Terms and Conditions of the Verk Group Online Store

effective from 16 April 2019

§1

General provisions

The online store available at verk.sklep.pl is operated by Verk Group Sikorski Spółka komandytowa, with its registered office in Podolszyn Nowy at ul. Wygody 16, 05-090 Podolszyn Nowy, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000531771, Tax Identification Number (NIP): 5342500808, REGON number: 360233917.

Contact details:

1) postal address: B.O.K. VERK GROUP SIKORSKI SP.K., WYGODY 16, 05-090 PODOLSZYN NOWY

2) email address: zamowienia@verk.sklep.pl

3) Customer Service Office telephone number: + 888 055 550 or 22 670 90 10 (charged as a standard telephone call, in accordance with the tariff plan of the operator whose services you use. The Customer Service Office is open from 09:00 to 15:00).

Whenever the terms listed below are used in these Terms and Conditions, they shall have the following meanings:

2.1) Verk Group - Verk Group Sikorski Spółka komandytowa (Verk Group Sikorski Sp.k.), with its registered office in Podolszyn Nowy at ul. Wygody 16, 05-090 Podolszyn Nowy, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw under number 0000531771, Tax Identification Number (NIP) 5342500808, statistical number REGON 360233917,

2.2) Online Store – the online store operated by Verk Group and available at verk.sklep.pl;

2.3) Customer – a natural person who is also a consumer within the meaning of Article 22¹ of the Civil Code, who is at least 13 years of age, provided that if such person is under 18 years of age, the consent of their statutory representative is required unless they have full legal capacity, who uses the Online Store and, in particular, places an order through the Online Store in accordance with the rules set out in these Terms and Conditions;

2.4) Order Fulfilment Time – the number of Business Days within which Verk Group will complete an order placed by the Customer in the Online Store, hand the ordered goods over to the carrier and deliver the ordered goods through the carrier to the place indicated by the Customer in the order;

2.5) Business Days – days from Monday to Friday, excluding public holidays;

2.6) Order – a declaration of intent made by the Customer through the Online Store, specifying: the type and quantity of goods available in the Online Store at the time the order is placed, the method of payment, the method of delivery, the place of delivery and the Customer's details, constituting an offer made by the Customer to Verk Group to conclude a sales contract through the Online Store for the goods covered by the order;

These Terms and Conditions set out the rules for using the Online Store, in particular the rules for concluding sales contracts through the Online Store for goods available in the Online Store, the rules for performing such contracts and the complaint handling procedure.

All goods available in the Online Store are brand new.

To use the Online Store, including browsing its assortment and placing orders, the following minimum technical requirements must be met:

5.1) a computer or other multimedia device with Internet access;

5.2) a web browser:

(5.2.a) Internet Explorer version 11.0 or later with ActiveX, JavaScript and cookies enabled, or

(5.2.b) Mozilla Firefox version 52.0 or later with Java applets, JavaScript and cookies enabled, or

(5.2.c) Google Chrome version 56.0 or later with Java applets, JavaScript and cookies enabled, or

(5.2.d) Opera version 43.0 or later with Java applets, JavaScript and cookies enabled, or

(5.2.e) Apple Safari 8.0 or later with Java applets, JavaScript and cookies enabled;

5.3) an active electronic mail account (e-mail);

5.4) recommended minimum screen resolution: 1360 x 1024 pixels.

In order to ensure the security of communications and data transmitted in the Online Store, Verk Group applies technical and organisational measures appropriate to the level of risk, in particular measures intended to prevent unauthorised persons from obtaining or modifying personal data transmitted over the Internet. Verk Group ensures the security of data transmission in the Online Store by using the SSL (Secure Sockets Layer) protocol.

A Customer using the Online Store is obliged to:

(6.1.a) use the Online Store in accordance with applicable laws and the provisions of these Terms and Conditions,

(6.1.b) use the Online Store in accordance with good practice and with respect for the personal rights of other entities,

(6.1.c) not provide or transmit unlawful content,

(6.1.d) use the Online Store in a manner that does not interfere with its operation,

(6.1.e) use any content made available within the Online Store solely for their own personal use,

(6.1.f) not undertake activities consisting in sending or posting unsolicited commercial information (spam) within the Online Store.

§2

Registration and login

Verk Group provides electronic services enabling Customers to create and use a Customer Account on the Online Store website at verk.sklep.pl.

The Customer Account service enables Customers to use the functionalities of the Online Store after logging in.

Registration of a Customer Account in the Online Store is voluntary and free of charge.

The Customer may browse the assortment of the Online Store and place orders without registering a Customer Account. However, a Customer who has registered a Customer Account in the Online Store may add products to “favourites” or watched items, view order history and track the status of an order.

The Customer may register a Customer Account in the Online Store after selecting the relevant option on the Online Store homepage at verk.sklep.pl, or may register a Customer Account while placing an order through the Online Store.

Registering a Customer Account in the Online Store requires completion of the registration form by providing an electronic mail address (e-mail address) and a password.

In order to make a purchase or register a Customer Account, the Customer is required to read and accept these Terms and Conditions and to consent to the processing of the personal data provided when placing an order or registering, which are marked as mandatory. Providing data marked as mandatory is necessary to place an order or create a Customer Account, to fulfil and process orders placed in the Online Store and to properly provide services electronically. Providing data marked as mandatory is voluntary; however, it is necessary in order to create a Customer Account. Providing personal data not marked as mandatory is voluntary and is not necessary to create a Customer Account.

After completing the registration form, click the “Register” button. Verk Group will then send a message confirming registration of the Customer Account to the electronic mail address (e-mail address) provided in the registration form. The agreement for the provision of electronic services enabling the Customer to create and use a Customer Account on the Online Store website is concluded when the Customer receives the electronic message confirming registration of the Customer Account. The Customer Account service is provided free of charge for an indefinite period.

After registering a Customer Account, the Customer may log in to the Online Store by entering the electronic mail address (e-mail address) provided during registration and the password.

The Customer may terminate the agreement for the provision of the Customer Account service at any time, without giving any reason and without incurring any costs, in particular by sending Verk Group a request to delete the Customer Account by electronic mail to zamowienia@verk.sklep.pl or in writing to the postal address of Verk Group indicated in § 1 point 1.1 of the Terms and Conditions, together with the electronic mail address (e-mail address) currently registered in the Online Store.

Verk Group may terminate the agreement for the provision of the Customer Account service with 14 days' notice for important reasons, including:

(11.1.a) the Customer using the Online Store in a manner that violates applicable law or the provisions of these Terms and Conditions,

(11.1.b) the Customer using the Online Store in a manner that infringes the rights of third parties or accepted standards of conduct,

(11.1.c) the Customer using the Online Store in a manner that interferes with its operation,

(11.1.d) the Customer sending or posting unsolicited commercial information (spam) within the Online Store.

Verk Group may terminate the agreement for the provision of the Customer Account service by sending the Customer a notice of termination by electronic mail to the electronic mail address (e-mail address) currently registered in the Online Store.

Termination of the agreement for the provision of the Customer Account service by either Party, as well as termination of the agreement by mutual consent of both Parties, will result in the Customer Account being blocked and deleted from the Online Store.

Termination of the agreement for the provision of the Customer Account service by either Party, as well as termination of the agreement by mutual consent of both Parties, does not affect rights acquired by the Parties before termination of the agreement.

§3

Placing orders

The Customer may purchase goods available in the Online Store by placing an order. Orders may be placed twenty-four hours a day, seven days a week, through the Online Store website at verk.sklep.pl.

An essential part of the order placement procedure is that the Customer reads and accepts these Terms and Conditions, which the Customer confirms by ticking the appropriate box before finalising the order. Failure to accept these Terms and Conditions during the order placement procedure prevents the Customer from purchasing goods through the Online Store.

The order placement procedure also requires the Customer to provide the personal data indicated in the order form as mandatory and, by ticking the appropriate box before finalising the order, to consent to the processing of the Customer's personal data provided when placing the order for the purpose of fulfilling and processing the order placed in the Online Store. Providing personal data marked as mandatory is voluntary; however, it is necessary in order to place an order. Providing personal data not marked as mandatory is voluntary and is not necessary in order to place an order.

In order to place an order through the website verk.sklep.pl, the Customer must compile the order, select the area and method of delivery of the goods, select the payment method, complete the order form, and then approve and send the order by clicking the “Order with obligation to pay” button. Clicking the “Order with obligation to pay” button means that the Customer places an order carrying an obligation to pay.

The Customer compiles the order using the “Cart”. By clicking the “Add to cart” button, the Customer selects goods available in the Online Store at the time the order is placed, in accordance with their description and price, and selects a size if the goods are offered in different sizes. After clicking the “Continue” button, the Customer selects the area and method of delivery of the goods, the payment method and completes the order form.

The order form must include:

(6.1.a) the Customer's full name and address,

(6.1.b) the Customer's telephone number and electronic mail address (e-mail address);

(6.1.c) the recipient's details and the address to which the goods are to be delivered if the ordered goods are to be delivered to an address other than the Customer's address and to a place other than an InPost Parcel Locker or another collection point.

A Customer who has registered a Customer Account in the Online Store may place an order using the Customer Account after logging in to the Online Store.

Goods ordered in the Online Store may be delivered within the territory of the Republic of Poland.

Information on the total value of the order, which includes the price of the goods, is provided each time on the Online Store website at verk.sklep.pl during the order placement process, including immediately before and at the time the Customer approves and places the order. These are the total costs that the Customer is required to pay, including applicable taxes and the costs of delivery of the goods.

During the order placement procedure, up to the moment the “Order with obligation to pay” button is clicked, the Customer may modify the order, in particular with regard to the selection of goods, the area and method of delivery of the goods, the payment method and the data provided in the order form. To modify the order in respect of a selection, click the “Change” button displayed on the Online Store website during the order placement procedure.

The order is placed after the order has been compiled, the area and method of delivery of the goods and the payment method have been selected, and the order form has been completed. The order is placed by the Customer clicking the “Order with obligation to pay” button. An order placed through the Online Store carries an obligation to pay.

Placing an order by the Customer constitutes an offer made to Verk Group to conclude a sales contract for the goods covered by the order.

After the Customer places an order, Verk Group will immediately send electronic messages to the electronic mail address (e-mail address) indicated in the order form or in the Customer Account, where the Customer placed the order using the Customer Account, confirming receipt of the order and acceptance of the order for fulfilment. A sales contract between the Customer and Verk Group is concluded when the Customer receives the electronic messages from Verk Group confirming receipt of the order and acceptance of the order for fulfilment. Confirmation, provision, recording and safeguarding of the content of the concluded contract takes place by sending the Customer the electronic message referred to above confirming receipt of the order and acceptance of the order for fulfilment, together with these Terms and Conditions, information on the right of withdrawal from the contract and the model withdrawal form.

A Customer who selected advance payment when placing an order should pay the price and the costs of delivery of the goods during the order placement process or no later than within 7 days of receiving from Verk Group the electronic message confirming receipt of the order and acceptance of the order for fulfilment referred to in point 13 above. If payment is not made within the above period, the order is cancelled and the Customer is informed accordingly. The Customer incurs no costs in connection with cancellation of the order.

A Customer who selected payment upon receipt of the ordered goods (cash on delivery) when placing the order is required to make payment upon receipt of the shipment containing the ordered goods.

The electronic services provided by Verk Group that enable Customers to place orders for goods offered by Verk Group through the Online Store are free of charge and one-off in nature. The service ends immediately after Verk Group fulfils the order or when the Customer earlier discontinues the process of placing an order through the Online Store.

§4

Product prices

The prices of goods presented on the Online Store website are expressed in Polish zlotys and are gross prices, i.e. they include taxes, including value added tax (VAT).

The prices of goods shown on the Online Store website do not include the costs of delivery of the goods. The costs of delivery of the ordered goods are provided each time on the Online Store website during the order placement process, including immediately before and at the time the Customer approves and places the order, and are included in the total value of the order. The total value of the order includes the price of the goods and the costs of their delivery.

Information on the price of the goods, their features and essential characteristics is available on the Online Store website and is displayed next to the goods concerned.

The binding and final price is the price stated in the “Cart” in the order summary at the time the Customer places the order through the Online Store.

The prices of goods presented on the Online Store website may change; however, a change in the price of goods does not affect orders placed before the price change takes effect.

§5

Methods of payment for ordered goods and fees for delivery of ordered goods

The currently available payment methods, including electronic payment methods and the IAIPay system, are specified on the Online Store website under the “Payment methods” tab at https://verk.sklep.pl/Sposoby-platnosci-cterms-pol-17.html and on the website of the bank through which the Customer makes the transfer. In addition, the currently available payment methods are presented for selection at the beginning of the order placement procedure, before the order is placed.

§6

Order fulfilment, method and costs of delivery of ordered goods

Goods ordered through the Online Store are delivered within the territory of the Republic of Poland.

The currently available delivery methods are: delivery to an InPost Parcel Locker, or delivery through Poczta Polska or DPD. In addition, the delivery methods currently available for a given order and their costs are presented for selection at the beginning of the order placement procedure, before the order is placed.

Goods ordered through the Online Store are delivered to the place indicated by the Customer in the order on Business Days, i.e. from Monday to Friday, excluding public holidays.

The costs of delivery of the ordered goods are borne by the Customer, regardless of the value of the order, unless, as a result of separate arrangements between the Parties or a promotional campaign, the Online Store assumes those costs.

The fulfilment time for an order placed through the Online Store, where the ordered goods are to be delivered within the territory of the Republic of Poland, is approximately 6 Business Days counted from the date:

(5.1.a) where the Customer selected payment upon receipt of the ordered goods (cash on delivery) when placing the order – from the date Verk Group sends the Customer an electronic message confirming acceptance of the order for fulfilment,

(5.1.b) where the Customer selected advance payment by credit card (Visa, MasterCard) or online electronic banking transfer when placing the order – from the date Verk Group receives confirmation from the payment processor that the payment was successfully completed,

Goods ordered through the Online Store are delivered with a fiscal receipt issued by Verk Group and, at the Customer's request, if the relevant option has been selected and the information necessary to issue an invoice has been provided, with a VAT invoice covering the subject matter of the order.

§7

Right of withdrawal

Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683, as amended), a Consumer who has concluded a distance contract may withdraw from that contract within 30 days without giving any reason and without incurring any costs, except for the costs specified in point 7 and point 8 below. Information on the right of withdrawal, including in particular information on the manner and time limit for exercising the right of withdrawal and on the costs of returning goods in the event of withdrawal, which are borne by the Consumer, constitutes Annex 1 to these Terms and Conditions.

The withdrawal period begins:

(2.1.a) for a contract under which Verk Group delivers goods and is obliged to transfer ownership thereof (e.g. a sales contract) – from the moment the Consumer, or a third party indicated by the Consumer other than the carrier, takes possession of the goods, and in the case of a contract covering multiple goods delivered separately, in lots or in parts – from the moment the last item, lot or part is taken into possession,

(2.1.b) for other contracts – from the date the contract is concluded.

The Consumer may withdraw from the contract by informing Verk Group of their decision to withdraw by means of an unequivocal statement submitted through the Customer Account, by sending a withdrawal statement to the e-mail address zamowienia@verk.sklep.pl, or by sending a withdrawal statement by post to: Verk Group Group Sp. z o.o. Sp.k., ul. Wygody 16, 05-090 Podolszyn Nowy. The withdrawal statement may be submitted using the model withdrawal form constituting Annex 2 to these Terms and Conditions, but use of that form is not mandatory.

To meet the withdrawal deadline, it is sufficient to send information concerning the exercise of the right of withdrawal before the withdrawal period expires.

In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded. If a Customer who is a Consumer submits a withdrawal statement before Verk Group has accepted their offer, the offer ceases to be binding.

In the event of withdrawal from the contract, the Consumer is obliged to return the goods to Verk Group without undue delay and no later than within 30 days from the date on which the Consumer informed Verk Group of the withdrawal. The deadline is met if the Consumer sends the goods back before the expiry of the 30-day period to: Verk Group Group Sp.z o.o., Sp.k. ul. Wygody 16, 05-090 Podolszyn Nowy. Please mark the shipment “Return” or “Withdrawal”.

The Consumer is required to bear the direct costs of returning the goods.

In the event of withdrawal from the contract, Verk Group will, without undue delay and no later than within 30 days from the date of receipt of the Consumer's withdrawal statement, refund the Consumer the price and the costs of delivery of the ordered goods – up to an amount corresponding to the cheapest delivery option available for the given offer.

At the Customer's choice, the refund may be made to the balance available in the Customer Account, from which future orders may be paid, or using the same payment methods as those used by the Consumer, unless the Consumer has expressly agreed to another method of refund – in each case the Consumer will not incur any fees in connection with the refund.

Verk Group may withhold the refund of payments received from the Consumer until it has received the goods back or until the Consumer has supplied evidence of having sent back the goods, whichever occurs first.

The Consumer is liable for any diminished value of the goods resulting from handling them in a manner other than was necessary to establish the nature, characteristics and functioning of the goods.

Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683, as amended), the right of withdrawal from a distance contract does not apply to the Consumer in relation to contracts:

(12.1.a) for the provision of services, if the trader has fully performed the service with the Consumer's express consent and the Consumer was informed before performance began that, once the service had been fully performed by the trader, the Consumer would lose the right of withdrawal;

(12.1.b) in which the subject matter of the performance is a non-prefabricated item manufactured according to the Consumer's specifications or serving to satisfy the Consumer's individualised needs;

(12.1.c) in which the subject matter of the performance is an item liable to deteriorate or expire rapidly;

(12.1.d) in which the subject matter of the performance is an item delivered in sealed packaging which cannot be returned after the packaging has been opened due to health protection or hygiene reasons, if the packaging was opened after delivery;

(12.1.e) in which the subject matter of the performance consists of items which, after delivery, by their nature become inseparably combined with other items.

§8

Complaint handling procedure

1. Verk Group is obliged to deliver goods to Customers free from physical and legal defects.

Verk Group is liable to Customers for defects in goods under the rules laid down in the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended), in particular Article 556 et seq. of the Civil Code.

A complaint may be submitted by the Customer:

(3.1.a) through the Customer Account, or

(3.1.b) in writing to the address of the Verk Group Customer Service Office: Verk Group Group Sp. z o.o. Sp.k., Customer Service Office, ul. Wygody 16, 05-090 Podolszyn Nowy, marked “Complaint”, or

(3.1.c) by e-mail to: zamowienia@verk.sklep.pl

It is recommended that a complaint include in particular: full name, correspondence address, electronic mail address (e-mail address) to which the response to the complaint is to be sent (if the Customer wishes to receive the response by electronic mail), the date the goods were purchased, the type of goods complained about, a detailed description of the defect and the date it was discovered, the Customer's request, as well as the Customer's preferred method of being informed about the outcome of the complaint. Proof of purchase of the goods should be provided to Verk Group together with the complaint. This may be, for example, a copy of a receipt or invoice, a printout from a payment card statement or other proof. The above description of a complaint submission is merely an example which the Customer is not required to follow and does not affect the effectiveness of complaints submitted without the recommended description.

A Customer exercising statutory warranty rights is required, at Verk Group's expense, to the address of the Verk Group Customer Service Office: Verk Group Group Sp. z o.o. Sp.k., Customer Service Office, ul. Wygody 16, 05-090.

Verk Group will review and respond to the complaint without undue delay and no later than within 14 days from the date the complaint is submitted. The Customer will be informed of the manner in which the complaint has been handled in accordance with the contact details indicated in the complaint.

A complaint concerning services provided electronically should include in particular: a description of the matter to which the complaint relates, the electronic mail address (e-mail address) provided during registration of the Customer Account or in the order form, and the electronic mail address (e-mail address) or correspondence address to which the response to the complaint is to be sent if the Customer wishes to receive the response by post or electronic mail at an address different from the electronic mail address (e-mail address) provided during registration of the Customer Account or in the order form, as well as the Customer's preferred method of being informed about the outcome of the complaint. The above description of a complaint submission is merely an example which the Customer is not required to follow and does not affect the effectiveness of complaints submitted without the recommended description. The complaint will be reviewed and a response regarding the manner in which it has been handled will be provided without undue delay and no later than within 14 days from the date the complaint is submitted. The Customer will be informed of the manner in which the complaint has been handled in accordance with the contact details indicated in the complaint.

If the submitted complaint contains any deficiencies, Verk Group will ask the Customer to supplement them in accordance with the contact details indicated in the complaint.

§9

Out-of-court complaint handling and redress

Detailed information on out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing those procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Trade Inspection Inspectorates, and at the following addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php www.uokik.gov.pl/wazne_adresy.php www.uokik.gov.pl/sprawy_indywidualne.php

The Customer may obtain free assistance in resolving an individual dispute between the Consumer and Verk Group by using the free legal assistance of a municipal or district consumer ombudsman or a social organisation whose statutory tasks include consumer protection, including the Consumer Federation – website address: www.federacja-konsumentow.org.pl .

The European Consumer Centres Network also assists in resolving individual disputes and consumer complaints relating to cross-border transactions. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl .

The Customer has, among others, the following options for using out-of-court dispute resolution between the Consumer and Verk Group:

(4.1.a) applying to the Voivodeship Inspector of the Trade Inspection with a request to initiate proceedings for out-of-court resolution of the dispute between the Consumer and Verk Group by enabling the parties' positions to be brought closer together in order for the parties to resolve the dispute, or by presenting the parties with a proposal for resolving the dispute,

(4.1.b) the Customer is entitled to apply to a permanent arbitration court operating at the Voivodeship Inspector of the Trade Inspection with a request to resolve a dispute arising from a concluded sales contract.

The Trade Inspection is an entity authorised to conduct proceedings for out-of-court resolution of consumer disputes. The tasks of the Trade Inspection in conducting proceedings for out-of-court resolution of consumer disputes and in organising and operating permanent arbitration courts are performed by the territorially competent Voivodeship Inspectors of the Trade Inspection. Website address of the Mazovian Voivodeship Inspector of the Trade Inspection in Warsaw: http://www.wiih.org.pl/index.php?id=131 . A list of all Voivodeship Inspectors of the Trade Inspection and permanent arbitration courts, together with their website addresses, is available on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl/wazne_adresy.php .

A list of institutions dealing with out-of-court resolution of consumer disputes, together with information on the types of cases handled by each entity, is available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. There is also a contact point operating under the President of the Office of Competition and Consumer Protection for out-of-court resolution of consumer disputes and the online consumer dispute resolution system. Its tasks include, among other things, assisting Consumers in matters concerning out-of-court resolution of consumer disputes, in particular disputes arising from cross-border contracts concluded with consumers.

The Consumer may use the online consumer dispute resolution platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). The European ODR platform is intended to facilitate independent, impartial, transparent, effective, fast and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations arising from online sales or service contracts concluded between consumers resident in the European Union and traders established in the European Union. The electronic link to the ODR platform is: ec.europa.eu/consumers/odr.

We also remind you of the electronic mail address of Verk Group Group Sp. z o.o. Sp. k. for contact with Customers: zamowienia@verk.sklep.pl.

The available out-of-court methods of handling complaints and pursuing claims may be used after the complaint procedure has been completed and are voluntary – both parties must consent to the proceedings. Verk Group agrees to participate in proceedings for out-of-court resolution of disputes with Consumers.

§10

The Customer may consent to receiving the Newsletter made available by Verk Group. The Newsletter is sent only to Customers who have subscribed to the Newsletter by selecting the appropriate box in the registration form or order form and have consented to receiving commercial information at the electronic mail address (e-mail address) provided, within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2013, item 1422).

As part of the Newsletter service, information in the form of an electronic message (e-mail) is sent by electronic mail to the electronic mail address (e-mail address) provided by the Customer. The Newsletter contains in particular information about Verk Group's product offer, new collections, current promotions and other information about products offered by Verk Group. The Newsletter is sent free of charge.

The Customer may at any time, without giving any reason and without incurring any costs, change the electronic mail address (e-mail address) to which the Newsletter is sent or unsubscribe from the Newsletter by clicking the Newsletter link placed in the footer of each Newsletter, entering their electronic mail address (e-mail address) in the appropriate field and then selecting the “Unsubscribe” button.

§11

Personal data and privacy policy

Verk Group is the controller of the personal data of the Store's Customers.

In matters related to personal data protection, the Customer may contact our Data Protection Officer by writing to: zamowienia@verk.sklep.pl.

Providing personal data by users of the Website is voluntary. Customers' personal data will be processed for purposes related to registration in the Store and, where the appropriate consent has been given, for marketing our products and services and participation in the Newsletter service. In the case of purchasing goods, personal data will be processed for the purpose of properly performing the contract for the sale of our products and their shipment. Failure to provide personal data necessary to conclude a sales contract will result in refusal to conclude such contract.

The legal basis for processing personal data in connection with registering a Customer in the Online Store, marketing products and services and participation in the Newsletter service is the consent given, whereas in the case of purchasing goods, processing is necessary for the performance of the contract.

Personal data will be stored until the Customer withdraws consent or for a maximum of 5 years from the time the order is fulfilled.

We will transfer personal data to companies supporting Verk Group in the fields of IT, legal services and marketing activities, as well as to companies delivering goods for us. We will not transfer Customers' personal data to third countries.

Each Customer has the right to request from Verk Group access to their data, rectification (correction), portability and erasure of their data, as well as the right to restrict data processing. In connection with our processing of personal data, the Customer has the right to lodge a complaint with the President of the Personal Data Protection Office.

We will not make automated decisions, including decisions resulting from profiling, on the basis of Customers' personal data.

The User has the right to withdraw at any time consent to the processing of personal data that are processed on the basis of the consent given. Withdrawal of consent will not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

Verk Group uses cookies, i.e. small text and numeric files that are stored by the IT system in the User's IT system (on the User's computer, telephone or other device from which the connection to the Website was made) while browsing the Website, including the Online Store subpage, and which allow the User to be identified later if the User reconnects to the Website from the device (e.g. computer, telephone) on which they were stored.

Cookies collect data concerning the User's use of the Website, including the Online Store subpage. Their main purpose is to make it easier for the User to use the Website, to adapt Website pages to the needs and expectations of a particular User (personalisation of Website subpages), and to analyse User traffic within the Website.

Cookies are used on the Website with the User's consent. Consent may be expressed by the User through appropriate software settings, in particular the settings of the web browser installed on the telecommunications device used by the User to browse the content of the Website.

The Website User may also restrict or disable cookies in their browser at any time by configuring it to block cookies or warn the User before a cookie is stored on the device used to browse the Website content. In such a case, however, use of the Website, including the “Online Store” subpage, may be less efficient, the User may not have access to some content and, in extreme cases, correct display of the Website pages, including the “Online Store” subpage, may be completely blocked.

§12

Return of used batteries and accumulators

Pursuant to the Act of 24 April 2009 on Batteries and Accumulators (Journal of Laws 2009 No. 79, item 666, as amended), we inform you that: the Customer has the right to return used batteries and accumulators free of charge. Used batteries and accumulators must not be disposed of with municipal waste – they must be taken to an appropriate collection point.

As a seller of batteries and accumulators, we undertake to accept used batteries and accumulators from users.

Used batteries and accumulators may be sent to our address:

VERK GROUP SIKORSKI SP.K.
ul. Wygody 16
05-090 Podolszyn Nowy
marked: “Used batteries”

Shipping costs are borne by the sender.

§13

Final provisions

Contracts concluded through the Online Store are concluded in Polish.

Information and price lists posted on the Online Store website at verk.sklep.pl concerning goods presented in the Online Store do not constitute an offer within the meaning of the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended).

Verk Group respects all rights of Customers provided for under applicable law, in particular those provided for in the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683). The provisions of these Terms and Conditions are not intended to limit or exclude any rights of Customers arising from applicable law.

These Terms and Conditions are available free of charge on the Online Store website under the “Terms and Conditions” tab at https://verk.sklep.pl/Regulamin-sklepu-cterms-pol-18.html , at the registered office of Verk Group and in the Showrooms. The Terms and Conditions are made available on the above website in a form that enables their content to be obtained, reproduced and recorded using the IT system used by the Customer. The content of a contract concluded through the Online Store is recorded, safeguarded and made available by sending the content of the concluded contract to the Customer's electronic mail address provided as part of the transaction carried out in the Online Store.

Verk Group reserves the right to amend these Terms and Conditions for legal or organisational reasons. Customers who have registered a Customer Account in the Online Store will additionally be notified of an amendment to the Terms and Conditions by information about the amendment being sent to the electronic mail address (e-mail address) provided in the registration form. Notice of an amendment to the Terms and Conditions will be given no later than 14 calendar days before the amendment takes effect. Amendments to the Terms and Conditions take effect on the date specified together with the information about the amendment, but no earlier than 14 calendar days after notice of the amendment has been given. The amended Terms and Conditions will bind a Customer who has registered a Customer Account in the Online Store unless, if the Customer does not accept the amendments, the Customer notifies Verk Group – within 14 calendar days from the date of receiving information about the amendment – of termination of the agreement for the provision of the Customer Account service.

If these Terms and Conditions are amended, all contracts concluded and orders placed before the date on which the amendment takes effect will be performed in accordance with the Terms and Conditions in the wording applicable on the date the contract was concluded and the order was placed by the Customer.

In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2017, item 459, as amended) and the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683).

The Annexes to the Terms and Conditions are: Information on the right of withdrawal, constituting Annex 1 to the Terms and Conditions, and the model withdrawal form, constituting Annex 2 to the Terms and Conditions.

These Terms and Conditions enter into force on 23 April 2019 and apply to contracts concluded from that date.

Annex No. 1

INFORMATION ON THE RIGHT OF WITHDRAWAL

1. Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period expires 30 days after the date:

1.1) on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods – in the case of a contract obliging the transfer of ownership of goods,

1.2) on which you acquire possession of the last of the goods or on which a third party other than the carrier and indicated by you acquires possession of the last of the goods – in the case of a contract obliging the transfer of ownership of multiple goods delivered separately,

1.3) on which you acquire possession of the last lot or part or on which a third party other than the carrier and indicated by you acquires possession of the last lot or part – in the case of a contract obliging the transfer of ownership of goods delivered in lots or parts,

1.4) on which the contract is concluded – in the case of contracts for the provision of services.

To exercise the right of withdrawal, you must inform us, i.e. Verk Group Group Sp. z o.o. Sp.k., ul. Wygody 16, 05-090 Podolszyn Nowy, electronic mail address (e-mail address): zamowienia@verk.sklep.pl, Customer Service Office telephone number: +48 888 055 550 or 22 670 90 10, of your decision to withdraw from this contract by means of an unequivocal statement, for example by a letter sent by electronic mail to: zamowienia@verk.sklep.pl or a letter sent by post to: Verk Group Group Sp. z o.o. Sp.k. ul. Wygody 16, 05-090 Podolszyn Nowy, marked “Return”. You may use the model withdrawal form, but this is not mandatory. Registered Customers may also submit a withdrawal statement after logging in through the Customer Panel. To meet the withdrawal deadline, it is sufficient for you to send the information concerning exercise of your right of withdrawal before the withdrawal period expires.

2. Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and in any event no later than 30 days from the date on which we are informed of your decision to exercise the right of withdrawal from this contract. At your choice, we will make the reimbursement to the balance in the Customer Account or using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods or until you have supplied us with evidence of having sent them back, whichever occurs first. Please send back or hand over the goods to us without undue delay and in any event no later than 30 days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the 30-day period has expired to: Verk Group Group Sp. z o.o. Sp.k. ul. Wygody 16, 05-090 Podolszyn Nowy, marked “Return”. You will have to bear the direct cost of returning the goods. You are liable only for any diminished value of the goods resulting from handling them in a manner other than was necessary to establish the nature, characteristics and functioning of the goods.

Annex No. 2

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

Addressee: Verk Group Group Sp. z o.o.Sp.k., ul. Wygody 16, 05-090 Podolszyn Nowy, e-mail: zamowienia@verk.sklep.pl

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

Goods or service details

Name of goods or service (*):

Product code (*):

Size (*):

Quantity (*):

Gross unit price (*):

Date of conclusion of the contract (*):

Date of receipt (*):

Consumer details

Consumer's full name:

Consumer's address:

Consumer's signature:

(*) Delete as appropriate.

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