Terms and Conditions

specifying the rules of sales carried out via the shop.

 

Section 1 Definitions

1. Business days – Monday through Friday with the exception of public holidays in Poland.
2. Consumer – an individual who is a consumer within the meaning of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
3. User account – a free-of-charge feature (service) of the shop allowing the Buyer to set up an individual user account in the Shop, regulated by separate terms and conditions available in the Shop.
4. Buyer – every entity placing an Order in the Shop.
5. Terms and Conditions – these Terms and Conditions.
6. Shop – online shop maintained by the Seller under: www.loman.pl
7. Seller – LOMAN Spółka z ograniczoną odpowiedzialnością, entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court in Bielsk-Biała, 8th Economic Division of the National Court Register under KRS number: 0000290682 , NIP (tax identification number) 5472078236, REGON (National Official Business Register number) 24075701300000, with a share capital of PLN 50,000.00 and its registered seat in Bielsko-Biała, ul. Wapienicka 20 (43-382).
8. Voucher – digital content available in the Shop – send as individual number.

 

Section 2 Contact details

1. Postal address: LOMAN Sp. z o.o., ul. Wapienicka 20, 43-382 Bielsko-Biała.
2. Email address: anna@loman.pl
3. Phone: +48 33 812 62 94
4. The Seller informs that the basic tariff of the telecommunications operator used by the Buyer applies to such phone calls. The seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer’s operator.

 

Section 3 Placing Orders

1. In order to conclude a sales agreement with the Seller through the Shop, the Buyer should first add the product to the cart and, if applicable, specify its parameters (e.g. size).
2. Then the Buyer enters his/her details (including the address where the order should be shipped to), selects the delivery method and the payment method.
3. Upon the Buyer’s confirmation of the order and acceptance of the Terms and Conditions, a sales contract is concluded.
4. The Buyer may set up a User Account in the Shop, however it is not required for placing an order.
Section 4 Cost of the Order
1. The prices indicated in the Shop are gross prices, i.e. they include VAT.
2. The total price of the order consists of the price for the product and the cost of delivery of the product. They are visible in the Shop upon placing the order.
3. In the event the order involves additional fees other than those specified in subs. 1, which are applicable to Buyers outside Poland, such information will appear upon placing the order in the Shop.

 

Section 5 Payments

1. Upon placing an order, the Buyer can select one of the following payment methods available in the Shop:

a. via payment platform:

• PayPal,
• PayU

b. via a bank transfer to the Seller’s bank account,

c. cash on delivery.

2. In the case the Buyer selected a payment method referred to in subs. 1 a) and b), the order must be paid for within 7 business days from the day of conclusion of the sales contract.

 

Section 6 Fulfilling Orders

1. The products purchased in the Shop can be delivered via:

a) a courier company or
b) the Polish Post.
c) online – for digital content

2. The maximum order processing time is 30 days, however the Seller strives to make sure that the orders are fulfilled in the shortest time possible.
3. The order processing time is counted from the day of concluding the sales contract, subject to subs. 5.
4. In the case the order is made up of several products, the processing time for the entire order is the same time as the processing time indicated for the product with the longest order processing time.
5. In the case the Buyer opted for payment in advance, order fulfilment commences after the Seller has received payment for the purchased products.
6. The countries to which products purchased in the Shop can be delivered are indicated in the Shop.
7. The Seller is obliged to deliver the goods without any defects.

 

Section 7 Withdrawal from the contract

Consumer rights

1. A Consumer has the right to withdraw from the sales contract, subject to section 8 subs. 1 of the Terms and Conditions, within 14 days, without giving any reason.
2. The time limit for withdrawal from the contract ends after the lapse of 14 days, counting from the day:
a) on which the Consumer acquired physical possession of the goods or on which a third party other than the carrier and indicated by the Consumer acquired physical possession of that good;
b) on which the Consumer acquired physical possession of the last good or on which a third party other than the carrier and indicated by the Consumer acquired physical possession of the last good in the case of a contract on the transfer of ownership to many things which are delivered separately.
c) of the conclusion of the contract – in the case of a contract for the supply of digital content which is not supplied on a tangible medium
3. For a Consumer to be able to exercise the right of withdrawal from the sales contract, he/she must notify the Seller by using the data specified in section 2 of the Terms and Conditions about the withdrawal from the sales contract by an unequivocal declaration (e.g. a letter sent by post or information sent via electronic mail).
4. The Consumer can also make use of the withdrawal form template placed at the end of the Sales Terms and Conditions, however it is not mandatory.
5. In order to observe the time limit for withdrawal from the contract, it is sufficient when the Consumer sends information about exercising his/her right of withdrawal from the contract prior to the lapse of the withdrawal time limit.
6. In the event of withdrawal from the sales contract, the Seller returns all the payments received from the Consumer back to the Consumer, including the cost of delivery of the goods (with the exception of additional costs arising from the method of delivery selected by the Consumer other than the cheapest regular delivery method offered by the Seller) immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer’s decision to exercise the right of withdrawal from the sales contract.
7. The payments will be returned with the same payment methods as the ones used by the Consumer in the original transaction, unless the Consumer agrees on another solution. In any case, the Consumer will not incur any fees in connection with the return.
8. The Seller can withhold a return of the payment until having received the good or a proof of its return, whichever occurs earlier.
9. The Seller asks that the goods be returned to the following address: LOMAN Sp. z o.o., ul. Wapienicka 20, 43-382 Bielsko-Biała immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer’s decision to withdraw from the sales contract. This deadline is deemed to have been met if the Consumer sends the product back before the lapse of 14 days.
10. The Consumer bears the direct costs of returning the goods.
11. If, given their nature (e.g. the size), the product cannot be sent by regular mail, the Consumer will also have to bear the direct costs of returning the product. Those costs are estimated to amount to:
– approx. PLN 12 in the case of goods weighing up to 1 kg.
– approx. PLN 15 in the case of goods weighing up to 2 kg.
12. The Consumer is responsible only for the reduction in the value of the goods resulting from using them in a manner other than necessary to establish their nature, characteristics and functioning.

 

Section 8 Withdrawal from the contract – exclusion

1. The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
a) where the subject of the service is a non-prefabricated good made to the Consumer’s specifications or used to meet his or her clearly personalised needs,
b) where the subject of the service is a sealed good which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery,
c) where the subject of the service are goods which are, after delivery, according to their nature, inseparably mixed with other items;
d) where the subject of the service are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
e) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

 

Section 9 Complaints

1. If a good contains a defect, the Buyer has the right to submit a complaint regarding the defected good based on the warranty regulated by the Civil Code, subject to subs. 3 and 4 in relation to a Trader.
2. If a good contains a defect, the Buyer can take the following measures on the rules and within the time limits laid down in the Civil Code:
a) request a price reduction,
b) in the case of a material defect – make a statement of withdrawal from the contract,
c) demand an exchange of the good for a good free from defects.
d) demand that the defect be removed.
3. In relation to a Trader, the Seller is liable under a warranty if the product defect is identified before the end of one year from the handover of the item to the Trader.
4. A Trader may:
a) in the case of a material defect – make a statement of withdrawal from the contract,
b) demand an exchange of the good for a good free from defects.
5. The Seller asks that claims based on the warranty be submitted in electronic form to anna@loman.pl or in writing to the address indicated in section 2 of the Terms and Conditions.
6. In order to allow for the examination of a claim based on warranty, if necessary, the Buyer is obliged to deliver the defected good to ul. Wapienicka 20, 43-382 Bielsko-Biała; if the Buyer is a Consumer, the delivery costs are borne by the Seller.
7. The Seller recommends that the complaint notification should include the following information: data identifying the Buyer, a brief description of the defect, the moment of its identification and the Buyer’s demand regarding the claim.
8. All Seller’s recommendations specified in these Terms and Conditions constitute solely non-binding guidelines for the Consumer which the Consumer may, but does not have to, follow. The Consumer’s failure to follow the Seller’s recommendations in no way affects the Consumer’s rights, in particular the rights related to the warranty.
9. Complaints concerning the operation of the Store should be reported electronically to anna@loman.pl.
10. The Seller will respond to the complaint within 14 days from receiving the complaint.
Section 10 Out-of-court complaint and redress mechanism
1. In the case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
a. The assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions.
The assistance of Consumer Centres is free-of-charge by default.
A list of Consumer Centres competent for each country can be found at:
http://www.konsument.gov.pl/pl/eck-w-europie.html
b. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.,

2. Furthermore, the following support options are available in the Republic of Poland:
a. Mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. The list of Inspectorates is available at the following address:
https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b. Free-of-charge assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c. Free-of-charge assistance of the municipal or poviat consumer advocate.

 

Section 11 Personal data

1. Personal data provided by the Buyer for the purpose of using the Shop are administrated by the Seller. Detailed information regarding the processing of personal data by the Seller – including the other purposes and the basis of data processing, as well as data recipients – are available in the Privacy Policy of the Shop – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Shop, is the completion of Orders.
The basis for the processing of personal data in this case is:
– a sales contract or actions undertaken at the Buyer’s request to conclude it (Article 6(1)(b) of the GDPR),
– the Seller’s legal obligation related to accounting (Article 6(1)(c) of the GDPR) and
– the Seller’s legitimate interest, consisting in the processing of data to determine, assert or defend any potential claims (Article 6(1)(f) of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time it is necessary to conclude a sales contract. Failure to provide data prevents the conclusion of a sales agreement in the Shop.
4. The Buyer’s data provided in relation to purchases in the Shop will be processed until:
a) the Seller ceases to be legally obliged to process the Buyer’s data;
b) the possibility of pursuing claims related to the sales contract concluded via the Shop by the Buyer or the Seller ceases;
c) the Buyer’s objection against the processing of his personal data is accepted – if the basis for data processing was a legitimate interest of the Seller

– depending on what is applicable in the given case and whichever is the latest;
5. The Buyer has the right to:
a. access his/her personal data (Article 15 of the GDPR),
b. correct them (Article 16 of the GDPR),
c. delete them (Article 17 of the GDPR),
d. limit their processing (Article 18 of the GDPR),
e. transfer data to another administrator (Article 20 of the GDPR)
as well as the right to:
f. object at any time against the processing of data for reasons related to the Buyer’s specific situation – in the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on legitimate interest pursued by the administrator) (Article 21(1) of the GDPR).
6. In order to exercise his/her rights, the Buyer should contact the Seller using the data from Section 2 of the Terms and Conditions.
7. If the Buyer finds that his data is being processed unlawfully, the Buyer may submit a complaint to the supervisory authority.

 

Section 12 Technical Requirements

1. In order to use the Shop it is necessary to have a device with an installed browser which ensures proper support of JavaScript and cookies and is connected to the Internet, and for making purchases it is also necessary to have an active email account.

 

Section 13 Final provisions

1. A sales contract concluded on the basis hereof regards a specific one-time order – it is concluded for the purpose of and the period of its fulfilment. Every order requires separate acceptance of the Terms and Conditions.
2. Vouchers offered in the Shop cannot be exchanged for cash.
3. Vouchers are not electronic payment instruments or electronic payment cards in the meaning of generally applicable law.
4. Vouchers are valid for 12 months after purchase.
5. Regardless of the rights referred to in section 7 hereof, each Party of the contract has the right to withdraw from the contract in the event of default of the other party in the performance of the obligation specified in the sales contract without the need to set out an additional time limit. This stipulation does not limit the Consumer’s rights resulting from the provisions of law.
6. Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered office.
7. Contracts concluded in connection with the Shop are concluded in Polish, German or English, depending on the Buyer’s choice.
8. The Buyer is forbidden to provide content of illegal nature.

What follows is a template withdrawal form from the contract which the Consumer is free to use:

TEMPLATE OF A DECLARATION ON WITHDRAWAL FROM THE CONTRACT
(this form should be filled in and sent only in the event one wishes to withdraw from the Agreement)

–  LOMAN Sp. z o.o., ul. Wapienicka 20, 43-382 Bielsko-Biała, anna@loman.pl.

– I/We*) hereby wish to inform you (*) about my/our withdrawal from the agreement on the sale of the following things(*) agreement on the supply of the following things:_____________________________________________________________________________

– Date on which the agreement was concluded(*)/ date of receipt(*):__________________________________________________________________________

– Name and surname of the consumer(s): __________________________________________________________________________________

– Address of the consumer(s):_____________________________________________________________

– Signature of the consumer(s) (only if the declaration is sent in paper form:_____________________________________________________________________________

– Date:_______________________________________________________________________________

(*) Delete as appropriate.


WZÓR FORMULARZA ODSTĄPIENIA OD UMOWY

(formularz ten należy wypełnić i odesłać tylko w przypadku chęci odstąpienia od umowy)

 

–   LOMAN Sp. z o.o., ul. Wapienicka 20, 43-382 Bielsko-Biała,  anna@loman.pl.

–   Ja/My(*) niniejszym informuję/informujemy(*) o moim/naszym odstąpieniu od umowy sprzedaży następujących rzeczy(*) umowy dostawy następujących rzeczy(*) umowy o dzieło polegającej na wykonaniu następujących rzeczy(*)/o świadczenie następującej usługi(*)

–   Data zawarcia umowy(*)/odbioru(*)

–   Imię i nazwisko konsumenta(-ów)

–   Adres konsumenta(-ów)

–   Podpis konsumenta(-ów) (tylko jeżeli formularz jest przesyłany w wersji papierowej)

–   Data

(*) Niepotrzebne skreślić.

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