Terms and Conditions
§ 1
Preliminary provisions
- These Regulations define the general conditions, rules and manner of sales within the online store available at the Internet address lilaseb.shop conducted by Lila&Seb Global Trade Company Sebastian Kosiak, based in Piekary Slaskie, at ul. Gwiżdża 11, 41-710 Ruda Śląska, NIP 6342463060, REGON 240977944, hereinafter referred to as the “Store”.
- Contact with the Store is possible in electronic form – via e-mail: lilaseb.shop@gmail.com, by phone at +48 530 362 526, or through contact forms available on the website.
- Information about Products i.e. prices, technical parameters located on the Store’s websites constitute an invitation to the Seller to make an offer, in order to conclude a Sales Contract. Invitation to submit an offer to the Seller is made by placing an order in the Store.
- Copyright to all content on the Store’s Website is vested in the entity indicated in paragraph 1 above or to entities with which the relevant contracts have been concluded, and are subject to legal protection.
- In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following technical requirements are necessary: use of a web browser with at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s. The Store’s Website is optimized for a minimum screen resolution of 1024×768 pixels.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible after creating an account in the Store, in accordance with the provisions of these Regulations.
- All Products offered in the Store are brand new, free from physical and legal defects, and have been legally introduced into the Polish market.
- The store also offers Products on Order with extended lead times. The customer will be informed by an employee of the Store by phone or e-mail, about the approximate waiting time.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
§ 2
Definitions
- Customer – means an entity (natural person, legal person, organizational unit that is not a legal person, to which special regulations grant legal capacity) to whom, in accordance with the Regulations and legal regulations, electronic services may be provided or with whom a Sales Agreement may be concluded. Only a person of legal age can become a customer of the Store.
- Consumer – a natural person making a legal transaction not directly related to his business or professional activity.
- Individual Entrepreneur – an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Product – means the goods presented by the Seller via the Store’s Website, which can be the subject of a Sales Contract.
- Product on Order – a product not in stock, imported at the request of the Customer. Product subject to Advance or Down Payment.
- Regulations – these Regulations for the provision of electronic services in the Online Store at lilaseb.shop.
- Website – the website under which the Seller operates the Store, operating in the domain lilaseb.shop.
- Vendor – Lila&Seb Global Trade Company based in Piekary Slaskie.
- Sales Agreement (Agreement) – a sales agreement concluded at a distance within the meaning of the Act of May 30, 2014. on consumer rights, under the terms of the Regulations, between the Customer and the Seller.
- Order – a declaration of will of the Customer, clearly specifying the type and quantity of Products, aiming directly at the conclusion of the Sales Agreement.
- Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
§ 3
Rules of use of the Store
- The condition for creating an Account in the Store and placing an Order in the Store by the Customer is reading these Regulations and accepting their provisions during the execution of the Order by marking “I have read and accept the Regulations” and registering on the Website by completing and sending electronically the registration form provided by the Seller.
- By registering on the Website, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by checking the appropriate box on the registration form.
- The customer will receive by e-mail to the e-mail address provided in the registration form immediately after submitting the completed registration form a confirmation of registration by the Seller.
- As soon as the registration form is submitted, a contract for an account in the Store is concluded between the Customer and the Seller. The contract is concluded for an indefinite period, and the customer may terminate this contract with immediate effect at any time by deleting the account.
- In order to place an order in the Store via the Store’s Website or via e-mail, it is necessary for the Customer to have an active e-mail account, and placing an order by telephone, is possible when the Customer has an active telephone number and an active e-mail account.
- The Seller undertakes to take all available technical and organizational measures to ensure the security of the Customer and the transmission of personal data in connection with the use of the Store, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes the necessary measures to ensure the full proper functioning of the Store. The customer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
- The customer, via e-mail, can report complaints about the functioning of the Store to the e-mail address lilaseb.shop@gmail.com. In the message, the customer should provide his name, mailing address and the type and date of the irregularity related to the operation of the Store. The Service Provider will consider all complaints within 14 days of receiving the complaint and will inform the Client of the resolution of the complaint to the e-mail address of the complainant.
§ 4
Rules for placing and delivering Orders
- Customer can place Orders 24 hours a day, 7 days a week.
- The store offers the following forms of payment for the ordered Products:
a/ cash or card upon receipt of shipment (available methods depend on the selected shipping company);
b/ payment card, BLIK or bank transfer through imoje, an external payment system owned by ING Bank Slaski. - Shipping costs are calculated automatically and are indicative. They are subject to change after verification of the Order by an employee of the Store.
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
- In order to place an Order via the Website, it is necessary to perform the following steps:
a/ adding the Product to the shopping cart;
b/ make a choice of the type of delivery and form of payment;
c/ making a choice of the place of delivery of the Product;
d/ placing an Order by using the “Order with obligation to pay” button. - To place an Order over the phone, the Customer, while speaking with a Store employee, indicates to the Seller the name of the Product from among the Products on the Store’s Website, the number of Products he would like to order and specifies the method and address of delivery and the type of payment. The customer also indicates an e-mail address for the Seller to confirm the content of the proposed contract and to confirm the order. During the conversation, the Seller is obliged to inform the Customer about the total price of the selected Products and the total cost of the selected method of delivery, as well as all additional costs that the Customer would be obliged to pay if the Sales Agreement was concluded.
- After concluding the Sales Agreement by telephone, the Seller will send to the e-mail address provided by the customer information containing confirmation of the order, the terms of the Sales Agreement and the content of these Regulations.
- The customer is obliged to confirm the order and the content of the terms and conditions of the Agreement within 24 hours, which also means acceptance of the content of these Terms and Conditions.
- When the Order is placed, the Contract with the Customer is concluded.
- The store reserves the right to cancel the Order if the Customer fails to make payment within 7 days from the date of placing the Order. This does not apply to Orders with selected cash on delivery payment method.
- Realization of the Order takes place within 3 working days from the date of payment by the Customer of the price for the entire Order, and in the case of Orders made on delivery – immediately. This does not apply to Products on Order.
- The customer agrees that an invoice may be issued and sent electronically, to the e-mail address he indicated during registration, without obtaining his signature.
- The Seller shall deliver Products ordered from the Store exclusively in the territory of the Republic of Poland.
- Products are properly packed and protected from damage before shipment.
- In the case of delivery of Products by courier, the Customer should check the shipment in the presence of the courier. Pay particular attention to the condition of the package of the shipment.
- Do not receive the shipment when the package of the shipment is damaged, the contents of the shipment are inconsistent with the Order or when the shipment is incomplete. In such a situation, a damage report should be drawn up in the presence of the courier, and then the Store should be informed of the situation, either by phone or e-mail: lilaseb.shop@gmail.com.
- When, after receipt of the shipment, damage or defects of the Products come to light, which could not be seen at the time of receipt of the goods, the Customer should inform the carrier and request a damage report.
§ 5
Withdrawal from the contract
- A customer who is a Consumer or an Individual Entrepreneur may withdraw from the Sales Contract within 14 days without giving any reason.
- The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or Individual Entrepreneur or a person other than the carrier designated by them.
- In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the time limit indicated in paragraph 1 runs from the delivery of the last item, lot or part.
- Either the Consumer or the Individual Entrepreneur may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient to send a statement electronically to the e-mail address sklep@lilaseb.shop by the Consumer or Individual Entrepreneur before the deadline.
- The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or Individual Entrepreneur in the case where the subject of performance is a non-refabricated item, produced to the specifications of the Consumer or Individual Entrepreneur or serving to meet his individualized needs.
- If the statement is sent by the Consumer or Individual Entrepreneur electronically, the Seller will immediately send him an e-mail confirmation of receipt of the statement of withdrawal from the Contract to the e-mail address provided.
- In the event of withdrawal from the Agreement, it shall be considered not concluded.
- In the event of withdrawal from the Agreement, the Seller shall return to the Consumer or Individual Entrepreneur immediately, no later than within 14 days from the date of receipt of the Consumer’s or Individual Entrepreneur’s statement of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer or Individual Entrepreneur other than the cheapest ordinary method of delivery offered by the Seller.
- The Seller will refund the payment using the same methods of payment that were used by the Consumer or Individual Entrepreneur in the original transaction, unless the Consumer or Individual Entrepreneur has expressly agreed to another solution that will not incur any costs for him.
- The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer or Individual Entrepreneur should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer or Individual Entrepreneur sends back the Product before the expiration of the 14-day period.
- Either the Consumer or the Individual Entrepreneur shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
- Either the Consumer or the Individual Entrepreneur shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
§ 6
Complaints
- The Seller shall be liable to the Customer for non-compliance of the Product with the terms of the Sales Contract.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- The customer may demand repair of the goods, replacement of the goods with defect-free goods, reduction of the price of the goods, or may withdraw from the sales contract.
- Complaints can be submitted, by using the complaint form located on the Website, by email to: lilaseb.shop@gmail.com or in writing to the address of the Store.
- The seller has 14 days from the date of receipt to process the complaint. The answer to the complaint is sent to the e-mail address from which the complaint was sent to the Store. At the express request of the customer, the Store may send a response to the complaint to the snail mail address.
- Products sold by the Seller may be covered by a warranty provided directly by the Product manufacturer or distributor.
- In case the Product is covered by a manufacturer’s or distributor’s warranty, information regarding the existence and content of the warranty is presented each time on the Website.
- In the case of a Customer who is a Consumer or an Individual Entrepreneur, the complaint costs are covered by the Seller, in particular, the cost of delivering the advertised Goods to the Seller as well as sending them back to the Customer by the Seller.
- The consumer has the right to use out-of-court means of handling complaints and claims. To do so, it can file a complaint through the EU’s online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 7
Final provisions
- Contracts concluded through the Online Store are concluded in the Polish language.
- The Seller reserves the right to make changes to the Terms and Conditions.
- All Orders placed before the effective date of the new Terms and Conditions are carried out on the basis of the existing wording of the Terms and Conditions. Amendments to the Terms and Conditions shall come into effect within 7 days from the date of publication on the Website The Seller shall inform the Customer 7 days before the new Terms and Conditions come into effect about the amendment to the Terms and Conditions by means of an e-mail message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the content of the Terms and Conditions, he is obliged to delete his account in the Store.
- Settlement of any disputes arising between the Seller and the Customer who is not a consumer is submitted to the court having jurisdiction over the seat of the Seller.
- In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply.
- Details related to the processing of personal data are described in the Privacy Policy available on the Website.
These Regulations are effective as of 25.11.2022. and enters into force within 7 days of publication.