TERMS AND CONDITIONS OF THE LUISA BOUTIQUE ONLINE STORE
The owner of the online store www.luisacerano-bydgoszcz.pl is the company Consyl Sylwia Stroniawska with headquarters in: 85-005 Bydgoszcz, 83 Gdańska Street, NIP: 556 24 58 735, Regon: 363836390.
The company Consyl Sylwia Stroniawska, based in: 85-005 Bydgoszcz, 83 Gdańska Street, NIP: 556 24 58 735, Regon: 363836390.0, has for the currency of PLN an account in SANTANDER BANK POLAND SA account number: 08 1090 1069 0000 0001 3225 0350
GENERAL CONDITIONS
The Regulations set out the rules for the use of the Online Store by customers www.luisacerano-bydgoszcz.pl
In these regulations:
- The store is an online store operating at www.luisacerano-bydgoszcz.pl conducting mail-order sales of products in its offer via the Internet.
- Customers are natural or legal persons making purchases from the Store.
Any content presented on the website www.luisacerano-bydgoszcz.pl are only of promotional nature, do not constitute an offer within the meaning of the Civil Code and may not constitute the basis for any claims against the company CONSYL SYLWIA STRONIAWSKA. Information about the products the store provides on the website www.luisacerano-bydgoszcz.pl All products offered in the store www.luisacerano-bydgoszcz.pl are new and have been legally introduced into the Polish market.
The prices listed next to individual products in the Polish version of the Store are expressed in Polish zlotys. The prices include all their components, including customs duties, VAT and other taxes. Product prices do not include shipping costs.
Price changes can be made by publishing new price offers on the website www.luisacerano-bydgoszcz.pl and are binding on the Store from the moment of their publication and do not affect the execution of contracts concluded as a result of orders placed earlier.
Orders can be placed in the Store 24 hours a day, all year round.
ORDER PLACEMENT AND DELIVERY TERMS
The customer can place an order in the Store in two modes:
- Without having to register,
- by registering, during which he will receive a confirmation of registration, along with a password to access the account, to the e-mail address he has indicated.
Order processing steps:
- after selecting the product and its size (sizes of products presented in the store are given according to the German size D), click the "add to cart" icon , after which you can continue selecting other products from the Store's offer or click the "process order" icon and proceed to finalize the purchase
- provide the Customer's contact information, data necessary for issuing an invoice and address data necessary for shipping; it is important to provide a valid e-mail address, which will ensure that the Customer can receive all confirmations and information automatically generated by the system
- The customer selects the method of delivery of the shipment and the method of payment for the order and makes the final placement of the order,
- The customer submits a statement that he/she is familiar with the Regulations and agrees to the processing of personal data
- after placing an order in the Store, a message is automatically sent to the e-mail address provided by the Customer with the status of the order - confirmation of acceptance of the order for processing by the Store or waiting for payment, in which case confirmation of acceptance of the order by the Store is sent only after the payment is credited
When placing orders, the customer is required to provide true data in the order form. The store reserves the right to verify this data by the store staff, by phone or e-mail, if it is found that the data provided is incomplete or contains significant errors. Orders about which there is any doubt will be verified; such an order may be canceled of which the customer will be informed by e-mail.
If the customer wants to make changes to a confirmed order, he/she can only do so by contacting the Store staff by email at: kontak@butik-luisa.pl or by phone at: +48 667 506 090. Any changes to the order or cancellation of the order can only be made until the goods are shipped to the customer by the Store staff.
If part or all of the order cannot be fulfilled due to the unavailability of any of the ordered products, the Customer is informed of the status of the order and decides how to fulfill it - i.e. partial fulfillment of the order or cancellation of the entire order. The store is also obliged to inform the Customer in case of the need to extend the order completion date, related to a temporary shortage of the ordered goods, and to specify the expected order completion date. If the customer does not agree to extend the order lead time, he may cancel the order completely or cancel only the item that extends the lead time. In case 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 shipment of the ordered goods is carried out, the customer is automatically notified and receives a tracking number via email. The shipment can be tracked on the DPD website: https://www.dpd.com.pl/Zlokalizuj-paczke
SHIPPING COSTS AND PAYMENT METHODS:
Shipping costs:
- shipping of ordered products on Polish territory is free for orders of 500 PLN and above, while the cost of delivery of orders below 500 PLN is 15 PLN
- the cost of shipping to other European Union countries is 90 PLN - the equivalent of about 21 EUR, depending on the current exchange rate; delivery to the European Union countries is carried out by courier company DPD
Payment for an order with can be made by choosing one of the methods:
- cash on delivery - payment to the courier upon receipt of the shipment (only within Poland),
- prepayment by traditional transfer to bank account
(On traditional transfers, the order number and the Customer's name must be specified in the "title" field. If the payment is not received on the account of the Store within 5 days from the date of placing the order, it will be canceled, of which the Customer will be informed by e-mail),
- quick payment by online transfer, Blik or credit card via PayU sytem,
- payment by online transfer or credit card through PayPal system
EXECUTION OF THE ORDER
Shipping is carried out in the manner selected by the Customer at the time of placing the order, to the delivery address indicated by the Customer. Processing of orders under the terms of the Rules of the Store, applies only to Customers in Poland or countries of the European Union. Accepting orders and realization of shipment outside the European Union is not carried out by the Store. Order processing time is affected by the choice of payment method and delivery option:
a. In the case of cash on delivery, i.e. payment to the courier on delivery - the purchased goods will be shipped after checking the availability by the Store staff and accepting the order for processing no later than the first working day after the day the confirmation of acceptance of the order for processing is sent to the customer by e-mail.
b. In the case of shipment paid before shipment, i.e. in the case of choosing the option "payment by bank transfer", the purchased goods will be shipped no later than the first working day after the day of crediting the Store's account with the payment in the correct amount, in accordance with the order placed by the Customer.
Delivery time is the period during which the parcel is delivered to the recipient from the moment of sending. Shipping within Poland is carried out through the courier company DPD. The deadlines given above are valid for shipments sent by 3 p.m. and are the deadlines declared by DPD on its website www.dpd.com.pl. If the shipment is sent after 3 p.m., delivery may be extended by 1 working day.
Shipping to the European Union countries is carried out through DPD as a courier service. Delivery time to the territory of the European Union is about 4-7 working days from the moment of shipment. Shipping outside Poland is possible only if the total order price including shipping costs is prepaid in advance to the Store's bank account.
The store is not responsible for non-delivery of products or delay in delivery caused by an incorrect or inaccurate address provided by the customer.
Each shipment is accompanied by a proof of purchase (VAT invoice or fiscal receipt). If the customer wishes to receive a VAT invoice, please provide all the data necessary to issue a VAT invoice when placing an order.
Refusal to accept and pay for the cash on delivery shipment sent by the Store in accordance with the order placed by the Customer and confirmed for execution by the Store, results in the right of the Store to refuse subsequent orders placed by that Customer.
WITHDRAWAL FROM A DISTANCE CONTRACT
The customer, in accordance with the Law on Consumer Rights of June 24, 2014, may withdraw from a distance sales contract concluded without giving any reason by submitting a statement of withdrawal within 14 days of receipt of the shipment. A model withdrawal from the contract is available as a MODEL AVAILABLE FOR DOWNLOAD. Withdrawal from the contract can be made by submitting a statement by e-mail to: kontak@butik-luisa.pl , by phone or by sending a statement in writing to: CONSYL SYLWIA STRONIAWSKA, 83 Gdańska Street, 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 shall be considered not concluded, and the performance of both Parties to the contract of sale shall be immediately refunded.
The Customer is obliged to return the product to the Store immediately, but no later than within 14 days from the day on which he/she withdrew from the contract. The product should be returned by the Customer complete, not used, with all component parts and with the original proof of purchase (fiscal receipt or VAT invoice) attached. The returned item must not bear traces of use or be damaged, tags and seals must not be detached. The customer is responsible for any diminution in the value of the item resulting from the use of the item beyond what is necessary to determine the nature, characteristics and functioning of the item.
The Store guarantees to refund the purchase price of the returned product and the cost of delivery of the parcel to the Customer in the amount of the cheapest method of delivery offered by the Store. The amount due is refunded within 14 days from the date of receipt of the statement of withdrawal from the contract. The payment will be refunded using the same means of payment that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution. In any case, the Customer will not incur any fees in connection with this return. The store may withhold the refund until it has received the returned item or has received confirmation of its return from the consumer.
In the case of payment by payment card, the refund can be made directly to the Customer's payment card. In the case of a refund to a bank account, the Customer is obliged to indicate the number of the bank account to which the refund is to be made in the statement of withdrawal from the contract. The Store does not accept any shipments sent back by the Customer on delivery. The Customer shall bear the cost of returning the product to the Store in case of withdrawal from a contract concluded remotely.
GOODS EXCHANGE.
Within 14 days from the date of delivery of the goods to the Buyer, the Buyer may exchange them for other goods, at the same or higher price. In order to make an exchange, the Customer should:
- fill out a form for the exchange of goods is available as a MODEL AVAILABLE FOR DOWNLOAD; it is not necessary to fill out this form when the Customer wants to exchange only the size of the same product that he/she previously purchased from the Store, in this case it is sufficient to notify the Store staff of the desire to exchange the product by phone at +48667506090 or by email at: kontak@butik-luisa.pl
- send back at your expense the goods, together with the completed exchange form, to the following address: BUTIK LUISA, 83 GDAŃSKA St., 85-005 BYDGOSZCZ
- pay the difference, if any, between the ordered and returned goods; for this purpose, the Customer should contact the Store by phone at +48 667 506 090 or by e-mail at: kontak@butik-luisa.pl
The product should be returned by the customer complete, not used, with all components and with the original proof of purchase (fiscal receipt or VAT invoice) attached. The returned item must not bear traces of use or be damaged, tags and seals must not be detached. The customer is responsible for any diminution in the value of the item resulting from the use of the item beyond what is necessary to determine the nature, characteristics and functioning of the item.
The new goods will be sent to the Buyer, at the expense of the Store, immediately after the goods to be replaced are delivered to the Store.
TERMS OF COMPLAINT
All products available in the Store come from a legitimate source, are original, brand new and have a manufacturer's quality guarantee. The store is obliged to provide the customer with a product free from defects. If, after receiving the purchased product, the Customer finds a defect, he/she may exercise his/her warranty or guarantee rights under Articles 5561 and 5563 of the Civil Code.
The customer has the right to file a complaint with the Store under the warranty in the event that physical or legal defects are found in the delivered products, i.e. non-compliance of the product with the contract, in particular when the product:
- does not have the properties that a product of this type should have
- does not have the properties that the customer was assured of by the seller or advertising
- is not suitable for the purpose of which the Customer informed the Store at the time of concluding the contract
- was issued to the customer in an incomplete state
If a product defect is found, the customer has the right:
1. demand a price reduction
2. withdraw from the contract,
unless the Store immediately and without undue inconvenience for the Customer replaces the defective product with a defect-free one or removes the defect.
The store is not a product guarantor. If the guarantor provides a quality guarantee covering the product, its terms and conditions are made available together with the product. Warranty rights are exercised in accordance with the terms of the warranty document attached to the product.
Complaints under warranty or guarantee may be filed by the Customer in person, by telephone, by e-mail at the following address: kontak@butik-luisa.pl (due to the necessity of assessing the defect of the product, in addition to the complaint notification, the product must also be sent back) or sent together with the advertised product by mail to the following address: LUISA BOUTIQUE, 83 GDAŃSKA STREET, 85-005 BYDGOSZCZ
The returned product must be accompanied by a proof of purchase, e.g. a fiscal receipt or a copy of the VAT invoice, and a completed claim form - you can use the MODEL AVAILABLE FOR DOWNLOAD. The store does not accept shipments sent back cash on delivery.
A warranty complaint will be considered within 14 days, and a warranty complaint will be considered within 30 days, of which the Customer will be informed by phone, e-mail or in writing. Failure to notify the Customer of the manner of its consideration within the above period will be treated as recognition of the complaint. If the complaint is considered legitimate, the damaged product will be repaired or replaced with a new, full-value one, and if this is impossible due to the unavailability of the product, the Store will return to the Customer the equivalent of the purchase price of the product. Shipping costs of the complained product, the Store will return if the complaint is considered legitimate. The Customer has the right to file a complaint within 2 years from the date of purchase of the product in the Store.
PERSONAL DATA PROTECTION
The administrator of the personal data is Consyl Sylwia Stroniawska with its registered office in 85-005 Bydgoszcz, 83 Gdańska Street, NIP: 556-24-58-735, Regon: 363836390, hereinafter referred to as the Administrator.
Completion of the registration form and acceptance of these Regulations is tantamount to consent to the processing of personal data provided by the Client for the purpose of executing the concluded sales contract, in particular, operational execution of the order, shipment or delivery of the ordered products, fulfillment of obligations under the warranty and granted guarantees, the assertion of receivables and the exercise of other rights and obligations under applicable laws.
Provision of personal data by the customer and consent to their processing are necessary for the Store to process the order.
The Customer's personal data may be transferred by the Administrator to third parties involved in the process of executing the sales contract, in order to properly perform it, such as DPD, companies handling payment transactions, in particular, this applies to the transfer of personal data to companies: PayTel and PayU. In the case of making payments using online payment systems, the transfer of data applies only to the personal data necessary to complete the payment by PayTel and PayU.
Entrusted personal data shall be processed by the Administrator solely for the purpose of order processing, including invoicing and financial reporting for the period necessary for the execution of the sales contract and as provided for by applicable laws.
The Customer's personal data is protected and processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the Regulation, the Act on the Protection of Personal Data of August 29, 1997 (consolidated text.: Journal of Laws of 2016, item 922, as amended), the Act on Providing Electronic Services of July 18, 2002, and the Regulation of the Minister of Internal Affairs and Administration on documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used for personal data processing.
Customer's personal information is not transferred, lent, sold or shared with third parties, except in the case of:
- express consent of the data subject
- transfer of data to authorized bodies under the law
Customer's personal information is not shared with third parties for marketing purposes.
The Customer has the right to access his/her personal data, to transparent information by the Administrator and transparent communication. Access to the personal data of registered Customers with an established account is possible at any time, after the Customer logs into the account, in the "My personal data" tab. A copy of the data can be downloaded in pdf or csv format.
The customer has the right to correct personal information that is incorrect. Registered customers can correct their personal information after logging into their account, under "My personal information".
The customer has the right to delete his/her personal data - the "right to be forgotten" or to restrict its processing in situations specified in Article 17 and Article 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 Articles 20 and 21 of the Regulation.
A request for deletion ("to be forgotten"), rectification, transfer of personal data, as well as withdrawal of consent to its processing, or objecting to the processing of personal data, can be sent by the Customer to the Personal Data Administrator through the contact form by selecting "Personal Data Administrator".
The customer has the right to lodge a complaint with the Inspector General for Personal Data Protection when he/she considers that the processing of his/her personal data violates the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
FINAL PROVISIONS
The Regulations enter into force on 30.11.2018 in the current version, the date of the previous modification 15.01.2018. In matters not regulated by these Regulations, in particular, the provisions of the Civil Code, the Act on special conditions of consumer sales and amendments to the Civil Code and the provisions of the Act on the protection of certain consumer rights and liability for damage caused by dangerous products shall apply to the conclusion and performance of sales contracts. These Regulations do not exclude or limit any of the rights of the Customer who is a consumer, which he is entitled to under the mandatory provisions of law. In the event of a contradiction between the provisions of these Rules and Regulations and the mandatory provisions of law granting rights to consumers, these provisions shall prevail. Any disputes arising under these Regulations or sales contracts will be settled by the Polish common court. The customer, by accepting these Regulations, declares that he/she has familiarized himself/herself with its content and agrees with all its provisions.
