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. Buyer – entity not being a Consumer.
3. Entrepreneur Account – a free-of-charge feature (service) of the shop allowing the Buyer to set up an individual entrepreneur account in the Shop, regulated by separate terms and conditions available in the Shop.
4. Terms and Conditions – these Terms and Conditions.
5. Shop – online shop maintained by the Seller under: www.piumo.pl
6. Seller – LOMAN Spółka z ograniczoną odpowiedzialnością, entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court in Bielsko-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).
Section 2 Contact details
1. Postal address: LOMAN Sp. z o.o., ul. Wapienicka 20, 43-382 Bielsko-Biała.
2. Email address: [email protected]
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 Entrepreneur 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:
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.
Section 7 Complaints
1. If a good contains a defect, the Buyer has the right to submit a complaint regarding the defected good.
2. 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 Buyer.
3. A Buyer 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.
4. The Seller asks that claims based on the warranty be submitted in electronic form to [email protected] or in writing to the address indicated in section 2 of the Terms and Conditions.
5. 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.
6. 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.
7. Complaints concerning the operation of the Store should be reported electronically to [email protected]
8. The Seller will respond to the complaint within 14 days from receiving the complaint.
Section 8 Personal data
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 9 Technical Requirements
Section 10 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. 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.
3. Any dispute arising between the Seller and the Buyer will be submitted to the court competent for the Seller’s registered office.
4. Contracts concluded in connection with the Shop are concluded in Polish, German or English, depending on the Buyer’s choice.
5. The Buyer is forbidden to provide content of illegal nature.
6. The Buyer has no right of withdrawal from distance contract