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Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

thevirusfoil.com

The "thevirusfoil.com" Online Store operating at https://thevirusfoil.com  is a website run by HESTER DYSTRYBUCJA Sp. z o.o. with its registered office in Pieszyce 58-250 Pieszyce Polska, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register under KRS number 0000514936, with the tax identification number NIP: PL8822120094.

The "thevirusfoil.com" Online Store operating at https://thevirusfoil.com is intended only for consumers. If you are interested in wholesale purchases or purchases for the professional use of sports equipment /hotels, guesthouses, tour operators, organizers of collective recreation, youth organizations, surfing instructors, sports equipment rentals, shops/, please contact us directly at:  wholesale@thevirus.pl to arrange individual terms of sale and delivery.

All transactions concluded with the use of the "thevirusfoil.com" online store operating at the address of https://thevirusfoil.com are subject to the law of the seller's place of residence - Polish law.

Consumer sales carried out through the "thevirusfoil.com" store operating at https://thevirusfoil.com address are addressed to customers based in the European Union. Deliveries of goods are carried out only within the European Union.

 

Glossary

ADDRESSEE - an entity indicated by the Service Recipient as competent to collect the parcel.

DELIVERY – means the actual act consisting in the delivery of the Goods specified in the order to the Buyer by the Seller, including through the Supplier,

SUPPLIER - an entity which, in consultation with the Seller, makes a Delivery of Goods to the Buyer, in particular a courier company, a public postal operator or an operator of parcel equipment.

WARRANTY - a voluntary commitment of the manufacturer of a given product, granted on the basis of a warranty statement, specifying its obligations and the rights of the Buyer (Consumer) or the Entrepreneur on the rights of a consumer, in the event that the goods do not have the properties specified in this statement.

CONSUMER - a natural person who, in accordance with Article 22(1) of the Civil Code, performs a legal transaction with an entrepreneur that is not directly related to his business or professional activity.

ORDER BASKET - an IT program made available by the Seller on the www.thevirusfoil.com website, which enables placing an Order.

BUYER - a consumer, entrepreneur or entrepreneur with consumer rights who concludes a sales agreement in the thevirusfoil.com Online Store; The Buyer is also the Service Recipient.

ENTREPRENEUR – a natural person, a legal person, an organizational unit without legal personality, which, in accordance with Article 43(1) of the Civil Code, conducts business or professional activity in its own name in connection with legal transactions, and performs a legal action directly related to its business or professional activity.

ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person concluding an agreement directly related to his business activity, when the content of this agreement shows that it is not of a professional nature for this person, resulting in particular from the subject of his business activity.

COMPLAINT - a mode of pursuing liability by a consumer, an entrepreneur with consumer rights or an entrepreneur in connection with the stated lack of conformity of the goods with the Sales Contract, on the basis of the provisions of the Act on Consumer Rights and the Civil Code (warranty).

SELLER - an entrepreneur running an online store covered by these Terms and Conditions, i.e. a company under the name HESTER DYSTRYBUCJA Sp. z o.o. with its registered office in Pieszyce 58-250 Pieszyce.  The Seller is also the Service Provider of the online store.

GOODS - all products offered for sale in the online store thevirusfoil.com.

SALES AGREEMENT - an agreement by which the Seller - entrepreneur - undertakes to transfer the ownership of the item (Goods) to the Buyer - consumer and to hand over the item to him, and the Buyer undertakes to collect the item (Goods) and pay the price to the seller, concluded without the simultaneous physical presence of the parties to the contract, by means of one or more means of distance communication up to and including the conclusion of the agreement.

SERVICE PROVIDER - An entrepreneur running an online store covered by these Terms and Conditions, i.e. a company under the business name HESTER DYSTRYBUCJA Sp. z o.o. with its registered office in Pieszyce. The Service Provider may also be the Seller.

SERVICE RECIPIENT - a natural person, a legal person or an organizational unit without legal personality, who uses the service provided by the Service Provider by electronic means; The Service Recipient may also be the Buyer.

ORDER - a declaration of will of the Buyer, the purpose of which is to conclude a contract of sale of Goods, by indicating the Goods, their type and number.

  • 1.

General provisions and use of the online shop

  1. The Terms and Conditions define the rules of using the online store thevirusfoil.com run by the company under the name of HESTER DYSTRYBUCJA - Sp. z o.o. with its registered office in Pieszyce, through the sale of goods remotely, as well as the rules of using the online store by the service recipients, placing orders for the Goods, paying the sale price of the products, delivering the products, the Buyer's rights to withdraw from the agreement and the rules of submitting and considering complaints, and how to return products.
  2. To browse the store's assortment and place orders for the offered products, a computer or other device (smartphone, tablet) with access to the Internet and a web browser, e.g. Edge, Google Chrome, Mozilla Firefox, Safari or other, and an active e-mail account are required.
  3. Browsing the store's assortment does not require registration.
  4. Placing an order for products in the store's assortment requires registration in accordance with the provisions of the Terms and Conditions. For this purpose, the Client fills in the on-line registration form, providing their e-mail address, a password of their choice consisting of eight characters, and is also obliged to accept the terms and conditions of the Store. After registering in the Store, a confirmation of registration will be sent to the Client's e-mail address provided during the registration process. Registration in the store and using the store's functionalities are free of charge. The Service Provider uses cookies to collect statistical information related to the manner in which the Service Recipient uses the Online Store in order to maintain the session of the logged in Service Recipient and to keep statistics on the viewing of the subpages of the Online Store. The Service Recipient may at any time delete the placed cookies or block the placement of cookies using the options available in their web browser, in particular by using the incognito browsing option.
  5. The Service Recipient who has registered a customer account on the Service Provider's website terminates the contract for the provision of electronic services by submitting a request to delete the account. The Service Provider shall remove the registered Client Account and/or e-mail address from the list of subscribers without undue delay.
  6. The online store located at https://thevirusfoil.com does not conduct wholesale of Goods, as well as the sale of Goods for their further resale. In order to discuss the terms of commercial cooperation and possible placement of wholesale orders, please contact us at the following email address: wholesale@thevirusfoil.pl
  7. The Seller may cancel the order placed by the Client who is not a Consumer (i.e. withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) from the moment of concluding the Sales Agreement until the lapse of 14 days from the date of Delivery of the Goods. In this case, withdrawal from the Sales Agreement may take place without giving a reason, in particular when the order indicates the purchase of Goods for the purpose of their further resale. Withdrawal does not give rise to any claims against the Seller on the part of the Client who is not a Consumer.
  • 2.

Terms of sale

  1. Information about products available in the store's assortment constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code.
  2. The subject of the sale are new products, free from defects, presented by the store at the time of placing the order by the Buyer.
  3. All prices of goods in the online store are given in Polish zlotys (PLN or EURO) and are gross prices, i.e. they include tax, including value added tax (VAT).
  4. The prices of the Goods on the website of the Online Store do not include delivery costs, the amount of which depends on the selected method of delivery of the product to the Buyer, as well as on the value and characteristics of the ordered product (m.in. its weight and size) and are given when choosing the method of Delivery of the Goods by the Customer. The total cost of the order, including the price of the products including delivery costs, is indicated in the cart before the Client places the order.
  5. In order to conclude a sales agreement, you should:
  • place an order on the store's website at https://thevirusfoil.com through the order cart - "add to cart" button;
  • confirm that you are aware that the order entails the obligation to make a payment by activating the "Place order" button in the last step of the order basket;
  • enter the details of the recipient of the order and the address to which the Delivery of the Goods is to take place, as well as the telephone number at which the Seller may contact the Buyer in matters related to the order;
  • enter the data for the bill, / or data for the invoice, if the Buyer is to be issued and sent a VAT invoice/. The Client may agree to receive invoices in electronic form; invoices will be sent to the e-mail address indicated in the Client's account;
  • confirm the order with the button: "Order and pay";
  • pay for the order in one of the available payment methods: by transfer in the form of prepayment in the full value of the order to the seller's bank account, through the payment system operator or by means of deferred payments. Orders placed in the store can only be paid for in advance (before the ordered Goods are shipped). The Seller reserves the right to use a special mode of placing an order, in which the Client is obliged to pay an advance payment conditioning the order.
  • 3.

Delivery

  1. The subject of the order will be delivered to the Client within the territory of the European Union, to the address indicated in the order.
  2. The Buyer is obliged to provide the correct and accurate address to which the Goods are to be delivered. The place of performance is the address provided by the Buyer as the address for delivery of the ordered Goods.
  3. At the time of delivery, the Seller delivers the Goods by transferring physical possession of the goods or control over them to the buyer, without undue delay, after the conclusion of the contract, but not later than within 14 days from the date of conclusion of the contract.
  4. At the time of handing over the Goods, the Seller provides the buyer with a fiscal receipt in electronic form or together with a paper shipment. At the request of the buyer, the Seller issues a VAT invoice in electronic form (PDF).
  5. The estimated delivery time of the Goods is 3 to 10 days from the day following the date of shipment, depending on the selected form of delivery. The total and maximum delivery period of the Goods may not exceed 14 days.
  6. The method of Delivery and its terms may vary depending on the weight of the ordered Goods, of which the Buyer is informed each time when placing the order. The cost of delivery depends on the total price of the ordered goods, the form of delivery and the form of payment. The calculation of the final delivery cost is made at the first stage of placing an order online (in the order basket).
  7. The cost of delivery of the goods is borne by the Buyer.
  • 4. 1.

Complaints

Consumer complaints

  1. The Seller shall be liable to the Consumer for the lack of conformity of the Goods with the Sales Contract existing at the time of its delivery and disclosed within two years from that moment, unless the expiry date of the Goods for use, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
  2. The goods are in conformity with the Sales Agreement if they  are in accordance with the Sales Agreement in accordance with its:
    • description, type, quantity, quality, completeness and functionality,
    • suitability for a specific purpose for which it is needed by the Consumer, of which the Consumer notified the Seller at the latest at the time of concluding the Sales Agreement and which the Seller accepted.
  1. In addition, in order to be considered in conformity with the Sales Agreement, the Goods must:
  • be suitable for the purposes for which the Goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
  • be present in such quantities and have such characteristics, including durability and safety, as are typical for Goods of this type and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, its predecessors in title or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:
  • he did not know of the public assurance in question and, judging reasonably, could not have known about it,
  • before the conclusion of the Sales Agreement, the public assurance was rectified in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
  • public assurance had no impact on the Consumer's decision to conclude the Sales Agreement;
  1. be supplied with packaging, accessories and instructions that the Consumer can reasonably expect to be delivered;
  2. be of the same quality as the sample or pattern that the Seller made available to the Consumer before concluding the contract, and correspond to the description of such sample or pattern.
  3. The Seller shall not be liable for the lack of conformity of the Goods with the Sales Contract to the extent referred to above, if the Consumer, at the latest at the time of concluding the Sales Contract, has been clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the Contract specified above, and has expressly and separately accepted the lack of a specific feature of the Goods.
  4. The Seller shall be liable for the lack of conformity of the Goods with the Sales Agreement resulting from improper installation of the Goods, if:
  5. it was carried out by the Seller or under the Seller's responsibility;
  6. improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party (in the case of Goods with digital elements).
  7. If the Goods are inconsistent with the Sales Agreement, the Consumer may demand its repair or replacement.
  1. The Seller may make a replacement when the Consumer requests a repair or the Seller may make a repair when the Consumer requests a replacement and bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or excessiveness of costs relate to both repair and replacement, the Seller may refuse to bring the Goods into conformity with the Agreement. In such a case, the Consumer may submit a statement on price reduction or withdrawal from the Agreement. When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the Sales Agreement, the value of the Goods in accordance with the Sales Agreement and excessive inconveniences for the Consumer resulting from the change in the method of bringing the Goods into conformity with the Sales Agreement.
  1. The Seller repairs or replaces the Goods within a reasonable time from the moment the Seller has been informed by the Consumer about the lack of conformity of the Goods with the Sales Contract.
  2. The costs of repairs or replacement of the Goods are borne by the Seller. The Consumer is obliged to make available to the Seller the Goods subject to repair or replacement in order to collect them, which takes place at the Seller's expense.
  3. If the Goods have been installed before the lack of conformity of the Goods with the Sales Contract is revealed, the Seller disassembles the Goods and reassembles them after repairs or replacements or commissions these activities to be performed at their own expense.
  4. The Consumer may submit a statement on price reduction or withdrawal from the contract if the Goods are inconsistent with the Sales Contract if:
    1. The Seller refused to bring the Goods into conformity with the Sales Agreement;
    2. The Seller has not brought the Goods into conformity with the Sales Agreement;
    3. the lack of conformity of the Goods with the contract continues to occur, despite the fact that the Seller has tried to bring the Goods into conformity with the Sales Contract;
    4. the lack of conformity of the Goods with the contract is so significant that it justifies an immediate reduction of the price or withdrawal from the Sales Agreement;
    5. it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
  1. The reduced price must remain in such proportion to the price resulting from the Sales Agreement in which the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. The refund of the amount due as a result of exercising the right to reduce the price takes place no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
  2. The Seller may not accept the Consumer's statement on withdrawal from the Sales Contract if it proves that the lack of conformity of the Goods with the Sales Contract is insignificant.
  3. In the event of withdrawal from the Sales Agreement, the Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller returns the price no later than within 14 days from the date of receipt of the Goods or the proof of sending them back.
  4. Any complaints related to the Goods or the performance of the Agreement shall be submitted by the Consumer in the form chosen by the Consumer (in writing/by letter, electronically/by e-mail). For notifications, the Consumer may use the form attached to the Terms and Conditions. The notification should include at least: the name, surname and address of the complainant, identification of the complained goods, to the extent appropriate for a given type of goods (e.g. name, manufacturer, colour, size), proof of purchase of the complained goods, description of the non-conformity of the goods and the date in which the defect was noticed, and if applicable, also the circumstances justifying the complaint.
  5. Within 14 days from the date of submission of the Complaint, the Seller is obliged to respond to it.
  6. Regardless of the complaint procedure, the Consumer has the right to access out-of-court complaint handling procedures and remedies.
  7. If the Seller does not accept the complaint, the Consumer may apply for mediation or resolution to the arbitration court.
  8. The provisions of the Terms and Conditions in the above scope also apply to the Entrepreneur with consumer rights.
  • 4. 2

Complaints from entrepreneurs

  1. The Seller is liable to the Entrepreneur if the Goods have a defect (warranty). The Seller is exempt from liability under the warranty if the Entrepreneur knew about the defect at the time of concluding the contract. The defect consists in the non-compliance of the sold item with the contract. In particular, the sold item is inconsistent with the contract if:
  • it does not have the properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
  • does not have the properties of which the Seller has assured the Buyer, including by presenting a sample or a pattern;
  • is not suitable for the purpose of which the Buyer informed the seller when concluding the contract, and the Seller did not raise any objections to its use;
  • was issued to the Buyer in an incomplete state.
  1. The Seller is liable to the Buyer under the warranty if the defect of the Goods is found before the lapse of two years from its release. A claim for removal of a defect or replacement of the Goods with a Goods free of defects expires after one year, counting from the date of finding the defect.
  2. The buyer loses the rights under the warranty if he did not examine the item in time and in the manner customary for items of this type and did not immediately notify the seller about the defect, and if the defect came to light only later - if he did not notify the seller immediately after its discovery.
  3. If the Goods have a defect, the Entrepreneur with the rights of a consumer may:
    1. submit a statement on price reduction (in such proportion to the price resulting from the agreement, in which the value of the item with the defect remains to the value of the item without the defect) or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Entrepreneur replaces the defective Goods with goods free from defects or removes the defect. This restriction does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with one free of defects or to remove defects. The Entrepreneur may, instead of removing the defect proposed by the Seller, demand the replacement of the Goods with a defect-free one, or instead of replacing the Goods, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconveniences to which the Entrepreneur would be exposed by another method of satisfaction. The buyer cannot withdraw from the contract if the defect is insignificant.
    2. demand the replacement of defective Goods with those free of defects or removal of the defect. The Seller is obliged to replace the defective Goods with those free of defects or remove the defect within a reasonable time without excessive inconvenience for the Entrepreneur. The Seller may refuse to satisfy the Entrepreneur's demand if it is impossible to bring the defective Goods into conformity with the Sales Contract in the manner chosen by the Entrepreneur or in comparison with the other possible way of bringing the defective Goods into conformity with the Sales Contract would require excessive costs. The seller may refuse to exchange the item for one free of defects or remove the defect also if the costs of satisfying this obligation exceed the price of the item sold.
  1. If only some of the Goods are defective and can be separated from the Goods free from defects, without any damage to both parties, the Buyer's right to withdraw from the agreement is limited to defective items.
  2. Any complaints related to the Goods or the performance of the Contract shall be submitted by the Entrepreneur in the form chosen by the Entrepreneur (in writing/by letter, electronically/e-mail). The Entrepreneur may use the form attached to the Regulations to notify the Seller. The notification should include at least: the name, surname and address of the complainant, identification of the complained goods, to the extent appropriate for a given type of goods (e.g. name, manufacturer, colour, size), proof of purchase of the complained goods, description of the non-conformity of the goods and the date in which the defect was noticed, and if applicable, also the circumstances justifying the complaint.
  3. Within 14 days from the date of submission of the Complaint, the Seller is obliged to respond to it.
  • 5.

Warranty

  1. Information about the coverage of a given Goods by the warranty granted by the manufacturer of the Goods or the distributor can be found next to the description of the Goods.
  2. The warranty statement specifies the guarantor's obligations and the Client's rights in the event that the sold item does not have the properties specified in this statement, and also contains basic information on how to exercise the rights under the warranty.
  3. The exercise of warranty rights may take place independently of the Complaint.
  • 6.

Withdrawal from the Agreement

  1. The Consumer has the right to withdraw from the Agreement within 14 days without giving any reason.
  2. The time limit for withdrawal from the Sales Contract begins for the Sales Contract under which the Seller releases the Goods – from taking possession of the Goods by the Consumer or a third party indicated by the Consumer other than the carrier, and if the Sales Contract covers many Goods that are delivered separately, in batches or in parts – from taking possession of the last Goods, batch or part, for other contracts – from the date of their conclusion.
  3. The Consumer's declaration of withdrawal from the Sales Agreement does not require a special form. For this purpose, it is sufficient to use the withdrawal form specified in the appendix to the Terms and Conditions or to make a statement that is clear in its content. To meet the deadline, it is sufficient to send the statement before its expiry to the Seller's address.
  4. In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.
  5. If the Consumer has submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
  6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return to the Consumer all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the return of payments received from the Consumer until the Seller receives the Goods back or provides a proof of sending the Goods back, whichever occurs first.
  7. If the Consumer exercising the right to withdraw from the Sales Agreement has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
  8. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which they withdraw from the Sales Agreement. In order to meet the deadline, it is sufficient to send the Goods back to the Seller's address before the expiry of this period.
  9. In the event of withdrawal from the Sales Agreement, the Consumer bears only the direct costs of returning the Goods.
  10. The Consumer is responsible for the decrease in the value of the Goods resulting from using them in a manner exceeding the manner necessary to determine the nature, characteristics and functioning of the Goods.
  11. The Seller shall refund the payment using the same method of payment as the one used by the Consumer, unless the Consumer has expressly agreed to another method of reimbursement that does not involve any costs for the Consumer.
  12. The Consumer does not have the right to withdraw from the Sales Agreement in relation to Sales Contracts in which the subject of the service are audio or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery.
  13. The Consumer does not have the right to withdraw from the Sales Contract in relation to Sales Contracts in which the Goods are an item which, after delivery, due to its nature, is inseparably connected with other items.
  14. The Consumer does not have the right to withdraw from the Sales Contract in relation to Sales Contracts in which the Goods are delivered in a sealed package, which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery.
  15. The above provisions apply to the Entrepreneur with consumer rights.
  • 7.

Data protection

Pursuant to Article 13 of Regulation (EU) 2016/678 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union L 119 of 2016), (hereinafter referred to as "GDPR"), the Seller informs that: the Personal Data Administrator is: the company under the name HESTER DYSTRYBUCJA - Sp. z o.o. with its registered office in Pieszyce, Sienkiewicza 7, 58-250 Pieszyce, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000514936 by the District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register.

  • 8.

Final provisions

  1. In matters not regulated in the Terms and Conditions, the provisions of the Civil Code, the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended) shall apply.
  2. All product names placed on the website of the Online Store thevirusfoil.com are used only for identification purposes and may be protected and reserved on the basis of relevant regulations, including the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117, as amended).
  3. The Terms and Conditions are made available free of charge, at any time, via the activation link placed on the store's home page and in the order basket (before concluding the contract). It is possible to print it out or save it as a file.
  4. The Seller reserves the right to change the Terms and Conditions. The change does not affect the rights of persons who placed an order or concluded a sales contract before the changes to the regulations were made.
  5. Agreements with the Seller and the Service Provider are concluded in Polish or in Polish and English, and in the event of discrepancies between the Polish and English texts, the text in Polish shall be binding
  6. The Terms and Conditions enter into force on 30.11.2024.