Terms and Conditions of Labambino Handmade online store
Full registration details as store administrator and seller: P.H.U. LTrade Łukasz Tokarczyk
Below you will find the regulations, which include information such as. about how to place an order leading to the conclusion of a contract, details on the implementation of the concluded contract, forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or the complaint procedure.
If you have any comments, questions, concerns, we are at your service at email@example.com
Greetings and best wishes for a successful shopping experience
Labambino Handmade online store team
[WW1] § 1
For the purposes of these regulations, the following meanings of the following terms are adopted:
- Buyer – a natural person, a legal entity or a deified legal entity,
- Consumer – a natural person who enters into a sales contract with the Seller that is not directly related to his business or professional activity,
- Regulations – these rules and regulations, available at https://labambino.pl/regulamin/,
- Store – online store operating at https://labambino.pl/sklep/,
- Seller – P.H.U. LTrade Łukasz Tokarczyk
- Through the Store, the Seller conducts retail sales, while providing electronic services to Buyers. Through the Store, the Buyer can purchase products highlighted on the pages of the Store.
- Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and Buyers.
- In order to use the Store, including, in particular, to make a purchase in the Store, it is not necessary for the computer or other device of the Buyer to meet special technical conditions. Sufficient are:
- Internet access,
- The buyer cannot purchase from the Store anonymously or under a pseudonym.
- It is forbidden during the use of the Store to provide content of an unlawful nature, in particular by sending such content via forms available in the Store.
- All prices of products listed on the pages of the Store are gross prices.
Services provided electronically
- Through the Store, the Seller provides electronic services to the Buyer.
- The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Store.
- If the Buyer chooses to create an account in the Store, the Seller also provides the Buyer with an electronic service of creating and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by the Buyer in the Store. The Buyer logs into the Account using his e-mail address and a password defined by him.
- Creating an account in the Store is done by checking the appropriate checkbox in the ordering process or by completing a stand-alone account registration form available in the Store. The buyer can delete the account at any time from the account management panel or by sending the appropriate request to the Seller. Deletion of the account will not remove information about orders placed using the account, which information will be kept by the Seller until the expiration of the statute of limitations for claims under the contract concluded through the Store / throughout the operation of the Store, unless the Buyer objects earlier to the storage of this information and the Seller does not have an overriding interest in storing it.
- If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer e-mails containing information about news, promotions, products of the Seller. Subscribing to the newsletter is done by completing and submitting the newsletter subscription form or by checking the appropriate checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.
- Services are provided electronically to the Buyer free of charge. However, sales contracts concluded through the Store are chargeable.
- In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of security risk of the services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes measures to ensure the full proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
- Any complaints related to the functioning of the Store, the Buyer can report via e-mail to the e-mail address firstname.lastname@example.org. In the complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Store. The Seller will consider all complaints within 30 days of receipt of the complaint and will inform the Customer of its resolution to the e-mail address of the complainant.
Placing an order
- The buyer can place an order either as a registered customer or as a guest.
- A registered customer is a Buyer who has an account with the Store. The buyer can create an account by checking the appropriate checkbox in the ordering process or by completing a stand-alone account registration form available in the Store.
- If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible during the ordering process by clicking on the link available within the displayed message.
- Placing an order is done by filling out the order form after adding the products of interest to the Buyer to the shopping cart. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing an order, there is also a choice of delivery method for the ordered products and a choice of payment method for the order. The condition for placing an order is acceptance of the Terms and Conditions, with which the Buyer should first familiarize himself. If there is any doubt about the Terms and Conditions, the Buyer may contact the Seller.
- The ordering process is completed by clicking on the button that finalizes the order. Clicking on the button finalizing the order constitutes a declaration of intent by the Buyer leading to the conclusion of a sales contract with the Seller,
- If the Buyer has chosen online payment when placing the order, after clicking on the order finalization button, he will be redirected to a payment gateway operated by a third-party payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button to finalize the order, he will be redirected to the Store’s page with the order confirmation and instructions for making payment. Payment for the order should be made within 3 working days after the conclusion of the contract.
- In the order form, the Buyer must provide true personal information. The buyer is responsible for providing false personal information. The Seller reserves the right to suspend the execution of an order in a situation where the Buyer has provided false data or where the data raises reasonable doubts about the accuracy of the Seller. In such a case, the Buyer will be informed by phone or email of the Seller’s concerns. In such a situation, the buyer has the right to explain any circumstances related to the verification of the veracity of the data provided. In the absence of data allowing the Seller to undertake contact with the Buyer, the Seller will provide any clarification after the Buyer has undertaken contact.
- The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with Paragraph. 7 above.
Delivery and payment
- The available choices for order delivery are described on the Store’s website and are presented to the Buyer at the stage of order placement. The cost of delivery of the order shall be borne by the Buyer, unless otherwise indicated by the Seller on the Store’s website. The seller has the right to decide to divide the order into several separate shipments at no additional cost to the buyer.
- Available methods of payment for an order are described on the Store’s website and presented to the Buyer at the stage of order placement.
- Electronic payments, including payment card payments, are handled by PayPro S.A.
- Payment by bank transfer:
Account number for payment in PLN: EN 66 1050 1445 1000 0097 3658 1340
Account number for payment in EUR (IBAN): EN 59 1050 1722 1000 0097 3650 8517 / BIC SWIFT: INGBPLPW
- If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, to the e-mail address provided in the order form, or attached to the order.
- Order fulfillment consists of completing the ordered products, packing them for delivery to the Buyer, and sending the shipment to the Buyer in accordance with the form of order delivery selected by the Buyer.
- The order is considered completed when the shipment is shipped to the Buyer (entrusting the shipment to a carrier engaged in transportation).
- Delivery time is always indicated next to each product. Ordered products should be released to the Consumer within 30 days, unless a longer period is specifically indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description.
- If the Buyer has ordered products with different lead times indicated, the Seller’s binding lead time for the entire order is the longest among all the products included in the order, although the Seller may offer to divide the order into several independent shipments to accelerate the lead time for some products.
Consumer’s withdrawal from the contract
- A consumer who has entered into a remote contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
- Starting from 01.01.2021, the right to withdraw from the contract under the rules described in this paragraph and arising from the Law on Consumer Rights also applies to an individual who enters into a contract with the Seller 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, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Accordingly, when the powers of the Consumer are referred to within the framework of this paragraph, as of 01.01.2021, these powers also apply to a person who meets the above criteria.
- The right of withdrawal does not apply to the contract:
- Use of purchased products by the consumer,
- To withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by mail, fax or e-mail.
- The consumer can use the model withdrawal form, available athttps://…………… [WW2] however, it is not mandatory.
- In order to comply with the deadline for withdrawal, it is sufficient for the Consumer to send information on the exercise of the Consumer’s right of withdrawal before the expiry of the deadline for withdrawal.
- The consumer is obliged to return the product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline, it is sufficient to send the product back before the deadline.
- The consumer bears the direct costs of returning the item.
- In the event of withdrawal from the contract, the Seller shall return to the Consumer the payments received from the Consumer for the purchased products immediately, and in any case no later than 14 days from the date on which the Seller was informed of the exercise of the right of withdrawal. The payment will be refunded using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any fees in connection with the form of payment return.
- If the Seller has not offered to collect the item from the Consumer himself, the Seller may withhold the refund of the payment received from the Consumer until he receives the item back or the Consumer provides proof of its return, whichever event occurs first.
- The consumer shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product.
Liability for defects
- The Seller is obliged to provide the Buyer with a product free of defects.
- The seller is liable to the buyer if the sold product has a physical or legal defect (warranty for defects).
- If the sold product has a defect, the Buyer may:
- Demand replacement of the product with a defect-free one,
- If the Buyer finds a defect in the product, he should inform the Seller about it, specifying at the same time his claim related to the found defect or making a statement to that effect.
- Buyer can use the complaint form, available at https://…………… [WW3] , however, it is not mandatory.
- The Buyer may contact the Seller both by regular mail and by e-mail.
- The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him by such means of communication, using which the complaint was submitted.
- Details of the Seller’s warranty for defects are governed by the Civil Code (Articles 556 – 576).
- Starting from 01.01.2021, the provisions on the Seller’s warranty for defects of the sold thing concerning Consumers, are also applicable to an individual who enters into a contract with the Seller directly related to his business activity, when from the content of this contract it is clear 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 Business Activity.
Personal data and cookies
- The administrator of the Buyer’s personal data is the Seller.
- The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
- conclusion and performance of the contract – art. 6 paragraph. 1(b) RODO,
- Recipients of the Buyer’s personal data are: courier companies, tax offices, accounting office, law firm, web host, invoicing system provider, CRM system provider, mailing system provider.
- The Buyer’s personal data is stored in the Seller’s database for the duration of the business in order to ensure that it can identify the returning customer, which, however, the Buyer may object to by requesting the removal of his data from the Seller’s database. If such an objection is made before the expiration of the statute of limitations for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the expiration of the statute of limitations for claims. Accounting records containing the Buyer’s personal data are kept for the period required by law. Data
- Buyer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, their rectification, deletion, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint to the President of the Office for Personal Data Protection.
- Provision of personal data by the Buyer is voluntary, but necessary to contact the Seller, create a user account, conclude a contract or subscribe to a newsletter.
- The store uses cookie technology.
Intellectual property rights
- The Seller hereby instructs the Buyer that the content available on the pages of the Store and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of February 4, 1994. On copyright and related rights, the copyright of which is held by the Seller.
- The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the Seller’s permission, except for use of the content under permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.
Out-of-court ways of dealing with complaints and redress of grievances
- The seller agrees to submit any disputes arising in connection with the sale of goods to mediation. Details will be determined by the parties to the conflict.
- The consumer has the opportunity to use out-of-court means of handling complaints and claims. Among other things, the Consumer has the opportunity to:
- to apply to a permanent amicable consumer court with a request to resolve a dispute arising from the sales contract,
- For more detailed information on out-of-court complaint and redress of grievances, the consumer can look at http://polubowne.uokik.gov.pl.
- Consumers can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.
- The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the Buyer’s acquired rights, including, in particular, the terms of contracts concluded before the change.
- The Seller reserves the right to amend the Terms and Conditions without prejudice to the rights acquired by the Buyer under contracts concluded before the amendment of the Terms and Conditions. Buyers who have a registered user account will be informed of any change to the Terms and Conditions by sending a message to the email address assigned to the user account. If the Buyer does not accept the new Terms and Conditions, he may delete his user account free of charge.
- Any disputes related to contracts concluded through the Store will be considered by the Polish common court of jurisdiction over the place of permanent establishment of the Seller. This provision does not apply to Consumers, for whom the jurisdiction of the court is considered under the general rules. Beginning 01.01.2021. This provision also does not apply to an individual who enters into a contract with the Seller 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 that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court is considered under the general rules.
- These Regulations are effective as of 01.02.2021.