I. GENERAL PROVISIONS

The Online Store is run by the Service Provider.
The User may use the Online Store provided that the User has a terminal device that provides access to the Internet, an installed, working and continuously updated Windows, Linux, macOS operating system, with an installed, working and continuously updated Chrome, FireFox, Opera web browser with cookies, ActiveX and JavaScript enabled, and a minimum screen resolution of 1024x768 pixels.

The User using the Online Store is obliged to comply with the Regulations.

II. DEFINITIONS

The following expressions used in the text of the Regulations have been assigned the following meanings:

Delivery of Goods - a service of transport and possibly bringing the Goods to the place indicated by the User. The Goods Delivery Option is selected by the User from among the available options;
Password - a sequence of alphanumeric characters necessary for authorization (User identification) when accessing the Account, set independently by the User;

Helpline - the User's telephone service center, available at the telephone number provided in the Online Store, through which you can obtain information about the Products and the principles of operation of the Online Store;

Clauses - legally required consents in the form of so-called checkboxes on the appropriate page of the Online Store, which the User granted to the Service Provider when registering the Account or placing an Order in the "Guest" formula; Consumer - a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, including purchasing Goods or using the Service, services within Products other than Goods, for purposes unrelated to their business or professional activity, and a natural person who concludes an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity; Account - a set of information stored in the Online Store and in the Service Provider's IT system regarding a given User and the Orders placed by him/her and the Sales Agreements concluded, agreements for the provision of services within Products other than Goods, as well as the MyVape-Shop Account with the use of which the User may place Orders, conclude Sales Agreements, agreements for the provision of services within Products other than Goods or post opinions about Goods or services within Products other than Goods, the purchase of which is or was possible via the Online Store;
Basket - an electronic form made available by the Service Provider in the Online Store, by means of which the User selects a Product in order to place an Order;

Login - the User's e-mail address used during the registration process and each time the Account is used;

New Order - an electronic message (e-mail containing the phrase: "New Order" in the subject line) automatically generated and sent by the Service Provider's IT system to the e-mail address indicated by the User) informing about the Service Provider registering your Order in the Online Store; New Orders also contain, among others, electronic links to the content of the Regulations and the Privacy Policy; New Order does not constitute an Order Confirmation;

Privacy Policy - a document of the Privacy Policy of the mediamakrt.pl Online Store constituting a set of information regarding the processing of the User's personal data available in the Online Store;

Order Confirmation - an electronic message (e-mail containing the phrase: "Order Confirmation" or "Order - ready for collection" in the subject line) sent by the Service Provider on its own behalf or on behalf of another Seller or Sellers to the e-mail address indicated by the User confirming that the Order indicated in its content can be fulfilled by the Seller. The Order Confirmation contains additional information regarding the Order being fulfilled by the Seller, including Products, price, the Seller's store fulfilling the Order, as well as electronic links to the content of the Regulations and Privacy Policy;

Additional Service - a service related to the Product ordered by the User to the Seller. The terms of ordering the Additional Service, also constituting a product of a third party, which is offered by the Seller, are specified or may be specified in separate regulations or terms of its implementation available to the User on the Online Store website;

Product - Product, Delivery of Goods or Additional Service;
Regulations - these regulations;

Force Majeure - an external event beyond the control of the parties to the legal relationship, the occurrence of which the party affected by the action of Force Majeure could not reasonably foresee and the occurrence of which could not be prevented, and which prevents this party from permanently or temporarily exercising its rights or obligations, in particular on the basis of a given legal relationship; Online Store – an IT platform (information system and remote selection and purchase of Goods or provision of services within Products other than Goods), available at the electronic address
https://vape-shop.ie
, enabling Users to familiarize themselves with the Sellers' Goods and Products other than Goods, including the prices and availability of Products, conclude a Sales Agreement, agreements for the provision of services within Products other than Goods, as well as post opinions on Goods or services within Products other than Goods, the purchase of which is or was possible via the Online Store;

Goods - movable goods offered by the Seller via the Online Store (this term also includes accessories and components, including software and digital content delivered to the Buyer together with the Goods or separately under the Regulations);

Sales Agreement - a sales agreement within the meaning of the Civil Code concluded at a distance, i.e. via the Online Store between the Buyer and the Seller within the meaning of the Act. Delivery by the Seller to the User (after placing an Order in the Online Store) of the Order Confirmation is identical to the conclusion of the Sales Agreement (this does not apply to the conclusion of agreements the subject of which is the delivery of digital content);

Service - a service of the Online Store provided free of charge to the User electronically;
Newsletter - information, including commercial information from the Service Provider or Sellers, sent to the User electronically, by or on behalf of the Service Provider or Sellers;
Service Provider - www.eirhorse.com is operated by Eirhorse Limited (“we”). VAT No: IE3199497FH, Company Registration No: 530554 and our registered office is Cornyeal, Westcourt, Co. Kilkenny, e-mail:
info@eirhorse.com

User - a natural person who is over 18 years of age, has full legal capacity, a legal person, an organizational unit without legal personality, but can acquire rights and assume obligations in its own name, who uses the Online Store;

Order - a declaration of intent to purchase Goods or order services within Products other than Goods externalized by the User via the Online Store (by remotely filling in an electronic form in the Online Store), in a way that allows the Seller and the Service Provider to identify the User, further specifying the Goods that are to be the subject of the Sales Agreement or the order of services within Products other than Goods, the place of their receipt, provision or delivery and the form of payment for the price of the Product.

III. USING THE ONLINE STORE

1.Using the Online Store is possible in the "Guest" formula, as well as within the existing User Account or through the MyVape-Shop Account, which is equivalent to concluding an agreement for the provision of Services between the User and the Service Provider.

2.The provision of the Service shall commence immediately after the conclusion of the agreement for the provision of Services.

3.The agreement for the provision of Services shall be concluded for an indefinite period. Each party to the agreement for the provision of Services may terminate it without giving reasons. The declaration of termination of the agreement for the provision of Services shall be effective at the end of the calendar month in which the declaration was delivered to the other party in writing (i.e. recorded in writing, signed and sent to the addressee at the appropriate address) or in documentary form (to the e-mail address) (the day of effectiveness). The termination of the binding force of the agreement for the provision of Services shall occur after the expiry of the one-month notice period, which shall commence on the day of effectiveness of the declaration of termination of the agreement for the provision of Services. The termination of the binding force of the agreement for the provision of Services shall not affect the binding force and content of the Sales Agreements and service agreements for Products other than Goods, which were concluded by the User before the date of termination of the binding force of the agreement for the provision of Services.

4.In the event of termination of the binding force of the agreement for the provision of Services between the parties, the Account of a given User shall cease to be active and available to the User, and all Orders placed by him, except for those for which Sales Agreements have already been concluded, shall be cancelled (ceasing to bind the User).

5.The information collected in the Account is available to the Service Provider and to all Sellers in order to enable the User to exercise the rights to which the User is entitled related to the concluded Sales Agreements and any benefits in relation to all Sellers.

6.The Account is assigned to the User who logs in to it by providing the appropriate Login and Password. The User undertakes not to share his Login and Password with third parties. All behaviors, including declarations of will or knowledge implemented through the Account are attributed to the User. This applies in particular to Sales Agreements or agreements for the provision of services within the scope of Products other than Goods concluded in connection with Orders placed from the Account of a given User, unless the Login and Password were made available for reasons for which the Service Provider or the Seller is responsible.

7.The requirement to register and use the Account does not apply to Users using the Online Store in the "Guest" formula. In such a case, the User is obliged to fill in the appropriate electronic form (available in the Online Store) before placing an Order by entering the data required by the Service Provider, necessary for their identification and conclusion and performance of the Sales Agreement or service provision agreements for Products other than Goods. The data necessary for identifying the User are considered to be personal data including the User's first and last name, the User's e-mail address and their telephone number and address for possible delivery of Goods or provision of services for other Products. The User may be asked to provide additional data depending on the Products purchased in the Online Store, e.g. date of birth. The User should accept (by checking the appropriate checkboxes in the electronic form being filled in) the content of the Regulations and confirm that they have read the Privacy Policy. The User using the Online Store in the "Guest" formula is not obliged to accept the remaining Clauses.

8.Each time an electronic form is filled in that allows for placing an Order in the "Guest" formula, it is equivalent to concluding a new agreement for the provision of Services between the given User and the Service Provider. Such an agreement expires and loses its binding force between the parties when: a) the given Order is cancelled, or b) the Sales Agreement or the agreement for the provision of services within Products other than Goods concluded in connection with the given Order is performed by the parties, or c) loses its binding force between them for other reasons provided for by law, or d) in the event that the data entered by the User makes it impossible to perform the Sales Agreement or the agreement for the provision of services within Products other than Goods.

9.The performance of the Sales Agreement, depending on the form of its performance chosen by the User, may result in the User being required to provide additional data as part of the Order placed in order to properly perform it.

IV. INVITATION TO CONCLUDE A CONTRACT

1.The Online Store presents the Products of the Sellers along with their prices and an invitation for Users to conclude Sales Agreements for Goods and other agreements for Products other than Goods.

2.The Online Store does not conduct wholesale or sale of Products for the purpose of their further resale. Wholesale orders are understood in particular as orders in which the number of Goods or the frequency of their placement indicates the desire to further resell the goods covered by them. In the event of the desire to place a wholesale order, the User may send an inquiry about the offer to the Sellers via a form dedicated for this purpose within the Online Store. Then, after the Parties agree on the terms of execution of such an order, including its separate acceptance by the Parties, it will be executed for a jointly agreed price.

3.Photos and descriptions of Goods posted in the Online Store are illustrative materials, the purpose of which is only to enable the User to develop a general idea of the properties, appearance and performance parameters of the Goods. In particular, the appearance of the Goods in the photos presented in the Online Store may differ slightly from the external appearance of the Goods issued to the Buyer, which differences may result from different settings of the Buyer's monitor, lighting conditions, etc. factors related only to using the Internet for shopping. The above reservations do not apply to the technical specifications and brand and model designations of a given Goods made available in the Online Store. For the avoidance of doubt, this provision does not have the effect of limiting the liability of the Service Provider or the Seller towards the User or Buyer who are Consumers.

4.Announcements, advertisements, price lists and other information posted in the Online Store are not considered an offer, but an invitation to conclude an agreement. They also do not constitute an assurance from the Seller.

V. ORDER

1. The User may place an Order in the following manner:

via the Account - after logging into the Account using the appropriate Login and Password, or
using the "Guest" formula - i.e. without having to register an Account, but only by remotely filling out the appropriate electronic form in the Online Store, subject to acceptance of the Regulations, Privacy Policy.

2. Information on the main features, price, availability of the Product is displayed in the Online Store next to the photo or in the description of the Product.

3. Orders in the Online Store can be placed twenty-four (24) hours a day. Services may be unavailable to Users during periodic maintenance of the Online Store and in the event of its failure.

4. In order to place an Order, the User - via access to the Online Store:

a) selects the Product that is to be the subject of the Sales Agreement, or a Product other than the Product, by adding it to the Cart;

b) selects the method of Delivery of the Goods from the list available in the Online Store or the place of provision of services (as part of Products other than Goods);

c) selects the method of payment from the options marked as available in the Online Store or in the manner available from the Seller in the event of selecting collection from the Seller;

d) verifies the correctness of the entered/selected data regarding the Order, in particular the quantity and type of ordered Products, place of collection, provision of the Product or Delivery of the Goods, User data and the price for the Product or the price for Delivery of the Goods and the form of payment;

e) confirms, as binding on him, the provisions of the Regulations and confirms that he has read the current Privacy Policy;

f) may accept additional optional Clauses, if such are offered for acceptance to the User;

g) selects the option "I order and pay", which means that placing an Order is associated with the obligation to pay.

5. Depending on the method of execution of the Order by the Seller, the User may be required to provide additional data.

6. The Order may include Goods collected from the Seller, excluding the Service Provider, collected from various Sellers, excluding the Service Provider, or Goods delivered to the address indicated by the User, or Products other than Goods provided at the location indicated by the User. All costs related to the Order are available for the User to view before placing the Order, in the Basket. The Seller may refuse to process the Order or cancel the confirmation of the execution of the Order violating the conditions specified in this point, after informing the User in advance, but no later than within 14 days from the date of the Order Confirmation.

7. Immediately after placing the Order, the User will receive a New Order to the e-mail address (e-mail message in the subject line "New Order"). It is only a confirmation of the delivery of the Order to the Service Provider's e-mail server and does not lead to the conclusion of a Sales Agreement between the User and the Service Provider or the Seller.

8. The Service Provider forwards the Order to the Seller, unless it fulfills it itself.

9. The Seller considers the placed Order in terms of its possibility of fulfillment. In particular, the condition for the Confirmation of the Order is the availability of the Goods in the Seller's warehouse. The Seller reserves the right to refuse to fulfill the Order if it was placed in a manner inconsistent with the Regulations or if the User grossly violates its provisions.

10. In the event of refusal to execute the Order before the conclusion of the Sales Agreement, the refund of the price of the Goods paid by the User or the price of the Goods and delivery costs in the scope of goods to which the refusal to execute the Order applies, will be made within 14 days from the date of informing the User about the refusal to execute all or part of the Order. The Service Provider informs the Seller on behalf of the Seller about the refusal to execute all or part of the Order by canceling it.

11. The User may cancel their own Order until the conclusion of the Sales Agreement or the agreement for the provision of services within Products other than the Goods (i.e. until the Order Confirmation).

12. In the event that the execution of part or all of the Order is not possible, the Seller (on whose behalf the Service Provider may act) shall without undue delay (by e-mail or telephone): a) inform the User about the refusal to execute the Order in its entirety (the User receives information about the cancellation of the Order, which in such a case is considered not to have been placed) or b) propose to the User to execute the Order in the part in which its execution is possible (presenting a proposal to cancel the Order in part). If the User accepts this proposal, the subject of the Sales Agreement or the agreement for the provision of services within Products other than Goods concluded in the performance of a given Order will be the Products covered by the part of the Order that has not been canceled (in the part that cannot be fulfilled, this Order will be considered as not placed).

13. Within two (2) consecutive days after receiving the proposal from the Seller to cancel the Order in part, the User may confirm to the Seller in an appropriate form (i.e. by e-mail) his/her consent to the partial cancellation of the Order and, consequently, the performance of the Order in the remaining part. If the User does not provide the Seller with appropriate confirmation within this period, the Order will be treated as not placed in its entirety.

14. The Seller, via the Online Store, confirms the possibility, readiness and commencement of the Order execution at the place of receipt of the Goods chosen by the User, or Delivery of the Goods to the address, or place of provision of services within Products other than Goods, provided by the User, by sending the User an Order Confirmation.

15. The content of the placed Order and the related Sales Agreement is sent as an Order Confirmation with appropriate links to the content of the Regulations and Privacy Policy (Order Confirmation). This provision applies accordingly to agreements for the provision of services within Products other than Goods and regulations made available via the Online Store relating to agreements for the provision of services within Products other than Goods.

16. The Order Confirmation will be sent by the Seller via the Online Store no later than within seven (7) days from the date of sending the New Order. In special cases (e.g. pre-sale), based on separate regulations accepted by the Buyer, the period may be extended.

17. Subject to Goods constituting digital content, the Sales Agreement is concluded and becomes binding between the Seller and the Buyer upon delivery of the Order Confirmation to the Buyer's e-mail server (e-mail message with the subject "Order Confirmation"). The day of delivery of the e-mail message with the subject "Order Confirmation" is considered to be the day on which the message was received by the e-mail server servicing the e-mail address provided by the Buyer in the electronic Order form. This provision applies accordingly to agreements for the provision of services within Products other than Goods.

18. The Seller and the Service Provider are not liable for errors made by the Buyer when placing the Order or modifying it.

19. The User will be informed about the status of the Order via e-mail. The User can also contact the Seller via the Helpline or by e-mail.

VI. SALES AGREEMENT TERMS

PARTIES TO THE SALES AGREEMENT

1. The parties to the Sales Agreement are exclusively the Buyer and the Seller, whose data are placed on the fiscal receipt or invoice, and are also available to the Buyer before placing an order in the Online Store interface.

PRICE

2. All prices presented on the Online Store website are given in Euro (€) and include all taxes and public duties.

3. The unit price of the Goods given in the Online Store may differ from the unit price of the same Goods if they were purchased directly, physically from the Seller in the retail outlet run by him under the Eirhorse brand. For the purposes of the Sales Agreement, the price given in the Online Store will apply.

PAYMENT

4. The User may pay the price for the Product in a manner available in the Online Store or - in the case of selecting the "Pick-up in store" option - in a manner available from the Seller of their choice.

5. The Seller reserves the right to exclude certain forms of payment in relation to certain Products, categories of Products or Products or the number of ordered Products.

6. Depending on the place where the Order fulfillment process begins (own warehouse or external warehouse run by a third party), the sales transaction will be documented by a fiscal receipt or invoice.

7. The Buyer who placed the Order may receive an electronic invoice from the Seller to the e-mail address they provided. By accepting the terms of the Store Regulations and confirming that they have read the Privacy Policy, the Buyer agrees that the Seller may issue and send a VAT invoice in electronic form, in accordance with the Act on Goods and Services Tax.

8. The User who has chosen online payment as a form of payment (e.g. e-transfer, payment by card via the Internet) is obliged to pay for the ordered Goods, no later than within 30 minutes from the moment of redirection by the Online Store to the payment panel. As part of the promotional campaigns and based on their regulations, the payment deadline may be shortened on the terms specified therein. In the event of failure to pay for the Order within the required deadline, the Order is not placed and is treated as non-existent.

9. The User who has chosen online installment payment as a form of payment, provided via the Internet by a third party, is obliged to fill in the appropriate form provided to him by that entity, necessary to conclude a consumer credit agreement and obtain financing, no later than within 2 hours from switching from the shopping cart to the consumer credit application form. Failure by the User to effectively send the application to the third party results in the lack of effective placement of the Order in the Online Store.

RECEIPT OR DELIVERY OF GOODS

10. The Seller shall ship the Goods to the Buyer in the manner specified in the Order Confirmation.

WITHDRAWAL BY THE BUYER FROM THE SALES AGREEMENT

11. A consumer who has concluded a Sales Agreement (distance agreement) may withdraw from this agreement without giving reasons by submitting a written declaration within thirty (30) days from the date of delivery of the Goods or its last part. In order to effectively withdraw from the agreement, it is sufficient to send the Seller a signed declaration of withdrawal from the agreement by the Consumer before the expiry of the above deadline. The consumer may, but does not have to, use the template declaration constituting Annex No. 1 to the Regulations. The declaration with the Consumer's signature may be sent in the form of a scan via e-mail to the address info@vape-shop.ie or in the original by post to the Seller's address. The declaration may be submitted in electronic form, provided with a secure electronic signature verified by means of a valid qualified certificate (electronic signature) or without an electronic signature.

12. In the event of effective withdrawal from the Sales Agreement, the agreement is considered not to have been concluded. The Goods should be returned immediately, preferably together with sending the declaration of withdrawal or separately - but no later than fourteen (14) days from the date of sending the declaration of withdrawal from the agreement. The original signed declaration of withdrawal from the agreement should be attached to the shipment with the returned Goods, unless such a declaration was previously sent by post, or submitted in person to the Seller or sent in the form of an electronic e-mail message. In the event that the Buyer exercises the right to withdraw from the Sales Agreement, the return of the Goods by the Buyer may be made through a third party providing courier, transport or postal services at the buyer's expense.

13. The returned Goods should be in an unchanged condition, unless the change was necessary to determine the nature, characteristics and functioning of the Goods. The Buyer should return the Goods in the same quantitative and qualitative composition in which they received them (subject to the previous sentence). In particular, the Goods should be accompanied by all parts, accessories, instructions, terms of use and other documents received with the Goods, as well as a document confirming the purchase. The Buyer is liable for a decrease in the value of the Goods resulting from their use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods. It is recommended that the returned Goods be packed in the original packaging, unless it has been removed in order to determine the nature, characteristics and functioning of the Goods. In such a case, it is necessary to ensure that the Goods are safely packed in order to avoid the risk of damage during transport. Before sending, the parcel should be marked with the correct address of the Seller to whom the Goods are being returned.

NOTE: E Liquids that do not have a protective film for safety reasons are not subject to return.

14. The refund of the price of the Goods paid by the Buyer and the costs of delivery to the Buyer will be made within fourteen (14) days from the date of receipt of the Buyer's statement of withdrawal from the Sales Agreement, using the same method of payment as used by the Buyer. The above sentence does not apply to the situation in which the Buyer made the payment by previously choosing the "cash on delivery" payment method, made the payment to the Seller's account by postal order or made the payment using another form of money transfer, through companies providing such services. The Seller will then return the funds paid by the Buyer to the bank account indicated by the Buyer. If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until the goods are received back or the Consumer provides proof of their return, depending on which event occurs first.

COMPLAINTS - WARRANTY

15. Buyer's complaints based on the guarantee should be reported directly to the relevant guarantor or to the relevant guarantor through the Seller. These complaints are considered by the relevant guarantor (issuer of the guarantee statement). The terms of the guarantee are specified in the guarantee card attached to the Goods or information located on the guarantor's website.

16. Goods that are the subject of a complaint based on the guarantee should be delivered directly to the point indicated by the guarantor or to the Seller, or through a third party providing courier or postal services at the guarantor's expense, unless the circumstances indicate that the defect should be removed in the place where the item was located at the time the defect was discovered.

17. The guarantor is obliged to perform its obligations within the period specified in the content of the guarantee statement, and if it is not specified - immediately, but no later than within fourteen (14) days from the date of delivery of the item by the person entitled to the guarantee, and deliver the item to him at his own expense to the place indicated.

18. Proof of purchase of the Goods and a valid warranty card are required for the guarantor or Seller to accept a complaint under the warranty.

19. The deadline and principles for handling complaints about Goods submitted under the guarantee are specified in the content of the guarantee document. Unless another deadline is stipulated, the guarantee period is two years from the date on which the item was delivered to the Buyer.

20. The guarantee does not exclude or limit the Buyer's rights or affect the Seller's liability for non-conformity of the Goods with the contract. However, in the event of the Buyer exercising the rights under the guarantee, the period for exercising the rights under the warranty is suspended on the day the Seller is notified of the defect. This period continues to run from the day the guarantor refuses to perform the obligations arising from the guarantee or the ineffective expiry of the time for their performance.

LACK OF CONFORMITY OF THE GOODS WITH THE CONTRACT

21. The Goods are in accordance with the contract if, in particular, their:

a) description, type, quantity, quality, completeness and functionality, and in relation to Goods with digital elements - also compatibility, interoperability and availability of updates;

b) suitability for a specific purpose for which they are needed by the Consumer, about which the Consumer notified the Seller at the latest at the time of conclusion of the Sales Agreement and which the Seller accepted.

In addition, the Goods, in order to be considered in accordance with the Sales Agreement, must:

c) be suitable for the purposes for which Goods of this type are usually used, taking into account applicable legal regulations, technical standards or good practices;

d) be in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, 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 given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:

- was not aware of the public assurance given and, judging reasonably, could not have been aware of it,

- prior to the conclusion of the Agreement, the public assurance was rectified in the same terms and form as the public assurance was made, or in a comparable manner,

- the public assurance did not influence the Consumer's decision to conclude the Sales Agreement.

e) be supplied with packaging, accessories and instructions that the Consumer could reasonably expect to be provided;

f) be of the same quality as the sample or model that the Seller made available to the Consumer before the conclusion of the Agreement, and correspond to the description of such sample or model.