Regulations
§ 1
General provisions and information about the seller
1. These Regulations set out the general conditions for the sale of the Online Store Goods and constitute an integral part of Orders as well as contracts concluded with Users.
2. These Regulations specify, among others the rules for registering and using the Customer's account, the conditions and rules for placing Orders and their implementation, as well as the rules for exercising warranty rights.
3. The natural person placing the Order must be at least 18 years old and have full legal capacity. The same applies to representatives and proxies of legal persons. The person placing the order on behalf of the customer who is a legal person or other organizational unit declares that he is authorized to represent that customer. If the power of attorney to act on behalf of the Customer is not confirmed by him, or if the person placing the Order as the body of a legal person is not his body, or goes beyond the scope of the authority of such body, he will be obliged to return what he received from the Online Store, as well as to repair the damage suffered by the Online Store by accepting the Order without being aware of the lack of authorization. Before placing an Order, the Customer is obliged to read and accept these Regulations. Acceptance of the Regulations is a prerequisite for using the services of the Online Store and occurs when completing the Order form (on the course of the transaction in § 5 of the Regulations).
4. In this Agreement, the following terms shall have the following meanings:
1. Customer / User - a person intending to purchase a Good and concluding an Agreement in the Online Store and registered at www.lovegifts.pl,
2. Consumer - a customer who is a natural person purchasing the Goods for his own use, for purposes unrelated to his business or professional activity,
3. Entrepreneur - a natural person, a legal person and an organizational unit without legal personality, conducting business or professional activity on its own behalf,
4. Regulations - these Regulations for the provision of electronic services as part of the business conducted by Jowita Wójcik under the company: Jowita Wójcik Love Gifts with headquarters in Niepołomice www.lovegifts.pl,
5. Online store - business activity conducted by Jowita Wójcik under the company: Love Gifts Jowita Wójcik with headquarters in Niepołomice at ul. Partyzantów 16, NIP 6831903736, REGON 356864101, e-mail address: info@lovegifts.pl www.lovegifts.pl
6. Goods - products offered by the Online Store via the portal at www.lovegifts.pl
7. Agreement - a sales agreement concluded between the Online Store and a natural or legal person purchasing the Goods offered by the Online Store,
8. Order - the Customer's declaration of intent aimed directly at the conclusion of the Agreement, specifying in particular the type and quantity of the Good.
§ 3
Offered goods and price
1. The information posted on the website www.lovegifts.pl maintained by the Online Store, as well as made available in printed publications of the Online Store, advertising leaflets and other publications regarding the Goods offered by the Online Store are for information purposes only; the indicated sources do not constitute an offer within the meaning of the Civil Code, even if they have a price, and are only an invitation to conclude a Contract.
2. In the event of purchasing a specific Good, the Customer will receive information about the offered Good, including its name and description, as appropriate to the type of Good, as well as other data if required by law.
3. All prices provided in the Online Store are expressed in Polish zlotys (PLN) and are prices including the appropriate VAT rate. The prices do not include shipping costs.
4. The online store is only responsible for the prices and descriptions of the Goods posted on its website www.lovegifts.pl. Prices and descriptions posted on websites administered by other entities independent of the Online Store, such as price comparison websites, require verification each time with the original, current content of the Online Store website.
5. The Online Store reserves the right to ownership of the sold Good until payment of the entire price.
6. Prior to the transfer of ownership, further sale, rental, lien, transfer of ownership to secure claims, conversion and other regulations and making changes to the Goods without express, including in particular the written permission of the Online Store, are not allowed.
7. The subject of the transaction are Goods listed and made available on the website www.lovegifts.pl, described at the time of placing the Order by the Customer and specified by the Online Store as "available". The online store makes every effort to ensure that the offer presented on the website is always up to date. In the case of Goods not available at the moment, the Online Store is obliged to immediately inform the Customer who has concluded the Agreement with the Online Store about the situation by phone or e-mail. The exercise of this right does not constitute an obligation of the Online Store to pay compensation, compensation or compensation of damage on the part of the Customer.
8. The Online Store has the right to withdraw from the Order due to the lack of availability of the Goods or for other reasons beyond the Online Store. In such a situation, the service will immediately notify the Customer about this, within five business days from the conclusion of the Agreement. In the event of a prepayment by the Customer, the Online Store undertakes to immediately return the amount paid. The exercise of this right does not constitute an obligation of the Online Store to pay compensation, compensation or compensation of damage on the part of the Customer.
§ 4
Restricting access to the online store
1. The Online Store reserves the right to limit access or deprive the Customer of the right to access the Online Store, including placing Orders and concluding Agreements in the Online Store if:
1. when placing an Order, he has provided outdated, false or untruthful data enabling the Order to be carried out by the Online Store,
2. violated the rights of third parties when placing an Order, or committed any behavior towards the Online Store, its employees or third parties that are generally considered unacceptable, unlawful or contrary to good morals and commercial practices,
3. its operation as part of the Online Store will be recognized by the Online Store for violating the law, rights of third parties, rules of social coexistence or the provisions of these Regulations.
2. The decision on limiting access or depriving the Customer of access to the Online Store is taken by the Online Store at its own discretion.
§ 5
Transaction process
1. In order to purchase a specific Good in the Online Store, the User registers on the platform www.lovegifts.pl, then sends the purchase form via this platform. Sending the purchase form in accordance with the contents of this paragraph is tantamount to acceptance of the terms of sale, including these Regulations, and also constitutes the conclusion of the Contract for the ordered Goods.
2. In case of providing false, incomplete or incorrect data or for other reasons preventing the implementation of the Agreement by the Online Store - the Online Store will try to contact the Customer in order to complete or correct the data or clarify the reasons preventing the implementation of the Agreement. If contact is not possible, the Online Store is entitled to withdraw from the Sales Agreement with the Customer.
3. As soon as the Online Store confirms the acceptance of the Order for execution (which will take place in the form of electronic information sent to the Customer), the Sales Agreement between the Online Store and the Customer is concluded.
4. After sending the Purchase Order, the User shall pay for the Good in one of the ways chosen by him. Immediately after the price has been paid or the payment has been credited via the Online Store (if the Przelewy24 or bank transfer system is chosen), the Good selected by the User is sent to the User. If the Customer chooses the method of payment by delivery of the Goods at a price, the Online Store will ship immediately after the Customer accepts the Order.
5. The parcel is delivered within 7 business days. This is an approximate delivery time and applies to Orders with the "COD" option. When choosing the payment option "transfer" or payment by card / online transfer to the time specified on the website www.lovegifts.pl should be added the time of booking funds on the Online Store's bank account (usually 1-2 business days).
6. Along with the Goods, according to the Customer's choice, a VAT invoice or sales receipt 260-9 is issued. In the absence of any of these documents, the Customer within 2 days of delivery of the Goods is entitled to report this fact to the Online Store and request to supplement the missing document. After receiving the parcel, the Customer should carefully check the package and the Goods received and inform the Online Store about any defects immediately, i.e. within 2 days.
7. During the implementation of the Agreement by the Online Store, the Customer is entitled to obtain information related to individual stages of its implementation. At the same time, the Online Store ensures that it will inform the Customer about all significant stages of the transaction that occurred on its side, i.e. the acceptance of the Order for processing and sending the Good.
§ 6
Payment method
The following payment methods are available
• by bank transfer (prepayment)
• via Przelewy24 (e-transfer, credit / debit card, etc.)
The payment card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068.
• on delivery, upon delivery of the parcel with the good
§ 7
Supply
1. The cost of delivery and the date of delivery of the goods relate to sales in Poland and in specified European countries.
2. Goods ordered in the Online Store with delivery in Poland is delivered via the INpost courier company. International shipments are carried out by GLS. The shipment is delivered according to the deadline specified on the Online Store website in the Shipping and Payments section.
3. In the event of signs of damage to the packaging, check that the Goods have not been damaged in transport. If the packaging of the parcel has signs of damage, the Customer should refuse to accept the parcel and, in the presence of the courier, open it and draw up a damage report and contact the Online Store as soon as possible to clarify the matter. It is very important to correctly describe the condition of the packaging in this report and include any information that will help to exclude the participation of the Customer in causing damage. Correct preparation of the above report will significantly speed up determining when the damage occurred.
4. In the transport damage report, the date of receipt of the shipment, notification of the damage and writing the report should be the same. In the comments, the Customer should accurately describe the status of the package in accordance with the facts, including the method of packaging the package, including packing the Good. A properly prepared damage report will significantly improve the determination of the moment of the damage and make a complaint to the courier company, and thus, if the complaint is accepted, it will speed up the shipment of a new Good to the Customer or its proper repair.
5. If the Online Store's inability to perform the service was due to force majeure or for reasons beyond the Online Store's control, the Customer shall not be entitled to any damages arising from non-performance or untimely and improper performance of the Agreement. The online store is obliged to immediately inform the customer about events that caused the inability to perform the Agreement.
6. As soon as the Goods are released by the Online Store to the Customer or a person authorized by him, the Customer receives benefits and burdens associated with the Goods, including the risk of accidental loss or damage.
§ 8
Return
1. A consumer who has concluded a Contract outside the business premises or at a distance, may withdraw from it in accordance with applicable regulations by submitting a relevant statement in writing, within 14 calendar days from the date of delivery of the purchased Good.
2. The Customer's statement should be sent by letter or email to the Online Store's address, to the email address: info@lovegifts.pl or attached to the package with the returned Goods. In the case of sending by e-mail or parcel along with the Good, the date of the postmark will decide on the 14-day deadline.
3. Returned Goods may not bear signs of use. Returned Goods must be complete and, if possible, packed in the original packaging.
4. The return of Goods to the Online Store should take place immediately, but not later than within 14 days from the moment of withdrawal from the Agreement (ie from the date of sending the statement of withdrawal).
5. After the Online Store receives a statement of withdrawal from the Agreement, the Customer shall immediately, not later than within 14 days, but after receiving the returned goods, the amount constituting the value of the returned Goods and the costs of delivery of the Goods to the Customer will be refunded, the obligation to refund the price about which the preceding sentence binds the Online Store when the price for the Goods was paid by the Customer before receiving the statement of withdrawal from the Agreement. The costs of returning the Goods to the Online Store shall be borne by the Customer.
§ 9
Complaint procedure
1. The online store is liable to the consumer on the terms set out in art. 556 of the Civil Code and subsequent ones for defects (warranty).
2. If the Consumer finds a defect in the purchased Good, the Consumer, in accordance with the provisions of the Civil Code and the Act on consumer rights of 30 May 2014, has the right to request that the Good be brought into the condition compliant with the Agreement by free repair or replacement with a new one.
3. In the event of a defect in the sold Good, the Consumer shall be entitled to make a statement requesting a price reduction or to submit a statement of withdrawal from the contract. Unless the Online Store replaces the faulty item with a defect-free one immediately or without undue inconvenience or removes the defect. However, if the item has already been replaced or repaired by the Online Store or Online Store did not satisfy the obligation to exchange the item for a non-defective one or remove the defect, he is not entitled to exchange the Goods or remove the defect.
4. The consumer may not withdraw from the contract if the defect is irrelevant.
5. The online store may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of achieving compliance with the Agreement.
6. The Online Store shall not be liable for a defect of the Good with the Agreement, if the Consumer knew about it at the date of conclusion of the Agreement or if the non-compliance of the Good was the result of submitting a wrong Order by the Consumer, and also if the Good does not contain significant deviations and is consistent with the submitted previously by the Customer with the Order.
7. The Consumer's claim under the warranty, including for the removal of a defect or replacement of the item sold for a defect-free one expires after one year from the date of delivery of this Good to the Consumer.
8. In relation to Entrepreneurs, the warranty for physical defects of the Good is excluded.
9. The online store is liable for non-compliance of the Goods with the Agreement (physical defect), in particular when the item sold: does not have properties that this type of item should have due to the purpose in the Agreement marked or resulting from circumstances or destination; does not have properties that the Online Store has assured the Consumer. If a physical defect was found within one year from the date of delivery of the Good, it is presumed that the defect or its cause existed at the time the danger passed to the Consumer.
10. In the event of a defect in the Good purchased in the Online Store, the Consumer is obliged to notify the Online Store to the e-mail address: info@lovegifts.pl. In the notification, the Consumer should provide:
1.name, surname, address, e-mail address of the Buyer,
2. date of conclusion of the Agreement being the basis for the complaint,
3. subject of the complaint, indicating the Buyer's request,
4. all circumstances justifying the complaint
11. If the data or information provided in the complaint require supplementing, before considering the complaint, the Seller shall ask the person submitting the complaint to supplement it in the indicated scope.
12. The consumer in response will receive information about sending defective Goods to the Online Store. Differences resulting from the individual settings of the Consumer computer (proportions, color, etc.) cannot be the basis for a complaint.
13. The shipping costs of the claimed Goods shall be borne by the Consumer. The costs associated with returning the Goods complained about, the Online Store returns immediately after receiving the parcel and the complaint is justified.
14. The online store will respond to the consumer's request within 14 days of filing the complaint in the correct form. Failure to comply with the consumer's request within the above deadline means that his request is justified. If the complaint is accepted, the damaged Good will be exchanged for another, full-fledged one, and if it is no longer possible (for example due to the exhaustion of circulation), the Online Store will return to the Consumer the equivalent of the price of the Good or offer other goods available in the Online Store to choose from .
15. When the implementation of the Consumer's requests involves the delivery of new or repaired Goods, all delivery costs shall be borne by the Online Store.
16. Individual settings of the Consumer computer and monitor causing erroneous or distorted display of information about the Goods (including colors) does not constitute grounds for a complaint.
17. The shrinkage of fabrics in the laundry and damage resulting from the "hooking up" of fabrics while worn is not a defect of the Good and is not the basis for a complaint.
18. Self bleaching of products and drying of products in a tumble dryer is not a defect of the Good and is not a basis for complaint
19. Due to the fact that the workmanship is handmade and the materials are bought each time in small batches, the products may differ slightly in colors and details compared to those shown in the pictures.
§ 10
Final Provisions
1. In matters not covered by these Regulations, the provisions of the Civil Code, the Act on consumer rights of 30 May 2014 shall apply.
2. The online store reserves the right to amend these Regulations for important reasons, including in the event of changes in legal regulations (in particular tax law), changes in the terms of cooperation with suppliers or producers of Goods as well as in the event of technological changes. Each amendment to the Regulations will be published at least 30 days in advance and will be binding only on Orders placed after the entry into force of the amended version of the Regulations.
3. The Online Store reserves the right to temporarily suspend the operation of the Online Store, in particular for the purposes of maintenance, repair and introduction of new functionalities of the www.lovegifts.pl portal.
4. The Online Store shall not be liable for non-delivery of e-mail from the Online Store to the Customer, caused by blocking the delivery of e-mail by third parties (including mail server operators) and software used by the Customer.