Terms & Conditions
Regulations of the mail-order sale of the online store lukato.eu effective from 30.10.2018.
Conclusion of an agreement between the Buyer and the Seller may occur in two ways.
Buyer has the right to negotiate before placing an order all the provisions of the contract with the Seller, including changing the following provisions of the Rules. These negotiations should be conducted in writing and directed to the Seller's address. (Lukato Design Katarzyna Łuć-Zalewska ul. Podgórna 9/11 93-278 Łódź)
If the Buyer abondons on the negotiating individual terms the following terms and applicable law applies.
§ 1 Definitions
1. 1.Postal Address - your name or the name of the institution, located in place (in the case of the place divided into the streets: street, house number, apartment number or premises in the case of the place undivided to the streets: the name of the place and the number of real estate), postal code town.
2. Complaint Address:
Lukato Design Katarzyna Łuć- Zalewska ul. Podgórna 9/11 93-278 Łódź
3. Delivery prices - available at lukato.eu/delivery summary of available delivery types and their costs.
4. Contact information:
Lukato Design Katarzyna Łuć- Zalewska ul. Podgórna 9/11 93-278 Łódź, email address email@example.com
5. Delivery - type of transport service with the carrier and cost specified in the delivery price list found at lukato.eu/delivery
6. Proof of purchase - invoice or receipt issued in accordance with the Act on tax on goods and services of 11 March 2004, as amended, and other applicable laws.
7. Product card - a single store subpage containing information about a single product.
8. Customer - an adult person with full legal capacity, legal entity or organization unit without legal personality but having legal capacity, making a purchase directly from the Seller related to his business or professional activity.
9. 10. The Civil Code - Civil Code Act of 23 April 1964, as amended.
10. Code of good practices - a set of rules, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of August 23, 2007, as amended.
11. 12. Consumer - an adult person with full legal capacity, making the purchase from the Seller not directly linked to its business or professional activity.
12. Shopping Cart - list of products made with products offered in the store based on the choices of the Buyer.
13. Buyer - both consumer and customer.
14. Place of delivery - postal address or collection point indicated in the order by the Buyer.
15. The moment of the delivery of goods - the time at which the Buyer or a third person indicated by him will possess ordered goods.
16. The ODR internet platform - an EU website operating on the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on the online system of settling consumer disputes and amendments to Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC and available at https://webgate.ec.europa.eu/odr
17. Payment - the method of payment for the subject of the contract and delivery listed at lukato.eu/payments
18. Authorized entity - the entity entitled to the extra-judicial settlement of consumer disputes under the law on extra-judicial consumer dispute resolution of 23 September 2016, as amended.
19. Consumer law - the law on consumer rights on 30 May 2014..
20. Product - minimum and indivisible amount of things that can be the subject of the contract, and which is given in the Seller's store as a unit of measure by determining the price (price / unit).
21. Subject of the contract - products and the delivery subject according to contract.
22. Subject of the Service - the subject of the contract.
23. Collection point - a place of delivery of items that is not a postal address, listed in the statement provided by the Seller in the store.
24. UOKiK Register - register of authorized entities kept by the Office of Competition and Consumer Protection on the basis of the Act on the out-of-court resolution of consumer disputes of September 23, 2016 as amended and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnnych.php
25. Goods - a thing/things which might be chattel or is the subject of the contract.
26. Store – a website available at the lukato.eu address through which the Buyer can place an order.
27. The Seller:
Lukato Design Katarzyna Łuć-Zalewska ul. Podgórna 9/11 93-278 Łódź, VAT No: 7282740762
registered and visible in the CEIDG register at: https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=a15c7480-8863-4136-b7f2-b7144e... BANK ACCOUNT: 45 1140 2004 0000 3302 7737 4592
28. System - a set of IT equipment and software, providing processing and storage, as well as send and receive data through telecommunications networks using appropriate for the type of network terminal device, commonly called the Internet.
29. Contract – an off-premises or distance agreement within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code of 23 April 1964 for Buyers.
30. Defect - both physical defect, as well as legal defect.
31. Physical Defect - incompatibility of sold goods to the contract, especially if the thing:
a. it has no properties that this kind of thing should have, especially to the purpose indicated in the contract or arising from circumstances or application;
b. does not have properties, the existence of which the seller assured Consumer
c. is not suitable for the purpose for which the consumer has informed the Seller at the conclusion of the contract, and the seller did not raise any objections to such of its use
d. has been delivered to the Consumer in an incomplete state;
e. in the event of improper installing and commissioning, if these activities were carried out by the Seller or a third party, for which the seller bears responsibility, or by a consumer, who acted according to instructions received from the Seller;
f. has no attribute as provided by the manufacturer or his representative or the person who places the item on the market in respect of his economic activity and a person who, by placing his name, trade mark or other distinctive sign on the item sold, presents himself as a producer, unless the Seller has not known or, in assessing reasonably, could not know or could not influence the Consumer's decision to conclude the contract , or when their content was corrected before the conclusion of the contract.
32. 31. Legal Defect - a situation when the thing sold is the property of a third party or is encumbered with a right of a third party, and if a restriction on the using of thing is clear from the decision or statement of the competent authority.
33. 32. Order - Buyer's declaration of intent made through the store specifying clearly: the type and quantity of the products; type of delivery; type of payment; place of issue of the things, aimed directly to a contract between the Buyer and the Seller.
2. GENERAL TERMS
1. The agreement is in English, in accordance with the Polish law and these regulations.
2. Miejsce wydania rzeczy musi znajdować się na terytorium Rzeczpospolitej Polskiej.
3. The Seller is required and is committed to provide services and deliver items free of defects.
4. All prices quoted by the Seller are expressed in EURO currency and are gross prices (including VAT). The prices do not include the cost of delivery, which is specified in the price list of deliveries.
5. All time limits shall be calculated in accordance with Art. 111 of the Civil Code, that is to say, the period marked in days ends at the end of the last day, and if the beginning of the period marked in days is an event, account shall not be taken of the calculation of the date of the date on which the event occurred.
6. Seller does not charge any fees for the communication with use of means of communication at a distance, and the Buyer shall bear the costs in the amount resulting from the agreement we entered into with a third party provider on behalf of a particular service that allows communication at a distance.
7. The Seller ensures correct operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. Use of third party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the Store, you should disable them all.
8. The Seller applies to Code of Good Practice
9. The Buyer is obliged to:
a. neither deliver nor transfer any content prohibited by law, for example: violent or/and defamatory in nature or violating personal rights and other rights of third parties,
b. use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
c. refrain from actions such as sending or posting unsolicited commercial information (spam) in the Store,
d. using the store in a non-burdensome manner for other Buyers and for the Seller,
e. use any content posted within the Online Store exclusively for personal use.
f. use the Online Store in a manner consistent with the provisions of the law applicable in the Republic of Poland, provisions of hereby Regulations, as well as with the general rules of Internet usage.
§3 Conclusion of the contract and relisation
1. Orders can be placed 24 hours a day.
2. To place an order buyer should do at least the following steps, some of which may be reiterated:
a. addition of the product to the basket;
b. selection of the type of delivery;
c. selection of the type of payment;
d. selection of the place where the item is delivered;
e. placing an order in the store by using the button responsible for purchasing the product.
3. 3. Conclusion of an agreement with a consumer occurs at the moment of order.
4. The order of the Consumer payable on delivery is executed immediately, and the order payable by bank transfer or through the electronic payment system is executed after the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer has not been able to fulfill the benefit not by his fault and has informed the Seller.
5. 5. Conclusion of an agreement with the Customer occurs upon the acceptance of the order by the Seller, which shall notify the Customer within 48 hours of ordering.
6. Execution of Customer Orders payable on delivery commence immediately after the conclusion of the contract, and the contract paid by bank transfer or via electronic payment system is executed after the conclusion of the contract and the payment is Customer's account of the Seller.
7. Execution of Customer orders may be dependent on the effective payment of the whole or part of the value of the contract or obtain trade credit limit by at least value of contract or consent of the Seller to send orders for cash on delivery (paid on receipt).
8. Sending the subject of the contract shall be the date specified on the product page, and for orders of multiple products in the longest period in the pages of certain products. The realization period begins as soon as the contract.
9. The purchased item of the contract is sent together with the sales document selected by the Buyer by the type of delivery to the place indicated by the Buyer in the order, together with the attached attachments referred to in §2 part 6b.
10. In the lukato.eu shop it is possible to make a payment through a trading service. The online payment provider is Blue Media S.A. Payment by trading service gives you the opportunity to pay for your order with a card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro).
For card payments, the order execution time is from the moment you get a positive payment authorization.
In the event of a necessity to refund funds for a transaction made by the customer with a payment card, the Seller will refund to the bank account assigned to the payment card of the Buyer.
paragraf4 Right of withdrawal from the contract
1. The consumer shall be entitled, pursuant to Article 11(1) of Regulation (EC) No 1782/200 27 Consumer law the right to withdraw from a distance contract, without giving a reason and without incurring costs, with the exception of the costs referred to Article 33, Article 34 Consumer law.
2. 2. The date of withdrawal from a distance contract is 14 days from the date of delivery of goods and to maintain the deadline, you must send a statement before its expiry.
3. The Consumer may make a declaration of withdrawal on a form which is Annex 2 to Consumer Law, on a form available at lukato.eu/zwroty-i-reklamacje or in any other form in accordance with consumer law.
The Customer may send the above statement either to the Seller's mailing address or by electronic means to: firstname.lastname@example.org
4. The Seller shall immediately confirm the Buyer by e-mail (on address given at the conclusion of the contract and the other if it was given in her declaration) receipt of the declaration of withdrawal.
5. In the event of withdrawal of the contract, the contract shall be considered null and void.
6. The Buyer is required to return the goods to the Seller immediately, but not later than 14 days from the date of withdrawal of the contract. To comply with this deadline Buyer returns the items before its expiry.
7. The Buyer sends things which are the subject of the withdrawn contract at his own expense and risk. The product should be returned unchanged, with intact tags attached, along with proof of purchase
8. The consumer is responsible for the reduction in value of the property which is the subject of the contract as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
9. Seller shall promptly, but not later than 14 days from the date of receipt of notice of withdrawal from the contract made by the Consumer, return all payments made by him, including the cost of delivery of the goods, and if the consumer has chosen delivery method other than the cheapest normal delivery offered by the Seller, the Seller does not return the extra cost to the consumer in accordance with Article 33 of Consumer Law.
10. The Seller shall refund the payment using the same method of payment, as the consumer, unless the consumer has expressly agreed to another payment method that does not involve him any costs.
11. The Seller may withhold the refund of the payment received from the consumer to the receipt of the item back or delivery by the Consumer of the evidence of its return, depending on which event occurs first.
12. The consumer shall not have the right to withdraw from the contract in which the item is non-prefabricated, manufactured to the consumer's specifications or intended to satisfy his individualised needs.
1. It is the seller's responsibility to deliver things without defects.
The seller pursuant to Article 558 §1 of the Civil code is released from the responsibility to Customers for physical and legal defects (warranty).
2. The Seller is liable towards the Consumer under the terms of art. 556 of the Civil code and the following for defects (warranty).
3. The consumer if the item sold has a defect, may:
a. make a statement about the request to reduce prices;
b. make a declaration of withdrawal unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free or removes the defect. However, if the thing was already replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the item for the one free from defects or to remove the defect, the Consumer is not entitled to have the item replaced or the defect removed.
4. The consumer may instead proposed by the Seller removal of defects require the exchange of things to free from defects or instead of replacing things require removal of defects, unless bring things into conformity with the contract in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby the assessment of these costs are taken into account value of the goods free of defects, the nature and importance of the defects, and also takes into account the inconvenience to which subject the Consumer otherwise meet.
5. The consumer can not withdraw from the contract if the defect is irrelevant.
6. The consumer if the item sold has a defect, may also:
a. demand the exchange of things with defects-free;
b. request the removal of the defect.
7. The Seller is obliged to replace the defective thing for free from defects or remove the defect within a reasonable time without undue inconvenience to the Consumer.
8. The Seller may refuse the fulfill consumer claim, if bringing into conformity with the contract of things flawed in a manner chosen by the buyer is impossible or in comparison with other possible way to enforce compliance with the agreement would require excessive costs.
9. The Consumer who claims the warranty rights is obliged at the Seller's expense to deliver the defective item to the complaint address.
11. The costs of replacement or repair shall be incured by the Seller.
12. The Seller shall be obliged to accept the defective goods from the Consumer when replacing things with free from defects or withdrawal.
13. The seller will, within fourteen days, respond to civil code-based: statements of request for a reduction in the price, demands for the exchange of goods for free from defects, a demand for the removal of the defect. The seller shall, within thirty days (Article 7a of consumer code), address any other consumer statement not covered by the term fourteen days specified in the Civil Code. Otherwise, it is believed that Seller considered reasonable statement or request of the Consumer.
1. 1. The administrator of databases of personal information provided by the Consumer of the shop is the seller.
2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Act on the provision of electronic services of 18 July 2002. The Buyer, providing his personal data to the Seller, when placing an order, agrees to their processing by the Seller, in order to fulfill the order placed. The Buyer is entitled to access, modify, update, or delete his personal data at any time.
§ 7 Final provisions
1. Nothing in these terms and conditions is intended to violate the Rights of the Buyer. Nor can it be interpreted in this way, since in the event of non-compliance with applicable law, the Seller declares absolute compliance and application of that right in place of the contested provision of the Terms and Conditions.
2. About the changes to the regulations and their scope registered Buyers will be notified electronically (on e-mail indicated at the time of registration or order). Notification will be sent at least 30 days before the entry into force of the new regulations. The changes will be introduced in order to adapt the regulations to the law in force.
3. The current version of the terms and conditions is always available to the Buyer in the terms and conditions tab (lukato.eu/regulamin). In the course of the contract and throughout the period of the after-sales care, the Buyer is subject to the regulations he or she approved when ordering. Except when the consumer finds it less favorable than the current and inform the seller about the selection of the current as applicable.
4. In matters not regulated by these Terms and Conditions, the relevant applicable legal provisions shall apply. Any disputes, if the Consumer prefers so, are solved by the way of mediation proceedings before the Provincial Inspectorates of the Trade Inspection or by the proceedings before the arbitration court at the Regional Inspectorate of Trade Inspection. The Consumer may also use the equivalent and lawful methods of pre or extra-judicial settlement of disputes, for ex. through the EU ODR Internet platform or by choosing any authorized entity from those appearing in the OCCP register. The Seller declares the intention and consent to the non-judicial resolution of any consumer dispute.
In the last resort the matter is resolved by the court jurisdiction applicable to place and matter.