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Terms and conditions

REGULATIONS

ONLINE STORE www.lattemama.eu

These Regulations set out the general terms and conditions, rules and manner of sales conducted by Clematis Robert Włodarczyk spółka jawna ul. Seraf 13 in Wieliczka,NIP: 6832081650, KRS:0000472389, REGON:122914790, via the online store www.lattemama.eu (hereinafter referred to as the "Online Store") located at ul. Seraf 13 Wieliczka 32-020. Contact with the Online Store is possible:

  1. At e-mail address: [email protected]

  2. at +48 530 001 108 (customer service office open from 12 to 3 pm, Monday through Friday, except public holidays);

  3. using the mailing address: Wiarusa 20, 32-087 Zielonki

Acceptance of the Terms and Conditions is voluntary, but necessary in order to use selected features of the Online Store (e.g. creating a Customer Account or making a purchase).

The Regulations are made available free of charge in the Online Store in a way that allows Users:

  1. familiarization with its contents,

  2. Fixing its content in by printing it yourself or saving it to an external medium, such as downloading it as a PDF,

  3. familiarize yourself with its current version, as well as previous versions.

DEFINITIONS

Whenever the following capitalized phrases are used in the following section of the Regulations, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:

 

  1. PROMOTIONAL ACTION- special conditions for the sale of Products or provision of services, offered by the Seller at a specific time, which the Customer may take advantage of under the terms and conditions set forth therein, such as, for example, a reduction in the Price for the Product or Promotional Set, or a reduction / no cost of Shipping. The details of the Promotional Action are governed by the Terms and Conditions of the Promotional Action, as provided within the Online Store. If the Promotional Action is in effect, the provisions of the Promotional Action Regulations shall take precedence over the provisions of these Regulations.

  2. BOK - the Online Store's Customer Service Office, which provides information on the Online Store's operations, including the Products offered or the processing of Orders.

  3. PRICE - the amount of gross remuneration (including tax), specified in Polish zlotys, due to the Seller for transferring the ownership of the Product to the Client in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms and conditions of the Promotional Action in force at a given time in the Online Store state otherwise.

  4. CUSTOMER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her legal representative to conclude the Service Agreement/Sales Agreement and to present such consent at any request of the Seller.

  5. CONSUMER - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, within the meaning of Article 22(1) of the Civil Code of April 23, 1964.

  6. CUSTOMER ACCOUNT - Electronic Service; a set of resources in the Seller's ICT system, marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities of the Online Store. The Customer gains access to the Account by means of the Login and Password. The Customer logs into his Account after registering with the Online Store. The Account allows saving and storing information about the Customer's address data for shipment of Products, access to Order history and other services provided by the Seller.

  7. CART - Electronic Service made available to each Customer who uses the Online Store, consisting of enabling him/her to easily place an Order for one or more Products, occasionally to enter discount codes allowing to reduce the Price on the principles specified in separate Regulations of Promotional Actions, to display a summary of the Price of individual Products and all Products in total (including possible shipping costs). The shopping cart also allows you to establish and modify order data, in particular: the number of Products, delivery address, invoice data, delivery method, form of payment. As part of the Shopping Cart service, the Seller may send the Customer an e-mail message about the products remaining in the Shopping Cart or a failed/rejected transaction by the payment intermediary (transaction e-mail). The shopping cart collects the Customer's offers to conclude a Sales Contract, i.e. more than one offer to conclude a Sales Contract can be made within one Order.

  8. LOGIN - the Customer's user name provided within the Store when creating a Customer Account.

  9. NEWSLETTER - Electronic Service, which allows all subscribers from cyclical information about the Online Store, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the User, with his express consent.

  10. PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller, against payment of the Price. The Product constitutes goods within the meaning of Article 2 item 4a of the Act of May 30, 2014 on Consumer Rights.

  11. ENTERPRISE - CONSUMER - a customer who is a natural person who enters into a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information of Business Activity.

  12. TERMS AND CONDITIONS - this document defining, among other things, the rules of concluding Sales Contracts and the rules of providing and using services made available by the Seller via the Internet Store to Users and Customers. The Regulations define the rights and obligations of the User, including the Customer as well as the Seller. With regard to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services.

  13. INTERNET STORE - Internet sales service run by the Seller in the Polish language, available in the Internet domain lattemama.eu

  14. PRODUCT PAGE - a page in the Online Store that presents detailed information about the Product.

  15. CONTENT/Content - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the Internet Store by the Seller, the Seller's contractors, the Customer or any other person using the Internet Store, respectively.

  16. CONTRACT OF SALE - a contract of sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product against payment of the Price plus any additional charges, including shipping costs, the terms and conditions of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. Each Product is subject to a separate Sales Agreement. The Seller, as part of the functionality of the Online Store, for objective (materially justified) reasons, may reserve the conclusion of only one Contract for several Products due to the direct relationship between the Products - e.g. a Promotional Set, according to the content of the Regulations of the Promotional Action.

  17. ELECTRONIC SERVICE - provision of services by electronic means within the meaning of the Act of July 18, 2002 on the provision of services by electronic means, by the Seller to the Customer via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the regulations on the provision of services by these entities.

  18. USER - a natural person browsing the resources of the Online Store, without setting up a Customer Account and making a purchase.

  19. ORDER - a declaration of will of the Customer expressing a direct will to conclude a Sales Agreement at a distance, made with the use of means of remote communication, specifying the Product for which the Customer makes an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). During the course of the Promotional Action, the Seller within the functionality of the Online Store for objective reasons may condition the conclusion of a single Sales Contract for several Products within the Promotional Set, due to the direct relationship between the Products. The Order may be assigned a single number, and all offers will be processed in parallel. Acceptance of the Order implies conclusion of the Sales Contract.

 

 

  1. RULES OF USE OF THE ONLINE STORE

 

In the rules of use of our Store we explain what minimum technical requirements you must meet in order to use its functionality without problems.

 

  1. 2.1.The minimum technical requirements of the User's device to enable full and correct use of the Online Store:

  1. A device with access to the Internet;

  2. The latest version of the web browser;

  3. active e-mail account (e-mail address) in order to set up a Customer Account or make a purchase.

  1. The Seller does not guarantee that the use of the Online Store will be without errors or technical interruptions. The Seller reserves the right to suspend or restrict access to the Online Store at any time, without prior notice to customers. The Seller will strive to immediately restore the operation of the Online Store. Technical interruptions should not affect the processing of Orders already placed.

  2. The Seller is not responsible for the content and content of other services and portals to which the Customer may be redirected using links placed in the Online Store (e.g. courier companies, or payment operators).

 

  1. ELECTRONIC SERVICES IN THE ONLINE STORE

 

In the third part we present the Electronic Services available in our Store. An Electronic Service is, for example, a Shopping Cart or a Newsletter. We explain how to make complaints about Electronic Services.

 

  1. 3.1.Seller provides the following Electronic Services to Users, including Customers, through the Online Store, which do not require payment of a price:

  1. Customer's account, if registered;

  2. Enabling Customers to place Orders, conclude Sales Agreements, under the terms of these Regulations;

  3. Presenting customers with advertising content tailored to their interests;

  4. Enabling customers to use the services of the Shopping Cart;

  5. Allowing you to view Content placed within the Store, including content of a

  6. Newsletter.

 

Customer Account

 

  1. 6.2.The Seller additionally, for the benefit of Customers who have created a Customer Account, provides the following services through the Online Store:

  1. Maintaining the Client's session after the Client logs into the Account (using the browser);

  2. storing and making available to the Customer through the Account the history of Orders;

  3. Enabling changes to the Customer's data within the Customer Account;

  4. sending a reminder message about the products in the Customer's Cart.

  1. The use of the Account is possible after the Client has completed the following steps together:

  1. Completing the registration form by indicating the e-mail address and assigning a password and agreeing to the processing of personal data, accepting the provisions of these Regulations and Privacy Policy;

  2. Confirmation of the desire to create a Customer Account by activating the link in the email received at the indicated email address (double check in process);

  3. successful registration, which will be confirmed by an email from the BOK of the online store.

  1. The Agreement for the Provision of Services is concluded upon receipt by the Customer of a confirmation of registration of the Customer's Account, sent by the Seller to the email address provided by the Customer. The Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Seller (e.g. using the means of communication described in Section 1.3 of the Terms and Conditions).

 

Basket

 

  1. The use of the Shopping Cart begins when the User adds the first Product to the Cart.

  2. The shopping cart is a service provided free of charge, for the period during which there are unpurchased Products in the User's shopping cart. When an order is placed and successfully paid for, the service is terminated.

  3. The Customer has the ability to independently correct the entered data within the "Shopping Cart" panel by adding or deleting a given item from the Shopping Cart. The deletion of a given item may automatically cause the deletion of another item from the Cart as well, due to the direct relationship between the Products. The Shopping Cart also allows you to set and modify order data, in particular: delivery address, invoice data, delivery method, payment method, add discount codes.

 

Newsletter

  1. Newsletter service includes:

  1. Newsletter service consists of receiving by Users subscribed to it (Service Recipients), who made their e-mail address available to the Seller (Service Provider), electronically, including by means of automatic calling systems, commercial information on products and services of the Seller and the Seller's partners, including in particular information on their current offer, promotions, discounts and marketing actions (e-mail marketing);

  2. Receiving by the Service Recipients who provided the Service Provider with data including their name, surname, street, house number, apartment number, postal code, city, country, including in particular placed an order or created an account in the Online Store by mail commercial information concerning the products and services of the Seller and the Seller's partners, including in particular vouchers or dedicated promotional offers (marketing mailings);

  3. If within the framework of signing up for the newsletter, the Customer receives any digital content from the Seller, such as an e-book, the provisions of our Newsletter Terms and Conditions will apply.

  1. Use of the Newsletter service is possible after the following steps are performed by the User:

  2. providing at least your e-mail address or telephone number, in the designated field in the Online Store, or checking the appropriate checkbox to receive commercial information through the selected communication channel;

  3. acceptance of the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer - if such functionality has been made available) and confirmation of reading the Privacy Policy. The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.

  4. Newsletter service is provided for an indefinite period of time.

  5. The Customer shall have the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular by sending a request for discontinuation of the Newsletter service to the contact data specified in point. 1.3 of the Terms and Conditions, or by clicking on the deactivation link included in the email message sent to the Customer within the Newsletter service, or by clicking on the appropriate button on the Online Store website, to which the link is included in the first message sent to the phone number provided in connection with the Newsletter service registration. Unsubscribing from one of the channels of the Newsletter service in the manner indicated above, does not mean automatic unsubscribing from the other channel of the Newsletter service.

  6. The Seller may terminate the Agreement at any time with one month's notice for valid reasons, understood as (closed catalog):

  1. a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set forth in the Agreement or a change in the interpretation of the above-mentioned laws as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;

  2. change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);

  3. change in the scope or provision of services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions.

  1. The Service Provider shall send its statement to the extent specified in the above paragraph to the e-mail address or telephone number provided by the Customer during registration for the Newsletter service.

  2. The Vendor may terminate the Agreement with seven days' notice to the Customer or deny the Customer further right to use the Newsletter service, as well as may restrict the Customer's access to some or all of the content referred to above for valid reasons, i.e. in the event of a gross violation of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalog): uses the Newsletter in a manner inconsistent with the provisions of applicable law and violating the rights of third parties, contrary to the provisions of these Terms and Conditions, as well as inconsistent with custom and rules of social coexistence, in particular, provides content of an unlawful nature.

 

 

Complaints about Electronic Services

  1. Complaints related to the provision of Electronic Services can be submitted in any form. It is recommended to use the means of communication indicated in Section 1.3 of the Regulations.

  2. A sample complaint form is available in the Returns and Complaints tab. The Seller shall respond to the complaint immediately, no later than within 14 days of its submission.

 

  1. TERMS AND CONDITIONS FOR PLACING AN ORDER AND CONCLUDING A SALES CONTRACT

 

This is a very important part of the Terms and Conditions, in which we explain how you can purchase our Products, i.e. place an Order and then conclude a Sales Contract.

 

  1. 4.1.Information presented in the Online Store is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, directed by the Seller to Users, including customers, and not an offer within the meaning of the Civil Code.

  2. 4.2.The main features of the performance including the subject matter of the performance and the method of communication with the User are specified on the Product Page or in another manner appropriate for the Product, within the Online Store. If the Product does not have certain features, characteristics or functions (e.g., it is an outlet product), the Seller shall clearly inform the User about it before the User places the Order.

  3. 4.3.As part of the development of the Products or services available on the Online Store and due to their specifics, the Seller may introduce restrictions on the ways of placing Orders for certain Products. In the case of placing several Orders at the same time, of which the restriction referred to above applies to at least one, this may affect the availability of ways to place Orders for the remaining ones as well.

  4. 4.4.The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.

 

Placing an Order

 

  1. 4.5 The Seller allows the User to place an Order via the Online Store in the following manner, consecutively:

  1. The Customer adds the selected Product (or Products) to the Cart and then proceeds to the order form (purchase path);

  2. A user who is logged into his/her Customer Account Customer confirms in the order form the validity of the data necessary to place the Order.

  3. A user who does not have a Customer Account must independently fill in the order form to the extent necessary to place an Order. In the form it is necessary for the Customer to provide the following data: name and surname, address (street, number of the house/flat, postal code, city, country), e-mail address, contact telephone number and data on the Sales Agreement: place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and Tax Identification Number. In the case of Entrepreneurs - Customers, the Seller may ask to indicate the entrepreneur's PKD numbers.

  4. In any case, providing outdated or false data when filling out the order form may prevent the Order from being processed and the Sales Agreement from being concluded.

  5. When filling out the Order form, choose the method of payment of the Price and specify the method of delivery of the Product, if it is subject to shipment.

  6. The Customer sends the Seller an Order (submits an offer). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions and reading the Privacy Policy is required.

  7. Depending on the chosen method of payment for the Order, the Customer may be redirected to the pages of a third-party payment service provider, in order to make a payment or provide data for the purchase of installments or deferred payment.

  1. The Seller, in response to the Order, immediately sends an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order.

  2. After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the provided e mail address with:

  1. Confirmation of acceptance of one or more individual offers for the Products, made as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or

  1. information about the impossibility of accepting all offers for Products, placed under the Order, e.g. due to lack of payment.

  1. The Sales Agreement is concluded as soon as the offers(s) from the Order are confirmed, i.e. the email mentioned above is sent to the Customer with regard to the Products indicated therein.

  2. By placing an Order, you agree to receive a bill / invoice, correction invoice and duplicates of these documents in electronic form, to the e-mail address indicated. Along with the confirmation of the Order, the Seller sends a bill / invoice. At the same time, the Customer declares that he will receive the above electronic invoices at the e-mail address provided by him.

  3. 1.10.If it is not possible to accept all or some of the offers submitted under the Order, the BOK will contact the Customer to:

  1. To inform the Customer that it is not possible to accept all the offers made under the Order; or

  2. confirmation by the Customer of its willingness to execute the Order in the part in which the Seller agreed to accept the offers to conclude the Sales Agreement. The Customer may then cancel the Order in its entirety (to the extent of all offers), which does not affect his right to withdraw from the contract. The Customer's cancellation of the Order relieves the Seller of the obligation to continue its execution. In case of cancellation of the Order, the following section shall apply accordingly.

  1. If it is not possible to accept the offer(s) made under the Order, the Sales Agreement in the scope of the Products indicated by the BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by him, to the extent that the Sales Agreement has not been concluded.

  2. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or contacting by phone.

  3. The Seller shall strive to ensure the availability of all Products and the performance of the Sales Agreement. In case of inability to perform in emergency or unforeseen situations, and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular regarding the obligation to promptly return the performance to the Consumer, may apply.

  4. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, during the period selected by the Seller, determine the threshold of the minimum value of the Order for which shipping of the Products is free. The Customer is informed about the total price including taxes of the Product, as well as delivery costs and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, before placing the Order and before concluding the Sales Contract.

  5. Promotional Actions valid in the Online Store do not combine, unless the provisions of the Promotion expressly provide otherwise.

 

  1. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

 

We are flexible - our Store allows various payment methods. Check out how you can pay for your Order.

 

  1. 5.1.The Seller provides the Customer with various methods of payment for the Order through trusted payment intermediaries:

  1. electronic payments (e.g. BLIK, Przelewy24);

  2. payment by traditional transfer;

  1. The possible current payment methods are specified in the Online Store and presented before the Customer places the Order and before concluding the Sales Agreement. The available payment methods may depend on the delivery method chosen by the Customer or the characteristics of the Product. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

  2. If the Seller does not receive the Customer's payment, the BOK may contact the Customer to remind him of the payment and abandoned shopping cart, including by sending an email (transaction email). Failure to make payment within 2 days of placing the Order, and then within an additional 2-day period, will result in non-acceptance of the offer made by the Customer under the Order. The Customer may also cancel the Order without incurring any consequences by contacting the Seller via the BOK until receiving the message about sending the Order, which does not affect his right to withdraw from the contract.

 

  1. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

 

Delivery of the product is a very important part of fulfilling the Order. We strive to get the product to you as soon as possible.

 

  1. 6.1.Delivery of the Product is carried out through an external company - a postal operator (such as a courier company or a company carrying out collection at a point), selected by the Customer when placing the Order.

  2. 6.2.The delivery of the Product to the Customer is chargeable, unless the Customer has placed an Order with free delivery, after meeting the criteria for free delivery or during the Promotional Action for free delivery. The currently available Product delivery costs are indicated to the Customer before placing the Order and concluding the Sales Agreement.

  3. 6.3.The available delivery methods may depend on the payment method selected by the Customer or the characteristics of the Product. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

  4. 6.4.Delivery is usually made within 2 days from the date of confirmation of the Order. The total delivery time of the ordered Product consists of :

  1. time of preparation of the order for shipment by the Seller (up to 3 working days from the date of confirmation of the Order by the Seller). If several Products are ordered, the Order will be forwarded for delivery after the Product with the longest preparation time is prepared;

  2. and the delivery time of the Product by the selected courier company or other postal operator. The delivery time of the courier company or other postal operator is indicated at the stage of placing the Order and depends on the type of Product ordered and the deadlines of the courier company or other postal operator.

  1. 2.5.In emergency situations, the delivery date may be extended, of which the Seller will inform the Customers (e.g. sale period, holiday period, unforeseen circumstances such as the outbreak of a pandemic).

  2. When the subject of the Sales Agreement is a Product offered in our store as a so-called pre-sale (which we always indicate in the Product description), the waiting time is extended and is up to 2 weeks, and is calculated from the date of placing the Order. To this time you should add the time of delivery of the Product by the carrier (usually 1-3 working days from the date of shipment).

  3. 2.7.In the event that the Order preparation or Product delivery time is extended, the Seller reserves the right to contact the Customer to inform him of the reason for the delays and the new scheduled delivery date.

  4. 2.8.The shipping time of an order may be extended for Products that will require personalization on Customer's order. The Customer will be informed of the shipping time on the Product Card or when placing the Order.

  5. 2.9.Receiving the shipment with the Product from the courier or postal operator, if possible, the Customer should verify with the carrier that the Product was delivered whole, without defects. If the Product is damaged by the carrier, a damage report should be written and the Seller should be informed.

  6. 2.10.Courier companies, postal operators and companies operating Points of Collection have their own regulations on how the delivery service is carried out (including possible complaints about the delivery, the time and manner of reporting any damage to the parcel and other relevant issues) - detailed information in this regard can be found on the websites of the delivery companies. Please familiarize yourself with these terms and conditions before choosing a delivery method.

 

  1. PRODUCT COMPLAINT

 

We pay great attention to the workmanship of our products. However, if you have any objections to the purchased goods - check out how to easily file a complaint with us.

 

  1. 8.1.The customer who is a Consumer is entitled to make a complaint about the purchased Product.

  2. 8.2.The Customer who is an Entrepreneur-Consumer has the right to file a complaint in accordance with the regulations in force in this regard, whereby the Seller's liability under the warranty for physical defects of Products is limited to the amount that the Entrepreneur-Consumer paid to the Seller for the purchase of the Product / service in question.

  3. 8.3.The Seller shall be responsible for the compliance of the performance with the Agreement, in particular, the Seller shall be obliged to provide the Client with the Product without defects and in accordance with the concluded Sales Agreement. The Seller shall not be liable for the Product's non-conformity with the Agreement to the extent specified in Article 43b Paragraph 2 or 3 of the Consumer Rights Act, if the Consumer has been expressly informed that a specific feature of the Product deviates from the requirements for conformity with the Agreement and, at the latest at the conclusion of the Sales Agreement, has expressly and separately accepted its features.

  4. 8.4.The Seller shall be liable for the lack of conformity of the Product with the Agreement existing at the time of its delivery to the Consumer and disclosed within 2 years from that time, unless the expiration date of the Product is longer.

  5. 8.5.A complaint may be submitted by the Customer in any form. You are encouraged to file a complaint using the forms of communication available in Section 1. 3 of the Terms and Conditions.

  6. 8.6.In the event of non-conformity of the Product with the Contract, the Customer, being the Consumer and the Entrepreneur-Consumer, shall have the rights set forth in Chapter 5A - the Law on Consumer Rights (hereinafter: non-conformity of the goods with the Contract).

  7. 8.7.In case of non-conformity of the goods with the contract, the Consumer may demand:

  1. its repair

  2. or replacement.

The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer:

  1. is impossible

  2. or would require excessive costs for the Seller.

If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract.

The Seller shall repair or replace the goods at its expense within a reasonable time from the moment the Seller was informed by the Consumer about the non-conformity of the goods with the contract. The Consumer is obliged to make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods at his expense.

  1. 2.8.The consumer shall also have the right to submit a statement of price reduction or withdrawal from the Sales Agreement when:

  1. The seller will refuse to bring the goods into conformity with the contract;

  2. The seller will not bring the goods into conformity with the contract;

  3. non-conformity of the goods with the contract continue to occur, despite the fact that the Seller tried to bring the goods into conformity with the contract;

  4. the lack of conformity of the goods with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first demanding repair or replacement of the goods;

  5. statements of the Seller or circumstances clearly indicate that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.

  1. In the case of a declaration of price reduction by the Consumer, the amounts due as a result of exercising this right will be refunded to the Customer no later than 14 days from the date of receipt by the Seller of the Customer's declaration of price reduction. The refund will be made using the same method of payment that the Customer used when paying for the goods, unless the Customer expressly agrees to a different method of refund.

  2. If the Consumer exercises the right to withdraw from the contract in the situations referred to in Article 43e paragraph 1 of the Consumer Rights Act, the Customer shall return the goods to the Seller immediately. Any costs associated with the return of goods in the circumstances indicated in the preceding sentence shall be borne by the Seller. The Seller will refund the purchase price within 14 days from the date of receipt of the goods or proof of their return.

  3. The seller is liable for non-conformity of goods with the contract existing at the time of delivery and disclosed within 2 years from that time. Customer's claims for non-conformity of goods with the contract shall be time-barred after 6 years from the date of disclosure of non-conformity of goods with the contract. The end of the limitation period is the last day of the calendar year.

  4. It is recommended that the customer specify in the description of the complaint:

  1. information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant (name and surname, mailing address, telephone number, e-mail address) - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

  1. The Seller will respond to the Customer's complaint immediately, but no later than within 14 days of receipt. Otherwise, the complaint is considered to have been accepted by the Seller.

  2. If, in order for the Seller to respond to the complaint of the Customer, who is an entrepreneur, or to exercise the rights of the Customer, who is an entrepreneur, under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with Article 561 in connection with Article 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller's expense.

 

 

  1. 10.OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

 

We are based on the assumption that in case of a difference of opinion with the customer, it is worth talking and seeking a mutual agreement on an amicable basis. See how we can resolve the dispute.

 

  1. The use of out-of-court means of dealing with complaints and claims is voluntary. The following provisions are for information purposes and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution. The Seller's statement of consent or refusal to participate in the procedure for out-of-court resolution of consumer disputes is submitted by the Seller on paper or other permanent medium in the event that, following the complaint filed by the Consumer, the dispute has not been resolved.

  2. The rules for conducting procedures for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including, in particular, the Act of September 23, 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of processing complaints and pursuing claims, as well as the rules of access to these procedures, may be available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings for out-of-court settlement of consumer disputes.

  3. A customer who is a Consumer has the following examples of out-of-court means of handling complaints and claims:

  1. The Customer shall be entitled to apply to the permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection, for settlement of a dispute arising from the concluded Sales Agreement.

  2. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

  3. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform̨ for resolving consumer disputes online. The seller is not currently participating in this voluntary alternative dispute resolution procedure.

 

  1. 11.RIGHT OF WITHDRAWAL (RETURNS)

 

We know that not sometimes consumers want to exercise their statutory right to return. We fully understand this. Check out how quickly and easily you can cancel a remote contract with us.

 

  1. 11.1.The Customer, being a Consumer, who has concluded a contract at a distance or off-premises, may withdraw from the contract without giving any reason and without incurring any costs, except those provided by law, within 14 days from the date of taking possession of the purchased Product. The regulations of this section of the Regulations also apply to the Entrepreneur - Consumer, who declares that he exercises his right to withdraw from the contract under the Act of May 30, 2014 on Consumer Rights, as he has entered into a contract directly related to his business activity, and the contract itself is not of a professional nature for him.

  2. 11.2.To meet the deadline it is sufficient for the Consumer or Entrepreneur - Consumer to make a statement to the Seller before its expiration. The Consumer or Entrepreneur-Consumer may make any unambiguous statement in which he informs about his withdrawal from the Sales Agreement.

  3. 11.3.Declaration of withdrawal from the Sales Agreement may be submitted using the return form, located under the content of the Terms and Conditions or in any other form, to the data indicated in section 1.3 of the Terms and Conditions.

  4. 11.4.Consumer and Entrepreneur - The Consumer alone bears the cost of returning the Product (the cost of return shipping from the Consumer to the Seller).

  5. 11.5.The period for withdrawal from the Sales Contract shall begin from the date of taking possession of the products by the Consumer, the Entrepreneur-Consumer or a third party other than a carrier (proxy) designated by the Consumer, and in the case of a Sales Contract that includes multiple products that are delivered separately, in batches or in parts - from taking possession of the last product, batch or part.

  6. 11.6.Consumer and Entrepreneur - Consumer is obliged to return the product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to return the product before its expiration. The Consumer may return the product to the address:Wiarusa 20, 32-087 Zielonki.

  7. 11.7.Consumer and Entrepreneur - Consumer should secure the returned product in such a way that it is not damaged during transport.

  8. 11.8.In the case of effective withdrawal from a remote contract, the contract is considered not concluded.

  9. 11.9.The Seller is obliged to immediately, but no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the cost of delivery of the product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller may withhold sending the refund until it has received the returned goods or sent us a confirmation of shipment of the package, whichever comes first.

  10. 11.10.If the Consumer or Entrepreneur-Consumer exercises the Statutory right of withdrawal, the Seller shall refund the payment using the same method of payment used by the Consumer, unless he or she has expressly agreed to a different method of refund that does not involve any costs for him or her.

  11. 11.11.If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Consumer or Entrepreneur-Consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product or due to improper care of the Product or improper packaging of the Product when sending it back to the Seller. The liability of the Consumer or the Entrepreneur-Consumer may include, in particular, the inability to introduce the product for sale as a full-value product, the cost of reattaching tags and security elements to the product, as well as the cost of restoring the Product to a condition that allows its reintroduction for sale on the Online Store, including the cost of examination of the product by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects result from the Consumer's use of the product in a manner beyond the necessary to ascertain its nature, characteristics and functioning).

  12. 11.12.The statutory right of withdrawal does not apply to the Consumer and Entrepreneur-Consumer in the following circumstances:

  1. If you exceed the 14-day period for informing the Seller about your wish to withdraw from the sales contract;

  2. In situations referred to in Article 38 of the Law on Consumer Rights.

 

  1. 12.INTELLECTUAL PROPERTY RIGHTS

 

In this section, we indicate what intellectual property rights we protect on our website and what rules you must follow.

 

  1. 12.1.All rights to the Online Store, in particular, property copyrights, intellectual property rights to its name, Internet domain, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Seller belong to the Seller, and the use of such content may be carried out only in accordance with the Regulations.

  2. 12.2.It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Online Store, the Service or its elements without the prior written consent of the Seller, except as expressly permitted by the provisions of applicable law and these Terms and Conditions. The Seller may take steps, including through legal proceedings, to protect its own interests and those of the Online Store's Customers.

  3. 12.3.The rights to use, copy and distribute data available on the site are subject to the provisions of the Law on Copyright and Related Rights.

  4. 12.4.The use of data of the Online Store for commercial purposes may be carried out after prior notification to the Seller and obtaining written permission from him.

 

  1. 13.PROTECTION OF PERSONAL DATA

 

Check out how we take care of your personal information.

 

  1. 13.1.The principles of personal data protection are defined in the document "Privacy Policy".

  2. 13.2.The rules for the use of cookies on the Website are defined in the document "Cookies Policy".

 

  1. 14.PROVISIONS FOR NON-CONSUMER CUSTOMERS

 

If you are shopping in our store, and you are not a consumer - this part of the terms and conditions is aimed at you.

 

  1. 14.1.This 13 point of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers and Entrepreneurs - Consumers.

  2. 14.2.As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, and for the delay in transportation of the shipment.

  3. 14.3.Pursuant to Article 558 § 1 of the Civil Code, the Seller's warranty liability for the Product towards the Customer who is not a Consumer is excluded.

  4. 14.4.Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.

  5. 14.5.Whenever the liability of the Seller, its employees, authorized representatives and/or agents is established, such liability with respect to a Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the Price paid and delivery costs under the last Sales Contract and shall only cover the real damage suffered.

  6. 14.6.Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

  7. 14.7.With respect to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time pursuant to generally applicable laws.

 

  1. 15.FINAL PROVISIONS

 

  1. 15.1.The Regulations shall come into force on 8.12.2020.

  2. 15.2.Regulations are available in Polish, English and Czech.

  3. 15.3.In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.

  4. 15.4.Unless otherwise provided by mandatory provisions of law, the applicable law for the resolution of all disputes arising under these Terms and Conditions shall be Polish law.

  5. 15.5.If the mandatory regulations of the country of the Customer's habitual residence provide for more favorable conditions for the Customer than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer's habitual residence shall apply.

  6. 15.6.The content of these Regulations is subject to change. The Online Store will inform about any changes by posting information on the Online Store website, in the case of Users subscribed to the Newsletter or having an active Customer Account - in the form of an email message.

 

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