Terms of Service of the OnVinylStore.com online shop
Version in force from 20 October 2026. These Terms of Service set out the rules for concluding distance sales contracts through the online shop at onvinylstore.com, information about the Seller and the shop, and the rights of the Buyer. By placing an order you confirm that you have read and accept these Terms.
1. Seller
The online shop onvinylstore.com is operated by:
OnVinylStore.com Tomasz Sikora ul. Gustawa Morcinka 5/17, 01-496 Warsaw, Poland Tax identification number (NIP): 8461272953 · EU VAT ID: PL8461272953 Sole proprietorship registered in the Polish Central Register and Information on Economic Activity (CEIDG) E-mail: [email protected] Physical store: WINYLOWA, ul. Morcinka 5/15 and 5/17, 01-496 Warsaw, Poland (Tuesday to Saturday, 16:00–21:00)
In these Terms the above entity is referred to as the Seller, and the person placing an order as the Buyer. A Buyer who is a natural person acting for purposes outside their trade, business or profession is a Consumer.
2. Definitions
- Shop – the online shop available at onvinylstore.com, including its English version at onvinylstore.com/en_US.
- Product – a physical item offered in the Shop, in particular new vinyl records, CDs, cassettes and related accessories. The Seller does not sell used records. All titles are brand new and factory sealed unless the product description states otherwise.
- Order – the Buyer’s declaration of intent to purchase the Products placed in the basket, submitted through the Shop.
- Pre-order – a Product that has not yet been released; the expected release date is shown on the product page.
- Account – the Buyer’s individual account in the Shop, created during registration.
3. General provisions
- The Shop sells Products to Consumers and to businesses, with delivery worldwide.
- Using the Shop requires a device with internet access, a current web browser with cookies and JavaScript enabled, and an active e-mail address.
- The Buyer must not provide unlawful content through the Shop.
- Product images come from the official catalogues of distributors and record labels. The colour of a coloured vinyl pressing may differ from the catalogue image; if no colour information is given in the description, the distributor has not published it.
- Information about Products in the Shop is an invitation to conclude a contract and not an offer within the meaning of Polish civil law.
4. Account and registration
- Orders can be placed only by registered and logged-in Buyers.
- Registration requires providing: first and last name, e-mail address, phone number and delivery address (street, city, postal code, country), and confirming the e-mail address by clicking the activation link sent to it. If you do not receive the link, check your spam folder.
- The Buyer is responsible for keeping the Account password confidential and for the accuracy of the data provided.
- The Buyer may delete the Account at any time by writing to [email protected]. The Seller may block an Account used in breach of these Terms, in particular for repeatedly placing orders that are not paid or that breach promotion rules.
5. Prices
- Prices are shown in the currency selected in the Shop and include VAT at the rate applicable to the Buyer’s delivery country within the European Union (OSS scheme).
- For deliveries outside the European Union, the price may be shown without Polish VAT. Import duties, customs fees and local taxes charged in the destination country are borne by the Buyer and are not collected by the Seller.
- The total price of an Order consists of the price of the Products and the delivery cost, which is shown before the Order is submitted.
- The minimum value of Products in an Order is PLN 9 (or its equivalent).
- Promotions do not apply to Products that are already discounted or to Pre-orders, unless the promotion rules state otherwise. Promotional orders and Record Store Day orders cannot be merged with other orders.
6. Placing an order and concluding the contract
- To place an Order, add the Product(s) to the basket, choose the delivery method and the payment method, check the summary and click the button confirming the Order with an obligation to pay.
- After the Order is submitted, the Seller sends an automatic e-mail confirming that the Order has been received. This e-mail is not yet acceptance of the Order.
- The sales contract is concluded when the Seller sends the Buyer an e-mail with the status “ready to ship” (or an equivalent confirmation that the Order has been accepted for fulfilment). Until then the Seller may refuse the Order, in particular if the Product is unavailable from the distributor, the Order breaches these Terms or promotion rules, or payment has not been received within the time limit.
- The Seller provides the Buyer with confirmation of the contract on a durable medium (e-mail) no later than at the time of delivery.
- Each Order is a separate sales contract concluded for the purpose and duration of fulfilling that Order.
- Orders containing Products with different availability or release dates are shipped together once the last Product becomes available. The Seller does not split Orders. Separate Orders can be merged into one parcel only if the Buyer lists all Order numbers in the order comments before a tracking number is assigned; promotional and Record Store Day orders are never merged.
- After a tracking number has been assigned, the Order can no longer be modified or cancelled by the Buyer (this does not affect the Consumer’s right of withdrawal described in section 10).
- Record Store Day titles: only immediate online payment is accepted, one copy of a given title per Buyer, and orders with incorrect address data are cancelled.
7. Payment
- The Buyer may pay for the Order using one of the methods offered at checkout:
- online payment via Stripe (payment cards Visa, Mastercard, American Express, as well as Apple Pay, Google Pay, Link and other local payment methods shown at checkout);
- online payment via Przelewy24 (instant bank transfers, BLIK and payment cards);
- online payment via Shoper Payments (Płatności Shoper, operated by Autopay S.A. – payment cards, instant bank transfers, BLIK, Apple Pay and Google Pay);
- PayPal;
- bank transfer to the Seller’s account (details are shown after the Order is placed);
- cash, for in-store pickup at WINYLOWA, Warsaw.
- Payment time limits: online payment (Stripe, Przelewy24, Shoper Payments) and PayPal – 2 hours from placing the Order; bank transfer – 2 days from placing the Order. Orders not paid within these limits are cancelled automatically and cannot be restored. Record Store Day and promotional Orders require immediate online payment.
- Payments are processed by licensed payment institutions. The Seller does not store payment card data.
- Cash on delivery is not available for newly registered Accounts and for deliveries outside Poland.
- The Seller issues a receipt or, on request, a VAT invoice for each Order. Business Buyers should provide their company name and VAT number when placing the Order.
8. Delivery
- Products are delivered worldwide by the carriers available at checkout: InPost (parcel lockers and courier), Polish Post (Poczta Polska) and international courier services. In-store pickup at WINYLOWA, Warsaw is also available.
- The delivery cost depends on the delivery method, the destination and the weight of the parcel, and is shown before the Order is submitted.
- Dispatch time:
- Products in stock – dispatched promptly after the payment has been credited, normally within 1–3 business days;
- Products available to order – 5 to 30 business days from the date the payment is credited;
- Pre-orders – within 10 business days from the release date. The release date is set by the label or distributor and may change for reasons beyond the Seller’s control; the Seller informs the Buyer of changes by e-mail.
- Expected delivery time after dispatch: Poland 1–3 business days; European Union 3–10 business days; rest of the world 7–25 business days, depending on the carrier and customs clearance.
- The Seller informs the Buyer by e-mail about each change of the Order status. The Buyer should provide a correct delivery address and a mobile phone number for the carrier.
- In exceptional cases (release cancelled by the label, Product damaged in transit from the distributor, Product no longer available), the Seller may cancel the Order in whole or in part and refunds the payment for the cancelled part within 14 days.
- If a parcel is delivered in a condition indicating damage to its contents, the Buyer should request a damage report from the courier or report the damage at the parcel locker when collecting the parcel. This makes it much easier to process a claim against the carrier but is not a condition of the Consumer’s statutory rights.
9. Risk and ownership
For Consumers, the risk of loss of or damage to the Products passes to the Buyer when the Buyer or a third party designated by the Buyer (other than the carrier) takes physical possession of the Products. For business Buyers, the risk passes when the Products are handed over to the carrier.
10. Right of withdrawal (Consumers)
- A Consumer may withdraw from a distance contract within 14 days without giving any reason. The period starts on the day the Consumer (or a third party designated by the Consumer, other than the carrier) takes physical possession of the Products; for Orders delivered in several parcels, on the day of receipt of the last parcel. This right also applies to Buyers who are natural persons running a business, when the purchase is not of a professional nature for them.
- To exercise the right of withdrawal, the Consumer must inform the Seller by an unequivocal statement, for example by e-mail to [email protected] with the Order number, or by using the withdrawal form (PDF) linked at the end of these Terms. The deadline is met if the statement is sent before the 14-day period expires.
- After sending the withdrawal statement, the Consumer must return the Products to the Seller without undue delay and no later than 14 days from the day of withdrawal, to the address: WINYLOWA, ul. Morcinka 5/17, 01-496 Warsaw, Poland. Please mark the parcel clearly with the Order number and, if possible, write to us first so that we can issue a return number – this speeds up processing.
- The Consumer bears the direct cost of returning the Products. Within Poland the Consumer may use the Seller’s InPost return service at szybkiezwroty.pl/pl/WINYLOWA; in that case the return shipping cost of PLN 18.90 is deducted from the refund. Returns from outside Poland are sent at the Consumer’s own cost and risk.
- The Seller refunds all payments received from the Consumer, including the cost of the cheapest standard delivery offered in the Shop, within 14 days of receiving the withdrawal statement. The Seller may withhold the refund until the Products have been received back or until the Consumer has supplied evidence of having sent them back, whichever is earlier. The refund is made using the same payment method the Consumer used for the Order, unless the Consumer expressly agrees otherwise; refunds for card payments are made to the account linked to the card.
- The Consumer is liable only for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Please return Products in their original packaging, complete with all inserts, posters and bonus items, and pack the return securely. Damage caused by inadequate packaging of the return is charged to the Consumer.
- Returns of Orders that included promotional Products or free gifts are accepted only for the complete Order.
- The right of withdrawal does not apply to:
- sealed audio or video recordings or sealed computer software which were unsealed after delivery (this includes vinyl records and CDs taken out of the factory shrink-wrap or out of a resealable bag in which the manufacturer supplies them, e.g. releases by Music On Vinyl or Japanese labels such as Victor or P-Vine);
- Products made to the Consumer’s specifications or clearly personalised (e.g. gold and platinum display awards produced to order);
- digital content not supplied on a tangible medium (e.g. electronic gift cards), if performance began with the Consumer’s prior express consent and acknowledgement that the right of withdrawal is thereby lost.
- If the cover of a sealed record shows a defect, please notify the Seller before removing the shrink-wrap, so that the right of withdrawal is preserved.
11. Complaints and legal guarantee of conformity
- The Seller is obliged to deliver Products that conform with the contract. If a Product is defective or does not conform with the contract, the Consumer has the rights provided by the Polish Consumer Rights Act, which implements Directive (EU) 2019/771 on the sale of goods.
- The Seller is liable for any lack of conformity which exists at the time of delivery and becomes apparent within two years of delivery. A lack of conformity which becomes apparent within one year of delivery is presumed to have existed at the time of delivery, unless proven otherwise.
- The Consumer may request that the Product be brought into conformity by repair or replacement. If this is impossible or would involve disproportionate costs for the Seller (which is usually the case with factory-sealed records, where the Seller has no influence on the pressing), the Consumer may request a proportionate price reduction or withdraw from the contract and receive a full refund of the price and delivery cost. In practice, confirmed manufacturing defects are settled by a full refund.
- Complaints should be sent to [email protected] with the subject “COMPLAINT ORDER No. XXXXX”, together with the complaint form available in the Shop and a precise description of the defect (for example: side A, 4:20 – repeated skip) and, for cover damage, photographs. A precise description allows the distributor to verify the defect.
- The Seller responds to a Consumer’s complaint within 14 days of receiving it. If the Seller does not respond within this time, the complaint is deemed accepted.
- After the complaint has been accepted or a return number has been issued, the Product should be sent to: WINYLOWA, ul. Morcinka 5/17, 01-496 Warsaw, Poland. Within Poland the Consumer may use the free InPost return service at szybkiezwroty.pl/pl/WINYLOWA. For justified complaints the Seller reimburses the reasonable cost of returning the Product.
- Please pack returned Products securely and mark the parcel with the Order number. Please do not send parcels without prior contact with the Seller – unannounced parcels may be returned to the sender.
- Characteristics that do not affect playback, such as colour mixing or marbling of coloured vinyl, a colour different from the catalogue image, slight warping that does not affect play, or minor cosmetic marks on sleeves of sealed records, are typical of vinyl manufacturing and are not treated as a lack of conformity. Products sold as discounted because of a described damage are sold with that damage disclosed and the disclosed damage cannot be the subject of a complaint.
- Products may be covered by a manufacturer’s guarantee; information is provided with the Product where applicable. The legal guarantee described above applies regardless of any commercial guarantee.
- For business Buyers (purchases of a professional nature), the Seller’s liability under the statutory warranty for defects is excluded.
12. Out-of-court complaint and redress procedures
- A Consumer may use out-of-court means of handling complaints and pursuing claims. In Poland these include: mediation or arbitration before the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) and the consumer arbitration courts operating at the Inspectorates; free assistance of municipal or district consumer ombudsmen; and the Office of Competition and Consumer Protection (UOKiK). Information is available at www.uokik.gov.pl.
- Consumers from other EU countries, Norway, Iceland and the United Kingdom may contact the European Consumer Centre in their country (ECC-Net, www.eccnet.eu) for free assistance with cross-border disputes.
- Using out-of-court procedures is voluntary for both parties.
13. Personal data
The controller of the Buyers’ personal data is the Seller. Details of how personal data are processed, the legal bases, recipients, retention periods and the rights of data subjects are set out in the Privacy Policy.
14. Intellectual property
The Shop, its layout, texts, graphics and logos are protected by copyright and other intellectual property rights of the Seller or its licensors. Product images and descriptions are used with the permission of distributors and labels. Any use beyond browsing the Shop and placing Orders requires the Seller’s prior written consent.
15. Final provisions
- Contracts are concluded in English or Polish, depending on the language version of the Shop used by the Buyer.
- These Terms are governed by Polish law. If the Buyer is a Consumer resident in another country of the European Economic Area or the United Kingdom, the choice of Polish law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
- Nothing in these Terms excludes or limits any rights of Consumers under applicable law. If any provision of these Terms is found to be invalid, the remaining provisions remain in force.
- Disputes with Consumers are resolved by the competent common courts in accordance with the applicable rules of jurisdiction. Disputes with business Buyers are resolved by the court having jurisdiction over the Seller’s registered office.
- The Seller may amend these Terms for important reasons (changes in law, changes in payment or delivery methods, changes in the Shop’s functionality). Orders placed before the amendment are fulfilled under the Terms in force at the time of the Order. The current version of the Terms is always available in the Shop and can be saved or printed by the Buyer.
- These Terms are available at onvinylstore.com/en_US/i/Terms-of-service/23. The Polish version is available at onvinylstore.com/pl/i/REGULAMIN-i-POLITYKA-PRYWATNOSCI/4.
Annex – Model withdrawal form
The model withdrawal form (Annex I(B) to Directive 2011/83/EU) is available for download here: Withdrawal form (PDF). Fill it in, sign it and send it to [email protected] or by post to the Seller’s address. Using the form is optional – any unequivocal statement of withdrawal is sufficient.