic means, the present Terms and Conditions constitute Regulations as referred to in Article 8, Act of 18 July, 2002 on Providing Services by Electronic Means (Dz. U. 2020, item 344).
   4. The Terms and Conditions apply to all Customers of the Shop and Goods are sold under Terms and Conditions applicable on the date of order placement.
   5. Information at the online Shop website related to Goods (including the prices) does not constitute an offer under Article 66 of the Polish Civil Code but an invitation to submit a purchase offer as defined in Article 71 of the Polish Civil Code.
   6. The Seller provides the Customers with the following additional services by electronic means and free of charge:
      a. Contact Form: a service allowing for sending a message to the Seller via a form available at the Shop website.
      b. Newsletter: a service allowing the Seller to send an electronic message with information about the Seller’s new products or services to an email address. Newsletter is sent by the Seller to all Customers who have subscribed and given relevant consent.
      c. Running a Customer Account: a service available upon registration following the rules described herein which consists in providing the Customer with a dedicated panel at the online Shop website which allows the Customer to modify data submitted during registration as well as track his/her order status and history.
   7. Any Customer who has already registered may submit a request to cancel his/her Customer Account, bearing in mind that it may be cancelled within 14 days following the date of submission.
   8. The Seller may block the Customer’s access to Customer Account and other unpaid services should the Customer act to the detriment of the Seller or other Customers; infringe the relevant provisions of law or provisions hereof as well as if justified by security reasons, particularly in the event of breaking the online Shop website security measures or any other undesirable activities, including hacking activity. Blocking the access to Customer Account and unpaid services for the reasons listed above will last for the period necessary to resolve the issue giving rise to the blocking of the access to Customer Account and unpaid services. The Seller will notify the Customer about blocking of the access to Customer Account and unpaid services via email to the address submitted by the Customer in the Registration Form.
   9. Orders may be placed via Order Form 24 hours a day and 7 days a week.
   10.  The Seller reserves the right to choose and change the type, form, time and way of granting access to selected above-mentioned services, which will be communicated to the Customers via a relevant amendment hereto.
   11. The online Shop sells new Goods.
   12. The online Shop under the name VULÉE uses its best efforts to post true and fair information about the sold Goods and make such information available to the Customer. The online Shop makes its best effort so that the Goods descriptions, technical specifications and photos do not the purchase to confirm the specification of the Good contain any discrepancies or errors. In case of doubt, the Customer must contact the Seller before
   13. Using the online Shop services is possible provided the Customer’s IT system complies with the following minimum technical requirements:
       13.1. a device with Internet access;
       13.2. a correctly configured web browser;
       13.3. the aforementioned web browser must accept cookies. Cookies are text files placed on the User’s device by the Website servers which may be later read by Administrator does not guarantee that the Website will function correctly on the User’s device, whic the Website every time the User connects to the Website using given device. The Website may entail configuring User’s device or software.
   14. The Customer may contact the Shop via: Contact Form available at www.vulee.pl
   15. Email: kontakt@vulee.pl; Correspondence address: 05-205 Michałów, ul.Piękna 14
   16. The online Shop Operator makes the present Terms and Conditions available to the Customer at their website www.vulee.pl free of charge and prior to the conclusion of Sales and Purchase Agreement, and should the Customer request it, in such a manner, which enables downloading, retrieval and saving contents of the Terms and Conditions through the IT system used by the Customer.

17. The agreement is concluded in the Polish language.

III. ORDER PLACEMENT AND PROCESSING

1. 1. The online Shop www.vulee.pl sells Goods via the Internet and Customers’ orders are processed using the Order Form at the Shop website 7 days a week. For the order to be processed, the Order Form must be completed correctly. The Seller is released from obligation to process and complete the order should the data be submitted incorrectly.
   2. The Customer places the order using “Add to cart” button and later follows the instructions availabl at the Shop website.
   3. The Seller starts processing the Order upon receiving the payment from the Customer.
   4. The Order is completed within 7 business days providing that the Good is available in the stock or at the Shop’s suppliers. Should a part of ordered Goods be unavailable, the Customer will be informed on the Order progress and given an opportunity to decide how the Order should be completed (partial completion or order cancellation).
   5. A cash register receipt or a VAT invoice is issued for each Order, as per Customer’s request. Bill of sale, together with waybill, is included in every parcel.
   6. The Customer may not collect the Good personally in the shop.
   7. All the Orders are processed and completed according to the order of their placement.
   8. The price specified in the order constitutes the whole price the Customer is obliged to pay, together with relevant tax. The above mentioned price does not include the cost of shipping, payable in its entirety by the Customer.
   9. Should the Customer be obliged to pay an amount exceeding the agreed price, the Seller will inform him/her about it and the Customer will be charged with additional cos only upon his/her explicit consent.
   10. Should the order be placed on a Good which may be modified according to Customer’s specification or on a Good ordered on Customer’s special request, the Seller has the right to request payment in full before shipping (applies to Customers who are not Consumers).
   11. The moment the order is placed (upon clicking the button “Order with obligation to pay”) a sales and purchase agreement of the goods included in the order is concluded between the Buyer and the Seller.

IV. DELIVERY TIME, TERMS AND CONDITIONS

1. 1. Total delivery time includes:
      a) the time needed to prepare the order for shipping, which usually takes up to 3 business days. The time needed may be extended due to shortage in stock, but the Customer will be always informed about such a delay by email or phone.
      b) delivery of the parcel to the Customer, which takes up to 1-2 business days, depending on chosen shipping method,
      c) shipping methods and costs are available at the Order Form.
   2. The Shop is not responsible for non-delivery or delay in delivery of Goods caused by submitting wrong or inaccurate address by the Customer or other reasons beyond the control of the Seller.
   3. Ordered Goods are delivered by the following shipping companies:
      a) InPost (Poland) and to Parcel Lockers,
      b) DPD (Europe).
   4. Shipping cost is covered entirely by the Customer, unless the value of the Customer’s order exceeds PLN 350: in such a case, the shipping cost is covered entirely by the Seller.

V. PAYMENT AND GOODS EXCHANGE

1. 1. All prices of the Goods at the website are gross prices (VAT included). The prices do not include shipping cost, which is added to the order value.
   2. The Seller accepts the following payment methods:
      2.1. Debit card
      2.2. BlueMedia payment system,
      2.3. Blik mobile payment system,
      2.4. PayPal payment system.
   3. Information on availability of a Good in the Shop is generated automatically at the Shop website.
   4. Information on shipping cost is available at the Order Form.
   5. Any return or good exchange should be communicated via exchange form available at www.vulee.pl and sent to the Seller together with the good within 14 business days to: 05-205 Michałów, ul. Piękna 14.
   6. In the event of return or exchange, the Buyer is obliged to cover any and all costs related to properly securing the parcel and sending it to the Seller’s address at the expense and under the responsibility of the Buyer. Should the Buyer be a Consumer who withdrew from a remote or an off-premises agreement within 14 days and chose a shipping method other than the cheapest available shipping method offered by the Seller, the Seller will not be obliged to reimburse the additional costs borne by the Buyer.
   7. The Buyer, when sending back the Goods, is obliged to insure the parcel for the amount not less than the value of the purchased Goods (does not apply to Consumers).
   8. Each return and exchange of the ordered Goods must be notified in advance to and arranged individually with the Seller.
   9. The Seller has the right not to accept returned Goods or not to exchange them if the Goods are damaged, incomplete or bear traces of use.
   10. If the Goods are returned under the above-mentioned conditions, the Seller will reimburse the Buyer the money equivalent to the price paid within 14 business days counted from the day the Seller

VI. COMPLAINT METHODS

1. 1. In accordance with the applicable law, the Seller is liable under implied warranty for physical and legal defects of the Goods to the extent specified in Article 556 and the following Act of 23 April 1964. – Civil Code (Dz.U. 2020, item 1740).
   2. The Seller informs that a Physical Defect of a Good is:
      2.1. non-compliance of the sold good, i.e. if the Good does not have qualities that it should have due to the purpose of the agreement, resulting from the circumstances or intended use,
      2.2. it does not have qualities that the Seller assured the Customer of,
      2.3. when the Good is not fit for intended use communicated to the Seller by the Customer upon the conclusion of the agreement, and the Seller has not made reservations to such an intended use.
      2.4. The Good delivered to the Customer has been incomplete.
   3. A Legal Defect of a Good is:
      3.1. The Good is owned by a third party or is encumbered with a right of a third party,
      3.2. when the restriction on the use or disposal results from a decision or ruling of a competent authority.
   4.  In the case of a Consumer, public statements made by a manufacturer or an entity marketing the Good within their business activity or introducing themselves as a manufacturer, are equal to the warranties made by the Seller. The Seller informs that they are not liable when such statements were not known or could not have been known or when such statements could not have affected the Consumer’s decision to conclude the sales and purchase agreement, and when the content of such statements has been corrected before the conclusion of the sales and purchase agreement.
   5. The Seller informs that they may be held liable for implied warranty provided that a Physical Defect is detected within two years following the date of delivering new Goods to the Customer (applies solely to Consumers). Implied warranty for a Buyer who is an entrepreneur is completely excluded, as further described in these Terms and Conditions.
   6. Should a Good have a defect, a Customer who is a Consumer may submit a price reduction statement or a declaration of withdrawal from the agreement, unless the Seller exchanges the faulty Good or rectifies the faults and defects without undue delay. This limitation does not apply if the Good has already been exchanged or repaired by th Seller or if the Seller has failed to fulfil their obligation to exchange the Good for goods free from defects or rectify the defects.
   7. A Customer who is a Consumer may, instead of the rectification of defects suggested by the Seller, demand exchange of Goods for goods free from defects or, instead of exchange of Goods, demand rectification of defects, unless bringing the Goods into compliance with the agreement in a way selected by the Consumer is impossible or requires excessive costs as compared to the way suggested by the Seller.
   8. A Customer who is a Consumer has no right to withdraw from the agreement in the case of minor defect or if the defect was known to him/her at the time of purchase.
   9. The Seller is obliged to respond to the complaint within 14 days following its receipt. If the complaint is justified, the Seller is obliged to exchange the faulty Good for one free of defects or to rectify the defect within 14 days following the date of lodging the complaint by the Customer.
   10. The Seller informs that the limitation period for claims for defects rectification or exchange of the Good for one free from defects is one year following the date of identification of the defect. In the case of a Customer who is a Consumer, the statue of limitations may not expire before two years have passed.
   11. A Customer who is a Consumer exercising rights under the implied warranty is obliged to deliver faulty Goods to the Seller at the address stipulated herein: (address for delivery of faulty Goods: 05-205 Michałów, ul. Piękna 14. Should, due to the nature of the Goods or the way they are installed, delivering them by the Customer be too difficult, the Customer who is a Consumer is obliged to make the Good available to the Seller at the place where it is located.

12. Complaint form which must be sent together with the Good is available at www.vulee.pl.

VII. RIGHT OF WITHDRAWAL: CONSUMER

1. 1. A Customer who is a Consumer concluding a remote or off-side agreement has the right to withdraw from the agreement within 14 days without giving any reason or incurring any costs except those set out in Article 33, Article 34(2) and Article 35 of the Act on Consumer Rights. To withdraw from the agreement, the Customer must fill in Withdrawal Form which constitutes Appendix 1 hereto.
   2. The running of the time limit stipulated in (1) starts upon delivery of the Good to the Customer or any other person indicated by the Customer.
   3. In the event of withdrawal from a remote agreement, such an agreement is deemed invalid.
   4. The running of the time limit for withdrawal from an agreement by the Consumer starts:
      a) for an agreement in the performance of which the Seller delivers Goods with obligation to transfer their ownership (e.g. Sales and Purchase Agreement) – from taking possession of the Goods by the Consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement that (1) includes multiple Goods, which are delivered separately, in lots or in parts – from taking possession of the last Good, lot or part, or (2) consists in regular delivery of Goods for a definite period of time – fro taking possession of the first of the Goods,
      b) for the remaining agreements: following the date of conclusion of the agreement.
   5. The Consumer must, not later than 14 calendar days following the date on which they received the product, return it to the following address: 05-205 Michałów, ul. Piękna 14. The return form, together with declaration of withdrawal, available at www.vulee.pl must be enclosed with the parcel.
   6. The Seller is obliged to reimburse the Customer any and all payments made by him/her, including shipping costs (except additional costs resulting from the method of delivery chosen by the Customer other than the cheapest regular shipping method available at the online Shop) without undue delay (not later than 14 calendar days following the date of receipt of the declaration of withdrawal from the Customer). The Seller will reimburse the payment using the same payment method as the Consumer did, unless the Consumer has explicitly agreed to a different reimbursement method which does not involve additional costs for the Consumer. If the Seller has not offered to collect the Good from the Consumer on their own, they may suspend the reimbursement of the payment made by the Consumer until they receive the Product or the Consumer provides certificate of posting the parcel, whichever occurs first.
   7. The Consumer is liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
   8. In the event that the Consumer has chosen a shipping method other than the cheapest method available at the online shop, the Seller will not reimburse the Consumer the additional costs incurred.
   9. The Consumer’s right of withdrawal is excluded in the case of:
      a) an agreement in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the entrepreneur and which might occur before the end of the withdrawal period;
      b) an agreement in which the subject matter is non-prefabricated, made to the Customer’s order or to satisfy his/her individual needs;
      c) an agreement in which the subject matter is a perishable or short shelf life item;
      d) an agreement in which the subject matter is an item delivered in a sealed packaging and which may not be returned after unpacking due to health protection or hygienic reasons, if the packaging has been opened upon delivery;
      e) an agreement in which the subject matter are items which after delivery and by their nature are inseparable from other items;
      f) an agreement in which the Consumer explicitly requested the entrepreneur to visit him/her for urgent repair or maintenance. Should the entrepreneur provide services in addition to those requested by the Consumer or supplies items other than replacement parts necessary for performing the repairs or maintenance, the Consumer has the righ of withdrawal in respect of those additional services or items;
      g) an agreement concluded on a public auction.
   10. If the Customer who is a Consumer has not sent all the purchased Goods (not due to the Seller’s fault) or has mistakenly sent back the wrong Goods, which the Seller had no control over, the costs of sending back the Goods to exchange them and securing the parcel will be incurred by the Customer.

VIII. RIGHT OF WITHDRAWAL: NON-CONSUMER

1. 1. The Seller has the right to withdraw from the Sales and Purchase Agreement concluded with a Customer who is not a Consumer within 14 days following its conclusion. Withdrawal from the Sales and Purchase Agreement in such a situation may take place without giving any reason and does not give rise to any claims against the Seller on the part of the Customer who is not a Consumer.
   2. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods and require making a prepayment/advance payment for the concluding the Sales and Purchase Agreement purchased Goods, regardless of the payment method selected by the Customer and the fact of
   3. At the moment of release of the Goods by the Seller to the carrier, all benefits and obligations related to the Goods, as well as a risk of accidental loss of or damage to the Goods pass onto the Customer who is not a Consumer. In such a case, the Seller is not liable for any loss or damage to the Goods occurring from the moment of their acceptance for transport until their delivery to the Customer or for any delay in delivery.
   4. If the Goods are sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the parcel at the time and in the manner usual for parcels of this kind. If the Buyer determines that a loss or damage to the Goods occurred during transport, he/she is obliged to take all necessary steps to establish the carrier’s liability.
   5. Pursuant to Article 558(1) of the Polish Civil Code, the liability of the Seller towards a Customer who is not a Consumer on account of implied warranty is entirely excluded. 6. The Seller’s liability towards a Customer who is not a Consumer, regardless of its legal basis (excluding implied warranty for which the Seller is not liable at all) is limited – both for a single claim and for all claims in total – to the amount of price paid and delivery costs under the Sale and Purchase Agreement, but not more than PLN 1,000.
   6. The Seller is not liable for lost benefits of a Customer who is not a Consumer.
   7. Any disputes arising between the Seller and a Customer who is not a Consumer should be submitted to the competent court having jurisdiction over the Seller’s place of business.

IX. PARTIES’ RIGHTS AND OBLIGATIONS

1. 1. The Customer is obliged to:
      a. Comply with the provisions hereof
      b. not to upload or share content prohibited by law, in particular content that promotes violence, is defamatory, infringes personal rights, copyrights, intellectual property rights or other rights of third parties,
      c. use the online Shop in such a way as not to impair its functioning, in particular through the use of specific software or hardware;
      d. not to engage in activities such as sending or posting unsolicited marketing information (spam) using the online Shop;
      e. use the online Shop in a manner that is not disruptive to other customers and Shop Operator;
      f. use the content posted at the online Shop for personal use only;
      g. use the online Shop in a manner that is consistent with applicable law, provisions of these Terms and Conditions and the principles of social coexistence.
   2. The Seller, to the fullest extent permitted by law, is not responsible for disruptions in access to the website of the online Shop, including interruptions in the functioning of the online Shop caused by force majeure, unauthorised actions of third parties or incompatibility of the online Shop with the technical infrastructure of the Customer.
   3. Goods sold by the Seller may be covered by a warranty given by the manufacturer or a distributor of the Goods. In the case of Goods covered by the warranty, the Seller undertakes to exercise the Customer’s rights under this title. Shipping costs for Goods under warranty are determined in accordance with applicable law.
   4. In the case of Goods under warranty, information on the existence and conditions of the warranty is each time presented on the online Shop website, and in the event of additional enquiries, the Seller will respond both by email and by phone.
   5. The Customer may use the warranty directly with the Manufacturer of the Goods or through the Shop. In such a case, it is necessary to send the Goods to the address of the Seller and contact him/her in advance.

FINAL PROVISIONS

1. In all matters not settled directly herein, relevant provisions of the Polish law, in particular Civil Code, Act on Providing Services by Electronic Means, Act on Consumer Rights will apply.
2. These Terms and Conditions are available for all Customers in electronic form at the online Shop website at www.vulee.pl.
3. Consumer has the right to use out-of-court procedures for complaint handling and pursuing claims. To do so, Consumer may file a complaint using an EU website available at http://ec.europa.eu/consumers/odr/.
4. Information on out-of-court procedures for complaint handling and pursuing claims as well as information on access to such procedures is available at seats and websites of local consumer ombudsmen, non-governmental organisations which perform consumer protection activities in relation to their charter, Provincial Trade Inspections and the following websites of the Polish Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http:// www.uokik.gov.pl/wazne_adresy.php.
5. Examples of out-of-court procedures for complaint handling and pursuing claims are the following:
   a. Consumer has the right to request a Permanent Consumer Arbitration Court, as stipulated in Article 37 of the Act of 15 December, 2000 on Trade Inspection (Dz.U. 2020, item 1706) to settle a dispute arising from an Agreement concluded with the Seller.
   b. Consumer has the right to submit a request to a Provincial Trade Inspection Office pursuant to Article 36 of the Act of 15 December, 2000 on Trade Inspection (Dz.U. 2020, item 1706) for initiating mediation proceedings to amicably settle the dispute between the Consumer and the Seller.
   c. Consumer may obtain free legal assistance to settle the dispute between him/her and the Seller from local consumer ombudsman or non-governmental organisations which perform consumer protection activities in relation to their charter (Federacja Konsumentów [Consumer Agency], Stowarzyszenie Konsumentów Polskich [Association of Polish Consumers]).
6. The Seller reserves the right to amend these Terms and Conditions for important reasons such as: changes in applicable law, changes in payment and shipping methods to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. Any changes hereto will be communicated to the Cus tomer with at least a 7 days notice.