TERMS AND CONDITIONS OF THE BUTIK LUISA ONLINE STORE

The owner of the online store www.luisacerano-bydgoszcz.pl is the company Consyl Sylwia Stroniawska, with its registered office at: 85-005 Bydgoszcz, ul. Gdańska 83, NIP: 556 24 58 735, Regon: 363836390.
The company Consyl Sylwia Stroniawska, with its registered office at: 85-005 Bydgoszcz, ul. Gdańska 83, NIP: 556 24 58 735, Regon: 363836390.0, holds a PLN account at SANTANDER BANK POLSKA SA, account number: 08 1090 1069 0000 0001 3225 0350

GENERAL TERMS

These terms and conditions set out the rules for the use of the online Store by Customers www.luisacerano-bydgoszcz.pl

In these terms and conditions:

– The Store is the online store operating at www.luisacerano-bydgoszcz.pl conducting mail-order sales of the products in its offer via the internet.

– Customers are natural or legal persons making purchases in the Store.

All content presented on the website www.luisacerano-bydgoszcz.pl are for promotional purposes only, do not constitute an offer within the meaning of the provisions of the Civil Code and cannot form the basis of any claims against CONSYL SYLWIA STRONIAWSKA. The Store publishes information about the products on the website www.luisacerano-bydgoszcz.pl All products offered in the store www.luisacerano-bydgoszcz.pl are new and have been legally placed on the Polish market.

The prices given for individual products in the Polish language version of the Store are expressed in Polish zloty. The prices include all their components, including customs duties, VAT and other taxes. Product prices do not include shipping costs.

A price change may take place through publication on the website www.luisacerano-bydgoszcz.pl of new price offers and is binding on the Store from the moment of publication; it does not affect the performance of contracts concluded as a result of orders placed earlier.

Orders can be placed in the Store 24 hours a day, all year round.

PLACING ORDERS AND DELIVERY TERMS

The Customer may place an order in the Store in two ways:

– without the need to register,

– by registering, during which they will receive, at the e-mail address they indicate, confirmation of registration together with the password for access to the account.

Order processing steps:

– after selecting the product and its size (the sizes of the products presented in the store are given according to German (D) sizing), click the icon „add to cart” , after which you may continue selecting other products from the Store's offer or click the icon „complete the order” and proceed to complete the purchase

– the Customer's contact details, the details necessary to issue an invoice and the address details necessary for delivery must be given; it is important to provide a correct e-mail address, which will enable the Customer to receive all confirmations and information generated automatically by the system

– The Customer chooses the delivery method and the payment method for the order and finally places the order,

– The Customer declares that they have read the Terms and Conditions and consents to the processing of personal data

– after an order has been placed in the Store, a message with the order status is automatically sent to the e-mail address provided by the Customer – confirmation that the order has been accepted for processing by the Store, or notice that payment is awaited; in the latter case, confirmation that the Store has accepted the order is sent only after the payment has been credited

When placing orders, the Customer is obliged to provide true data in the order form. The Store reserves the right to have this data verified by the Store's staff, by telephone or e-mail, where it is found that the data provided is incomplete or contains material errors. Orders about which there is any doubt will be verified; such an order may be cancelled, of which the Customer will be informed electronically.

If the Customer wishes to make changes to a confirmed order, they may do so only by contacting the Store's staff by e-mail at: kontak@butik-luisa.pl or by telephone at: +48 667 506 090. Any changes to the order or cancellation of the order may be made only until the goods are dispatched to the Customer by the Store's staff.

Where part or all of the order cannot be fulfilled due to the unavailability of one of the ordered products, the Customer is informed of the status of the order and decides how it is to be fulfilled – i.e. partial fulfilment of the order or cancellation of the whole order. The Store is also obliged to inform the Customer where it is necessary to extend the time for fulfilling the order because the ordered goods are temporarily unavailable, and to specify the expected time of fulfilment. If the Customer does not agree to the extension of the fulfilment time, they may cancel the order entirely or cancel only the item that extends the fulfilment time. In the event of cancellation of all or part of a prepaid order, the Store will refund the amount due to the Customer's bank account.

When the ordered goods are dispatched, the Customer is automatically notified and receives the parcel number by e-mail. The parcel can be tracked on the DPD website: https://www.dpd.com.pl/Zlokalizuj-paczke or on the INPOST website: https://inpost.pl/sledzenie-przesylek

SHIPPING COSTS AND PAYMENT METHODS:

Shipping costs:

– delivery of the ordered products within Poland is free for orders of PLN 500 and above, while the delivery cost for orders worth less than PLN 500 is PLN 20

– the shipping cost to other European Union countries is PLN 90 – the equivalent of about EUR 25, depending on the current exchange rate; delivery to European Union countries is carried out by the courier company DPD

Payment for an order may be made by choosing one of the following methods:

– cash on delivery – payment to the courier on receipt of the parcel (only within Poland),

– prepayment by standard by transfer to a bank account
(On standard bank transfers, in the field „title” the order number and the Customer's first name and surname must be given. If the payment is not credited to the Store's account within 5 days of the date the order was placed, the order will be cancelled, of which the Customer will be informed by e-mail),

– fast payment by on-line transfer, By BLIK or by credit card via the system PayU,

– payment by bank transfer on-line or by credit card via the system PayPal

ORDER PROCESSING

Shipping in our store is free for purchases over PLN 500.
The goods are dispatched within 24 hours. The maximum delivery time (including preparation of the goods, handover to the carrier and delivery) is 2 working days counted from the day the order is placed.

Shipping is carried out in the manner chosen by the Customer when placing the order, to the delivery address indicated by the Customer. The fulfilment of orders on the terms set out in the Store Terms and Conditions applies only to Customers within Poland or European Union countries. The Store does not accept orders for, or carry out shipping to, destinations outside the European Union. The time needed to fulfil an order is affected by the choice of payment method and delivery option:

a. In the case of a cash-on-delivery parcel, i.e. payment to the courier on receipt – the purchased goods will be dispatched, after availability has been checked by the Store's staff and the order has been accepted for processing, no later than on the first working day after the order is placed by the Customer

b. In the case of a parcel paid for before dispatch, i.e. where the option chosen is „payment by bank transfer” the purchased goods will be dispatched no later than on the first working day after the day on which a payment of the correct amount, consistent with the order placed by the Customer, is credited to the Store's account.

Delivery time is the period in which the parcel is delivered to the recipient from the moment of dispatch. Delivery within Poland is carried out by the courier company DPD or INPOST. The above time limits apply to parcels dispatched by 3 p.m. and are the time limits declared by DPD or INPOST on the website www.dpd.com.pl If the parcel is dispatched after 3 p.m., delivery may be extended by 1 working day.

Shipping to European Union countries is carried out via DPD as a courier parcel. Delivery time within the European Union is approximately 4-7 working days from the moment the parcel is dispatched. Shipping outside Poland is possible only where the full price of the order together with shipping costs has been prepaid to the Store's bank account.

The Store is not liable for failure to deliver the products or for delay in delivery caused by an incorrect or inaccurate address provided by the Customer.

Proof of purchase (a VAT invoice or a receipt) is enclosed with every parcel. If the Customer wishes to receive a VAT invoice, please provide all the details necessary to issue a VAT invoice at the time the order is placed.

Refusal to accept and pay for a cash-on-delivery parcel sent by the Store in accordance with an order placed by the Customer and confirmed for processing by the Store entitles the Store to refuse to process further orders placed by that Customer.

WITHDRAWAL FROM A DISTANCE CONTRACT

In accordance with the Consumer Rights Act of 24 June 2014, the Customer may withdraw from a distance contract of sale without giving a reason by submitting a statement of withdrawal within 14 days of receiving the parcel. The withdrawal template is available as TEMPLATE AVAILABLE FOR DOWNLOAD. Withdrawal from the contract may be made by submitting a statement by e-mail to the address: kontak@butik-luisa.pl , by telephone or by sending a written statement to the address: CONSYL SYLWIA STRONIAWSKA, ul. Gdańska 83, 85-005 Bydgoszcz, preferably in the same parcel together with the returned product.

In the event of effective withdrawal from the contract in this manner, the contract of sale is deemed not to have been concluded, and the performances of both Parties to the contract of sale are subject to immediate return.

The Customer is obliged to return the product to the Store immediately, but no later than within 14 days of the day on which they withdrew from the contract. The product should be returned by the Customer complete, unused, with all its component parts and with the original proof of purchase enclosed (a receipt or a VAT invoice). The item returned must not show signs of use or be damaged, and the tags and seals must not be detached. The Customer is liable for any diminution in the value of the item resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of that item.

The Store guarantees a refund of the purchase price of the returned product and of the cost of delivering the parcel to the Customer, up to the amount of the cheapest delivery method offered by the Store. The amount due is refunded within 14 days of receipt of the statement of withdrawal from the contract. The refund will be made using the same payment methods as those used by the Customer in the original transaction, unless the Customer has expressly agreed to another solution. In any event, the Customer will not incur any charges in connection with this refund. The Store may withhold the refund until it has received the returned item or until the consumer has provided proof that it has been sent back.

Where payment was made by payment card, the refund may be made directly to the Customer's payment card. Where the refund is made to a bank account, the Customer is obliged to indicate, in the statement of withdrawal from the contract, the number of the bank account to which the refund is to be made. The Store does not accept any parcels returned by the Customer cash on delivery. The Customer bears the cost of returning the product to the Store in the event of withdrawal from a distance contract.

EXCHANGE OF GOODS

Within 14 days of the goods being delivered to the Buyer, the Buyer may exchange them for other goods at the same or a higher price. In order to make an exchange, the Customer should:

– fill in the goods exchange form, which is available as a TEMPLATE AVAILABLE FOR DOWNLOAD; filling in this form is not necessary where the Customer only wants to exchange the size of the same product previously purchased in the Store; in that case it is enough to notify the Store's customer service of the wish to exchange the product by telephone at: +48667506090 or by e-mail at: kontak@butik-luisa.pl

– return the goods at their own expense together with a completed goods exchange form to the address: BUTIK LUISA, ul. GDAŃSKA 83, 85-005 BYDGOSZCZ

– pay any difference between the goods ordered and the goods returned; for this purpose the Customer should contact the Store by telephone at: +48 667 506 090 or by e-mail at: kontak@butik-luisa.pl

The product should be returned by the Customer complete, unused, with all its component parts and with the original proof of purchase enclosed (a receipt or a VAT invoice). The item returned must not show signs of use or be damaged, and the tags and seals must not be detached. The Customer is liable for any diminution in the value of the item resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of that item.

The new goods will be sent to the Buyer, at the Store's expense, immediately after the goods to be exchanged have been delivered to the Store.

COMPLAINT TERMS

All products available in the Store come from a legal source, are original, brand new and carry the manufacturer's quality guarantee. The Store is obliged to deliver to the Customer a product free from defects. If, after receiving the purchased product, the Customer finds a defect, they may exercise their rights under the guarantee or under the statutory warranty on the basis of Art. 556¹ and 556³ Of the Civil Code.

The Customer has the right to lodge a complaint with the Store under the statutory warranty if physical or legal defects are found in the delivered products, i.e. non-conformity of the product with the contract, in particular where the product:

– does not have the properties that a product of this kind should have

– does not have the properties which the Customer was assured of by the seller or by advertising

– is not fit for the purpose of which the Customer informed the Store at the time the contract was concluded

– was released to the Customer in an incomplete state

If a defect in the product is found, the Customer has the right to:

1. demand a price reduction

2. withdraw from the contract,

unless the Store immediately and without undue inconvenience to the Customer replaces the defective product with one free from defects or removes the defect.

The Store is not the guarantor of the products. Where the guarantor grants a quality guarantee covering a product, its terms are provided together with the product. Rights under the guarantee are exercised in accordance with the terms set out in the guarantee document enclosed with the product.

The Customer may submit a complaint under the statutory warranty or the guarantee in person, by telephone, or electronically to the e-mail address: kontak@butik-luisa.pl (because the defect of the product has to be assessed, the product must also be sent back in addition to the complaint notification) or send it together with the product concerned by post to the address: BUTIK LUISA, UL. GDAŃSKA 83, 85-005 BYDGOSZCZ

Proof of purchase, e.g. a receipt or a copy of the VAT invoice, together with a completed complaint form, must be enclosed with the returned product – you may use the TEMPLATE AVAILABLE FOR DOWNLOAD. The Store does not accept parcels returned cash on delivery.

A complaint under the statutory warranty will be considered within 14 days, and a complaint under the guarantee within 30 days, of which the Customer will be informed by telephone, e-mail or in writing. Failure to notify the Customer of the outcome within the above time limit will be treated as acceptance of the complaint. If the complaint is found to be justified, the damaged product will be repaired or replaced with a new, fully functional one and, if this is impossible because the product is unavailable, the Store will refund the Customer the equivalent of the purchase price of the product. The Store refunds the cost of shipping the product complained about where the complaint is found to be justified. The Customer has the right to submit a complaint within 2 years of the date of purchase of the product in the Store.

PERSONAL DATA PROTECTION

Personal data controller: Consyl Sylwia Stroniawska, trading under the name Butik Luisa, ul. Gdańska 83, 85-055 Bydgoszcz, NIP: 556-24-58-735.

Contact with the Controller: kontak@butik-luisa.pl, tel. +48 667 506 090.

Purpose and legal basis of processing: (a) performance of the contract of sale — Art. 6(1)(b) GDPR; (b) tax and accounting obligations — Art. 6(1)(c) GDPR; (c) direct marketing (newsletter) — Art. 6(1)(a) GDPR (consent); (d) pursuit of claims — Art. 6(1)(f) GDPR.

Retention period: order data — 5 years from the end of the tax year; account data — until the account is deleted; newsletter data — until consent is withdrawn.

Prawa: access, rectification, erasure, restriction, data portability, objection, and a complaint to the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw).

Data recipients: payment operators (PayU, PayPal, Klarna, PayPo), carriers (DPD, InPost), the store system provider, the accounting office. Data is not transferred outside the EEA.

Completion of the registration form and acceptance of these Terms and Conditions is tantamount to consent to the processing of the personal data provided by the Customer for the purpose of performing the contract of sale being concluded, in particular the operational handling of the order, the dispatch or delivery of the ordered products, the fulfilment of obligations arising from the statutory warranty and the guarantees granted, the pursuit of receivables and the exercise of other rights and obligations arising from applicable law.

Provision of personal data by the Customer and consent to its processing are necessary for the Store to fulfil the order.

The Customer's personal data may be transferred by the Controller to third parties involved in performing the contract of sale, in order to perform it properly, e.g. DPD and companies handling payment transactions; in particular, this concerns the transfer of personal data to PayTel and PayU. Where payment is made using the on-line payment system, the transfer covers only the personal data necessary for PayTel and PayU to process the payment.

The personal data entrusted is processed by the Controller solely for the purpose of fulfilling the order, including issuing an invoice and keeping financial records, for the period necessary to perform the contract of sale and provided for by applicable law.

The Customer's personal data is protected and processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the Regulation, the Personal Data Protection Act of 29 August 1997 (consolidated text: Dz.U. 2016 item 922, as amended), the Act on Providing Services by Electronic Means of 18 July 2002, and the Regulation of the Minister of Internal Affairs and Administration on the documentation of personal data processing and the technical and organisational conditions to be met by the devices and IT systems used to process personal data.

The Customer's personal data is not transferred, lent, sold or made available to third parties, unless this occurs in the case of:

• the explicit consent of the data subject

• disclosure of data to authorised bodies on the basis of provisions of law

The Customer's personal data is not made available to third parties for marketing purposes.

The Customer has the right of access to their personal data and to transparent information and communication from the Controller. Access to the personal data of registered Customers who have created an account is possible at any time, after the Customer logs in to the account, in the tab „My personal data”. A copy of the data may be downloaded in pdf or csv format.

The Customer has the right to rectify personal data that is incorrect. A registered Customer may correct their personal data after logging in to their account, in the tab „My personal information”.

The Customer has the right to erasure of their personal data – the „right to be forgotten” – or to restriction of its processing in the situations set out in Art. 17 and Art. 18 of the Regulation.

The Customer has the right to withdraw consent to the processing of personal data, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal. Consent may be withdrawn at any time.

The Customer has the right to object to the processing of personal data, as well as the right to data portability under Art. 20 and 21 of the Regulation.

A request for erasure (the „right to be forgotten”), rectification or portability of personal data, as well as withdrawal of consent to its processing or an objection to the processing of personal data, may be sent by the Customer to the personal data Controller via the contact form by selecting „Personal data controller”.

The Customer has the right to lodge a complaint with the Inspector General for Personal Data Protection where they consider that the processing of their personal data infringes the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

CONSUMER REVIEWS

1. The Store operates a system for presenting consumer reviews of products on the site.

2. Product reviews are posted exclusively by persons who have purchased the given item in the Store. Verification takes place by assigning the ability to post a review solely to a confirmed order. The Store does not publish unverified or sponsored reviews.

PRICES AND PROMOTIONS

1. All product prices presented in the Store are gross prices and include VAT.

2. Where the price of an item is reduced, the Store undertakes to display, next to the reduced price, the lowest price of that item that applied during the 30 days preceding the day the reduction was applied, in accordance with Art. 4a of the Act of 9 May 2014 on informing about the prices of goods and services (consolidated text: Dz.U. 2023 item 168, as amended).

3. If a given item has been on sale for a period shorter than 30 days, the lowest price that applied from the day the item was first offered for sale until the day the reduction was introduced will be shown next to the reduced price.

4. The Store does not use reference prices, struck-through prices or manufacturers' suggested retail prices as a basis for calculating the percentage of a reduction — the point of reference is always the actual selling price in the Store.
5. Discount codes and coupons (including the -10% coupon for signing up to the newsletter) reduce the current price shown in the cart and do not constitute a promotion within the meaning of Art. 4a of the Act on informing about prices.

POLICY ON THE SALE OF GIFT CARDS

Gift cards offered by the online store www.luisacerano-bydgoszcz.pl are intended as a form of payment for purchases in our store. They are available in electronic and in physical (mail-order) form.

Gift cards can be redeemed:

– at the brick-and-mortar store: ul. Gdańska 83, 85-005 Bydgoszcz,

– on the store's website: www.luisacerano-bydgoszcz.pl.

Gift cards may be used to purchase any products available in the store's offer, both in the brick-and-mortar store and online. The value of the gift card does not cover shipping costs, which must be paid separately when the order is placed.

All gift cards are valid until 31 December 2025. After that date, any unused funds on the gift cards expire.

The Customer may choose how the gift card is delivered:

– in electronic form to the indicated e-mail address,

– in physical form (by post or courier) to the address given at the time of purchase.

Gift cards cannot be exchanged for cash. Where the value of the purchase exceeds the value of the gift card, the difference must be settled using one of the available payment methods. Where the value of the purchase is lower than the value of the gift card, the remaining amount may be used for further purchases within the validity period of the card.

If you experience problems redeeming a gift card, please contact customer service at the e-mail address: kontak@butik-luisa.pl or by telephone at: +48 667 506 090.

OUT-OF-COURT DISPUTE RESOLUTION

1. The Consumer has the right to use out-of-court methods of handling complaints and pursuing claims, including mediation conducted by the competent Consumer Ombudsman.

2. The European Commission provides an online dispute resolution (ODR) platform at: https://ec.europa.eu/consumers/odr. The ODR platform is a point of access for consumers and traders seeking the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts.

3. The Seller's e-mail address for ODR purposes: kontak@butik-luisa.pl.

FINAL PROVISIONS

These Terms and Conditions enter into force on 30 November 2018 in their current version. In matters not governed by these Terms and Conditions, in particular the conclusion and performance of contracts of sale, the provisions of the Civil Code, the Act on Specific Terms of Consumer Sale and on Amendments to the Civil Code, and the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product shall apply. These terms and conditions neither exclude nor limit any rights of a Customer who is a consumer that are available to them under mandatory provisions of law. In the event of a conflict between the provisions of these terms and conditions and mandatory provisions of law granting rights to consumers, those provisions shall prevail. Any disputes arising under the Terms and Conditions or contracts of sale shall be settled by a Polish common court. By accepting these terms and conditions, the Customer declares that they have read their content and agree to all of their provisions.