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ONLINE STORE TERMS AND CONDITIONS

Vermeko Sp. z o.o. operating a store at:
https://www.en.vermeko.eu/shop

1. General Provisions

  1. These Terms and Conditions define the rules for using the Online Store operated by Vermeko Sp. z o.o. (hereinafter: “Seller” or “Service Provider“) and the rules for concluding and performing distance sales contracts with consumers and entrepreneurs (hereinafter collectively: “Customers“).
  2. The Seller conducts the sale of goods and provides services electronically in accordance with applicable legal provisions, in particular:
    1. the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2024, item 1796, as amended);
    2. the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws 2024, item 1513);
    3. the Act of 23 April 1964 — the Civil Code;
    4. Regulation (EU) 2016/679 (GDPR) and national provisions on personal data protection;
    5. provisions implementing the so-called Omnibus, Sale of Goods and Digital Content Directives.
  3. These Terms and Conditions are addressed to consumers, entrepreneurs with consumer rights (Article 38a of the Civil Code) and other entrepreneurs (B2B), with differences indicated in these Terms and Conditions.
  4. Acceptance of these Terms and Conditions is a prerequisite for placing an order. The Terms and Conditions constitute an integral part of the sales contract.
  5. These Terms and Conditions are effective from 1 September 2025.

2. Seller Details and Contact

  1. Seller: Vermeko Sp. z o.o.
  2. Registered office and correspondence address: ul. Rapackiego 12/15, 20-150 Lublin, Poland
  3. Registration details: KRS (National Court Register) 0000616947, Tax ID (NIP): 7123312597, REGON: 364411563
  4. Email address: sklep@vermeko.eu | Phone: +48 795 333 757
  5. Return/complaint address (if different): ul. Anny Walentynowicz 11, 20-328 Lublin, Poland
  6. Contact hours: 8:00 AM — 4:00 PM

3. Definitions

For the purposes of these Terms and Conditions:

  • Store — the online service available at https://www.en.vermeko.eu/shop
  • Customer — any entity making purchases in the Store,
  • Consumer — a natural person making a purchase not directly related to their business or professional activity,
  • Entrepreneur-Consumer — a natural person concluding a contract directly related to their business activity but not having a professional character for them,
  • Goods — expanded vermiculite and vermiculite boards of the ThermoVerm brand, as well as other products offered in the Store,
  • Custom Order — goods/batch of goods manufactured, cut, configured, packaged or packed according to Customer specifications (e.g., dimensions, density, fraction, cutting, format, perforation, marking, packaging/transport method),
  • Business Day — a day from Monday to Friday, excluding statutory holidays,
  • Terms and Conditions — this document.

4. Commercial Information and Prices

  1. Information about Goods, including descriptions, technical parameters, sample photos and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. Prices are given in Polish zlotys (PLN) and — unless expressly stated otherwise — include VAT tax. Delivery costs, special packaging, pallets, shipment insurance and other additional costs are indicated separately before placing an order.
  3. In the case of promotional campaigns with price reductions, the Store provides information about the lowest price from the 30 days preceding the introduction of the reduction (or — if the goods were offered for a shorter period — about the lowest price since the start of sales) in accordance with provisions implementing the Omnibus Directive.
  4. The Seller reserves the right to introduce and cancel promotions and change prices — without affecting orders already placed and confirmed.

5. Orders and Contract Conclusion

  1. Orders can be placed 24/7 through the Store, and also — if such an option is provided — by email or telephone.
  2. The contract is concluded at the moment of acceptance of the order for processing by the Seller (email confirmation). The Seller may make order acceptance conditional upon:
    1. acceptance of the final specification of a Custom Order,
    2. payment of a prepayment/deposit (if required),
    3. positive payment verification.
  3. In the case of Custom Orders, the specification confirmed by the Customer (in the cart, offer, email confirmation or technical protocol) is binding. Lack of response from the Customer to a proposal to clarify the specification may result in suspension of order processing.
  4. Processing times are indicated in the cart/offer/confirmation and are calculated in Business Days from the day when the conditions in paragraph 2 are jointly met.

6. Right to Withdraw from the Contract

  1. A Consumer who has concluded a distance contract may withdraw from it within 14 days without giving a reason. The period for withdrawing from the contract expires 14 days from the day on which the consumer received the goods.
  2. To exercise the right to withdraw from the contract, the consumer must submit a declaration of intent, for example in writing or by email, to the address specified in these Terms and Conditions. A template withdrawal form is attached as an annex to these Terms and Conditions.
  3. In case of withdrawal from the contract, the consumer is obliged to return the goods to the store’s address without undue delay, but no later than within 14 days from the day on which they withdrew from the contract. The cost of returning the goods is borne by the consumer.
  4. The Store will refund to the consumer all payments received from them, including the costs of delivering the goods, no later than within 14 days from the day of receiving the withdrawal statement. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different refund method that does not involve any costs for them. The Store may withhold the refund until it receives the returned goods or proof of their dispatch.
  5. The right to withdraw from the contract, referred to in point 1, does not apply to consumers in relation to contracts in which the subject of performance is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs.
  6. Due to their personalized character, the right to return is excluded for vermiculite boards on which patterns have been made according to the customer’s order, such as: vertical strips, horizontal strips, brick pattern, herringbone or other pattern from individual specifications or according to the customer’s technical drawings.

7. Payments

  1. The Store offers the following payment methods: traditional bank transfer, fast online payments, card payment, cash on delivery (if available), pro forma invoice. Availability of methods may vary.
  2. In case of choosing traditional bank transfer, the payment deadline is 3 Business Days from the date of receiving order confirmation, unless otherwise agreed. Failure to make payment on time may result in order cancellation.
  3. A sales document (receipt or VAT invoice) is issued for each order. The Customer is obliged to provide correct invoicing data.
  4. Order processing times differ depending on the product type:
    • In the case of expanded vermiculite, orders are processed and shipped within up to 3 Business Days from the moment payment is posted.
    • In the case of vermiculite boards, the shipping time is up to 10 Business Days from the moment payment is posted.

8. Delivery and Collection

  1. Delivery is carried out within Poland and — by separate arrangement — also outside its borders, through a carrier.
  2. Delivery cost depends, among other things, on weight/volume, packaging method (e.g., pallets), insurance option, delivery location — it is indicated before placing an order.
  3. The risk of accidental loss or damage to the Goods passes to the Consumer at the moment of delivery to them; in B2B relations — at the moment the Goods are entrusted to the carrier.
  4. The Customer is obliged to inspect the shipment upon receipt. In case of damage, a damage report should be prepared in the presence of the courier and the Seller should be notified immediately.

Available collection methods:

  • pallet courier shipment,
  • standard courier shipment,
  • dedicated transport organized by the Seller,
  • personal collection at the Seller’s premises (after prior arrangement).

9. Nature of Custom Orders, Tolerances and Materials

  1. Goods are prepared according to Customer specifications. Due to the nature of materials, typical production tolerances are acceptable (e.g., dimensional, thickness, density, color, surface structure) as well as natural deviations resulting from the expansion and processing of vermiculite.
  2. Unless otherwise agreed in writing, reasonable differences between batches are acceptable that do not affect the functionality declared by the Seller for the given application.
  3. The Customer is responsible for the correctness of provided drawings, dimensions, parameters and intended use, as well as for selecting the product for a specific application (unless the Seller has recommended a specific solution in writing based on complete process data provided by the Customer).

Sample tolerances:

  • length/width dimensions: ± 2 mm,
  • board thickness: ± 3 mm,
  • vermiculite bulk density: ± 10%,
  • color and structural deviations: natural and not constituting a product defect.

10. Liability for Non-Conformity of Goods with the Contract (Complaints)

  1. The Seller is liable to the Consumer and the Entrepreneur-Consumer for non-conformity of goods with the contract on the principles set out in the Consumer Rights Act (in particular Articles 43a et seq.).
  2. In case of finding non-conformity, the Customer may demand that the Goods be brought into conformity by repair or replacement, and when this is impossible or excessively difficult — submit a statement on price reduction or withdrawal from the contract (if the non-conformity is significant).
  3. A complaint should be submitted immediately after its discovery, by sending a notification to the Seller’s email or postal address, with a description of the defect/non-conformity, photographic documentation, order number and demand. The Seller processes complaints within a reasonable time, no longer than 14 calendar days from receiving a complete notification.
  4. In B2B relations, liability under warranty is excluded (except for absolutely binding provisions), and the Seller’s total liability for damages is limited to the net value of the order, unless the damage was caused intentionally.

11. Operating Rules and User Liability

  1. The Customer undertakes to use and install the Goods in accordance with their intended purpose, technical specifications and documentation (technical data sheets, instructions, approvals — if applicable). The Seller may make these documents available in the Store or upon Customer request.
  2. The Seller is not liable for the consequences of using the Goods in conditions that were not previously disclosed and agreed upon (e.g., extreme temperatures, aggressive environments, mechanical loads not corresponding to declarations), nor for design or installation errors on the part of the Customer or their contractors.

12. Electronic Services (Account, Cart, Newsletter)

  1. The Seller provides electronic services in the form of: maintaining a Customer account, enabling orders without an account, newsletter and contact forms.
  2. Technical requirements: device with Internet access, current browser, active email account, enabled cookie handling (details in Privacy Policy).
  3. The contract for the provision of electronic services is concluded for an indefinite period (account/newsletter) or one-time (cart). The Customer may terminate the account/newsletter contract at any time with immediate effect.
  4. The Seller may block an account in case of violations of the Terms and Conditions or law — after prior notice to cease violations, unless the violations are blatant.

13. Processing of Personal Data

  1. The controller of Customers’ personal data is the Seller. Data is processed for the purpose of order fulfillment, account management, complaint handling, settlements and — in case of consent — direct marketing.
  2. Detailed information on data processing (legal bases, recipients, rights of individuals, retention periods, cookies) can be found in the Privacy Policy available in the Store.

14. Out-of-Court Dispute Resolution

  1. A Consumer has the option to use out-of-court methods of processing complaints and pursuing claims (ADR), including before permanent consumer arbitration courts or provincial inspectorates of the Trade Inspection — in accordance with information published by the Office of Competition and Consumer Protection (UOKiK).
  2. The European Commission’s ODR Platform was permanently closed on 20 July 2025. In cross-border disputes, a Consumer may use the help of the European Consumer Centre (ECC) and appropriate ADR entities. Current information and links to ADR entities are available on the UOKiK and ECC websites.

15. Intellectual Property Rights

  1. Content, trademarks (including ThermoVerm) and photos placed in the Store are the property of the Seller or are used based on authorizations. Copying and distributing them without consent is prohibited, except for permitted use.

16. Force Majeure

  1. The Seller is not liable for non-performance or improper performance of the contract caused by force majeure (e.g., fire, flood, natural disasters, war, epidemics, interruptions in utility supplies, logistical blockades, decisions of public authorities), provided it could not be prevented with due diligence. The processing time is extended accordingly for the duration of the impediment.

17. Provisions Regarding Entrepreneurs (B2B)

  1. In B2B relations, provisions on liability for non-conformity of goods with the contract towards consumers are excluded; relevant provisions of the Civil Code apply, with the exclusion of warranty, unless absolutely binding provisions state otherwise.
  2. Territorial jurisdiction of the court: the court with territorial jurisdiction over the Seller’s registered office has jurisdiction.
  3. The Seller’s liability on any grounds is limited to actual damage and does not include lost profits; total liability does not exceed the net value of the order, unless the damage was caused intentionally.

18. Amendment of Terms and Conditions

  1. The Seller may amend these Terms and Conditions for important legal, organizational or technical reasons (e.g., change of regulations, change of Store functionality, change of Seller data). Changes will be announced in advance through a notice in the Store and — for accounts — by email.
  2. For contracts concluded before the changes take effect, the Terms and Conditions in force on the day the order was placed apply.

19. Final Provisions

  1. In matters not regulated herein, Polish law applies.
  2. If any provision of these Terms and Conditions proves invalid or ineffective, it does not affect the validity of the remaining provisions; relevant legal provisions apply in place of invalid provisions.
  3. These Terms and Conditions are effective from 01.09.2025 and are available free of charge in the Store in a form enabling acquisition, reproduction and recording of their content.

Annex A — Complaint Procedure (Summary for Consumers and Entrepreneur-Consumers)

  1. Notification: email to the address specified in point 2 of the Terms and Conditions with a description of non-conformity, order number, photos/video.
  2. Initial verification: within 14 days the Store informs about the verification result and the proposed method of handling.
  3. Return transport: if it is necessary to return the goods — the goods should be properly secured and sent to the indicated address.
  4. Resolution: repair/replacement within a reasonable time and without excessive inconvenience; price reduction/withdrawal — if statutory conditions are met.

Annex B — Technical Guidelines for Providing Specifications

  1. Provide nominal dimensions (length × width × thickness) and tolerances, if they are critical.
  2. Specify the fraction/density of vermiculite and the format of the board, edge type, any holes, chamfers, cuts.
  3. Indicate working conditions (temperature, medium, loads, humidity) and intended application.
  4. Attach technical drawings in .pdf/.dxf/.dwg format (if applicable).
  5. In case of doubts, contact Vermeko’s technical department before placing an order.

Note for Store Implementation:

  1. place a checkbox for acceptance of the Terms and Conditions and clear information about the lack of right to withdraw for Custom Orders on the product page/checkout;
  2. in promotions, use information about the lowest price from 30 days;
  3. update the Privacy Policy and cookies;
  4. update the ADR section (without a link to ODR, which was closed on 20.07.2025).