1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning as described in EU regulations: a natural person, who is acting outside the scope of an economic activity (trade, business, craft, liberal profession).
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
1.4 “Transport Contract” means a contract between the Buyer and a postal operator entered by the Seller on behalf of the Buyer in order to supply the Goods;
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.6 "Seller" means Krzysztof Obarski Hobby Pro Spychalskiego 15/27, 61-543 Poznań, Poland. With VAT number PL7831510606;
1.7 “Store” means the Seller's on-line store by the name “www.vms-supplies.com”;
1.8 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
3.3 Postage fees are covered by the Buyer. The Seller hereby declares that the goods will be shipped to the address specified by the Buyer in PayPal order details and act in the best interest of the buyer in order to ensure an effective goods delivery.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Store's listings. The price excludes delivery charges which can be seen in the basket area of the store and in the store listings pages under the “Postage and Payments” tab.
4.2 The total purchase price, including delivery charges, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 Payment of the price plus delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices in the Store, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Store at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Store or for refusing to process an order.
5.4 The Seller is continually improving and modifying its product range and reserves the right to vary the specifications of a product or service without prior notice. All dimensions, weights and product specifications quoted are approximate and we accept no responsibility for variance. E&OE.
6 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
7 DELIVERY
7.1 Goods will normally be delivered within 5-15 working days of acceptance of order.
7.3 Where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a partial refund.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email chris@obarski.net within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email chris@obarski.net within 14 working days of receipt of the Goods.
8.4 In case of a return initiated on the grounds of above mentioned consumer rights to return a product, i.e. not casued by a misatke on the the Seller's part, Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund for the Goods only, not including original delivery charges which are non refundable within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.6 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 LEGAL JURIDICTION
14.1The contractual relationship between Seller and Buyer; Consumer, as described in this agreement, is governed by the law of Republic of Poland. The UN Convention on the International Sale of Goods shall be excluded.
15 DISPUTES
Buyers may settle disputes by visiting the Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
