Terms of service

REGULATIONS OF SERVICES - DROPSHIPPING

REGULATIONS OF SERVICES IN POLISH: REGULAMIN USŁUG - DROPSHIPPING

1. The Vintage Leder website (vintage-leder.com) is operated by Vintage Leder sp. z.o.o. (LLC), Lublin, Poland.
2. Other information on the vintage-leder.com website includes the terms "we," "us" and "our." They refer to the company Vintage Leder sp. z.o.o. (LLC).
3. These regulations and other auxiliary materials posted on the website are valid and provided, and now the Customer accepts the Regulations using the "Buy it now" button.
4. The vintage-leder.com website is hosted by Shopify Inc., which provides an online commerce platform for purchasing products and services.

 #1. The definitions used in the Regulations mean:

1. Price - payment due from the Customer to the Supplier under the concluded Sales Agreement, transferred through the Intermediary.
2. Personal data - any information relating to an identified or identifiable natural person within the meaning of Art. 6 of the Personal Data Protection Act.
3. Supplier - an entity that is a party to the Sales Agreement for the Goods presented in the Online Offer concluded with the Customer, obliged to deliver the Goods to the Customer along with the invoice.
4. Dropshipping - a logistics model of sales via the Online Offer, which involves transferring the process of shipping the Goods to the Supplier. The role of the Intermediary in this logistics model is to collect Orders and send them to the Supplier, who ships the Goods to the Customer. Moreover, the Intermediary collects the receivables and transfers them in the Client's name to the Supplier to his bank account, retaining the Commission due. The Agent is not a party to the Sales Agreement concluded by the Customer.
5. Customer – a natural person with total legal capacity, acting as a consumer within the meaning of Art. 221 of the Civil Code, which, as part of the Online Offer, obliges the Intermediary to send an Order to conclude a Sales Agreement with the Supplier.
6. Civil Code - Act of April 23, 1964, Civil Code, Journal of Laws 2023, item 1610.
7. Online offer - each offer relating to a given Good, managed by the Intermediary via the website vintage-leder.com, aimed at matching the Customer with the Supplier on the principles of Dropshipping.
8. Third country - a country outside the territory of the European Union.
9. EU country – a country from the territory of the European Union.
10. Intermediary - an entrepreneur managing the website vintage-leder.com, intermediating in the Sales Agreement based on Dropshipping, does not sell in his own name or on his own account, does not purchase goods that are the subject of the transaction, his role is limited solely to collecting orders for Supplier and accepting payment from Customers and transferring it to the Supplier, less the Commission due.
11. Commission - remuneration due to the Intermediary from the Supplier for collecting Orders from Customers and forwarding them to the Supplier. The Commission is due only if the Sales Agreement between the Customer and the Supplier is concluded.
12. Regulations - these Regulations for the provision of electronic services.
13. Regulation No. 1186/2009 - Council Regulation (EC) No. 1186/2009 of November 16, 2009, establishing a Community system of reliefs from customs duties (OJ EU of 2009, No. 324, page 23).
14. Goods - movable items owned by the Supplier, presented in the Online Offer.
15. Dropshipping Agreement - an agreement for providing Dropshipping services concluded between the Intermediary and the Customer.
16. Sales contract - a contract for the sale of Goods within the meaning of Art. 535 of the Civil Code, concluded between the Supplier as the seller and the Customer as the buyer.
17. Personal Data Protection Act - Act of May 10, 2018, on protecting personal data (Journal of Laws of 2018, item 1000).
18. Act on consumer rights - Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
19. Act on the provision of services by electronic means - Act of July 18, 2002, on the provision of services by electronic means (consolidated text: Journal of Laws of 2016, item 1030, as amended).
20. VAT Act - Act of March 11, 2004, on tax on goods and services (consolidated text: Journal of Laws of 2016, item 710, as amended).
21. Order - the Customer's declaration of will submitted by the Supplier's Intermediary, containing in particular information on the quantity of the Goods and the place of delivery as well as other data enabling the conclusion of the Sales Agreement between the Customer and the Supplier.

 #2. General provisions

1. Before participating in the Online Offer, please read the provisions of these Regulations. Taking part in the Online Offer means: 
   (a) acceptance of the provisions of the Regulations;
   (b) the Customer's consent to the processing of personal data to the extent necessary to handle and execute the Order and to exercise rights and obligations in connection with the concluded or future Sales Agreement, in accordance with the Personal Data Protection Act;
   (c) the Customer's consent to the performance of the Dropshipping Agreement by the Intermediary. At the same time, the Intermediary informs that after fulfilling the Dropshipping Agreement, the Customer loses the right to withdraw from the Dropshipping Agreement under Art. 38 point 1 of the Consumer Rights Act.
   
2. The offer is addressed to natural persons performing legal transactions not directly related to their business or professional activity, i.e. acting as consumers within the meaning of Art. 221 of the Civil Code.
   
3. The Intermediary is not a party to the Sales Agreement concluded by the Customer. The Intermediary offers an intermediation service in purchasing Goods based on the Dropshipping model and assists in its implementation, in particular by transferring the Order to the Supplier and transferring the Price on behalf of the Customer.
4. The Supplier is solely responsible for the correct delivery of the Goods.
5. All information contained in the Online Offer relating to the Goods (including prices) does not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract with the Supplier within the meaning of Art. 71 of the Civil Code. 
6. Concluding a Sales Agreement with the Supplier and effectively placing an Order is possible only if the Goods selected by the Customer are available in the Supplier's warehouse. Merchandise may only be available online via the website vintage-leder.com. Merchandise may be available in limited quantities. If the information provided in the content of the Online Offer is inconsistent with the actual stock status of the Supplier, the Customer is informed about this fact and has the option to change the Order in whole or in part.
7. If concluding a Sales Agreement is impossible due to the lack of the Goods covered by the Order, the Supplier reserves the right to withdraw from the Sales Agreement in whole or in part, and the Order is cancelled in full or in part; about it, the Customer will receive information at the e-mail address provided by him. The payment made by the Customer for the ordered Goods that could not be delivered will be refunded by the Supplier immediately after effectively informing the Customer about the impossibility of completing the Order.
8. The photos in a given Online Offer are only for informational purposes. Slight differences in the actual color and the color shown in the image may also result from differences in the Customer's monitor settings.
9. The Customer is not entitled to any claims against the Agent related to the concluded or future Sales Agreement. The party to the Sales Agreement is the Supplier. However, the Intermediary shall provide the Customer, whenever possible, with the necessary assistance in terms of complaints about the Goods submitted to the Supplier and in submitting the Customer's declaration of withdrawal from the Sales Agreement. This assistance consists, in particular, of the possibility for the Customer to submit a complaint and a declaration of withdrawal from the Sales Agreement directly to the Agent's e-mail address, which will then be forwarded to the Supplier.
10. The Intermediary is liable to the Customer for failure to perform or improper performance of the obligation to transfer the Order to the Supplier and to transfer to the Supplier the receivables paid by the Customer under the concluded Sales Agreement, particularly the Price.
11. The Agent does not guarantee that the quality of the Goods or their compliance with the information or other materials posted on the website will meet his expectations, nor does he guarantee that any discrepancies in the information materials will be removed by the Supplier.

 #3. Placing Orders

1. The provision of the Intermediary's Service in transferring the content of the Order to the Supplier is initiated by the Customer by placing an order on the website.
2. Placing an Order requires providing data enabling the Supplier to deliver the goods and other information required to complete the Order. These data include, in particular, the name and surname of the natural person, name of the legal person or name of the organizational unit, postal code, city, street, building number, apartment or premises number, country/state, mobile phone number, e-mail, possibly other data necessary for proper delivery of the shipment.
3. The Customer agrees that his data (excluding credit card information) may be transferred unencrypted, including by:
   (a) transmission over various networks;
   (b) changes to adapt to the technical requirements of connecting networks or devices.
   Credit card information is always encrypted while in transit over the network.
4. The Customer undertakes not to reproduce, duplicate, copy, sell, resell or use any part of the content or any contact on the website through which the Service is provided without the express written consent of the Intermediary.
5. The provision of personal data by the Intermediary is subject to the Privacy Policy, available at https://vintage-leder.com/policies/privacy-policy.

 #4. Precision, completeness and timeliness of information

1. Regardless of the content contained on this website, the Agent is not responsible for its accuracy, completeness or timeliness. The material on this site is provided for general information and should not be relied upon as the sole basis for making decisions without reference to primary, more accurate, more complete or more timely sources of information. The use of the materials on this website is at your own risk.
2. This website may contain some archived information. Archived information is not current and for reference purposes only. The Agent reserves the right to change the content of this website at any time and has no obligation to update any information on the website. The Client agrees that monitoring changes on the Agent's website is his responsibility.

#5. Changes in prices and scope of services

Prices of Goods offered by the Intermediary may change without prior notice. The Agent reserves the right to change or discontinue the Services (or any part thereof) without prior notice. The Agent shall not be liable to the Customer or any third party for any modifications, price changes, discontinuation or termination of the Services.

 #6. External links

Certain content, products and services available through the Agent Service may include third-party materials. Links on this website may direct the Customer to third-party websites unrelated to the Agent. The Agent is not responsible for the accuracy of these sites or any third-party materials, products or services. The Agent is not responsible for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites.

 #7. Customer comments and opinions

1. The Customer agrees that the Intermediary may, at any time and without restrictions, edit, copy, publish, distribute, translate, and otherwise use any comments or opinions sent by the Customer in any medium. The Agent is and will be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
2. Agent may, but has no obligation to, monitor, edit or remove content that it considers unlawful, offensive, threatening, libelous, degrading, pornographic, inappropriate or otherwise objectionable or violates any party's intellectual property rights.
3. The Client declares that his comments will not violate the rights of any third party, including copyrights, trademark rights, privacy rights, personal rights or property rights. You further warrant that your comments will not contain libelous or otherwise unlawful, offensive or inappropriate material and will not contain any computer virus or other malware that could affect Agent's operation or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or others regarding the origin of any comments. The Customer is solely responsible for any comments left and their accuracy. The Agent assumes no responsibility and makes no warranty regarding comments posted by the Client or others.

 #8. Prohibited use

1. In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the website or its content for the following purposes:
   (a) for illegal purposes;
   (b) to encourage others to commit or participate in any illegal activities;
   (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
   (d) interfere with or infringe our intellectual property rights or the intellectual property rights of others;
   (e) to intimidate, abuse, harm, defame, insult, degrade, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
   (f) submitting false or misleading information;
   (g) transmitting spam, phishing (spam, phish, pharm, pretext, spider, crawl, or scrape);
   (h) for inappropriate or immoral purposes or (i) to interfere with or evade the security features of the Service or any related website, other websites, or the Internet.
2. The Agent reserves the right to terminate the Customer's use of the Services or any related website for violating any prohibition.

1. The Agent does not guarantee that the use of the website will be uninterrupted, timely, secure or error-free. He does not guarantee that the results that may be obtained from the use of the site will be accurate or reliable. Customer agrees that from time to time, Agent may discontinue the Services for indefinite periods or cancel the Service at any time without prior notice.
2. The Customer expressly agrees that using or unable to use the Services is at the Customer's own risk.
3. In no event shall our directors, employees, agents, associates, suppliers, service providers or licensors be liable for any injuries, losses, claims or any other direct, indirect, incidental, punitive, special or consequential damages, including, but not limited to loss of profit, loss of income, loss of savings, loss of data, cost of replacement or any other similar damages.

 #10. Making payments

1. The Intermediary mediates in transferring the Price and possibly other receivables under the Sales Agreement due to the Supplier from the Customer.
2. All Goods Prices placed on given Online Offers are in USD and are not total prices and do not include information on delivery costs. The shipping costs shown in the offer depend on the type of shipment selected by the Customer and will be presented at a later stage of placing the Order.
3. The Price for each Good is binding for the Supplier from the moment the Customer clicks the "Buy it now" button.
4. Failure to recognize the amount due for the Price on the Intermediary's account within 7 (say: seven) days from placing the Order results in the Intermediary being released from the obligation to submit the content of the Order to the Supplier (cancellation of the Order).

 #11. Execution of Orders

1. Provided that the Customer pays the entire Price, the Intermediary transfers the Order to the Supplier for its implementation, particularly sending the Goods to the place indicated by the Customer. The Intermediary also transfers the Price for the Goods due to the Supplier on behalf of the Customer.
2. The Intermediary undertakes to submit the Order together with the Price to the Supplier within 7 (in words: seven) business days from the date of payment of the Price by the Customer, and the Supplier undertakes to send the Goods in accordance with generally accepted principles of goods delivery.
3. When receiving the Goods, the Customer should check the condition of the shipment. Suppose the packaging or goods is found to be damaged. In that case, a damage report must be prepared in the presence of the deliverer, which should be immediately sent to the Intermediary, together with a possible complaint.
4. Clicking the "Buy it now" button by the Customer means reading the content of these Regulations, accepting its provisions and granting a power of attorney to the Intermediary to act on behalf of the Customer to represent him before the Supplier within the scope provided by these Regulations.

 #12. Right to withdraw from the contract

1. The Intermediary informs on behalf of the Supplier that each Customer is a consumer within the meaning of Art. 221 of the Civil Code, has the right to withdraw from the concluded Sales Agreement within 14 (in words: fourteen) days without giving a reason.
2. The consumer bears the shipping costs, restocking fees in connection with withdrawal from the contract.
3. The Customer may withdraw from the Sales Agreement with the Supplier (concluded remotely or off-premises) by submitting to the Supplier - through the Intermediary - a declaration of withdrawal from the Sales Agreement. The declaration of withdrawal should be e-mailed, with the Order number highlighted in the e-mail subject, to the e-mail address provided in the contact tab or assigned to the account on the vintage-leder.com website.
4. After the Customer submits a declaration of withdrawal from the Sales Agreement, the Intermediary immediately informs the Customer about the date, method and address to which the Customer has to return the Goods. This period may not exceed 14 (fourteen) days.
5. The Supplier is obliged to return the payments made for the Goods to the Customer no later than 14 (fourteen) days from the date of receipt of the Goods returned by the Customer. The Supplier refunds the payment using the same method of payment as used by the Customer unless the Customer has expressly agreed to a different way of return, which does not involve any costs for him. Return costs may be different due to changes in exchange rates of the currency in which the Customer made the payment, deduction of delivery fees, restocking fees, tariffs (if applicable).
6. The rights referred to in § 6 sections 1-4 of the Regulations apply to Sales Agreements concluded by the Supplier with a Customer based or habitually resident in an EU country. Sales Agreements completed by the Supplier with a Customer having its registered office or habitual residence in a third country shall be subject to the provisions of law applicable to the Customer's registered office, which may differ from the provisions applicable in EU countries.
7. Due to the fact that the Intermediary obtained the Customer's express consent to conclude the Dropshipping Agreement (see § 2(1)(c) of the Regulations), and before the Intermediary commenced the provision, the Customer was informed that after the provision of the service, he would lose the right to withdraw from the Dropshipping Agreement according to Art. 38 point 1 of the Consumer Rights Act.

 #13. Complaints regarding Goods

1. The Supplier is liable under the warranty under the terms specified in Art. 556-576 of the Civil Code, taking into account any changes in law in this respect.
2. Complaints resulting from the violation of the Customer's legally guaranteed rights should be sent to the e-mail address of the Intermediary provided in the contact tab on vintage-leder.com. The Intermediary undertakes free assistance to the Customer in submitting the complaint to the Supplier. Complaints are considered within the time limits specified in the applicable legal provisions.
3. The right referred to in § 7 section 1 of the Regulations applies to Sales Agreements concluded by the Customer with the Supplier having its registered office or habitual residence in an EU country. Sales Agreements concluded by the Customer with the Supplier having its registered office or habitual residence in a third country shall be subject to the provisions of law applicable to the Customer's registered office or habitual residence, which may differ from the provisions in force in EU countries.

 #14. Complaints regarding the provision of electronic services

1. The Intermediary takes steps to ensure the correct operation of each Online Offer, to the extent that results from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
2. The Customer is obliged to immediately notify about any irregularities or interruptions in the functioning a given Online Offer.
3. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of occurrence of the irregularity.
4. The Intermediary undertakes to consider each complaint within 14 (fourteen) days and, if it is not possible, to inform the Customer before the expiry of this deadline when the complaint will be considered.

 #15. Customs duties and taxes

Suppose the Goods purchased from the Supplier via the Online Offer are sent from a third country. In that case, they may be subject to additional customs duties, excise duties or other taxes as imported Goods (in particular, goods and services tax or similar). The prices of the Goods do not include any taxes or duties, which are the Customer's responsibility. 

#15A. European Tax-Offset Discount and other (Promotion)

1. From time to time, the Intermediary or the Supplier may offer a promotional discount named “European Tax-Offset Discount (20%)” for Orders with a delivery address in the European Union, the United Kingdom, Norway, or Switzerland, and others. Where applicable, the amount payable by the Customer under the Sales Agreement (Price) may be reduced by this discount at checkout.
2. The discount is a commercial promotion only. It does not constitute a tax exemption, zero-rating, import VAT prepayment, or settlement of any customs duties, brokerage/handling fees, or other public charges in the Customer’s country.
3. All import VAT, customs duties, and carrier/handling fees remain the Customer’s responsibility and are payable in addition to the Price (as reduced by the discount), in line with Section #15.
4. The discount is intended to help offset typical import VAT/duties so that the Customer’s overall out-of-pocket cost(Price after discount plus any taxes/fees on import) is approximately comparable to prices displayed on the website. The actual amount of such taxes/fees is outside the control of the Intermediary/Supplier and may differ depending on country, product classification, carrier fees, and exchange rates; therefore, the discount is not a guarantee that no additional amounts will be due or that the final total will exactly match the website price.
5. Returns and refusals. Refunds are processed for the amount actually paid to the Intermediary/Supplier (after the discount is applied). Any taxes, duties, or carrier fees paid to third parties are not refundable by the Intermediary/Supplier, the Customer authorizes deduction of return shipping and any non-recoverable costs from the refund, without prejudice to Section #12. If a shipment is refused due to non-payment of such charges and returned, the Customer authorizes deduction of return shipping and any non-recoverable costs from the refund, without prejudice to Section #12.
6. The promotion may be modified, suspended or terminated at any time and may not be combined with other promotions unless expressly stated. This clause does not constitute tax advice.

#15B. U.S. Shipments — Duties Paid by Shipper (DDP)

1. For Orders delivered to the United States, the Intermediary/Supplier will arrange to prepay and bear U.S. import duties (customs tariffs) and standard brokerage/handling fees upon import (Delivered Duty Paid / DDP), unless stated otherwise at checkout.

2. This arrangement does not include and is not advice regarding state or local sales/use taxes. Such taxes may be collected at checkout or by the carrier, or may remain payable by the Customer under applicable law.

3. Surcharges outside standard import processing (e.g., storage, re-delivery, remote-area fees) and any additional assessments arising from re-inspection/re-valuation by U.S. Customs or from incomplete/incorrect Customer data may be charged to the Customer or deducted from any refund, without prejudice to §12.

4. Where duties/fees have been prepaid under DDP, such amounts are non-recoverable on returns and will be deducted from the refund as non-refundable costs.

#16. Changes to the Regulations

The Agent reserves the right to update, change or replace any part of these Regulations and other documents posted on the website by publishing updates and making changes. It is the customer's responsibility to check the website regularly for any changes. Your continued use of the website or Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 #17. Final provisions

1. These regulations enter into force on 24.10.2023.
2. These Regulations and any additional information posted on the website constitute the entire agreement and understanding between the Customer and the Intermediary and govern the Customer's use of the Services, superseding any previous or contemporaneous agreements, announcements and offers, oral or written, between the Customer and the Intermediary (including, but not limited to any earlier versions of the Regulations).
   For the avoidance of doubt, the Intermediary shall act exclusively as a representative of the Customer in the transaction with the Supplier, and the Customer expressly authorizes such representation upon accepting these Terms.
   
3. In all matters not regulated in these Regulations, the provisions of generally applicable Polish law shall apply.
4. All disputes related to the Dropshipping Agreement will be resolved by the competent Polish common courts having jurisdiction over the registered office of the Intermediary.

 #18. Contact details

The Customer shall submit all comments, claims, notifications and declarations to the Agent via e-mail support@vintage-leder.com

Address:

Vintageleder sp.z.o.o.
Hugo Kołłątaja 6, 3
Lublin, Poland, 20-006
Tax number (NIP): 7123414435