Store regulations specifying, among others rules for the conclusion of sales contracts by the store, containing the most important information about the Seller, store and consumer rights.
TABLE OF CONTENTS
- § 1 Definitions
- § 2 Contact with the Seller
- § 3 Technical requirements
- § 4 Shopping in the store
- § 5 Payments
- § 6 Order processing
- § 7 Right to withdraw from an agreement
- § 8 Consequences of withdrawal from an agreement
- § 9 Exceptions to the right to withdraw from an agreement
- § 10 Complaints
- § 11 Out-of-court complaint consideration and redress methods
- § 12 Personal data
- § 13 Reservations
Annex No. 1: Model withdrawal form
§ 1 DEFINITIONS
- Working days – days from Monday to Friday, excluding public holidays.
- Account – a free Store function (service provided electronically) regulated by separate regulations, thanks to which the Buyer may set up his individual Account in the Store.
- Consumer – a consumer within the meaning of the Civil Code.
- Buyer – any entity buying in the Store.
- Regulations – these regulations.
- Store – Lebelt Suits online store run by the Seller at https://filiplebelt.com
- Seller – WALDEMAR JÓZEF LEBELT, entrepreneur conducting business activity under the name PPHU DEMARR Waldemar Lebelt, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and running the Central Register and Information on Economic Activity, NIP 5731430775, REGON No. 150811446, ul. Kasztanowa 57A, 42-165 Lipie.
§ 2 CONTACT WITH THE SELLER
- Postal address: ul. Kasztanowa 57A, 42-165 Lipie
- Email address: email@example.com
- Phone: 660536863
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store you need:
- device with internet access,
To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.
§ 4 SHOPPING IN THE STORE
The prices of goods visible in the Store are total prices for the goods, including VAT. The Seller notes that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, delivery costs.
The goods selected for purchase should be added to the basket in the Store.
Then, the Buyer chooses from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.
The order is placed when the content is confirmed and the Buyer accepts the Regulations.
Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing their data with every possible order.
§ 5 PAYMENTS
You can pay for your order, depending on the Buyer’s choice:
- By ordinary transfer to the Seller’s bank account.
- Through the payment platform: TPAY
- Cash on delivery, i.e. cash on delivery of the goods to the Buyer.
- Cash when picking up your good personally.
If the Buyer chooses to pay in advance, the order must be paid within 7 Business Days of placing the order.
The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only immediately after placing the order.
§ 6 ORDER COMPLETION
- The seller is obliged to deliver the goods without defects.
- The term of the contract realisation is indicated in the store.
- In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.
- In a situation where, under one order, the Buyer purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery time.
- Goods are delivered only within the territory of the Republic of Poland.
- Goods purchased in the Store are delivered depending on which method of delivery the Buyer has chosen:
Through the Polish Post
§ 7 RIGHT TO WITHDRAW FROM AN AGREEMENT
The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day:
- in which the consumer came into possession of the goods or in which a third party other than the carrier and indicated by the consumer came into possession of the goods.
- in which the Consumer came into possession of the last of the things or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last of the things in the case of a contract requiring the transfer of ownership of many things that are delivered separately.
- conclusion of the contract – in the case of a contract for the supply of digital content.
- In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
- The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
- To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
§ 8 EFFECTS OF WITHDRAWING FROM AN AGREEMENT
- In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from him, including the costs of delivery of the goods (except for additional costs arising from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the consumer’s decision to exercise the right of withdrawal.
- The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.
- The seller may withhold reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
- The seller asks you to return the goods to the following address: ul. Kasztanowa 57A, 42-165 Lipie immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the consumer sends the goods back within 14 days.
- The consumer bears the direct cost of returning the goods.
- The consumer is only responsible for reducing the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be sent back by regular mail, the consumer will also have to bear the direct cost of returning the goods. The consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
§ 9 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM AN AGREEMENT
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs.
- 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 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.
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
- for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.
- for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
- The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.
§ 10 COMPLAINTS
In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods under the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
- make a statement about the reduction of the price in the event of a material defect – make a statement on withdrawal from the contract, request replacement of the item for a non-defective one, demand that the defect be removed.
- The Seller asks to make a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.
- If it turns out that in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver this goods, in the case of a Consumer at the Seller’s expense, to the address ul. Kasztanowa 57A, 42-165 Lipie.
- If the product has been given an additional warranty, information about it, as well as about its conditions, is available in the product description in the Store.
- Complaints regarding the operation of the Store should be directed to the e-mail address provided in § 2 of the Regulations.
- The complaint will be considered by the Seller within 14 days.
§ 11 EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
- mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- assistance of a competent field-based amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of a case before an arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- free help from the municipal or poviat Consumer Ombudsman of the online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 12 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller.
§ 13 RESERVATIONS
- It is forbidden for the Buyer to provide illegal content.
- Each time the order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations.
- The contract is concluded on time and to fulfill the order.
- Agreements concluded on the basis of these regulations are concluded in Polish.
- In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
- None of the provisions of these Regulations excludes or in any way limits the consumer’s rights under the law.
- The provisions regarding goods and the sales contract shall apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.
Annex 1 to the Regulations
Below is a sample withdrawal form from which the Consumer may or may not use:
MODEL WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
PPHU DEMARR Waldemar Lebelt
- Kasztanowa 57A, 42-165 Lipie e-mail address: firstname.lastname@example.org – I / We (*) …………………………………………… hereby inform / we inform (*) about my / our withdrawal from the sales contract for the following items (*) / for the provision of the following service (*) / for the supply of digital content in the form (*):
– Date of conclusion of the contract (*) / receipt (*) ……………………………………………………………………………………………………. …… ..
– Name (s) of the consumer (s): ……………………………………………………………………………………………………. ……
– Address of the Consumer (s): …………………………………………………………………………………………………………….
(only if the form is sent in paper version)
(*) Delete as applicable.