REGULATIONS

TERMS AND CONDITIONS OF ONLINE STORE VITHEA.EU

§ 1. DEFINITIONS

The terms used in the Regulations and have the following meaning:
1. Company/Seller – company under the name of Bridge Solutions Hub S.A. with its registered office in Warsaw, 2A Zygmunta Vogla Street, 02-963 Warsaw, registered in the register of entrepreneurs kept by the District Court in Warsaw, XIII Economic Department of the National Court Register, under the KRS number: 0000887045, REGON: 142524552, NIP: 522 2967030, share capital of 1596529,00 PLN.
2. cookies – small text information, sent by the website and stored on the Customer’s side (usually on the computer’s hard drive) in case of concluding agreements via the Internet Store operated by the Company at www.vithea.eu.
3. working days – means the days of the week from Monday to Friday excluding public holidays.
4. Third Party Supplier – the company or companies owning or holding those Products which are sold by the Company and which are not currently in the Company’s warehouse.
5. Purchase Form – an electronic form made available for completion at www.chemicaltiger.com in the case of contracting via www.vithea.eu in which the Customer provides the data necessary for the conclusion and performance of the contract, provided that:
a) in the case of Customers who are consumers, at least the following data must be provided in the Purchase Form: e-mail address, first and last name, residence/delivery address (street and house and/or premises number, postal code and city, country, contact telephone number);
b) if the Customer is not a consumer, at least the following data must be provided in the Purchase Form: e-mail address, name and surname or company name of the Customer, residence/delivery address (street and number of house and/or premises, postal code and city, country, contact telephone number), Tax Identification Number;
6. Civil Code – the Act of April 23, 1964 Civil Code (Journal of Laws of 2022, item 1360, as amended);
7. Consumer – a natural person entering into an agreement and ordering a product for purposes not directly related to business or professional activity within the meaning of Article 221 of the Civil Code;
8. Account – an individual profile of the Customer, marked with a user name (login) and password, constituting a collection of resources and data of the Customer in the Company’s ICT system, containing, in particular, the Customer’s data on submitted Orders.
9. Customer – a natural person with full legal capacity or an Entrepreneur interested in purchasing a Product under the Company through the Store;
10. Product Delivery Entity – a courier company contracted by the Company to deliver to the Customer;
11. Product – parts, accessories, and materials for automobiles, including consumables available in the Online Store;
12. Entrepreneur – natural persons, legal entities, unincorporated organizational units conducting business and other entities with a REGON number, interested in purchasing a Product of the Company through the Store;
13. Regulations – these Regulations;
14. Online Store – Internet service that allows Customers to place Orders for Products, available at www.vithea.eu
15. force majeure – an external, unexpected, unpreventable event beyond the control of the parties (e.g. weather disasters, riots);
16. order – a declaration of will of the Customer aimed directly at placing an order for the purchase of a Product, specifying in particular the type and number of Products.

§ 2. GENERAL PROVISIONS

1. The Rules and Regulations set out the principles for the use by Customers of the Online Store www.vithea.eu available at: www.vithea.eu to order Products, and in particular:
a) terms and conditions for placing Orders by Customers through the Online Store www.vithea.eu
b) conditions and scope of placing an Order;
c) the complaint procedure.
2. The Terms and Conditions are available at www.vithea.eu. The Customer may familiarize himself with its content on the indicated website as well as may download a file containing the Regulations in order to record and reproduce them at any time.
3. The Online Store under the name www.vithea.eu is operated by the Company.
4. address of the Store and contact information:
a) Email: info@vithea.eu
b) Correspondence address: 2A Zygmunta Vogla Street, 02-963 Warsaw.
5. The Customer is obliged to use the Store and its functionality in accordance with the law, the provisions of these Regulations and good manners. It is forbidden to use the Store in a manner that may violate the personal rights of others, as well as to post or distribute through the Store content that is vulgar, untrue or may violate personal rights, the law or other legitimate interests of the Company or third parties. If you change your personal or contact information, the Customer is obliged to correct or complete it. The Customer is obliged to exercise due diligence when using the Store.
6. The Customer may use the electronic services provided by the Companies in the form of creating an Account. Registration of an Account is done by completing the registration form, accepting at least these Regulations and the Privacy Policy. In the registration form it is necessary for the Customer to provide: e-mail address and individual password.
7. The services of maintaining an Account are provided by the Company free of charge. The Customer may remove the Account at any time by submitting a request to the Company:
a) in writing to the address: Bridge Solutions Hub S.A. with its registered office in Warsaw, 2A Zygmunta Vogla Street, 02-963 Warsaw or
b) in electronic form to the address: info@vithea.eu.

§ 3. PLACING AN ORDER

1. Making a purchase of a Product requires providing by the Customer at least the data specified in the Order Form.
2. Placement of the Order and conclusion of the contract is made by performing the following actions:
a) filling in the Order Form;
b) indicating the form of delivery of the Product;
c) acceptance of these Regulations by the Customer;
d) selection of the form of payment and payment by the Customer;
Once the Order is placed and paid for, the Company shall immediately confirm its receipt and simultaneously accept the Order for processing. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Company sending the Customer a relevant e-mail message to the Customer’s e-mail address provided in the Order Form, which shall contain at least the Company’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the contract. Upon receipt by the Customer of the above e-mail message, the contract of sale between the Customer and the Company is concluded.
3. Upon receipt of payment, the Company shall immediately ship the ordered Product through the Product Delivery Entity selected by the Customer when placing the Order to the address indicated in the Order Form. The ordered Product is shipped within 7 Business Days after the amount due for the Product is credited to the Company’s account. The Company stipulates that in exceptional cases the delivery time may be extended up to 10 Business Days. If the planned delivery date is further changed (extended), the Company will inform the Customer of this circumstance by contacting the Customer at the e-mail address, telephone number or mailing address provided by the Customer.
4. In the case of an Order placed through the Store, the Customer may provide address data other than that provided during registration and creation of an Account.
5. Deliveries shall be made in the Republic of Poland, in accordance with the terms and conditions of service applicable to the Product Provider. In the case of Orders delivered via courier company, in the event of absence of the Customer or a person authorized by the Customer at the address indicated for delivery of the Order, the courier company shall make a new attempt to deliver the Product. If the Customer or a person authorized by the Customer is again absent from the indicated address, the Product will be returned to the Company. In such a situation, the order may be reshipped to the Customer after arranging the details with the Company. The cost of re-shipping the Product shall be borne by the Customer. If several Products are purchased under one Order, the ordered Products may be sent to the Customer in more than one shipment. In such a situation, the Customer shall not bear additional delivery costs.
6. If there is any doubt as to the correctness of the Customer’s data, including the delivery address, necessary for delivery, the Company may contact the Customer by e-mail or telephone to verify such data.
7. The Company shall not carry out Orders that have been filled out incorrectly or for which there is a reasonable suspicion that false or fictitious data have been provided. In this case, the Company, cancelling the Order, shall immediately notify the Customer at the e-mail address or telephone number indicated in the Order Form.
8. Payment for the Product shall be made by wire transfer to the Company’s bank account, the details of which shall be indicated after proper completion of the Order Form and acceptance of the Terms and Conditions, or by BLIK application.
9. The content of the concluded contract of sale shall be recorded and made available to the Customer by:
a) making available by the Company and acceptance by the Customer of these Regulations on the website of the Online Store and;
b) sending the Customer the e-mail message referred to in § 3 section 2 of the Regulations. The content of the sales contract is additionally recorded and secured in the Company’s computer system.

§ 4. PRODUCT PRICE

1. All prices shown on the Store’s Website are expressed in Polish zloty and include VAT. The prices of the Products presented on the Store’s Website do not include the cost of delivery of the Products by the Product Provider. The total value of the order includes the price of the Product and the cost of its delivery.
2. The proof of purchase is a VAT invoice issued by the Store and attached to the Order sent to the Customer. All financial transaction costs shall be borne by the Customer.
3. The cost of delivery of the Products depends on the size of the Order and is determined by the Company in the price list available on the website of the Online Store during the Order.
4. th The price list and information on the website www.chemicaltiger.com do not constitute a commercial offer within the meaning of the Civil Code, but only a reflection of the Products sold by the Company, therefore, we do not guarantee the full availability of the Products. The customer placing an order using the mechanisms available on the web pages of the store, makes an offer to buy a specific product under the conditions specified in the description of the Goods. The moment of conclusion of the contract of sale takes place during the written confirmation of receipt of the goods by the Customer.
5. The Company is obliged to deliver the Product in accordance with the concluded contract. Accordingly, the Customer should check the conformity of the delivered Product with the contract, and in case of any irregularities, contact the Company immediately to determine further steps.
6. In the case of courier shipments, before receiving the Product, you should check whether it has been damaged in transit. If the Product is damaged, do not accept the shipment. In such a case, the Customer is obliged to contact the Company as soon as possible to clarify the matter.
7. If the shipment is received and the Customer finds a defect or damage to the shipment that could not be externally noticed upon receipt, including but not limited to:
a) mechanical damage to the contents of the shipment,
b) incompleteness of the shipment,
c) inconsistency of the contents of the shipment with the subject of the Order.
The Customer is obliged to contact the Seller as soon as possible in order to clarify the matter and initiate the complaint procedure.

§ 5. COMPLAINT PROCEDURE

1. The Customer has the right to make a complaint about the Product included in the Order.
2. The Company shall be liable to the Customer if the sold Product has a defect within the meaning of Article 5561 of the Civil Code. The scope and conditions of the Company for defects in the Product are determined by the relevant generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
3. Pursuant to Article 558 § 1 of the Civil Code, the Company’s liability under the Product warranty against the Customer who is not a Consumer shall be excluded.
4. The Customer shall make a complaint by sending a complaint notification regarding the Product in question. In order to accelerate the consideration of the complaint, it is advisable to provide in the complaint: data (name and surname or company name) of the Customer, date of application, invoice number, name and quantity of the Product under complaint, description and type of defect, Customer’s request, contact details (telephone or e-mail address).
5. Complaints should be addressed:
a) in writing to the address: Bridge Solutions Hub S.A. with its registered office in Warsaw, 2A Zygmunta Vogla St., 02-963 Warsaw – with a note on the envelope “Complaint” or
b) in electronic form to the address: info@vithea.eu.
6. The Company shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its receipt by the Company. If the Customer, who is a consumer, in exercising the warranty rights, demanded replacement of the item or removal of the defect, or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Company did not respond to this demand within 14 calendar days, it shall be deemed that the demand was justified. The Company will provide all information regarding the complaint procedure to the Customer at the address and contact details provided by the Customer in the complaint application.
7. The rights of the Customer who is a Consumer shall be governed by the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2020, item 287) and the relevant provisions of the Civil Code.
8. If the Product has a defect, the Customer who is a Consumer may:
a) make a statement to reduce the price or withdraw from the contract of sale, unless the Company immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. This restriction shall not apply if the Product has already been replaced or repaired by the Company or the Company has failed to comply with its obligation to replace the Product with a defect-free one or remove the defect. The Customer may, instead of the removal of the defect proposed by the Company, demand the replacement of the Product with a defect-free one or, instead of replacing the Product, demand the removal of the defect, unless bringing the thing into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Company. When assessing the excessiveness of the costs, the value of the Product free of defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
b) demand replacement of the Defective Product with a defect-free one or removal of the defect. The Company shall be obliged to replace the Defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer. The Company may refuse to satisfy the Customer’s request if bringing the Defective Product into conformity with the sales contract in the manner chosen by the Customer is impossible or, compared to the other possible manner of bringing the Product into conformity with the sales contract, would require excessive costs. The cost of repair or replacement shall be borne by the Company.

§ 6. PRINCIPLES OF USING OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS.

1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. A customer who is a consumer has the following examples of out-of-court ways of handling complaints and claims:
a) The customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2020, item 1706, as amended) to resolve a dispute arising from the concluded contract of sale. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Regulation of the Minister of Justice on Determining the Rules of Organization and Operation of Permanent Arbitration Courts at Provincial Trade Inspection Inspectors dated July 6, 2017. (Journal of Laws of 2017, item 1356)
b) The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Commercial Inspection Act of December 15, 2000 (of 2020, Item 1706, as amended), for the initiation of mediation proceedings for the amicable settlement of a dispute between the Customer and the Company. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.
c) The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers).
3. 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 ODR in consumer disputes), the Company as a trader established in the Union entering into online sales or service contracts provides an electronic link to the ODR (Online Dispute Resolution) platform for out-of-court dispute resolution: https://ec.europa.eu/consumers/odr. Company’s e-mail address: info@vithea.eu.

§ 7. WITHDRAWAL FROM THE CONTRACT

1. A Customer who is a Consumer who has concluded a contract at a distance or off-premises, may withdraw from the contract within 14 days without giving any reason and without incurring costs, except for the costs specified in paragraph 7 below.
2. The period for withdrawal from a sales contract shall begin for a sales contract in the performance of which the Company issues a Product – from the taking possession of the Product by the Consumer or a third party indicated by the Consumer other than the Product Provider, and in case the sales contract includes multiple Products that are delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part, for other contracts – from the date of their conclusion;
3. In order to effectively withdraw from the contract of sale, it is sufficient to send a statement of withdrawal from the contract of sale to the Company before the expiration of the aforementioned period. The consumer may, but is not required to use the model withdrawal form, which is included in Appendix No. 2 to the Law of May 30, 2014 on consumer rights. The consumer may use the model form, but it is not mandatory.
4. The declaration of withdrawal from the contract, with the signature of the Customer, may be sent by mail to the address of the Company: Bridge Solutions Hub S.A. with its registered office in Warsaw, 2A Zygmunta Vogla Street, 02-963 Warsaw, or by e-mail to info@vithea.eu or may be submitted in person at the Company’s registered office.
5. In the event of withdrawal from the Contract of Sale, the contract shall be considered not concluded to the extent covered by the content of the statement of withdrawal.
6. If a statement of withdrawal from the contract of sale is sent, the Company shall immediately confirm to the Customer the execution of the instruction.
7. The Customer shall bear the direct costs of returning the Product when exercising the right of withdrawal from the contract of sale, in the following situations:
a) If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Company shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
b) In the case of a Product that is a service, the performance of which – at the express request of the Consumer – began before the expiration of the deadline for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the fulfilled performance.
8. The Company shall promptly, but no later than within fourteen (14) days from the date on which the Buyer’s statement of withdrawal from the sales contract was delivered to it, return to the Consumer all payments made, including for delivery of the Product (subject to paragraph 7 above). The Company may withhold reimbursement until it receives the Product back or the Consumer provides proof of its return, whichever event occurs first.
9. The Company shall return the payment to the Consumer using the same means of payment as those used by the Consumer, unless the Consumer has agreed to another way of returning the payment, which, however, will not incur any additional fees for the Consumer, such as to the bank account number provided by the Consumer in the withdrawal form.
10. 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.
11. The Company shall not accept shipments sent back “cash on delivery”.
12. the Company informs that, in accordance with Article 38 of the Act of May 30, 2014 on consumer rights, the right of withdrawal from a contract concluded at a distance is not granted to the Consumer, among others, in the case of conclusion of contracts:
a) in which the subject of performance is a non-refabricated thing, manufactured to the Consumer’s specifications or serving to meet his individualized needs;
b) in which the subject of the performance are things that, after delivery, due to their nature, are inseparably combined with other things.

§ 8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Customer shall:
a) to use the Online Store www.chemicaltiger.com in accordance with the provisions of the law, the provisions of the Regulations and good morals;
b) to provide true personal information in the Order Form;
c) not to use the Online Store to make false orders or provide personal data of others as their own data or any other behavior contrary to good morals.
2. The customer declares that all information provided by him in any form during the use of the Online Store and during the handling of the Order and the possible complaint process is true and true to the best of his knowledge.
3. The Company shall have the right to temporarily suspend the Online Store from placing an Order for the duration of the technical maintenance and modernization of the service.
4. The Company shall have the right to withdraw from the execution of the Order at any time and, in particular, in the event of violation of the Regulations by the Customer, provision by the Customer of incorrect personal data, company data or data related to payment. Notwithstanding the above, the Company shall be entitled to take appropriate action in the event of violation by the Customer of generally applicable laws.

§ 9. DISPUTE RESOLUTION

1. In the event of a dispute arising in connection with the performance of the contract, the Parties shall seek to resolve the dispute amicably.
2. Other out-of-court dispute resolution method is indicated in the content of §7 paragraph 3 of these Regulations.
3. Any disputes arising between the Customer and the Company shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.

§ 10. NEWSLETTER

1. The Client may agree to receive the Newsletter provided by the Company. The Newsletter shall be sent only to those Customers who have ordered the Newsletter by checking the appropriate box in the Registration Form or Order Form and have agreed to receive at the provided e-mail address (e-mail address) commercial information within the meaning of the Act of July 18, 2002 on Electronic Service Provision (Journal of Laws of 2020, item 344, as amended).
2. Within the Newsletter service, information in the form of an electronic letter (e-mail) is sent via e-mail to the electronic mail address (e-mail address) provided by the Client. The Newsletter contains, in particular, information about product offerings, current promotions and other information about products offered by the Store. The newsletter is sent free of charge.
3. The Customer may at any time, without giving any reason and without incurring any costs, change the indicated electronic mail address (e-mail address) to which the Newsletter is sent or resign from the Newsletter by pressing the Newsletter link located in the footer of each Newsletter, entering his/her electronic mail address (e-mail address) in the appropriate field, and then selecting the “Unsubscribe” button.

§ 11. CHANGE OF REGULATIONS

1. The Company reserves the right to amend these Regulations, including in order to take into account changes in the law, changes in the functions offered through the Store, the introduction of new services in the Store, better protection of the interests of Customers, clarification of issues of concern to Customers, organizational changes on the part of the Company, the inability to continue to provide services by the Company under the current terms.
2. A change in the provisions of the Regulations shall not lead to the loss of acquired rights by the Customer, if they were acquired in accordance with the law.
3. All Orders accepted by the Company for execution before the date of amendment of the Regulations shall be executed on the basis of the Regulations that were in force on the date of placing the Order by the Customer, unless the provisions of the new version of the Regulations are more favorable to the Customers.
4. The Company shall notify the Customers of the change in the Regulations by sending the appropriate information to the e-mail addresses indicated by them provided when creating an Account at least 14 days before the planned changes come into effect. The Company will also place information on the Website of the Online Store about the change of the Regulations at least 14 days before the planned changes come into effect.
5. If the Customer does not accept the new content of the Terms and Conditions, he/she shall notify the Company within 14 days from the date of receipt of information about the change in the Terms and Conditions. Lack of objection within 14 days from the date of notification shall be considered, in case of doubt, as acceptance of the new version of the Regulations.
6. Changes in the form and nature of the Store, in particular changes to the graphic design of the Store, the addition of new features, images, unless such changes are inconsistent with the provisions of these Regulations, shall not constitute an amendment to these Regulations.

§ 12. FINAL PROVISIONS

1. The Store is the property of the Company. All trademarks, service marks and names that are given on the Website are the property of the Company or the right to use them by the Company results from separate agreements with authorized entities. The textual materials, graphics and IT solutions contained in the www.chemicaltiger.com website are protected by law, in particular by the provisions of the Act of February 4, 1994 on Copyright and Related Rights.
2. The Store, as well as its individual elements, may not be modified, copied, distributed or published for commercial purposes, unless the Company gives its prior written consent.
3. Neither users of the Website nor customers shall have the right to use materials and works posted on the Website without the prior express consent of the Company, under pain of full liability for damages to the Seller and to the authors of individual works.
4. By proceeding to use the Website, the user shall bear full responsibility for any behavior that violates the law and for any damage caused by such behavior, including to third parties.
5. The minimum hardware requirements for use of the Online Store by the Customer are as follows: Mozilla Firefox version 83 or subsequent browser installed or Google Chrome version 87 or subsequent browser with JavaScript enabled. When using the Online Store, cookies are installed on the Client’s computer system. The condition for using the services provided electronically by the Company is to allow the installation of cookies.
6. In matters not covered by the Regulations, the provisions of the Civil Code and the Law on Consumer Rights shall apply.
7. The Regulations shall enter into force on December 12, 2023.