TERMS AND CONDITIONS
Table of Contents
§1. General Provisions
§2. Placing an Order
§3. Creating an Account
§5. Cancellation of Orders
§6. Complaints and liability
§7. Withdrawing from the Contract
§8. Remaining rights and obligations of the Parties
§9. Settling disputes
§11. Modification of the Terms and Conditions
§12. Final Provisions
Capitalised terms used in these Terms and Conditions should be understood in accordance with the following definitions:
Company - LAWA Magdalena Chojecka with its registered office in Warsaw (00-819) at 67/21 Złota Street, using NIP 8361747517, REGON: 387031710.
Cookies - small pieces of text information sent by the website and saved on the customer's side (usually on the computer's hard drive) in the case of concluding contracts via the Online Store run by the Company at www.lawasilk.com.
Consumer - a natural person entering into a contract and ordering a product for purposes not directly related to running a business or professional activity pursuant to Article 221 of the Polish civil code.
Customer - a natural person with full legal capacity or an Entrepreneur.
Customer Account - a customer profile created via the Store's website, at the initiative of the Customer, access to which is secured by prior verification of a login and created password, containing the Customer's address and payment data.
Product Delivery Party - a courier company contracted by the Company or a Third Party Provider to deliver the package to the Customer.
Product - a movable item available in the Online Shop, offered by LAWA Magdalena Chojecka.
Entrepreneur - natural persons, legal persons, organisational units without legal personality conducting business activities and other entities with a REGON number.
Online Store, LAWA Online Store, Store - an online store run by LAWA Magdalena Chojecka via www.lawasilk.com.
Order - a declaration of will by the Customer aimed directly at placing an order for the purchase of a Product, specifying in particular the type and number of Products.
§1. General Provisions
1. The Terms and Conditions define the rules of using the Online Store by Customers at www.lawasilk.com for ordering Products, in particular:
1. the terms and conditions for placing Orders by Customers via the LAWA Online Store;
2. terms and scope of placing an Order;
3. terms and method of withdrawing from the Contract,
4. complaint procedure.
2. The Terms and Conditions are available on the www.lawasilk.com website, in Polish and English.
3. The online store under the name LAWA is run by the Company.
4. Contact details of the Store:
a) e-mail: firstname.lastname@example.org
b) correspondence address: LAWA Magdalena Chojecka, 67/21 Złota Street, 00-819 Warsaw
5. The User is obliged to use the Store and its functionality in accordance with the provisions of the law, the provisions of these Terms and Conditions and those of good practice. It is forbidden to use the Store in a way that may infringe the personal rights of other people and to post or disseminate through the Store content that is offensive, false or that may violate personal rights, laws or other legitimate interests of the Company or third parties. In the event of a change of their personal or contact data, the Customer is obliged to correct it or add any missing data. The Customer is obliged to take due care when using the Store.
§2. Placing an Order.
1. Products can be purchased:
a) after setting up or logging in to a Customer Account or
b) after provision by the Customer of the following data in the Online Store: name, surname, address of residence (in the case of a natural person) or company name, contact address (in the case of a legal person or an organisational unit without legal personality), delivery address, if it is different than the home address or contact address, as well as a telephone number, e-mail address.
- Placing an Order in the Store and concluding a contract takes place by performing the following activities, subject to paragraph 3:
a) adding Products to the basket,
- accepting these Terms and Conditions,
- accepting the content of the information on the processing of personal data,
- choosing a form of delivery of the Order
- choosing a form of payment for the Order and its delivery.
- If you choose a different payment method for the Order and postage than cash on delivery, the Contract is concluded provided that payment for the order is made within 3 days. In the event of non-payment in the specified time, the contract is automatically terminated.
- The online store shall immediately confirm receiving the Order and the conclusion of the Contract by sending the e-mail message containing the confirmation if the condition referred to in section 3 above is fulfilled.
- The Store shall send the Products in a manner chosen by the Customer within no more than 5 working days from the conclusion of the Contract. In the event of circumstances that may result in a delay in sending the Order, the Store shall inform the Customer about this by contacting them at the provided e-mail address.
- In the case of purchasing several Products in one Order, the ordered Products may be sent to the Customer in more than one shipment. In such cases, the Customer shall not bear any additional delivery costs.
- The date of delivery of the Order depends on the form of shipping chosen by the Customer. The Store is not responsible for delays in delivery resulting after the Order has been sent in the manner chosen by the Customer.
- Deliveries shall be made throughout Europe in accordance with the terms and conditions applicable to the party chosen by the Customer for managing the delivery.
- In case of doubts as to the correctness of Customer data necessary for the delivery, the Store may contact the Customer by e-mail or telephone in order to verify this data.
- The entity providing online payment services is Paypal and Stripe. Available payment methods:
- payment by instant transfer,
- payment within 3 days by traditional bank transfer,
- payment by credit card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
- In the event of any requests or instructions regarding the delivery of Products, the method of packing, delivery of a paper version of the VAT invoice or other requests related to the Order, the Customer should provide this information in the "Comments" box visible during the ordering process.
§3. Creating an Account
- The creation of an Account in the Online Store is done at the initiative of the Customer by selecting the "Create" button in the "Create an account / Log in" tab on the Store's website.
- In order to create an Account the Customer should enter a login in the form of their e-mail address and enter a password. In order to confirm that the Account has been created, a message containing an activation link will be sent to the Customer's e-mail address. After opening the link referred to in the previous sentence, the Customer's Account will be activated.
- The Customer may enter their address, delivery data, telephone number in their Account, for use during subsequent Orders.
- By means of the Customer Account, the Store may inform the Customer about granted discounts, promotional and marketing offers of the Store, and offers of third parties cooperating with the Store within the scope of the Store's business activities.
- The Customer may delete their Accounts at any time by selecting the "Delete Account" button.
1. The prices shown in the Store are expressed in Polish zlotys or Euro and include VAT. The prices of the Products presented on the Store's website do not include delivery costs. The total value of the Order includes the price of the Product and delivery costs. The prices in different currencies may vary.
2. As proof of purchase a VAT invoice shall be issued by the Store and attached to the Order sent to the Customer. All costs of financial transactions shall be borne by the customer.
3. The delivery costs of the Products depend on the Customer's choice of delivery method from those available in the Store. Delivery costs may vary depending on the delivery address of the Products and the selected method of payment.
4. The Store shall deliver Product without defects. Customers should check the quality of the received Products immediately after their receipt and, in the case of any irregularities, notify the Store about them in order to determine further steps.
5. In the case of courier deliveries, before accepting the Products they should be checked for any damage in transport. In the event of any damage to the Products, the delivery should not be accepted. In the event of the circumstances described above, the Customer is obliged to notify the Store in order to determine further steps.
6. Should the Customer find any defects or damage to the Product that were not visible upon receipt, including, but not limited to:
a) mechanical damage to the contents of the package,
b) missing items,
c) incorrect contents of the package,
the Customer is obliged to contact the Store as soon as possible to clarify the situation and initiate a complaint procedure.
§5. Cancellation of Orders
- If the Products included in the Order have not yet been shipped by the Store, the Customer may withdraw from the Order by cancelling it by e-mail at: email@example.com. This does not limit the right of Customers who are Consumers to withdraw from the contract in accordance with the Terms and Conditions.
2. Customers shall be notified immediately by e-mail about the successful cancellation or inability to cancel the order.
§6. Complaints and liability
1. Customers who are Consumers have the right to file complaints about Products included in the Order.
2. Should the received Product have defects, the Customer may exercise their rights from the Company under liability for defects of the sold item. The Company is responsible to the Customer for products not compliant with the contract.
3. Consumers may file a complaint by sending a complaint request about a given Product. In order to speed up the complaint process, the following information should be provided in the claim: Consumer's name, date of application, invoice number, name and quantity of the Product, description and type of defect, the Consumer's request, contact details (telephone or e-mail address).
4. Complaints should be sent in writing to the following address: Lebrand, 3 Mysia Street, 00-496 Warsaw with the annotation "Complaint" on the envelope.
5. The rights of the Consumer are governed by the provisions of the Consumer Rights Act of 30 May 2014 and relevant provisions of the Act of 23 April 1964. - Civil Code, which are applicable in these Terms and Conditions.
6. If a Product is defective, Consumers may:
a) submit a request for a reduction in the price, or
b) submit a declaration of withdrawal from the sales contract,
unless the Company should immediately and without any inconvenience for the Customer replace the defective Product with one free of defects or remove the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Company or the Company has failed to comply with its obligation to replace the defective Product with a defect-free Product or remove the defect.
7. Instead of the Company's offer to:
a) remove the defect - the Consumer may request that the Product be replaced with a defect-free Product or
b) instead of the Company's offer to replace the Product - the Consumer may request that the defect be removed, or request a refund of the price paid,
unless removing the defect in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Company.
8. The Store shall undertake to notify the Consumer about the date and method of handling the complaint within 14 days from the date of its submission. All information regarding the complaint procedure will be provided by the Company to the Consumer's address and contact details provided by the Consumer in the complaint application.
9. The costs of returning the Products covered by the complaint shall be borne by the Customer. In the event that the complaint is recognised, the Company will also reimburse the cost of returning the goods by the Customer
§7. Withdrawing from the Contract
1. Customers who are Consumers have the right to withdraw from the contract:
- with regard to the provision of electronic services - managing their Account:
a) the Customer may withdraw from the Contract for the provision of electronic services within 14 days of its conclusion without providing a reason. In such cases, the Customer shall submit to the Company a written declaration of withdrawing from the Contract to the following address: Lebrand, 3 Mysia Street, 00-496 Warsaw, or by e-mail to the following e-mail address: firstname.lastname@example.org, where the date of submitting the declaration of withdrawing from the Contract shall be the day of sending the declaration, and the declaration must be sent before the deadline for withdrawing from the Contract.
b) A template of the declaration of withdrawing from the Contract is attached to these Terms and Conditions (download HERE). The Customer is not obliged to use the template to submit a declaration of withdrawing from the Contract. The template of the declaration for withdrawing from the Contract also includes Annex 1 to the Act of 30 May 2014 on consumer rights.
- in the scope of the sales contract:
a) Customers who are Consumers who concluded a sales contract may withdraw from the contract without providing a reason by submitting to the Company a declaration of withdrawal from the contract within fourteen (14) days from the date of receipt of the Product.
b) to effectively withdraw from the sales contract, sending a declaration of withdrawal from the sales contract to the Company before the expiry of the above-mentioned deadline is deemed sufficient. Customers may, although are not obliged to, use the declaration template attached to the Terms and Conditions (download HERE). The declaration, signed by Customers who are Consumers, may be sent by post to the following address: Lebrand, 3 Mysia Street, 00-496 Warsaw. In the event of withdrawal from the sales Contract, the contract shall be considered null and void to the extent that it was covered by the declaration of withdrawal.
c) after receiving a declaration of withdrawal from the sales Contract, the Company shall immediately confirm receipt of the declaration to the Customer.
- The Product should be returned together with the declaration of withdrawal or immediately after sending the declaration, but not later than 14 days from the date of withdrawal from the sales contract. The Consumer should send the returned Products to the following address: Lebrand, 3 Mysia Street, 00-496 Warsaw
- The cost of returning the Product is borne by the Company.
- The Product return is deemed effective if the tags are intact.
- The Company shall promptly, not later than within fourteen (14) days from the date of delivery of the Customer's declaration of withdrawal from the sales contract, refund the Customer any payments made, including for the delivery of the Product up to the cheapest method of delivery available in the Store. The Company may withhold the refund until the Product is returned and for the time necessary to verify that the requirements referred to in section 4 above have been fulfilled.
- The Company will refund the payment by traditional bank transfer within 5 working days of receiving the Product.
- The consumer shall be liable for any loss in value of the Product resulting from using the Product beyond that necessary to establish the nature, characteristics and functionality of the Product. The Company does not accept shipments sent back to the recipient to be paid on delivery.
8. The Company informs that pursuant to Art. 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw from a distance contract is not entitled to Consumers, among others, for the following types of contract:
- in which the subject of the contract is an item produced according to the Consumer's individual specification or produced for satisfying their individual needs;
- in which the subject of the contract are items which after delivery, due to their nature, are inseparably connected with other items.
§8. Remaining rights and obligations of the Parties
1. The Customer declares that all information provided by them in any form while using the Online Store and during the Order process, as well as any complaint process, is true according to their best knowledge.
2. The Company reserves the right to temporarily suspend the possibility to place Orders in the Online Store for the duration of technical maintenance works and modernisation of the website.
3. The Company reserves the right to refuse to carry out an Order at any time, in particular should the Customer violate the Terms and Conditions, in particular should the Customer provide incorrect personal data, data concerning their company or data connected with making payments. Regardless of the above, the Company is entitled to take appropriate action if the Client is found to be in breach of generally applicable law.
§9. Settling disputes
1. In the event of a dispute related to the performance of the Contract, the Parties shall endeavor to resolve the dispute amicably.
2. Consumers may use the online consumer dispute resolution platform (ODR platform) in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). The European ODR platform is designed to facilitate the independent, impartial, transparent, quick and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations arising from online sales or service contracts concluded between consumers living in the European Union and traders established in the European Union. Consumers can lodge a complaint via, for example, the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr. The use of available out-of-court complaint and claim procedures is possible after the complaint procedure has been completed, and is voluntary - both parties must agree to the procedure.
3. Any disputes arising between the Customer and the Company shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.
1. Customers may give consent to receiving a Newsletter from the Company. The Newsletter is sent only to Customers who agreed to receive the Newsletter by ticking the appropriate box in the Account registration form or order form and agreed for sending to a specified e-mail address commercial information according to the Act of 18 July 2002 on electronic services (Journal of Laws of 2019, item 123 consolidated text).
2. As part of the Newsletter service, information is sent via e-mail to the e-mail address provided by the Customer in the form of an electronic letter (e-mail). The newsletter contains, in particular, information about the product offer, current deals and other information about the products offered by the Store. The newsletter is sent free of charge.
3. The customer may at any time, without providing a reason and without incurring any costs, change the indicated e-mail address to which the Newsletter is sent or unsubscribe from the Newsletter by clicking on the Newsletter link found in the footer of each Newsletter and entering your e-mail address in the appropriate field, and then selecting the "Unsubscribe" button.
§11. Modification of the Terms and Conditions.
1. The Company reserves the right to make changes to these Terms and Conditions, including to take into account changes in the law, changes in the functions offered through the Store, the introduction of new services in the Store, better protection of customers' interests, clarification of issues of concern to customers, organisational changes on the part of the Company, the Company's inability to continue to provide services under the current conditions.
2. Any changes to the provisions of the Terms and Conditions will not lead to the Customer losing their acquired rights, if these rights have been acquired in accordance with the law.
3. All orders accepted by the Store for processing before the date of the changes to the Terms and Conditions shall be processed on the basis of the Terms and Conditions that were in force on the date the order was placed by the Customer, unless the provisions of the new version of the Terms and Conditions are more favourable for Customers.
4. The Company shall notify Customers of any changes to the Terms and Conditions by sending appropriate information to the e-mail addresses provided by them when setting up the Account at least 14 days before the planned changes enter into force. The Company shall also post information on any amendments to the Terms and Conditions on the Store's website at least 14 days before the planned amendments come into force.
5. If Customers do not accept the new content of the Terms and Conditions, they should notify the Company within 14 days from the date of receipt of the information about the change in the Terms and Conditions. Lack of objection within 14 days of the date of the notification shall be deemed, in the case of doubt, as acceptance of the new version of the Terms and Conditions.
6. Change to the form and nature of running the Store, in particular a change in the graphic design of the Store, the addition of new functionalities or photographs, does not constitute an amendment to these Terms and Conditions, provided that such changes are not contrary to the provisions of these Terms and Conditions.
§12. Final Provisions
1. The store is owned by the Company. All trademarks, service marks and names provided on the Website are the property of the Company or the right to use them by the Company results from separate agreements with authorised entities. The text and graphic materials and IT solutions contained on the Store's website are protected by law, in particular by the provisions of the Act of 4 February 1994 on copyright and related rights.
2. The Store, as well as its individual components, may not be modified, copied, distributed or published for commercial purposes without prior written consent of the Company.
3. Neither users nor Customers of the Store's website may use material and content posted on the website without the Company's prior explicit consent under penalty of full liability to the Company and the authors of specific content.
4. By using the Store's website, the user takes full responsibility for any infringement of the law and for any damage resulting from such action, including to third parties.
6. In matters not covered by these Terms and Conditions, the provisions of the Civil Code and the Act on consumer rights shall apply.
8. These Terms and Conditions come into force on 5/03/2022.