TERMS OF THE ONLINE STORE
1. The owner of the Store is:
Lukgraph Łukasz Sznajder
with its registered office at Zamłynie 28A, 30-898 Kraków
NIP (tax identification number): 6792557453
- The Online Store [hereinafter the Store] conducts sales via the Internet on the basis of these Regulations [hereinafter the Regulations].
2. The customer [hereinafter the Customer] may be:
· An adult natural person with full legal capacity residing in Poland or in the European Union,
· An adult natural person conducting business activity with headquarters in Poland or in the European Union,
· A legal person or an organizational unit without legal personality, which the law confers legal capacity, based in Poland or in the European Union, which is entitled to make decisions and incur obligations on behalf of the entity,
· A minor acting with the consent of the parent or legal guardian.
3. The Regulations are an integral part of the sales contract concluded with the Customer.
4. The prices given in the Store are gross prices (including VAT).
5. Goods available in the Store are new and are free from physical and legal defects. The exception are goods with clearly marked defects and traces of use. Liability for defects is defined by applicable law, in particular art. 12 paragraph 1 point 13 of the Act on Consumer Rights (Journal of Laws 2014 item 827 as amended), Articles 556 and 5561-5563 of the Civil Code (Journal of Laws 1964 No. 16 item 93 as amended).
- Orders can be placed via interactive forms available on the Store's website (customer's basket).
- The condition of the contract is to provide data that allows verification of the customer and recipient of the goods. The store confirms the acceptance of the order by sending a message describing the subject of the order to the e-mail address provided when placing the order. If the Customer provides incomplete, incorrect, contradictory information when placing the order, the Store will contact the Customer to remove the errors. By placing an order, the Customer submits an offer to conclude a contract for the sale of ordered products.
- The parties shall be bound by the information visible on the Store's website next to the purchased goods at the time of placing the order. This applies in particular to: price, product characteristics, its features, elements included in the set, dates and method of delivery.
- After placing the order, it is verified. Then the Store sends to the e-mail address provided by the Customer information about the acceptance of the order for implementation and its subsequent stages. Information about the acceptance of the order is a statement of the Seller about the acceptance of the offer referred to in §3 paragraph 2 and upon its receipt by the Customer, a Sales Agreement is concluded. After concluding the Sales Agreement, the Store confirms the terms of the Customer by sending them to the e-mail address.
- Information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an order, the customer submits an offer to purchase a specific product.
- The customer has the choice of payment method:
- payment by bank transfer to the bank account (bank transfer),
- Electronic payments,
- Payment by payment card.
- Shipping prices are specified in the order summary.
- The condition for the release of goods is payment for the goods and shipping.
- In the event of payment by bank transfer, the amount due should be paid within 7 calendar days from the date of order confirmation.
Shipment of goods
The Store sends ordered goods via Poczta Polska S.A. or makes it available for personal collection at the Store's headquarters.
Complaints under the warranty
In the event of non-compliance of the goods with the contract, the Customer should return the advertised goods to the Store together with a description of the non-compliance.
2. The store shall respond to the customer's complaint within 14 days of the return of the goods together with a description of the non-compliance.
3. A model complaint form is attached as Annex 2 to the Regulations.
4. The Store is liable to the Customer under the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months.
5. At the time of the occurrence of the defect, the Customer may request from the Store (under the warranty right):
· Exchange of goods for a new one;
· Repair of goods;
· Price reduction;
· Withdrawal from the contract - if the defect is significant.
The store will respond to customer requests within 14 days of receiving the request. The store will consider customer requests, taking into account the following circumstances:
· Ease and speed of replacing or repairing the goods;
· The nature of the defect - significant or insignificant;
· Whether the goods have been previously advertised.
6. The Store may refuse the Customer's request for replacement or repair of the goods, provided that the replacement or repair of the goods is impossible to complete, or would require excessive costs compared to the second possible request. In this case, the store will propose an alternative solution.
7. Each customer who is a consumer may use extrajudicial means of dealing with complaints and redress. In order to take advantage of the possibility of amicable settlement of disputes regarding online shopping, the Customer may file his complaint, e.g.
· Via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/,
· Through the Małopolska Voivodship Inspector of Trade Inspection in Kraków, at Ujastek 1, 31-752 Kraków http://www.krakow.wiih.gov.pl
The course of proceedings regarding out-of-court resolution of consumer disputes is determined by the currently applicable provisions of law (in particular in the Act of 23 September 2016 on the out-of-court resolution of consumer disputes).
8. All complaints regarding the use of the Services provided by the Store should be sent to the addresses provided in paragraph 1 of these Regulations.
9. Pursuant to Article 558 of the Civil Code, the Store's liability under the warranty is excluded in the case of contracts concluded with customers who are not consumers.
The right to withdraw from the contract
Pursuant to the Act on consumer rights of 30 May 2014, the Customer who is a consumer has the right to withdraw from the contract without giving a reason.
2. Withdrawal from the contract is effective if the customer submits within 14 days from the date of delivery of the goods, a statement of withdrawal from the contract. To meet the deadline, it is enough to make a statement before its expiry. The form of submitting the declaration may be any, e.g.
· The declaration can be made on the form, an example of which is attached to the Act on consumer rights of 30 May 2014 (constituting Annex 1 to the regulations),
· By e-mail to the address given in paragraph 1 of these Regulations,
· By post to the address given in paragraph 1 of these Regulations.
3. The customer returns the goods to the store within 14 days of submitting a statement of withdrawal from the contract at his own expense.
4. The store shall refund funds within 14 days of receiving the declaration. The Store may withhold the reimbursement of payments received from the Customer until receipt of the item back or delivery by the Customer of proof of sending it back, whichever occurs first.
5. The store returns funds using the same method of payment as used by the customer. In the case of payment by credit card, the refund is made to the card's account.
6. If the Customer has chosen a different delivery method than the one offered by the Store, the Store will not refund the Customer the additional costs incurred by him. The store will refund only the cost of the cheapest delivery of the item to the customer.
7. The customer covers all direct costs of returning the item (e.g. packaging, security, posting).
8. The Customer is not entitled to withdraw in cases of contracts:
· On the provision of services, if the Store has rendered the service fully with the express consent of the Customer who was informed before the commencement of the service that after fulfilling the service by the Store he will lose the right to withdraw from the contract;
· In which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specifications or serving to satisfy his individual needs;
· In which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
· Providing digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the customer before the deadline to withdraw from the contract and after informing him by the store about the loss of the right to withdraw from the contract;
· In which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
· In which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
9. On the basis of art. 31 of the Act on consumer rights of 30 May 2014, in the event of withdrawal from a distance contract or a contract concluded off-premises, the contract is considered void.
10. The right to withdraw from the contract without giving a reason is not entitled to the Customer who is not a consumer.
11. The customer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
Services provided electronically
The Store provides the following services by electronic means:
• cyclical sending of messages via the newsletter;
• maintaining a Customer Account;
• contact via the form.
2. The services specified in point 1 are provided 7 days a week, 24 hours a day.
• cyclical sending of messages via a newsletter - involves the cyclical sending of messages by the Store with a commercial and marketing character to the e-mail address provided during the conclusion of the contract. The contract is concluded by entering the e-mail address in the appropriate forms, and activating the subscription by clicking on the link that the Store sends to the e-mail address provided. Conclusion of the contract is also possible by giving consent when registering or placing an order;
• keeping a Customer Account - consists of providing an individual panel with the option of viewing order history, and editing data. The contract is concluded by completing the appropriate interactive forms on the Store's websites;
• contact via the form - involves sending messages by the Customer via interactive forms contained on the Store's websites. The contract is concluded when the customer uses the contact form.
4. Resignation from electronic services is possible at any time without incurring any additional costs.
• cyclical sending of messages by means of a newsletter - by sending an e-mail to the address given in paragraph 1. The message should contain data enabling verification of the subscriber of the service;
• maintaining a Customer Account - by sending an e-mail to the address given in paragraph 1. The message should contain data enabling verification of the subscriber of the service;
• contact via form service - by terminating the use of interactive forms available on the Store's websites.
5. The Store, in the event of detection of damage to the Store, breaking the law, breaking the provisions of the Regulations may at any time limit, block or remove the Customer's access to the services referred to in point 1. The Store informs the Customer about blocking or limiting access to services via messages. e-mail sent to the address provided on the form.
6. Services are provided for an indefinite period, however, the Store may restrict access to them, block or modify them by informing the Customer about it in the manner specified in paragraph 11 point 4.
7. Both the Customer and the Store may terminate the contract for the provision of services specified in point 1 at any time by sending an e-mail with a declaration of intent.
In order to use the Online Store, including browsing the range and placing orders for products, it is necessary:
a) end device (e.g. computer, tablet, smartphone) with access to the Internet and Internet browsers such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
b) an active e-mail account;
Entry into force and amendments to the Regulations
The Regulations enter into force on the day of publication on the Store's website.
2. These Regulations may be changed.
3. Amendments to the Regulations will be published on the Store's website.
4. Information about changes to the Regulations will be sent to the Customer to the e-mail address indicated in the account settings.
5. Amendments to the Regulations enter into force after 14 days from the date of their publication in the manner specified in para. 3.
6. The Store recognizes that the Customer who has an account on the Store's website has accepted the changes to the regulations, if he has not terminated the contract by the end of the period indicated in paragraph 5.
7. In matters not covered by the provisions of these Regulations, Polish law shall apply.
WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Lukgraph Łukasz Sznajder
It will flood 28A
I ___________________________ hereby inform about my withdrawal from the contract of delivery of the following items: _____________________________________________________________
Date of conclusion of the contract / delivery: _____________________________________________________
Consumer Name and Surname: ______________________________________________________
Consumer Address: _______________________________________________________________
Consumer Signature *: _____________________________________________________________
* only if the form is sent in paper form
Annex No. 2
Lukgraph Łukasz Sznajder
It will flood 28A
I ___________________________ hereby inform about the detection of defects in the following products:
Date of defect detection: _______________________________________
Detailed description of the defects found: __________________________________________________
Date of conclusion of the contract / delivery: ____________________________________________________
Customer Name and Surname: ______________________________________________________
Customer Address: _______________________________________________________________
Customer requests: exchange of a new product / repair of the product / reduction of the price / withdrawal from the contract - (if the defect is significant) *.
* delete as appropriate
Value of the price reduction as per the Customer's request______________________________________
** only if the form is sent in paper form
Each customer who is a consumer may use out-of-court complaint handling and redress methods. In order to take advantage of the possibility of amicable settlement of disputes regarding online purchases, the consumer may submit his complaint, e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/