I. GENERAL PROVISIONS

1. The online shop available at the Internet address www.vigokombucha.com is run by Cruz Group sp. z o.o. with its registered office in Poznań, ul. Święty Marcin 29/8, 61-806 Poznań (which is also an address for delivery), entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda, Commercial Division of the National Court Register, under KRS number 0000503252, NIP 7831711842, REGON 302694180, with share capital of PLN 20,000, paid in full.
2. The use of the Online Shop requires that the terminal equipment and the ICT system used by the Customer meet the Technical Requirements.
3. The Terms and Conditions are addressed to both Consumer and non-Consumer Customers using the Online Shop, Electronic Services or concluding Sales Agreements (with the exception of point XII of the Terms and Conditions, which is addressed exclusively to non-Consumer Customers).
4. Acceptance of the Terms and Conditions is voluntary, but necessary in order to create an Account and/or for the Customer to place an Order or Booking.
5. Information presented in the Online Shop or, in the case of placing Orders using other means of distance communication, an electronic message confirming the content of a proposed Sales Agreement, referred to in point III item 6 letter a of the Terms and Conditions, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by the Seller to the Customers, and not an offer within the meaning of the Civil Code.
6. Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they are to be understood in the sense given below, unless the context of their use clearly indicates otherwise:

a. APPLICATION – software (mobile application) made available to the Customer by the Seller, intended to be installed on a mobile device owned by the Customer and allowing, in particular, the use of the Online Shop without the need to launch a web browser;
b. BOK – the Seller’s Customer Service Office, which provides the Customer with information on the Online Shop’s activities, including the Products, the Shop, the Terms and Conditions and current Promotions, on Business Days, during the hours indicated in the Online Shop under the “Contact” tab, at the telephone numbers and e-mail address indicated there, via the chat room in the Online Shop and the contact form in the Online Shop under the “Contact” tab. The cost of calling the Customer Service – the fee as for a standard call – according to the price list of the relevant operator).
 c. PRICE – the amount of gross remuneration (including tax) payable to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish zloty or in another currency. The price does not include delivery costs, unless the terms of the Promotion applied by the Online Shop state otherwise.
 d. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
 e. PASSWORD – a sequence of alphanumeric characters necessary for authentication during access to the Account, specified by the Customer when creating the Account. The
registration of the Account requires the Password to be repeated twice in order to enable the detection and correction of any errors. The Customer is obliged to keep the Password confidential (not to disclose it to any third party). The Merchant provides the Customer with multiple opportunities to change the Password.
 f. CUSTOMER – (1) a natural person; or acting through an authorised person (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her statutory representative to conclude a Service Agreement/Sale Contract and to present such consent at each request of the Seller, while as a rule, Sale Contracts concluded within the framework of the Online Shop have the nature of contracts commonly concluded in minor everyday matters.
g. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121 as amended).
 h. CONSUMER – a natural person making a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
 i. ACCOUNT – Electronic Service, designated with an individual name (Login) and Password provided by the Customer, a set of resources in the Seller’s ICT system, allowing the Customer to use additional functionalities/services. The Customer accesses his/her Account by means of a Login and Password. The Customer logs into his/her Account after registering with the Online Shop. The Account makes it possible to save and store information about the Customer’s address details for the dispatch of Products, track the status of the Order, access the history of Orders and Reservations and other services made available by the Seller.
 j. CART – a service made available to each Customer who uses the Online Shop, consisting of the possibility of placing an Order for one or several Products, making a Reservation, entering discount codes enabling Price reduction under the terms of separate agreements/regulations, displaying a summary of the Price of individual Products and all the Products in total (including possible shipping costs), displaying the estimated Product delivery date. The
shopping basket shall contain the Customer’s offers to conclude a Sales Contract, i.e. it is possible to submit more than one offer to conclude a Sales Contract within one Order.
k. LOGIN – Customer’s e-mail address given within the Shop when creating an Account.
 l. NEWSLETTER – Electronic Service which enables all Customers using it to receive cyclical information from the Seller, in particular about Products, the Online Store, including news and promotions, to the e-mail address or telephone number provided by the Customer, with the Customer’s express consent. The rules of Newsletter services provided by the Seller are defined in separate regulations made available at the Online Shop.
 m. PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller, against payment of a price, or the subject of a Reservation. All Products presented in the Online Shop are brand new.
 n. PROMOTIONS – special conditions of sale or provision of services, regulated on the terms expressed within the Online Shop, offered by the Seller at a certain time, which the Customer may take advantage of on the terms specified therein, such as a reduction in the Price or shipping costs.
o. TERMS AND CONDITIONS / SERVICE AGREEMENT – this document setting out the rules of concluding Sales Agreements and the rules of providing and using services made available by the Seller through the Store to Customers, including the service of making Reservations. The Terms and Conditions define the rights and obligations of the Customer and the Seller. With regard to services provided electronically, these Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
 p. RESERVATION – a service made available to Customers by the Seller consisting in the possibility of reserving selected Products in order to see/ try them on in a chosen Lounge and possibly buy them. Making a Booking does not constitute the conclusion of a Sales Contract or any commitment to conclude a contract of sale of the booked Product at the Showroom. The Reservation shall be active (i.e. the Product is awaiting collection at the Showroom) from the moment the Seller confirms the Product’s arrival at the Showroom until the close of business of the Showroom on the next working day of the Showroom.
 q. SALON – a stationary shop operated by the Seller. The list of available Stores is made available when placing an Order / making a Booking.
 r. INTERNET SHOP – a platform enabling placing Orders and making Reservations by the Customer and providing services made available by the Seller, run by the Seller, constituting a group of interconnected websites, available at the following Internet addresses: www.vigokombucha.com and www.drinkyoko.com, as well as via the Application.
 s. SELLER – Cruz Group sp. z o.o. with its registered office in Poznań, ul. Święty Marcin 29/8, 61-806 Poznań (which is also the address for delivery), entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda, Commercial Division, under KRS no. KRS (National Court Register)
, under KRS number 0000503252, NIP 7831711842, REGON 302694180, with share capital of PLN 20 000, paid in full; e-mail address available in the “Contact” tab at www.vigokombucha.com and www.drinkyoko.com, contact phone number.
t. CONTENT/Content – text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are distributed within the scope of the Internet Shop by the Seller, the Seller’s contractors, the Customer or any other person using the Internet Shop respectively.
 u. CONTRACT OF SALE – a contract of sale within the meaning of the Civil Code, concerning the sale of a Product by the Seller to the Customer against payment of the Price plus any additional charges, including shipping costs, the terms of which are set out in particular in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant conditions. Each Product is subject to a separate Sales Agreement. This shall also apply if the Seller, within the functionality of the Online Shop, for objective (materially justified) reasons makes the conclusion or content of a Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement, due to a direct relationship between the Products. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of concluding an agreement without the procedure specified in these Terms and Conditions, which shall be confirmed in the form of an e-mail message upon request of either of the parties to the Sales Agreement. Making a Booking shall not constitute the conclusion of a Sales Contract or an obligation to conclude a Sales Contract.
v. ELECTRONIC SERVICE – provision of services electronically within the meaning of the Act of 18 July 2002 on electronic provision of services (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer via the Internet
Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions concerning the rules of use of these services are to be found in the regulations concerning the provision of services by these entities.
w. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
 x. TECHNICAL REQUIREMENTS – the minimum technical requirements to be met in order to cooperate with the ICT system used by the Seller, including the conclusion of the Service Agreement or the conclusion of the Sales Agreement, i.e.: (1) a computer, laptop or other multimedia device with Internet access (in the case of the Application, a mobile device); (2) access to electronic mail; (3) a web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) inclusion of Cookies and Javascript support in the web browser; in the case of conclusion of the Sales Contract by telephone: (6) using a phone; for Apps: (7) mobile device operating system: Android version 4.0.3 or higher or iOS version 9.0.4 or higher, and for certain functionalities also (8) a mobile device with a camera and geolocation service (GPS). In order to conclude a Sales Agreement, the Customer must have an active e-mail address and, in certain cases, a keyboard or other device that enables the correct completion of electronic forms.
 y. ORDER – Customer’s declaration of intent expressing a direct will to conclude a Distance Sales Agreement placed with the use of means of distance communication, specifying the Product for which the Customer makes an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and performance of the Sales Agreement. The order of each Product shall be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). This also applies when the Seller, within the functionality of the Online Shop, for objective (materially justified) reasons makes the conclusion or content of a Sales Contract for a given Product dependent on the conclusion of another Sales Contract, due to a direct relationship between the Products. An Order may be assigned a single number and all offers will be processed in parallel. Acceptance of the Order implies the conclusion of a Sales Contract (see above).

II. ELECTRONIC SERVICES IN THE WEBSHOP AND APPLICATION

1. The Seller provides the following Electronic Services to Customers free of charge via the Online Shop:

a. Account,
b. enabling Customers to place Orders, make Reservations and conclude Sales Agreements, on the terms and conditions specified in these Terms and Conditions;
c. presenting Customers with advertising content tailored to their interests;
d. enabling Customers to use the Shopping Cart services;
e. enabling Customers to browse Content placed within the Shop;
f. Newsletter.
g. in the case of Application Customers (the following provisions may apply to Electronic Services currently or introduced in the future – the possibility of using specific Electronic Services results from the current functionality of the Application):

• scanning via the camera and saving the barcodes of selected products so that the customer can compare their prices;
• the presentation of Products in the Online Shop on the basis of images of selected products uploaded by the Customer;
• search via the location of the retailer’s stationary shop or a specific collection point;
• limit the Products or Promotions presented, e.g. to a size indicated by the Customer (e.g. shoe size) or to a category indicated by the Customer (e.g. men’s/female/children’s Products);
• presentation of current notifications directly on the screen of the mobile device (“push notification”);
• creating lists of favourite products;

1. The Seller additionally provides the following services free of charge via the Online Shop for Customers who have created an Account:

a. maintaining the Customer’s session after the Customer logs into the Account (using the browser or the Application);
b. storing and making available to the Customer via the Account the history of Orders and Reservations.

3. The use of the Account is possible after the Customer has completed the following steps together:

a. by completing the registration form and accepting the provisions of these Terms and Conditions,
b. by clicking the “Register” box

4. The Service Agreement is concluded when the Customer receives a confirmation of the conclusion of the Service Agreement sent by the Seller to the email address provided by the Customer in the course of registration. The Account is provided free of charge for an indefinite period of time. The Customer may at any time and without giving any reason, delete the Account by sending a request to the Vendor, in particular via e-mail in the “Contact” tab at www.vigokombucha.com and www.drinkyoko.com or in writing to the address: Święty Marcin 29/8, 61-806 Poznań. Creating an Account is not required to place an Order or make a Reservation in the Online Store. The Seller may introduce such a limitation within the framework of the functionality of the Internet Shop, in particular due to the connection of a given Product or type of Products with the services provided within the Account.
5. The use of the Shopping Cart begins when the Customer adds the first Product to the Shopping Cart.
6. The shopping basket is free of charge and is a one-time service, which terminates when the Customer places an Order or a Reservation through the shopping basket, or when the Customer stops placing an Order or a Reservation through the shopping basket. The shopping cart also remembers the information about the Products selected by the Customer after the end of the browser session or the Application, including logout, for a period of up to 7 days, but it does not ensure the availability of copies of the Products selected by the Customer in order to enable him/her to place an Order or make a Reservation at a later date. When the Basket is used by Customers logged into the Account via the browser, the content of the Basket synchronises with the Account subsequently activated via the Application (and vice versa).
7. In particular, the customer is obliged to:

a. to provide in the forms made available in the Online Shop only true, current and all the necessary data of the Customer;
b. to update immediately the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, especially to the extent to which it is necessary for their proper execution; the Customer has the possibility of changing the data entered during the creation of the Account at any time using the options available in the Account;
c. use the services and functionalities made available by the Seller in a manner that does not disrupt the functioning of the Seller, the Online Shop or the Application;
d. use the services
and functionalities made available by the Seller in a manner compliant with the provisions of law, provisions of these Terms and Conditions, as well as with the accepted custom and rules of social coexistence;
e. use the services and functionalities made available by the Seller in a manner not detrimental to other Customers and the Seller;
f. use the services
and functionalities made available by the Seller in a manner not detrimental to other Customers and the Seller e. to use the services
and functionalities made available by the Seller in a
manner that is not onerous for other Clients and the
Seller; f. to pay the price
and
other costs agreed by the Client and the Seller in a timely manner in the full amount;
g. to timely collect Products ordered with the use of cash on delivery and cash on delivery payment methods
, as well as those that are
subject to Reservation
; h.
not to
provide and not to submit, within the Shop, Content that is forbidden
by
law, in particular Content that infringes on third parties’ copyrights or their personal rights;
i. not to undertake actions such as

• sending or posting unsolicited commercial information or posting any Content in violation of the law (prohibition of unlawful Content) in the Online Shop;
• to undertake computer or any other action aimed at gaining access to information not intended for the Customer, including other Customers’ data, or at interfering with the principles or technical aspects of the operation of the Shop, the Application and the processing of payments;
• modify in an unauthorised manner the Content provided by the Seller, in particular the Prices or Product descriptions provided within the Shop;

j. download the Application only from legal sources.

8. Complaints related to the provision of Electronic Services or the Application can be submitted e.g.:

a. in writing to the address: Święty Marcin 29/8, 61-806 Poznań;
b. in electronic form via e-mail placed in the form in the “Contact” tab at www.vigokombucha.com and www.drinkyoko.com.

9. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer’s request and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
10. The Seller shall respond to the complaint immediately, no later than within 30 days from the date of its submission, in accordance with Article 7a(1) of the Act, unless a different time limit results from the provisions of law or separate regulations.
11. The Vendor may allow the Customer to download the Application to the Customer’s mobile device free of charge from online mobile application shops, in particular:

a. Apple App Store, for mobile devices with iOS operating system;
b. Google Play/ Play Store, for mobile devices with Android operating system.

12. The use of the Application downloaded from a source other than that indicated in clause 11 above runs the risk of compromising the integrity of the Application and connecting to malware, which poses a security risk to the Customer’s mobile device and the data stored therein.
13. In order to use the Application, the Customer shall:

a. read and accept these Terms and Conditions and the information about the Application provided by the shops referred to in paragraph 11 above,
and b. download the Application from the shop referred to in paragraph 11 above, and
c. install the Application on the Customer’s mobile device by following the instructions displayed when the installation process starts or provided by the shops referred to in paragraph 11 above.

14. The application connects to the Online Shop via the Internet.
15. The functionalities of the Application are used to provide Electronic Services by the Seller in an accessible manner, facilitating the Customer’s use of the Online Shop, including, in particular, learning about the Content, Products, Prices.
16. The Application uses technology that stores and accesses the Customer’s identifier, allowing the Application to operate off-line and to store the preferences of a non-logged-in Customer (which involves accessing the memory of the mobile device). The Application stores the current Customer ID until the Customer logs in to the Application, changes the Application site to an Online Shop operating in another country or uninstalls (deletes) the Application from the mobile device.
17. In order to use the functionalities of the Application referred to in clause II(1)(g) above, it is necessary, respectively, for the Customer to give voluntary consent for the Application to access certain functionalities of the Customer’s mobile device, for the Customer to give voluntary consent to receive push notifications or to provide the Seller with information about the Customer’s preferences.
18. The Customer may at any time revoke the consents referred to in paragraph 17 above or uninstall (delete) the Application from its mobile device via the settings of that device.

III. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT

1. The main features of the performance, including the subject matter of the performance and the method of communication with the Customer, are specified on the Product page or in another manner appropriate to the Product, within the Online Shop.
2. The Seller makes it possible to place Orders for Products as follows:

a. in the Online Shop;
b. by contacting the BOK:

• by telephone;
• by email;
• via chat software on the Website of the Online Shop.

As part of the development of the Products or services available at the Online Shop and due to their specific nature, the Seller may introduce restrictions as to the ways of placing Orders for specific Products. In the case of placing several Orders at the same time, of which the limitation referred to above applies to at least one, this may affect the availability of the methods of placing Orders for the remaining ones as well.

3. As part of the development of the services provided, the Seller may introduce further methods of placing Orders using means of distance communication, under the terms and conditions set out in these Regulations.
4. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order.
5. The Seller enables the Customer to place an Order via the Online Shop as follows, in sequence:

a. The Customer adds the selected Product(s) to the Basket and then proceeds to the order form. The Seller may make available within the framework of the Online Shop additional services for the Product(s) added to the Cart, e.g. personalisation, adding other related Products not available for independent sale in the Online Shop.
b. A Customer who has an Account confirms in the order form the validity of the data necessary to conclude and perform the Sales Agreement. A User who does not have an Account must independently fill in the order form with his/her data necessary to conclude and perform the Sales Agreement. In any case, the provision of outdated or false data of the Customer may prevent the fulfilment of the Agreement. In the order form, it is necessary for the Customer to provide the following data concerning the Customer: first and last name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), if available, type, colour and size of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they have requested a VAT invoice as part of the form, also the VAT ID number. As part of the development of the Products or services available at the Online Shop, the Seller may introduce the obligation to provide in the content of the Order form or in another appropriate place, other information concerning the Product or the Customer, appropriate and, in the case of personal data, also necessary, in particular due to the specificity of the Product or service, e.g. in order to personalise the Product.
c. The Customer chooses one of the delivery methods made available by the Seller.
 d. The Customer chooses the method of payment of the price and any other total costs of the Sales Contract indicated in the order form.
 e. The Customer sends an Order (submits an offer) to the Seller using the functionality made available for this purpose in the Internet Shop (button: “Order and pay”). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required.
 f. In the course of placing an Order, until the moment of pressing the “Order and pay” button, the Customer has the possibility of self-correcting the data entered within the “Basket” panel by adding or removing a given item from the Basket. The deletion
of an item may result in the automatic deletion of another item from the Basket as well, due to the direct relationship between the Products.
g. Depending on the payment method selected, the Customer may be redirected to the pages of an external payment service provider in order to make payment.

6. If the Seller, on its own initiative, proposes to the Consumer to conclude a Sales Contract using other means of distance communication, including by telephone:

a. The Seller sends an email to the Consumer confirming
the content of the proposed Sales Agreement,
b. The Consumer sends the Order to the Seller by email to the email address from which the Seller received the confirmation referred to in paragraph 6(a) above,
c. In the case of a Consumer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions by the Consumer is required.

7. In cases other than those referred to in paragraph 6 above, where a Sales Contract is concluded using other means of distance communication, including by telephone, at the initiative of the Consumer, the paragraphs below shall apply accordingly, taking into account the circumstances and the means of communication used.
8. The Seller shall, in response to the Order, immediately send an automatic message to the Customer at the e-mail address provided by the Customer for this purpose, confirming receipt of the Order and commencing its verification.
9. Once the Order has been verified, without unreasonable delay, the Seller sends a message to the Customer at the e mail address provided with:

a. confirmation of acceptance of one or several individual offers for the Products, made within the scope of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or
b. information on non-acceptance of all offers for the Products, made within the scope of the Order, in particular for reasons indicated in point IV item 5 below (non-payment); or for reasons indicated in point XI item 5 below (non-collection of the shipment).

10. The Sales Agreement is concluded upon confirmation of the offer(s), i.e. upon receipt by the Customer of the message referred to in paragraph 9 lit. a above with respect to the Products indicated therein. In the case of non-refabricated Products, the Sales Agreement is concluded upon confirmation of the offer(s), i.e. upon receipt by the Customer of the message referred to in par. 9 lit. a above with respect to the Products indicated therein, unless the Seller informs the Customer immediately of the impossibility of performance with respect to the ordered non-refabricated Product. In such a case, the Sales Agreement with regard to the offer concerning the Non-Prefabricated Product shall be deemed not concluded. The Seller shall send the Customer a confirmation of the terms and conditions of the Contract to the e-mail address provided by the Customer.
11. If it is not possible to accept all or some of the offers made within the Order, the BOK will contact the Customer to:

a. the Customer is informed that it is not possible to accept all the offers made within the Order to conclude a Sales Contract; or
b. the Customer confirms its will to complete the Order in the part in which the Seller has agreed to accept the offers to conclude a Sales Contract. In such case, the Customer may cancel the Order in its entirety (with respect to all offers made), which does not affect its right to withdraw from the contract. The Customer’s cancellation of the Order releases the Seller from its obligation to fulfil the Order. If the Order is cancelled, paragraph 12 below shall apply accordingly.

12. If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement with respect to the Products indicated by BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return the payments made by the Customer, to the extent to which the Sales Agreement has not been concluded. The provisions of point VIII, section 6 of the Terms and Conditions shall apply accordingly.
13. Independently, the Seller may inform the Customer of the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, by SMS or by telephone contact.
14. The Seller shall endeavour to ensure the availability of the Products and the performance of the Sales Agreement. In the event that performance is not possible and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, may apply, in particular concerning the obligation to return the performance to the Consumer without delay.
15. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may specify a threshold for the minimum Order value for which shipment of the Products is free of charge. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of such fees cannot be determined – about the obligation to pay them, the Customer is informed while placing the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
16. Promotions valid in the Online Shop are not cumulative, unless the provisions of the Promotion expressly state otherwise.
17. In the case of the Booking service, the provisions of this section shall apply mutatis mutandis, subject to the paragraphs below.
18. The Reservation service allows Customers to reserve a Product in a selected Showroom. In order to use the Booking Service, the Customer adds the selected Product to the Basket and then proceeds to the order form.
19. The list of Stores where it is possible to collect the reserved Products is available each time the Customer selects in the order form the delivery option dedicated exclusively to the Booking, which means collection of the Product at the Store.
20. The ability to make a Reservation may depend on the region / address indicated by the Customer in the Order form or the availability of the Reservation service for the Product / Product category in question. Placing several Orders or making several Reservations at the same time, at least one of which is affected by the above limitation, may affect the availability of the Reservation service for the remaining Products.
21. The Seller may enable the Customers to make a Booking also with the use of the technical infrastructure of the Online Store made available in the Showroom. In such a case, the Customer shall not be able to create an Account or log in to the Account and shall be obliged to fill in the form on his or her own as regards the data necessary to make a Reservation, in particular to provide a telephone number and, optionally, an e-mail address.

IV. METHODS AND PERIODS OF PAYMENT FOR THE PRODUCT

1. The Seller shall make available to the Customer, subject to the provisions of point XI(5), various methods of payment for the Sales Agreement.
2. The currently available payment methods are specified in the Online Shop under the tab “Payment methods” and each time on the sub-page of a given Product, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement. The available payment methods may depend on the delivery method or the Product selected by the Customer. The available payment methods may change when several Orders are placed at the same time, in particular with regard to the Products covered by them.
3. The Seller may enable the Customer to collect the Products in person at the Showroom, in particular within the framework of a Reservation (if such a service has been made available by the Seller for a given Product, and in the case of placing several Orders or making several Reservations at the same time – all the Products covered by the Customer’s actions) by making such an option available each time on the sub-page of a given Product or while placing an Order or making a Reservation.
4. Settlement of electronic payment and payment card transactions is carried out according to the Customer’s choice via authorised services.
5. If the Seller does not receive payment from a Customer who has chosen to pay in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, BOK may contact the Customer to remind him of the payment, including by sending an email. Failure to make payment within 3 days of the Order being placed, and thereafter within an additional 2 day period, will result in the Customer’s offer made under the Order not being accepted. The Customer may also, up to the moment of receiving the message about sending the Order, cancel the Order without incurring any consequences by contacting the Seller through the BOK, which is without prejudice to the Customer’s right to withdraw from the contract – however, this does not apply to Non-refabricated Products manufactured to the Customer’s specifications or intended to meet the Customer’s personalised needs .
6. If the Customer chooses to pay cash on delivery, the Customer is obliged to make payment upon receipt of the delivery. The Customer’s refusal to take delivery of the Product, despite setting an additional appropriate deadline, is a condition that terminates the Sales Contract. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not affect his/her right to withdraw from the Contract – however, this does not apply to non-refabricated Products manufactured according to the Customer’s specifications or serving to satisfy his/her individualised needs.

V. COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT

1. The delivery of the Product is available in the territory of the Republic of Poland and to selected countries indicated in the tab “Delivery costs” in the Online Shop and each time on the sub-page of the given Product.
2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The currently available methods and costs of Product delivery are indicated to the Customer in the tab “Delivery costs” in the Online Shop and each time on the subpage of a given Product, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
3. The methods of delivery available may depend on the method of payment chosen by the Customer or the Product. The available delivery methods may change when several Orders are placed at the same time, in particular with regard to the Products covered by them.
4. The total waiting time for the Customer to receive the Product (delivery time) consists of the time for the Seller to prepare the Order for shipment and the time for the carrier to deliver the Product.
5. The time limit for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the Product in question or in the course of placing the Order.
6. The time for the Seller to prepare the Order for dispatch is each time presented on the sub-page of the Product in question and is calculated from (the start of the delivery period):

a. crediting the Seller’s bank account or settlement account – if the Customer chooses the payment method by bank transfer, electronic payment or payment card
b. concluding the Sales Agreement – if the Customer chooses the payment method on delivery.

7. To the aforementioned time, the time of delivery of the Product by the given carrier should be added, which depends on the form of delivery chosen by the Customer and is each time presented on the sub-page of the given Product and in the “Order completion” tab in the Online Shop.
8. In the case of a Booking, the deadline for delivery of the Product to the Showroom under the Booking is up to 14 Business Days, unless a shorter deadline is specified in the description of the Product in question or during the making of the Booking.
9. The time of preparing the Reservation for shipment by the Seller is each time presented on the subpage of a given Product and is counted from the day (beginning of the delivery period) of concluding the agreement for the fulfilment of the Reservation. The time of delivery of the Product should be added to the aforementioned time, which is presented each time on the sub-page of the given Product and in the “Order completion” tab in the Online Store.
10. In the event of a simultaneous Order or Booking for several Products with different delivery dates, the delivery date shall be the longest date given, which may not, however, exceed 14 Business Days.

VI. PRODUCT COMPLAINTS

1. The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Civil Code Act, in particular in Article 556 and subsequent articles of the Civil Code.
2. Products presented in the Online Shop may be covered by a manufacturer’s or distributor’s guarantee. Detailed warranty terms and conditions and its duration are then specified in the warranty card issued by the guarantor and attached to the Product.
3. The Seller is obliged to deliver a defect-free Product to the Customer.
4. A complaint can be submitted by the Customer e.g. in writing to the address: ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra. If the complaint concerns a Product, it is usually advisable to deliver it to the Seller together with the complaint in order to enable the Seller to examine the Product. Details of the ways provided by the Seller to deliver the Product to the Customer free of charge in connection with the complaint are available in the Internet Shop under the tab “Warranty/Complaint”.
5. If the sold Product has a defect, the Customer may:

a. Make a declaration to reduce the Price or withdraw from the Sales Agreement, unless the Seller shall immediately and without undue inconvenience for the Customer replace the defective Product with a defect-free one or remove the defect. The reduced price shall be in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is insignificant;
b. demand to replace the Product with a defect-free one or remove the defect.
 The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience for the Customer;

subject to the reservations and conditions set out in the relevant provisions of the Civil Code.

6. The Customer may, instead of the remedy of defects proposed by the Seller, demand the replacement of the Product with a defect-free one or, instead of the replacement of the Product, demand the removal of the defect, unless bringing the Product into conformity with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed by another way of satisfaction shall be taken into account.
7. It is recommended that the Customer specify in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
8. The Seller shall respond to the Customer’s complaint immediately, but not later than within 14 days of its receipt. If the Customer has demanded replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 days of its receipt, it shall be deemed that the Seller has acknowledged the demand as justified.
9. If, in order for the Seller to respond to the Customer’s complaint or exercise the Customer’s rights under the warranty, it is necessary to deliver the Product to the Seller, in accordance with Article 5612 in connection with Article 354 § 2 of the Civil Code, the Customer shall be obliged to deliver the Product at the Seller’s expense to the address ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra. Details of the ways provided by the Seller to deliver the Product to the Seller free of charge by the Customer are available in the Online Shop under the tab “Warranty/Reclamation”. If, however, due to the type of defect, the nature of the Product or the way in which it is installed, it would be impossible or excessively difficult for the Customer to deliver the Product to the Seller, the Customer may be asked to make the Product available to the Seller, after agreeing the date, at the place where the Product is located.
10. The Seller shall be liable under the warranty if a physical defect is found before the lapse of two years from the date of delivery of the Product to the Customer. A claim for rectification of a defect or replacement of the Product with a defect-free Product shall become time-barred after one year from the date of discovering the defect, however, in the case of an Order placed by a Consumer – the period of limitation shall not end before the lapse of the period referred to in the first sentence.

VII OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

1. The use of out-of-court complaint and redress procedures is voluntary. The following provisions are for information purposes only and do not constitute an obligation on the part of the Seller to use out-of-court means of dispute resolution. The Seller’s statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or other durable medium in the case where the dispute has not been resolved following the complaint submitted by the Consumer.
2. Detailed information concerning the possibility for the Customer who is a Consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Commercial Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:

a. http://www.uokik.gov.pl/spory_konsumenckie.php
b. http://www.uokik.gov.pl/sprawy_indywidualne.php
c. http://www.uokik.gov.pl/wazne_adresy.php

3. The customer who is a Consumer has the following examples of out-of-court complaint and redress procedures:

a. The Customer has the right to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement.
b. The Customer has the right to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings on out-of-court settlement of a dispute between the Customer and the Seller.
c. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumers Association).
 d. The customer may submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and Consumers.

VIII. RIGHT OF WITHDRAWAL

1. A consumer who has concluded a distance contract may withdraw from the contract without giving any reason and without incurring any costs other than those provided for by law, within a period of time:

a. 14 days from the day referred to in paragraph 4 below (hereinafter also “Statutory right of withdrawal”);
b. from 15 to 30 days from the day referred to in paragraph 4 below (hereinafter also “Extended right of withdrawal”) – subject to paragraph 11 below.

The above shall not apply to a contract the object of which is a non-refabricated item manufactured to the Customer’s specifications or intended to meet the Customer’s individualised needs. The exercise of any of the above rights shall not affect other contracts, in particular to the extent that:

a. have been concluded together with the contract covered by the withdrawal declaration as a result of the Customer placing several Orders simultaneously, or
b. The Seller has made the conclusion or content of the contract covered by the withdrawal declaration conditional on the conclusion of another contract, due to the direct relationship between the Products.

It shall be sufficient for the deadline to be observed if the Consumer makes a statement to the Seller before its expiry. The Consumer may make any unambiguous statement informing about his withdrawal from the Sales Agreement. The statement of withdrawal from the Sales Agreement may be made e.g.:

a. in writing to the address: Święty Marcin 29/8, 61-806 Poznań;
b. in electronic form via e-mail placed in the “Contact
Us
” tab at www.vigokombucha.com and www.drinkyoko.com;
c. using the withdrawal form, which constitutes Annex No. 1 to these Terms and Conditions.

2. The consumer may use the model withdrawal form, but this is not obligatory.
3. The period for withdrawal from the Sales Contract shall start from the day on which the Consumer or a third party indicated by the Consumer other than the carrier takes possession of the Product, and in the case of a Sales Contract which:

a. involves multiple Products which are delivered separately, in batches or in parts – from taking possession of the last Product,
batch or part, or
b. involves the regular delivery of Products for a fixed period of time – from taking possession of the first Product;

4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
5. The Seller is obliged to reimburse the Consumer immediately, no later than within 14 days of receipt of the Consumer’s declaration of withdrawal from the contract, the payments made by the Consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available at the Online Shop).
6. Where the Consumer has exercised the Statutory Right of Revocation, the Seller shall 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 incur any costs for the Consumer. If the Consumer has exercised the Extended Right of Revocation, the Seller may refund the payment using the method of payment indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the Product back or the Consumer has provided proof of return, whichever event occurs first.
7. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 days from the date of withdrawal from the Sales Agreement, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to return the Product before the deadline. The Consumer may return the Product to the address: Święty Marcin 29/8, 61-806 Poznań. Please enclose, if possible, the proof of purchase of the Product.
8. If the Consumer exercises the Statutory Right of Revocation, 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. The Consumer’s liability may include, in particular, the impossibility of placing the Product on sale as a full-value Product, the costs of reattaching tags and protective elements to the Product, as well as the costs of restoring the Product to a state making it possible to place it back on sale within the framework of the Online Shop, including the costs of examining the Product by a specialist and the costs of removing the defects identified as a result of such examination (to the extent to which these defects result from the Consumer’s use of the Product in a manner that goes beyond what is necessary to ascertain its nature, characteristics and functioning).
9. The Consumer’s extended right of withdrawal shall only apply to Products that are complete, undamaged and unused, with all tags and safety features that were affixed to the Product when the Consumer or a third party designated by the Consumer took possession of the Product. The Consumer loses the Extended Right of Withdrawal if the Product is used beyond what is necessary to ascertain its nature, characteristics and functioning.
10. The Consumer shall only bear the direct costs of returning the Product. The Seller may, as part of a promotional action, offer the Consumer to collect the returned Products, by the Seller from the Consumer.
11. Subject to paragraph 9 above, the right of withdrawal from a distance contract referred to in paragraph 1(a) or (b) above shall not be granted to the Consumer in cases specified in the provisions of the Civil Code, in particular with respect to contracts: (1) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the start of the performance that after the Seller’s performance he will lose the right to withdraw from the contract; (2) in which the subject of performance is a non-refabricated item, produced to the Consumer’s specifications or serving to satisfy his individualised needs; (3) in which the subject of performance is a Product supplied in sealed packaging which, once opened, cannot be returned for health protection or hygienic reasons, if the packaging has been opened after delivery; (4) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things.
12. The Seller may, within the framework of a temporary promotional action, grant the Customer the right to withdraw from the contract within a specified period of time in the cases referred to in the second sentence of paragraph 1 or paragraph 11 above.

IX. LICENCE

1. The exclusive rights to Content made available/placed within the scope of the Internet Shop by the Seller or its contractors, in particular copyright, the name of the Internet Shop (trademark), graphic elements included in it, software (including the Application) and database rights are legally protected and vested in the Seller or entities with whom the Seller has concluded relevant agreements. The Customer is entitled to use the aforementioned Content, including the Application, free of charge, as well as to use the Content placed in accordance with the provisions of law and already distributed by other Customers within the scope of the Internet Shop, however, only for his/her own personal use and solely for the purpose of proper use of the Internet Shop, throughout the world. The use of the Content, including the Application, to any other extent is only permissible on the basis of express prior consent, granted by an authorised entity, in writing under pain of invalidity.
2. The Customer, by placing within the Online Shop (including through the Application) any Content, in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Shop, hereby grants the Seller a non-exclusive, royalty-free licence to use, fix, amend, delete, supplement, perform publicly, display publicly, reproduce and distribute (in particular on the Internet) such Content, throughout the world. This right includes the right to grant sub-licences to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the functioning and development of the Online Shop), as well as the authorisation to exercise, by itself or through third parties, the dependent rights to develop, adapt, modify and translate the work within the meaning of the Act on Copyright and Related Rights of 4 February 1994. To the extent that the Customer is not entitled to grant the licences referred to in this section 2, the Customer undertakes to obtain such relevant licences for the Seller.
3. Notwithstanding the above provisions, the Application is the subject of the Seller’s copyrights. Upon installing the Application on the Customer’s mobile device, the Seller grants the Customer a non-exclusive licence to use the Application, including the reproduction of the Application solely in connection with its download to the mobile device and the installation and launch of the Application on the Customer’s mobile device. The Customer may install the Application on any number of the Customer’s mobile devices, but only one copy of the Application may be installed on a single mobile device.
4. In particular, the Customer shall not be entitled to translate, adapt, rearrange or make any other changes to the Application, including its source code, except as permitted by law, the Customer shall not be entitled to use the Application for profit-making purposes.

X. PROTECTION OF PERSONAL DATA

1. The Customer’s personal data is processed by the Seller as the personal data controller.
2. The provision of personal data by the Customer is voluntary, but necessary in order to set up an Account, use certain Electronic Services, conclude a Sales Agreement or make a Booking.
3. Detailed information on the protection of personal data is contained in the “Privacy Policy” available in the Online Shop.

XI. TERMINATION OF THE SERVICE CONTRACT AND AMENDMENT TO THE REGULATIONS

1. The Vendor may at any time terminate the Service Agreement or any licence agreement granted under clause IX of the Terms and Conditions with the Customer upon one month’s notice for valid reasons, understood as (closed catalogue):

a. change in the legal provisions governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller or change in the interpretation of the aforementioned legal provisions as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in a given scope;
b. change in the manner of providing services due exclusively to technical or technological reasons (in particular, update of technical requirements indicated in these Terms and Conditions) change in
the manner of provision of services due exclusively to technical or technological reasons (in particular, update of technical requirements indicated in these Terms and Conditions);
c. change in the scope or provision of services to which the provisions of these Terms and Conditions apply, through introduction of new, modification or withdrawal by the Seller of the existing functionalities or services covered by the Terms and Conditions.

2. Notwithstanding the content of paragraph 1, bearing in mind the Vendor’s special care for the protection of the Customer’s personal data and their processing for an appropriate period of time, the Vendor may terminate the Service Agreement with immediate effect in the event of the Customer’s inactivity in the Online Shop for an uninterrupted period of at least 3 years.
3. The Seller shall send its statement to the extent set out in sections 1 and 2 above to the e-mail address provided by the Customer when creating an Account or placing an Order or making a Reservation and, if the Seller does not have the Customer’s e-mail address, as part of the notifications in the Application.
4. The Seller may terminate the Service Agreement or any licence agreement granted under clause IX of the Terms and Conditions with seven days’ notice and/or refuse to grant the Customer any further right to use the Online Shop (including through the Application) and to place Orders, as well as may restrict the Customer’s access to some or all of the Content, for valid reasons, i.e. in the case of a gross breach of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalogue) breaches the provisions of clause II, paragraph 7 a, c, d, e, h, i, j of the Terms and Conditions.
5. For important reasons, i.e. in the case of a gross breach by the Customer of these Terms and Conditions, in a situation where the Customer has breached the provisions of point II.7 f or g of the Terms and Conditions (closed catalogue), the Seller, in order to avoid further damage, may not accept the Customer’s offer with respect to specific forms of payment or delivery. This provision applies irrespective of what data the Customer identifies himself/herself with and what data he/she provides when placing an Order, and in particular when the Customer simultaneously violates the provision of point II.7 a of the Terms and Conditions.
6. In the event of placing a subsequent Order with a specified method of payment or delivery or making a subsequent Reservation by a Customer to whom the provisions of Clause 5 above apply, the Seller shall contact the Customer by sending a message to the e-mail address provided by the Customer to notify of the Customer’s gross breach of the Terms and Conditions and non-acceptance of the offer with the use of a specified method of payment or delivery, while indicating alternative methods of payment or delivery. The provisions of Point IV, paragraph 5 of the Terms and Conditions shall apply accordingly.
7. A Customer to whom the provision of section 4 or 5 above applies may use the Online Shop or use a specific method of payment or delivery after contacting the Seller (via BOK) and obtaining the Seller’s consent to further use the Online Shop or use a specific method of payment or delivery.
8. The Terms and Conditions and the appendices to the Terms and Conditions constitute a model contract within the meaning of Article 384 § 1 of the Civil Code.
9. The Seller may amend these Terms and Conditions (with the exception of point XII of the Terms and Conditions, which applies to Customers who are not Consumers and may be amended at any time on the basis of generally applicable provisions of law) in the event of the occurrence of at least one of the following important reasons (closed catalogue):

a. change of legal provisions regulating the sale of Products or provision of services electronically by the Seller affecting mutual rights and obligations specified in the agreement concluded between the Customer and the Seller or change of interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the given scope;
b. change of the scope or manner of providing services due exclusively to technical or technological reasons (in particular, update of technical requirements indicated in these Terms and Conditions); c. change of the scope or manner of providing services to which the provisions of these Terms and Conditions apply by introducing new ones change in the
manner of provision of services due exclusively to technical or technological reasons (in particular, update of technical requirements indicated in these Terms and Conditions);
c. change in the scope or manner of provision of services to which the provisions of these Terms and Conditions apply, through introduction of new, modification or withdrawal by the Seller of the existing functionalities or services covered by the Terms and Conditions.

10. If changes are made to the Terms and Conditions, the Seller shall make the consolidated text of the Terms and Conditions available by publishing it on the Online Store and by means of a message sent to the e-mail address provided by the Client at the conclusion of the Service Agreement, which is considered by the Parties to be the introduction of the information about the change into the means of electronic communication in such a way that the Client could get acquainted with its content. If the Seller does not have the Client’s e-mail address – the message about the change of the Terms and Conditions will be communicated to the Client as part of the notifications in the Application.
11. The amendment to the Terms and Conditions shall become effective 14 days from the date of sending the information on the amendment. In the case of Customers who have concluded a Service Agreement, i.e. who have an Account, they have the right to terminate the Service Agreement within 14 days from the date of being informed about the change of the Terms and Conditions. The change of the Terms and Conditions does not affect Sales Agreements concluded by the Customer and the Seller before the change of the Terms and Conditions.

XII. PROVISIONS CONCERNING NON-CONSUMERS

1. This XII point of the Terms and Conditions applies only to Customers who are not Consumers.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 days of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
4. From the moment the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until the release of the Product to the Customer and for the delay in transport of the consignment.
5. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a Consumer is excluded.
6. In the case of Clients who are not Consumers, the Seller may terminate the Service Agreement or any licence agreement concluded on the basis of these Terms and Conditions with immediate effect and without stating the reasons by sending a relevant statement to the Client in any form.
7. Neither the Vendor nor its employees, authorised representatives and agents shall be liable to the Customer, its subcontractors, employees, authorised representatives and/or agents for any damage, including loss of profit, unless the damage was caused by them intentionally.
8. In each case of establishing the liability of the Seller, its employees, authorised representatives and/or attorneys-in-fact, the liability in relation to the Customer who is not a Consumer, regardless of its legal basis, shall be limited – both within the framework of a single claim and for all claims in total – to the amount of the paid Price and delivery costs for the last Sales Contract, but not more than one thousand PLN.
9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller’s registered office.
10. With regard to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable provisions of law.

XIII. FINAL PROVISIONS

1. The regulations are effective as of 2020-03-24.
2. Contracts concluded by the Seller shall be concluded in the Polish language.
3. Recording, securing and making available the material provisions of the concluded Agreement for the Provision of Services by Electronic Means shall take place by sending an e-mail to the e-mail address provided by the Customer.
4. Recording, securing, making available and confirming the material provisions of the concluded Sales Agreement to the Customer takes place by sending the Customer an e-mail with the confirmation of the placed Order and by attaching the Order specification and the proof of purchase to the parcel containing the Product. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Internet Shop.
5. The Seller shall provide technical and organisational measures appropriate to the degree of security risk of the functionality or services provided under the Service Agreement. The use of the Electronic Services involves typical risks concerning the transmission of data via the Internet, such as their dissemination, loss or access by unauthorised persons.
6. The content of the Terms and Conditions is available to Customers free of charge at the following URL https://www.vigokombucha.com/regulamin, as well as within the Application, from where Customers may view and take a printout at any time.
7. The Seller informs that the use of the Internet Shop via a web browser or App, including placing an Order, as well as making a phone call to the BOK, may be connected with the necessity of incurring costs of connection to the Internet (data transfer fee) or costs of a phone call, according to the tariff package of the service provider the Customer uses.
8. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
9. The choice of Polish law on the basis of these Terms and Conditions does not deprive the Consumer of the protection granted to him/her under provisions that cannot be excluded by agreement between the Seller and the Consumer under the law that would be applicable under the relevant regulations in the absence of the choice.