§1

Identification of the Seller

 

1. The owner of the Store [hereinafter referred to as the Seller] is:

Jagoda Grząbka running a business under the name:

 

LALAWOODS JAGODA GRZĄBKA

based in Ratajach, ul. Margonińska, nr 17, 64-800 Chodzież

NIP: 6070058456,

REGON: 520486827,

Phone: 516082051,          

E-mail: shop@lalawoods.de

 

§2

General provisions

 

1. The online store [hereinafter referred to as the Store] sells via the Internet on the basis of these Regulations [hereinafter referred to as 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 running a business based in Poland or in the European Union;

• a legal person or an organizational unit without legal personality, which is granted legal capacity by law, based in Poland or within the European Union, which is authorized to make decisions and incur liabilities on behalf of the entity;

• a minor acting with the consent of a parent or legal guardian, in accordance with the provisions of the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).

3. Consumer [hereinafter referred to as Consumer] pursuant to Art. 221 of the Civil Code is a natural person who performs a legal transaction with the Store that is not directly related to his or her business or professional activity.

4. An entrepreneur [hereinafter referred to as the Entrepreneur] is a natural person, a legal person and an organizational unit referred to in Art. 331 § 1 of the Civil Code, conducting business or professional activity on its own behalf.

5. Goods [hereinafter referred to as Goods] are movable items available in the Store that are the subject of a sales contract between the Seller and the Customer.

6. The Regulations are an integral part of the sales contract concluded with the Customer.

7. The prices given in the Store are final prices (including all taxes and fees).

8. The goods available in the Store are new and free from physical and legal defects. The exception are goods with clearly marked defects and traces of use. Liability for defects is determined by applicable law, in particular Art. 12 section 1 point 13 of the Consumer Rights Act (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).

 

§3

Orders

 

1. Orders can be placed via interactive forms available on the Store's website (customer's basket).

2. The condition for the execution of the order is to provide data enabling verification of the Customer and the recipient of the goods. The store confirms 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 or contradictory information when placing an order, the Store will contact the Customer to remove the errors. By placing an order, the Customer submits an offer to conclude a sales contract for the ordered goods.

3. The information contained in the e-mail message referred to above is binding on the parties.

4. After placing the order, it is verified. Then, the Store sends information about the order acceptance and its subsequent stages to the e-mail address provided by the Customer. Information about acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §3 section 2 and upon its receipt by the Customer, a Sales Agreement is concluded. After concluding the Sales Agreement, the Store confirms its terms to the Customer by sending them to the e-mail address.

5. The information available on the Store's website does not constitute an offer within the meaning of the Civil Code.

 

§4

Payments

 

1. The customer has a choice of payment methods:

• payment by transfer to a designated bank account (transfer);

• payment on delivery (cash on delivery).

2. Shipping prices are specified in the order summary.

3. The condition for releasing the goods is payment for the goods and shipment. The goods become the property of the customer only upon full payment.

4. The customer is obliged to settle the amounts due under the concluded contract regardless of the chosen method of payment and delivery.

5. If the Customer fails to pay within 7 days from the date of conclusion of the contract (and in the case of cash on delivery), the Store will call the Customer to collect and pay for the goods, setting a deadline for fulfilling the obligation. If the amount due under the concluded contract is not settled within the specified period, the Store may withdraw from the sales contract.

6. The order processing time is counted from the moment when the funds for the order are credited to the Store's bank account or from the moment of positive payment authorization (does not apply to cash on delivery).

7. The deadline for processing orders paid on delivery is counted from the business day following the confirmation of the order by the Store referred to in §3 section 4.

 

§5

Shipment of goods

 

1. The Store sends the ordered goods via courier companies.

2. Pursuant to Art. 545 par. 2 of the Civil Code, in the event of sending the goods to their destination via a carrier, the Customer is obliged to immediately examine the shipment. If he finds that the Goods were lost or damaged during transport, he is obliged to take all actions necessary to determine the carrier's liability and immediately inform the Seller about this fact. Failure to comply with these obligations constitutes the basis for refusing to accept a complaint or warranty rights.

 

§6

Warranty complaints

 

1. In the event of non-compliance of the goods with the contract, the Consumer should immediately report the defect along with a description of the non-compliance to the address provided in paragraph 1.

2.  The Store responds to the Consumer's complaint within 14 days of receiving the complaint.

3. The template of the complaint form is attached as Annex 2 to the Regulations.

4. The Store is liable to the Consumer under the warranty law regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

5.  When a defect occurs, the Consumer may request from the Store (under the warranty law), in accordance with the provisions of the Civil Code:

• replacing the goods with new ones;

• repair of goods;

• price reduction;

• withdrawal from the contract - if the defect is significant.

The Store will respond to the Consumer's requests within 14 days of receiving the request. The store will consider the request taking into account the following circumstances:

• ease and speed of replacing or repairing the goods;

• nature of the defect – significant or unimportant;

• whether the goods have been advertised before.

6. The Store may refuse requests to replace or repair 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 such a case, the store will propose an alternative solution.

7. Every Consumer may use out-of-court methods of dealing with complaints and pursuing claims. If you want to take advantage of the possibility of amicable resolution of disputes regarding online purchases, you can submit a complaint, e.g.;

 

• via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/;

• through the regional Provincial Inspector of Trade Inspection, the list is available at https://www.uokik.gov.pl/wazne_adresy.php#faq595;

• due to the location of the Store, the matter may be directed directly to the Wielkopolska Provincial Inspector of Trade Inspection in Poznań at al. Marcinkowskiego 3, 60-967 Poznań https://poznan.wiih.gov.pl.

The course of proceedings for out-of-court resolution of consumer disputes is determined by the currently applicable provisions of law (in particular the Act of September 23, 2016 on 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 §1 of these regulations.

 

§7

Warranty complaints

 

1. The provisions of this paragraph apply only to Customers who are not Consumers.

2. Pursuant to Article 558 of the Civil Code, the Store's liability under warranty is excluded.

3. Complaints should be sent to the e-mail address specified in paragraph 1, providing the following data: name, surname, name, address, date of conclusion of the contract, subject of the contract, date of detection of the defect, type of defect, claim, confirmation of the existence of the defect at the time of delivery of the Goods, contact details (email), as well as any photos and other information that may affect the complaint process.

4.  The store will respond to the submitted complaint within 14 calendar days.

 

§8

Right to withdraw from the contract

 

1. Pursuant to the Act on Consumer Rights of May 30, 2014, the consumer has the right to withdraw from the contract without giving a reason.

2. Withdrawal from the contract is effective if the Consumer/Entrepreneur submits a declaration of withdrawal from the contract within 14 days from the date of delivery of the goods. To meet the deadline, it is enough to submit a declaration before its expiry. The form of submitting the declaration may be any, e.g. 

• the declaration can be submitted on a form, the template of which is an annex to the Act on Consumer Rights of May 30, 2014 (constituting Annex No. 1 to the regulations);

• by e-mail to the address provided in paragraph 1 of these regulations;

• by post to the address provided in paragraph 1 of these regulations. 

3. The consumer returns the goods to the Store within 14 days of submitting the declaration of withdrawal from the contract at his own expense.

4. The store returns the funds within 14 days from the date of receipt of the declaration. The Store may withhold the refund of the payment until it receives the Goods back or until the Consumer provides proof of sending it back, depending on which event occurs first.

5. The store returns the funds using the same payment method used by the consumer. In the case of payment by payment card, the refund is made to the card account.

6. If the Consumer has chosen a method of delivery of the item other than the cheapest one offered by the Store, the Store will not refund the additional costs incurred by the Consumer/Entrepreneur. The Store will only refund the cost of the cheapest delivery of a given item to the Consumer/Entrepreneur.

7. The consumer covers all direct costs of returning the Goods (e.g. costs of packaging, security, shipping).

8. The right of withdrawal is not available to the Consumer in the case of contracts:

• in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;

• about the provision of services, if the Store has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Store has provided the service, he will lose the right to withdraw from the contract;

•  in which the subject of the service are Goods which, after delivery, due to their nature, are inseparably combined with other Goods.

9. Pursuant to Art. 31 of the Act on Consumer Rights of May 30, 2014, in the event of withdrawal from a distance contract or an off-premises contract, the contract is deemed not to have been concluded.

10. The Consumer is responsible for reducing the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning.

 

§9

Services provided electronically

 

1. The store provides the following services electronically:  

• contact via form;

• periodic sending of messages via newsletter;

• maintaining the Customer Account.

2. The services specified in point 1 are provided 7 days a week, 24 hours a day.

3. Service:

• contact via form - involves the Customer sending a message via interactive forms available on the Store's website. The contract is concluded when the Customer uses the contact form;

• cyclical sending of messages via newsletter - consists in periodic sending of commercial and marketing messages by the Store 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 the subscription is activated by clicking on the link that the Store sends to the e-mail address provided. It is also possible to conclude a contract by expressing consent when registering or placing an order;

• maintaining a Customer Account - it involves providing an individual panel with the ability to view order history and edit data. The contract is concluded by completing the appropriate interactive forms on the Store's website.

 

4. Resignation from services provided electronically is possible at any time without incurring any additional costs. Cancellation takes place depending on the service provided:

• contact via form service - by ending the use of interactive forms available on the Store's websites;

• cyclical sending of messages via newsletter - by sending an e-mail to the address provided in paragraph 1. The message should contain data enabling verification of the service subscriber;

• maintaining the Customer Account - by sending an e-mail to the address provided in paragraph 1. The message should contain data enabling verification of the service subscriber.

5. If the Store detects any action to the detriment of the Store, violation of the law, or violation of the provisions of the Regulations, the Store may at any time limit, block or remove the Customer's access to the services specified in section 1. The Store informs the Customer about blocking or limiting access to the services via messages. e-mail sent to the address provided in the form.

6. The services are provided indefinitely, but the Store may limit, block or modify access to them by informing the Customer about it.

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 will.

 

§10

Privacy protection

 

1. The Store processes Customers' personal data in accordance with applicable law in the manner specified in the Privacy Policy (Appendix 3).

 

§11

Technical measures

 

1. In order to use the Online Store, including browsing the assortment and placing orders, it is necessary:

a) end device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;

b) active e-mail account;

c) JavaScript support enabled;

d) acceptance of the use of cookies (required to place an order).

 

§12

Entry into force and changes to the Regulations

 

1. The Regulations enter into force on the day of publication on the Store's website.

2. These Regulations may be changed.

3. Changes 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. Changes to the Regulations come into force from the date of their publication. The amended Regulations apply to Customers who have purchased goods since the publication of the Regulations.

6. The Store acknowledges 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 specified in section. 5.

7. In matters not regulated by the provisions of these Regulations, Polish law, applied by a Polish court, shall apply.