TERMS AND CONDITIONS OF THE LUXURYPRODUCTS.PL ONLINE SHOP
APPLIES TO SALES AGREEMENTS CONCLUDED UP TO 25TH DECEMBER 2014, FORMER TERMS AND CONDITIONS userfiles/file/Poprzedni%20regulamin%20-%20sklep%20Luxury%20Products.pdf
TABLE OF CONTENTS:
2. GENERAL PROVISIONS
3. TOLL-FREE SERVICES
5. SALES AGREEMENT CONCLUSION TERMS
6. PAYMENT METHODS AND DATES
7. COST, METHOD, AND TIMEFRAME OF DELIVERY, AND COLLECTION OF GOODS
8. EXTRAJUDICAL METHODS OF COMPLAINT AND CLAIM HANDLING, ACCESS TO PROCEDURES
9. GOODS RETURN
12. AGREEMENT TERMINATION
15. PERSONAL DATA PROTECTION
16. DIGITAL SERVICE RENDERING AGREEMENT TERMINATION
17. TECHNICAL ASPECTS
18. FINAL REMARKS
Www.myluxuryproducts.com online shop respects consumer rights. The consumer cannot waive his or her rights granted him or her by the Act on Consumer Rights. Provisions of agreements that are less favorable than the provisions of the Act on Consumer Rights shall be considered null and void. Such invalid provisions shall be replaced by the ones included in the Act on Consumer rights. Therefore, the provisions of those Terms and Conditions do not aim at excluding or limiting any consumer rights granted to them by applicable law regulations. Any inconsistencies shall be ruled in consumer’s favor. In the case of non-compliance of the provisions of those Terms and Conditions with the provisions of said regulations, regulations in question shall prevail and shall be enforced.
Those Terms and Conditions shall govern the rules of utilizing the LUXURY PRODUCTS Website by the Users, as well as principles of providing Services for Users by the LUXURY PRODUCTS CYLWIK General Partnership via the Website. Terms and Conditions specify general terms, rules, and ways of sales management in the case of the LUXURY PRODUCTS CYLWIK GENERAL PARTNERSHIP with its seat in Bialystok on Raginisa 9/10A Street (15-161) that offers its goods via the luxuryproducts.pl online shop, as well as specify both rules and conditions of rendering toll-free digital services by said company.
1) Working days – days from Monday to Friday, with the exclusion of bank holidays.
2) Delivery – factual action based on delivering the ordered Goods to the Client by the Seller (by means of an intermediary – the Supplier).
3) Supplier – entity the Seller cooperates with in order to fulfill its obligations arising from concluded sales Agreements – a courier company.
4) Password – string of letters, digits, or other characters chosen by the Client while registering in the Online Shop, used to protect Client’s Account.
5) Account – panel personalized for every Client, the access to which is granted after completing the Registration procedure.
6) Consumer – natural person entering into a legal relation with the entrepreneur, with the nature of said relation not being directly connected with its economic or professional activities.
7) Client – entity for whom, according to those Terms and Conditions and applicable law regulations, digital services can be provided and with whom a sales Agreement can be concluded; being a natural person over 18 and having a full capacity to act in law, a legal person, or an organizational unit without legal personality, being capable of obtaining rights and create responsibilities on its behalf.
8) Opinion Form – separate IT tool made available to the Users via the Website, which allows for adding Opinions.
9) Opinion – information regarding Goods/Services being descriptive in character and having a positive (recommendation) or negative form, as well as graphic means of assessing Goods or Services by rating them from 1 to 5 stars.
10) Entrepreneur – natural person, legal person, or an organizational unit not being a legal person with the capacity to act in law, performing business or professional activities and undertaking legal actions strictly connected with the performed activities.
11) Website Partners – entrepreneurs managing the Online Shop or presenting the Goods that cooperate with the Seller on the basis of a cooperation agreement concluded with said party pertaining to the LUXURY PRODUCTS Website or a Website-related service utilization agreement;
12) Registration – actions performed in compliance with those Terms and Conditions in a manner specified on the Website of the Shop, allowing for taking advantage of its functions.
13) Terms and Conditions – this document.
14) Seller - LUXURY PRODUCTS CYLWIK GENERAL PARTNERSHIP with its seat in Bialystok on Raginisa 9/10A Street, 15-161 Bialystok, the registration-related acts of which are kept by the District Court in Bialystok, 12th Commercial Division of the National Court Register, entered to the Register of Entrepreneurs under the following NCR no: KRS 0000516574, being the holder of the following TIN number 5423238705 and REGON number 200869111, e-mail address: email@example.com
15) Website of the Online Shop – website used by the seller to manage its Online Shop, available under the following address: luxuryproducts.pl.
16) LUXURY PRODUCTS Website – online portal managed by LUXURY PRODUCTS CYLWIK GENERAL PARTNERSHIP available at https://www.luxuryproducts.pl/ utilized to showcase, promote, advertise, and sell the Goods.
17) Goods – items sold by the Seller via the Website that may be the subject of a Sales Agreement.
18) Durable medium – material or tool allowing the Client or the Seller to store information addressed to it personally in a way allowing for accessing said information in the future to achieve the goal the information have been sent to achieve and that make it possible to access the stored pieces of information in their unchanged form.
19) Sales agreement – sales Agreement concluded remotely in compliance with those Terms and Conditions between the Client and the Seller.
2. General provisions
1) Luxury Products name, as well as other names and symbols denoting to the Seller and services provided by it are protected by the applicable material copyrights and industrial property rights. The owner and appointed entities are the only ones to utilize said names and symbols for their purposes. The Client shall not be allowed to take advantage of said names and symbols without prior receiving a written permission from the Seller or an appointed entity.
2) Utilized Website layout and content are protected by the Act on Copyrights and Rights Alike. Due to the said fact, the Seller informs about the necessary to respect intellectual property rights, copyrights and rights alike.
3) On the Website of the Shop, specific content is published that is covered by Seller’s copyrights, as well as that is covered by other parties’ copyrights, which is the result of inclusion of specific statements in those Terms and Conditions.
4) Content of the Website of the Shop is the exclusive property of the Seller, including Shop’s layout, the utilized presentation forms, material and non-material copyrights to the Website of the Shop, rights to texts elements, applications, databases, and graphic elements, except of those owned by third parties. The use of the Website of the Shop by the Client shall not grant said party any of the aforementioned rights.
5) It shall be prohibited for the Client to utilize the Website of the Shop or toll-free services provided by the Seller in a way that breaches the applicable law, social norms, or rights of third parties.
6) Within the scope of the Website, the Client can, among others:
a) obtain information on the offered Goods,
b) compare prices of the offered Goods,
c) publish opinions pertaining to Goods or the quality of servicing within the scope of the Online Shop,
d) familiarize himself or herself with opinions published by other Clients and pertaining to Goods or the quality of servicing within the scope of the Online Shop,,
e) purchase chosen Goods,
f) access his or her Account after registering on the Website, including gathering and accessing both order history and statuses,
g) utilize other Services, including Newsletter.
3. Toll-free services
1) Seller shall provide the following toll-free services to the Client:
a) contact form,
b) account management.
2) Services shall be provided 7 days a week and 24 hours a day.
3) It is possible to select and change the type, form, and availability of services discussed in point 2. The Seller shall inform Clients about any changes introduced or about new services in a manner specified in those Terms and Conditions.
4) Thanks to the contact form functionality, it is possible to send the Seller a message, a request, or a complaint. Opting out of the service shall be done by not sending the Seller any messages.
5) Account management service shall be available after Registration. The sections available to the Client shall incorporate his or her personal and contact data, as well as data on actions performed within the scope of the Website. The access to the Account shall be possible after properly entering e-mail address and password. The Client can also request the Seller to delete his or her account. In such a case, the Account shall be deleted within 7 days from the moment of request reception.
6) Seller shall have the right to disallow the Client to utilize the Account and toll-free services if the Client acts in a way breaching the applicable law regulations or the provisions of those Terms and Conditions, as well as when such a preventive action is caused by safety precautions, especially if the Client tries to break the security system of the Website or tries to perform any other hacking-oriented actions. Account and service access blocking shall last for the period required to settle the issue that has been the basis for blocking Client’s access to the Account and toll-free services. The Seller shall inform the Client about disallowing him or her to utilize the Account or toll-free services via e-mail sent to the address provided by the Client during the Registration process.
1) Client shall be allowed to:
a) utilize the Website without registering or logging in;
b) register on the Website by taking advantage of the available tools and to log in to the Website by providing authorization data specified during the Registration process.
2) Registration and logging in shall allow to store Client’s data and therefore make the utilization of the Website more comfortable.
3) Client willing to create an Account shall Register
on the website. The Account shall allow, among others, to manage orders and check their history.
4) Registration shall not be an indispensible part of order placement procedure.
5) To create an Account, the Client shall fill in the contact form made available by the Seller on the Website of the Shop and sent it to the Seller digitally by selecting the proper option. During the Registration procedure, the Client shall set his or her own password.
6) Client Registering the account shall familiarize himself or herself with those Terms and Conditions. The Client can accept the provisions of those Terms and Conditions by ticking a proper field during the Registration procedure.
7) It shall not be allowed for the Client to Register by utilizing personal data of other entities, including their e-mail addresses. The use of improper or incomplete data, as well as data belonging to other people shall constitute basis for terminating the Agreement concluded between the Client and the Seller.
8) After sending the filled in registration form, the Client shall receive an immediate Registration confirmation sent via e-mail to the address provided during Registration. It shall be equivalent to the conclusion of a digital service provision agreement and Account activation.
9) Client shall receive Seller’s consent to create more than one Account on the Website. Accounts with duplicated data shall be deleted. It shall be forbidden to use Accounts of other Clients and to allow third parties to access them.
10) Client being a consumer shall be allowed to terminate the agreement discussed in 4 section 1 point b) within 14 days without providing any explanation for such action. Rules governing agreement termination, including a template of the agreement termination form the Client may choose to utilize, shall constitute annexes to those Terms and Conditions. Such termination shall not be possible if the Client performed actions specified in point 11 of those Terms and Conditions before the elapse of the timeframe discussed above.
5. Sales agreement conclusion terms
1)Information published on the Website of the Shop shall not be treated as a commercial offer of the Seller as understood by the Civil Code. They shall be perceived as the invitation of the Clients to place sales Agreement conclusion offers.
2) Client can place orders via the Website of the Shop or e-mail 7 days a week, 24 hours a day. Additionally, the Client can place orders in the Shop via phone within the timeframe specified on the Website of the Shop.
3) Client placing order via the Website of the Shop shall complete the order by selecting the Goods he or she is interested in. To add Goods to the order, he or she shall select the "ADD TO CART" option corresponding to the desired goods. After completing the order and selecting shipment form and payment method in the „YOUR CART” section, the Client shall send the order to the Seller by clicking the „BUY AND PAY” on the Website of the Shop. Before sending the Order to the Seller, the Client shall be informed about the total amount to be paid for the selected Goods and Shipping, as well as about all the additional costs he or she will be required to incur as a result of concluding the sales Agreement..
4) Client placing order via phone shall use the number provided by the Seller on the Website of the Shop for that purpose. During the phone call, the Client shall specify the name of the desired Goods, their quantity, as well as Delivery address, as well as payment method and form. Also, the Client shall provide his or her e-mail address or any other correspondence address to which the confirmation of order conclusion and order placement shall be sent. During the phone call and e-mail communication, the Seller shall inform the Client about the total price of the selected Goods and total Delivery costs, as well as about any other costs that have to be incurred by the Client for the sales Agreement to be concluded.
5) Seller shall confirm the content of the proposed sales Agreement in a paper or digital form, with the indication that such confirmation shall take place before sales Agreement conclusion.
6) Client’s confirmation of concluding the sales Agreement made after receiving the confirmation from the Seller and discussed in point 5 above shall be printed or saved in a different form.
7) Client placing order via e-mail shall send it to the address specified by the Seller on the Website of the Shop. The Client shall provide the following: name of the desired Goods, their quantity, and contact data. After receiving the said message, the Seller shall send back an e-mail message, providing its registration data, prices of the selected items, as well as information on any additional costs that the Client has to incur after concluding the Agreement. Such a message shall also include a piece of information that concluding a sales Agreement via e-mail is equivalent to the obligation to undertake the payment for the ordered Goods. Basing on the pieces of information provided by the Seller, the Client may place an order by sending an e-mail message to the Seller and indicating the selected payment form and Delivery method.
8) Client shall have the possibility of placing a custom order, in the case of which Goods will be made in accordance with his or her specification and will serve his or her specific needs. In order to do that, while completing the order, the Client can select the desired model of a particular item and choose some of its features he or she would like to customize, such as: color, fabric type, dimensions, engraving, etc. After completing the initial order, the Client shall then send the Seller a quotation request by sending said party an e-mail to the address provided by the Seller. By sending such a message, the Client requests the creation of a toll-free project, being the initial quotation.
9) After receiving the initial order, the Seller shall send the Client a reply, informing him or her of whether it is possible to create such an order and if so, sending a project of the ordered Goods in a digital form and providing the available payment and Delivery forms. The Client can accept the project sent or reject it by sending a reply to the Seller and specifying the selected Delivery method and payment form. The Client shall place an order in such a way. Before sending the order to the Seller, he or she shall be provided with the total price of the ordered Goods and the total amount to be paid for Delivery.
10) Order placement shall be equivalent to accepting the offer of Goods purchase sent by the Seller by the Client.
11) After order placement, the Seller shall send the Client order confirmation to the address provided by the Client. Then, after confirming order placement, the Seller shall sent the Client information on order realization procedure initiation. Information on initiating the order realization procedure shall be equivalent to accepting the offer discussed in point 10 and concluding the sales Agreement between the parties involved.
12) After sales Agreement conclusion, the Seller shall confirm its conditions by sending the Agreement to the e-mail of the Client or providing said party with its written equivalent sent to the address specified by the Client during Registration or order placement.
6. Payment methods and dates
1) Prices provided on the Website of the Shop next to Goods are all gross prices and do not include any information on Delivery costs and other costs the Client will have to incur after concluding the sales Agreement. The Client shall be informed about them after choosing the preferred Delivery method and placing an order.
2) Client may take advantage of the following payment forms:
a) bank transfer to the bank account provided by the Seller (NOTE: order realization shall be initiated after sending the confirmation of order acceptance by the Seller to the Client and after booking the transferred amount on the bank account of the Seller);
b) cash on delivery (NOTE: order realization shall be initiated after sending the confirmation of order acceptance by the Seller to the Client)
c) PayPal (NOTE: order realization shall be initiated after sending the confirmation of order acceptance by the Seller to the Client and after booking the transferred amount on the bank account of the Seller).
d) PayU – quick payment method.
3) If the Client has chosen the advance payment form, he or she shall be required to undertake the payment for the order within 7 working days.
4) If the Client fails to fulfill his or her responsibility to make the payment within the period specified in point 3 of those Terms and Conditions, the Seller shall specify an additional payment term and inform the Client about the said fact on a durable medium. Information on the additional payment term shall also include the notification that after the elapse of the said period, the Seller shall cancel the sales Agreement. In the case of the elapse of the second term, the Seller shall send the Client a notification on Agreement termination in compliance with art. 491 of the Civil Code.
7. Cost, method, and timeframe of delivery, and collection of goods
1) Seller shall deliver the Goods within the borders of the Republic of Poland.
2) Delivery outside the Republic of Poland is possible after sending a request of the Client to the Seller. In its reply, the Seller shall inform about exact Delivery costs.
3) Seller shall do its best to deliver fault-free Goods to the Client.
4) Seller shall include information on Goods availability and on the number of days required to realize the placed order on its Website.
5) Goods shall be deliver via the Supplier to the address specified by the Client.
6) On the day of sending Goods to the address provided by the Client, the Seller shall inform said party about sending the ordered items.
7) Client shall inspect the collected parcel in a way and within the timeframe typical for parcels of a given type. In the case of identifying any faults, the Client may demand the Supplier to issue a proper protocol.
8) Seller, after prior agreeing it upon with the Client, shall supplement the parcel being the subject of the Delivery with a receipt or a VAT invoice for the delivered Goods.
9) If the Client cannot be reached at the address provided while placing the order for the Goods, the Supplier shall leave a delivery attempt note and shall try to contact the Client via phone in order to specify the next suitable date of order collection. If the delivered Goods are sent back to the Online Shop by the Supplier, the Seller shall contact the Client via e-mail or phone to renegotiate Delivery cost and date with the Client.
8. Extrajudicial methods of complaint and claim handling, access to procedures
1) Client being a Consumer shall have the right to resort to extrajudicial methods of complaint and claim handling.
2) Terms of taking advantage of procedures specified in point 1 shall be available in seats and on websites of proper entities allowed to settle claims and complaints in an extrajudicial manner. They are, among others:
a) consumer rights advisers
b) Local Commercial Inspection Offices (their list is available on the website of the Office of Competition and Consumer Protection).
3) On the http://ec.europa.eu/consumers/odr/ website, there is a platform of the online complaint handling system, where the Consumer is the party of such a procedure. Complaints are than handled by EU representatives.
9. Goods return/Service
1) Client can file a complaint relating to Services provided within the scope of the Website. Goods return request can be sent by the Client in the following ways:
a) in writing to: Raginisa 9/10A Street, 15 - 161 Bialystok
b) in an online manner, by sending an e-mail to: firstname.lastname@example.org
2) Such request shall include:
a) information on the subject of the request, including the type of fault and the moment it has been identified;
b) request to make the ordered Goods compliant with the concluded sales Agreement, request to decrease Goods price, or request to terminate the Agreement;
c) contact data of the Client making the complaint.
The provision of the aforementioned pieces of information shall make it easier and quicker for the Seller to consider the request. The provisions above shall be treated as recommendations only, and their lack shall not affect the outcome of consideration.
3) Seller shall consider the claim immediately, no later than within 14 calendar days from the moment of its reception. If the Client being a Consumer has requested the ordered Goods to be returned or the fault to be removed, as well as if he or she specified the amount by which the initial price shall be reduced and the Seller has not replied to the request within 14 days, it shall be considered that the request has been accepted.
Goods sold by the Seller may be additionally covered by a producer warranty. In the case of Such goods, information on the existence and scope of such warranty shall be published on the Website of the Shop.
1. Newsletter service shall be toll-free and available digitally to each and every client. The service in question shall be provided 7 days a week, 24 hours a day.
2. Client may order the Newsletter Service by filling in the Newsletter form. Order placement procedure shall be as follows:
a) specifying an e-mail address to which the Newsletter shall be sent,
b) granting the Website proper permits by ticking all the required boxes.
3. After sending the properly filled in registration form, the Client shall immediately receive a confirmation in a digital form that shall be sent to the e-mail address provided in the registration form. After confirming Service ordering by the Client, the Client shall be added to the database of the Website and the Newsletter Service shall start being provided to him or her, which shall involve sending consecutive editions of the Newsletter to the provided e-mail address. Newsletter Service confirmation shall be equivalent to concluding the Newsletter agreement with the Seller.
4. Seller shall use the e-mail address provided by the Client to provide the Newsletter Service to him or her only. The Newsletter Service shall be based on sending digital pieces of information on new Goods and Services offered by the Website to the provided e-mail address.
5. For the Newsletter Service to be provided properly, the Client shall have a properly configured e-mail account and utilize a computer with a Windows operating system installed and with an Internet access.
6. Seller shall send correspondence and notifications connected with the Newsletter to the address provided by the Client. Each and every Newsletter shall incorporate information about the sender, filled in topic, content, as well as data on the possibility of opting out of the Newsletter and changing the way the service is provided.
7. Client who has ordered the Newsletter Service provision may also agree to receive commercial information from the Seller and Website Partners by allowing his or her e-mail address to be used for the said purpose. Commercial information shall have a highly specific form and a clear indication shall be included that they are commercial in character.
8. Withdrawing the consent for Client’s data to be processed for Newsletter-related purposes shall allow the Seller to stop providing the discussed service for the Client.
9. Client shall have the right to opt out of the Newsletter Service at any time. The Client may do so by clicking a link included in the footer of every Newsletter or by taking advantage of the available contact form. After opting out in such a way, the Seller shall stop providing the Newsletter Service to the Client.
10. If the Client has lost the right to fully utilize the provided e-mail address that is utilized for sending Newsletters or if he or she has changed his or her e-mail address, the Client shall inform the Seller about said fact immediately. Such information shall be sent in a manner indicated in point 9 above. In the case of changing the used e-mail address and still being willing to take advantage of the Newsletter, the Client shall order the Service again by following the steps provided in point 2.
11. Seller shall have the right to temporary withhold the provision of the Newsletter Service, if the provision of said Service shall be impossible due to technical issues (repair, maintenance, modification).
12. Seller shall have the right to discontinue providing the Client with the Newsletter Service at any time. The Client shall be informed about that fact via e-mail to the address provided while ordering the Service.
13. Seller shall reserve the right to choose and change the mode, form, time, and way of providing the Newsletter Service. The Seller shall inform the Client about said fact in a way compliant with those Terms and Conditions.
14. Seller shall be obliged to delete Client’s e-mail address from the database shall the circumstances discussed in art. 19 of the Act of 18th July 2002 on Digital Service Rendering occur.
15. Client shall have the right to file a complaint regarding the provision of the Newsletter Service in compliance with the provisions of Chapter 9 of those Terms and Conditions.
1) Seller shall be responsible to the Client, if the sold item has a physical or legal flaw.
2) If the ordered Goods have some notable flaws, the Client can:
a) make a request to lower the price of the faulty items or request the Agreement to be terminated, unless the Seller fixes the faulty Goods or replaces them with fault-free ones immediately. This limitation shall not apply if the faulty Goods have been replaced or fixed by the Seller yet or the Seller has failed to replace the faulty items or fix the identified flaws.
b) in the case of a Consumer – instead of flaw removal proposed by the Seller, said entity can request the Goods to be replaced with fault-free ones or for the fault to be completely removed, unless making the ordered faulty Goods compliant with the concluded sales Agreement is impossible or would require incurring notably more costs that in the case of opting for the flaw removal method proposed by the Seller. While assessing the costs of replacement or removal, the value of fault-free item, type and severity of the identified flaw, as well as inconveniences for the Consumer while choosing a different form of fault removal shall all be taken into account.
c) request the faulty Goods to be replaced with brand-new ones or for the fault to be removed. The seller shall be required to replace such items with fault-free ones or remove the fault in a specified timeframe in order to limit inconveniences on Client’s part. The Seller may refuse to replace the Goods or fix flaws if doing so is impossible or would require excessive costs to be incurred. In the case of Entrepreneurs, the Seller may refuse to replace the Goods or fix flaws if the costs of Goods repairing or fixing turn out to be higher than the initial price of the Goods sold.
3) Client requesting Goods replacement or fault removal shall deliver said Goods to the address of the Seller. In the case of Clients being Consumers – Goods delivery costs shall be covered by the Seller. In the case of Clients not being Consumers – Goods delivery costs shall be covered by the Client. If, due to Goods type or size, it would be difficult to return it to the seller, the Client shall be required to make the Goods available to the Seller at the premises they are located.
4) Seller shall be held responsible, if a fault is identified within 2 years from the moment of sending the Goods to the Client. The right to request the faulty Goods to be replaced with fault-free ones or fixed shall expire after a year, but in the case of the Client being a Consumer, said period cannot expire between the expiration of the period specified in the first sentence. Within said period, the Client can terminate the Agreement or request the Seller to lower the price of the ordered Goods due to the identification of flaws. If the Client requests replacing the Goods with fault-free ones or fixing the fault, the right to terminate the Agreement or request lowering Goods price shall start with the expiration of the period reserve for Goods replacement or fixing.
5) Price of the Goods shall be lowered proportionally to the severity of the identified fault.
6) Client shall not be able to terminate the Agreement if the flaw is negligible in character.
13. Agreement termination
1) Client being a Consumer, who has concluded the sales Agreement can, within 14 days from its conclusion, terminate said Agreement without providing any reason for such a decision.
2) Timeframe specified above shall start at the moment of Consumer collecting the ordered Goods.
3) Consumer may terminate the Agreement by sending the Seller a notification about the willingness to terminate it. Said notification may be sent in a written form to the address of the Seller or via e-mail provided by the Seller. Notification can also be sent via the form, the template of which is available as the Annex to those Terms and Conditions. For the notification to be considered, it shall be sent within the timeframe specified above.
4) Seller shall immediately inform the Consumer about the reception of the notification via the form sent by means of the website.
5) In the case of Agreement termination, said Agreement shall be considered null and void.
6) Seller shall return the Client all the payments undertaken, including Delivery costs immediately, no later than within 14 days from the moment of receiving the notification.
7) Consumer shall be required to return the ordered Goods immediately, no later than within 14 days from the moment of Agreement termination. In order for the timeframe specified above to be kept, the Consumer shall send the Goods to the Seller within 14 days.
8) In the case of Agreement termination, the Client being a Consumer shall be required to cover direct Goods return costs only.
9) If, due to the specificity of the Goods, they cannot be sent back via mail, the Seller shall inform the Client about return costs on the Website of the Shop.
10) Consumer shall be held responsible for lowering the value of the Goods by using them for purposes other than checking their nature, features, and mode of operation.
11) Seller shall return the payment by using the same payment method as has been used by the Consumer. The Consumer may agree to changing the payment method to a different one, providing that it is not connected with additional costs.
12) Right to terminate the Agreement shall not apply to Clients being Consumers who have ordered custom Goods made in compliance with the specification provided by the Consumer or made in order to satisfy individual needs of the Consumer.
13) Seller shall inform that Goods that cannot be returned are especially those the resale of which would be impossible or highly problematic due to their performance in line with the specification of the Client, making them notably different from their typically available counterparts. Additionally, even the inclusion of Goods in the standard offer shall not exclude the possibility of considering them non-returnable Goods. Furthermore, the Seller informs that handmade Goods may differ from descriptions thereof in details and sizes to a negligible extent.
1) Certain provisions of those Terms and Conditions shall refer to Clients being Entrepreneurs. This section of those Terms and Conditions, as well as provisions thereof shall apply to Clients not being Consumers only.
2) In the case of Clients not being Consumers, the Seller shall have the right to limit the available payment methods, as well as request advance payment of a part or the entirety of Goods price, regardless of the payment method chosen by the Client while filling in the Ordering Form.
3) Client not being a Consumer shall be required to fulfill his or her obligations resulting from the concluded sales Agreement (i.e. undertake the payment for the purchased Goods and collect them) immediately, no later than within 7 days from the moment of Agreement conclusion, unless the Agreement states otherwise.
4) Goods covered by the sales Agreement concluded by the Client not being a Consumer shall remain the property of the Seller up to the moment of undertaking the payment of amount equal to their value plus Delivery costs by said party.
5) After handing the ordered Goods to the Supplier by the Seller, the Client not being a Consumer shall assume all benefits and responsibilities connected with the possibility of involuntary loss or damage of the Goods. In such a case, the Seller shall not be held responsible for the loss, damage, or destruction of the Goods occurring after handing the Goods to the Supplier, as well as shall not assume any responsibility for delays in Goods delivery.
6) If the Goods are sent to the Client via the Supplier, the Client not being a Consumer shall be required to check the condition of the parcel within the timeframe and in a method typical for parcels of such type. If said party notices that the Goods have been damaged or destroyed during delivery, he or she shall undertake all the required actions in order to specify the extent to which the Supplier is responsible for such a state of affairs.
7)Seller shall be held responsible for the failure to fulfill or the improper fulfillment of its responsibilities under the Agreement, but in the case of sales Agreements concluded with Entrepreneurs, the Seller shall be held responsible only if said party has consciously caused some damages to the Goods ordered by the Entrepreneur to occur.
1) Seller shall offer vouchers, by means of which clients can make purchases on the Website of the Shop. Vouchers shall be issued by the Seller.
2) After finishing the purchasing procedure, the
Client shall receive a voucher having the form of a card stored in an envelope
with its denomination confirmed with an accounting note and Seller’s signature.
3) Vouchers issued shall be characterized by the following specific features:
a) validity of such vouchers shall be equal to 24 months from the moment of the purchase,
b) vouchers that are not used within the said timeframe shall expire,
c) vouchers cannot be exchanged for money and cannot be returned to the issuer,
d) vouchers can be used to purchase Goods in the Online Shop of the Seller only,
e) vouchers shall include individual and unique codes that make it possible to purchase offered Goods for lowered prices after typing in said codes in the „YOUR CART” section of the Website.
4) If the value of the order is higher than the value
of the voucher, the Client shall be required to undertake the payment of the
remaining amount by using a preferred payment form.
5) Voucher’s owner may utilized it more than once, until reaching its declared total value.
6) In the case of returning Goods purchased by means of using the issued vouchers, the voucher owner shall receive a compensation in the form of a new voucher, the value of which shall be equal to the value of the returned Goods.
7) Voucher receiver shall inform the future voucher owner about the provisions of those Terms and Conditions relating to vouchers and order placement methods.
8) Voucher issuer shall not be held responsible to the voucher owner for voucher loss or its improper use by an unauthorized person.
16. Personal data protection
17. Digital service rendering agreement termination
1) Client and Seller may terminate the digital service rendering agreement at any time and without providing any justification for such a state of affairs. Parties shall maintain the rights granted to them before agreement termination.
2) Client who has Registered his or her account shall terminate the digital service rendering agreement by sending the Seller a proper notification by resorting to any means of remote communication. The form of the notification shall made it possible for the Seller to familiarize with its content.Providing services within the scope of the Account registered on the Website is indefinite in character, but the Registered Client shall have the right to terminate the Agreement (delete the Account) at any time.
3) Notification on the termination of the Agreement shall be sent in writing to LUXURY PRODUCTS CYLWIK GENERAL PARTNERSHIP (seat address and contact data: Marczukowska 6 Street, 15 – 724 Białystok) or via e-mail at: email@example.com
4) Seller shall terminate the digital service rendering agreement by sending the Client a proper notification to the e-mail address of the Client provided during the Registration procedure. Subject to other provisions of those Terms and Conditions, the Agreement can be terminated with an immediate effect if: 1) the Client has breached the provisions of those Terms and Conditions or separate accepted Service-specific regulations, or 2) it has been established that data or claims provided by the Client are improper, incomplete, inaccurate, or belong to other entities, or 3) actions or acts of negligence of the Client have had a negative impact on the image of or caused damage to LUXURY PRODUCTS CYLWIK GENERAL PARTNERSHIP. In other situations, LUXURY PRODUCTS shall have the right to terminate the Agreement after 14-day notice period.
18. Technical aspects
1) Seller shall do its best to ensure the proper and constant functioning of the Website of the Shop and undisrupted service provision. Technical requirements allowing for the proper utilization of the IT system utilized by the Seller are as follows:
a) computer, tablet, phone, or other multimedia devices with Internet access,
b) Internet browser installed on the device with Internet access,
c) Cookie file management options enabled in the utilized Internet browser
d) e-mail address and ability to utilize it.
2) Orders for Goods available on the Website of the Shop can be also placed via phone. Then, an active phone number and active e-mail account are required.
4) Shall any malfunctions or technical errors caused by hardware or software problems occur, the Seller shall perform actions allowing to limit the effects of said issues experienced by the Clients of the Website to the greatest extent possible. Information on technical breaks, malfunctions, and errors identified shall be published on the main page of the Website.
5) Necessary technical breaks shall be, if possible, done at night in order to minimize their effect on Clients’ possibility of browsing the Website.
6) Technical malfunction shall be understood as a scenario, where the majority of Clients loses the possibility of utilizing basic functions of the Website. A technical error shall be understood as a technical problem connected with the improper functioning of the Website that is different in nature from malfunctions discussed above.
7) In the case of a technical malfunction or error occurring causing the Client to be unable to finalize a transaction, the Seller shall contact such Client individually.
19. Final remarks
1) Content of those Terms and Conditions can be saved by means of printing, storing it on a data carrier, or downloading it at any time from the Website of the Shop.
2) Provisions of separate terms and conditions specifying the principles and scope of providing individual Services shall be deemed more important than those included in those Terms and Conditions, providing that the parties have not agreed otherwise. In the case of differences between the provisions of those Terms and Conditions and other provisions alike specified in point 2, provisions of said other terms and conditions shall be prevalent, providing that the parties have not agreed otherwise.
3) To all issues not regulated by those Terms and Conditions, the provisions of applicable law regulations shall apply, including the Civil code, acts on digital service rendering, and acts on consumer rights.
4) Jurisdiction that shall apply while solving disputes arising from those Terms and Conditions shall be the Polish jurisdiction.
5) In the case of any dispute between the parties relating to concluded sales Agreements, parties shall attempt to solve such disputes in an amicable manner.
6) All disputes between the Parties shall be settled by a proper common court. Clients being consumers shall have the right to take advantage of extrajudicial modes of complaint and claim settling by the Permanent Arbitration Tribunal of the Provincial Commercial Inspectorate in Bialystok. Information on the access to the aforementioned mode and procedures can be found at: www.uokik.gov.pl in the “Consumer dispute settlement” section and at
http://www.bialystok.wiih.gov.pl/konsumenci/pozasadowe-rozwiazywanie-sporow-konsumenckich/. Users being consumers shall also have the right to utilize the EU-specific ODR online platform that is available at: http://ec.europa.eu/consumers/odr/.
7) Seller shall reserve the right to change the provisions of those Terms and Conditions. LUXURY PRODUCTS CYLWIK GENERAL PARTNERSHIP shall reserve the right to specify detailed principles and the scope of providing individual Services in other terms and conditions.
8) Changes to those Terms and Conditions shall enter into force 7 days after their publication on the Website of the Shop. In the case of the Client, who has concluded a prolonged Agreement basing on the provisions of those Terms and Conditions (relating to, for example, Account management), the amended Terms and Conditions shall enter into force after prior informing the Client about the changes introduced (and providing the Client with the content of the amended Terms and Conditions) and accepting said changes by the Client. Notification shall be sent to the Client 7 days before the adoption of the changes. If the Client refuses to accept the modified Terms and Conditions, he or she shall inform the Seller about the said fact, which shall result in agreement termination.
9) Orders accepted for realization by the Seller before the amended Terms and Conditions entering into effect shall be realized basing on the provisions of the Agreement applicable on the day of order placement by the Client.
10) Agreements concluded on the basis of those Terms and Conditions shall be concluded in Polish.
11) Those Terms and Conditions shall incorporate the following Annexes being an integral part thereof:
a) Annex no. 1 to the Terms and Conditions– INFORMATION ON THE RIGHT TO TERMINATE THE AGREEMENT – INSTRUCTIONS ON TERMINATING THE AGREEMENT AND AGREEMENT TERMINATION FORM;
b) Annex no. 2 to the Terms and Conditions –Opinions;
d) Annex no. 4 to the Terms and Conditions – Cookies.
12) Those Terms and Conditions shall enter into force on 19.03.2019