Online Shop Terms and Conditions

Online Shop Terms and Conditions

 

1. Introductory provisions

  1. The La Farfalla online shop, available at the Internet address https://lafarfalla.pl, is run by Anna Dobrzanska conducting business under the name La Farfalla, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the Minister responsible for the economy, NIP 8361785050, REGON 382739054.
  2. These Terms and Conditions are addressed both to Consumers and Businesses using the Shop and defines the principles of use of the Online Shop and the principles and procedures for the conclusion of Distance Sales Agreements with the Customer through the Shop.

2. Definitions

  1. Consumer – a natural person entering into an agreement with the Seller within the Shop, the object of which is not directly related to his business or professional activities.
  2. Seller – a person conducting business under the name La Farfalla, registered in the Central Register and Information on Economic Activity (CEIDG), NIP 8361785050, REGON 382739054.
  3. Customer – any entity making purchases through the Shop.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, doing business in its own name, which uses the Shop.
  5. Shop – online shop operated by the Seller at the Internet address https://lafarfalla.pl.
  6. Distance contract – an agreement concluded with a customer within an organized system of distance contracting (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
  7. Terms and Conditions – these Terms and Conditions of the Shop available at https://lafarfalla.pl/regulamin
  8. Order – Customer’s declaration of will made by means of the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
  9. Account – Customer’s account in the Shop, where the data given by the Customer and information about his/her Orders in the Shop are stored.
  10. Registration form – a form available in the Shop, which allows the creation of an Account.
  11. Order form – interactive form available in the Shop which enables the placement of an Order, in particular by adding Products to a Basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Shopping Cart – an element of the Shop’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order’s data, in particular the number of products.
  13. Product – a movable item available in the Shop / service which is the subject of a Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – a contract of sale of a Product being concluded or concluded between the Customer and the Seller through the Online Store. The Sales Agreement is also understood – depending on the characteristics of the Product – as the agreement for the provision of services and contract for specific work.

3. Contact with the Shop

  1. Seller’s address: Warszawa 01-237, ul. Ordona 12F/49
  2. e-mail address of the Seller: kontakt@lafarfalla.pl
  3. Seller’s phone number: +48 503 114 607
  4. The Seller’s bank account number 97 1050 1025 1000 0092 6636 3044 (PL 97 1050 1025 1000 0092 6636 3044)
  5. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
  6. The Customer may communicate with the Seller by phone between 9 am and 8 pm.

4. Technical requirements

In order to use the Shop, including browsing the Shop’s assortment and placing orders for Products, necessary are:

  1. final device with access to the Internet and a web browser,
  2. active electronic mail account (e-mail),
  3. cookies enabled,
  4. FlashPlayer installed.

 

5. General information

 

  1. The Seller to the fullest extent permitted by law is not responsible for disruption, including interruption to the operation of the Shop due to force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Client’s technical infrastructure.
  2. Browsing through the Shop does not require an Account. Placing orders by the Customer for products in the Shop’s range of products is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal data and address information to enable the processing of the order without creating an Account.
  3. Prices given in the shop are given in Polish zloty and are gross prices (including VAT).
  4. The final (total) amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Shop when placing an Order, including the moment of expressing willingness to be bound by the Sales Agreement.
  5. Where the nature of the subject matter of the Contract does not make it reasonably possible to calculate the final (total) price in advance, information on how the price will be calculated, as well as transport, delivery, postal and other charges shall be given in the Shop in the Product description.

6. Creating an Account in the Shop

  1. In order to create an Account in the Shop, you must complete the Registration Form. It is necessary to provide the following data: login, password, name and surname.
  2. Creating an Account in the shop is free.
  3. Logging into an account takes place by entering a login and password set in the registration form.
  4. The customer can at any time, without giving any reason and without incurring any charges delete this account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

7. Principles of placing an Order

 

In order to place an Order it is necessary to:

  1. log in to the Shop (optionally);
  2. select the Product which is the subject of the Order and then click the “Add to cart” button (or equivalent);
  3. after having selected all the products to be purchased, click on the shopping cart (optionally “order”) in the top right corner of the page to view the summary of your order;
  1. click the “Order” button to proceed to the delivery details form;
  2. complete your address details and click Next to proceed to the Payment form;
  3. choose one of the available payment and delivery methods for your order;
  4. confirm acceptance of the Terms and Conditions;
  5. depending on the method of payment, pay for the order within a specified period, subject to § 8 item 2;
  6. click the “I buy and pay” button and confirm the order.

 

8. Offered delivery and payment methods

 

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  2. Courier delivery;
  3. Courier delivery, shipment with the option of payment on delivery.
  4. The Customer may use the following payment methods:
  5. Payment on delivery (does not apply to pre-sale orders)
  6. Payment by bank transfer to the Seller’s account
  7. Electronic payment
  8. Detailed information on delivery methods and acceptable methods of payment can be found on the pages of the Shop.

 

9. Performance of the Sales Agreement

 

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission by the Customer of an Order using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing an Order the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. At the moment of receipt by the Customer of the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.
  3. In the case of choosing by the Customer:
  4. payment by bank transfer, the Customer is obliged to make the payment within 2 calendar days from the day of concluding the Sales Agreement – otherwise the order will be cancelled.
  5. payment on delivery, the Customer is obliged to make the payment on delivery.
  6. The product will be sent by courier by the Seller within 1-3 business days (subject to item 5 of this paragraph), in the manner selected by the Customer when placing the Order.
  7. A. In the case of ordering Products with different dates, the delivery date is the longest date given.
  1. When ordering Products with different delivery times, the Customer has the option to request the Products to be delivered in parts or all Products to be delivered when the entire order is completed.
  2. The start of the delivery period for the Product to the Customer is calculated as follows:
  3. In the case of choosing by the Customer the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
  4. In the case of choosing by the Customer the payment method on delivery – from the date of the conclusion of the Sales Agreement.
  5. When ordering the Products with different dates of readiness for collection, the date of readiness for collection is the longest specified date.
  6. The start of the deadline for Product readiness for collection by the Customer is counted as follows:
  7. In the case of choosing by the Customer the method of payment by bank transfer to the account of the Seller, electronic payment – from the date of crediting the bank account of the Seller.
  8. Delivery of the Product takes place in Europe.
  9. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of Product delivery (including fees for transport, delivery and postal services) are indicated to the Customer on the pages of the Online shop under “Delivery Costs” and during the placement of the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
  • 10

Right of withdrawal

 

  1. The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
  2. The period specified in item 1 shall begin on the day following the date of delivery of the Product to the Consumer or a person designated by him other than the carrier.
  3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period indicated in item 1 shall run from the day following the date of delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To preserve the deadline for withdrawal from the Agreement it is sufficient to send a statement by the Consumer before the expiry of this period.
  5. The statement may be sent by traditional mail, or electronically by sending a statement to the e-mail address of the Seller or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on a form, a sample of which can be downloaded in .pdf or .docx format. The model statement is also an appendix to the Act of 30 May 2014 on consumer rights, but this is not mandatory.
  6. If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
  7. Effects of withdrawal from the Agreement:
  8. In the case of withdrawal from a Distance Contract, the Contract shall be deemed not to have been concluded.
  9. In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the items, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
  10. Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
  11. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with evidence of having sent the Product back, whichever event occurs first.
  12. The Consumer should send back the Product to the Seller’s address specified in § 3 of these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
  13. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if due to its nature the Product could not be sent back by post in the usual manner.
  14. The Consumer may make a declaration of withdrawal before receiving the goods. In this situation the Seller – if he has already sent the product ordered by the Consumer – has the option

to charge the Consumer the shipping costs.

  1. The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Product.
  2. In the event that due to the nature of the Product it cannot be sent back in the ordinary course of post, information about this, as well as the cost of returning the Product, will be provided in the description of the Product in the Store.
  3. The right to withdraw from the contract concluded at a distance does not apply to the Consumer in relation to the Agreement:
  4. in which the subject matter of the supply is a thing not prefabricated, produced to the Consumer’s specification or serving to meet his individual needs,
  5. in which the subject matter of the supply is an item supplied in sealed packaging which after opening cannot be returned for health protection or hygiene reasons, if the packaging has been opened after delivery,
  6. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision of services that, after the Seller’s performance, he will lose the right to withdraw from the Agreement,
  7. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the end of the deadline for withdrawal from the Agreement,
  8. The Customer may not withdraw from the Contract if the defect is insignificant.

 

  • 11

Complaint and warranty

 

  1. The Sales Agreement applies to new Products.
  2. The Seller is obliged to provide the Customer with the goods free from defects.
  3. In case of defects of goods purchased from the Seller, the Customer has the right to make a claim under the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
  4. Complaint should be reported in writing or electronically to the addresses given in these Regulations of the Seller or using an electronic complaint form, made available by the Seller on one of the subpages of the Shop (link to the .pdf version, to the .docx version)
  5. It is required to include in the complaint, among other things, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer making the complaint, and the Customer’s request in relation to the defect of goods, the method of response to the complaint (method of contact with the Customer), date of purchase of the product, proof of purchase.
  6. The Seller will respond to the complaint immediately, and if the Customer is a Consumer – not later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request is justified.
  7. Goods returned under the complaint procedure should be sent to the address: Warszawa 01-237, ul. Ordona 12F/49, Anna Dobrzańska.
  8. If the Product has a guarantee, information about it, as well as its content, will be included in the description of the Product in the Shop.
  • 12

Out-of-court complaint handling and claim investigation methods

  1. Detailed information about the possibility of out-of-court complaint handling and claim investigation by the Consumer and the rules of access to these procedures are available at the headquarters and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following website addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php ; http://www.uokik.gov.pl/sprawy_indywidualne.php  and http://www.uokik.gov.pl/wazne_adresy.php .

  1. The consumer has the following examples of out-of-court complaint and redress procedures:

 

  1. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
  3. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

 

 

  • 13

Personal data in the Online shop

 

  1. The administrator of customer personal data collected by the Online Shop is the Seller.
  2. Customer personal data collected by the administrator via the Online Shop is collected for the purpose of implementation of the Sales Agreement, and if the Customer agrees – also for marketing purposes.
  3. Recipients of personal data of the Customers of the Online Shop can be:
  4. In case of a Customer who uses postal or courier delivery method in the Internet Shop, the Administrator will make the collected personal data of the Customer available to a chosen carrier or an intermediary performing the delivery on behalf of the Administrator.
  5. If the Customer uses electronic or credit card payment method in the Internet shop, the Administrator shall make available the collected personal data of the Customer to a chosen entity handling the aforementioned payments in the Online Shop.
  6. The Customer has the right to access their data and correct them.
  7. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in inability to conclude this agreement.
  • 14

Final provisions

 

  1. Contracts concluded through the Online Shop are concluded in Polish.
  2. Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of these Regulations. The Seller will inform the Customer about each change by e-mail at least 7 days in advance. The Customer who has already made a purchase has the right not to accept the changes and for this purpose will inform the Seller about the lack of acceptance.
  3. In matters not covered by these Terms and Conditions generally applicable provisions of Polish law apply, in particular: Civil Code; Act on providing services by electronic means; Act on consumer rights, Act on personal data protection.
  4. The Customer has the right to use out-of-court complaint and claim procedure. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .