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Regulations of the online store

1.Administrator/Seller – Piotr Pabjańczyk –known as LACERTA PREDSIĘBIORSTWO PRODUKCYJNO-HANDLOWO- USŁUGOWE PIOTR PABJAŃCZYK with its registered office in Zgierz, ul. Łódzka 107, 95-100 Zgierz , entered into the Central Register and Information on Economic Activity, NIP number 7320008834, and REGON number: 471036266, owner and administrator of lacertasklep.pl online store https://lacertasklep.pl

2. The regulations hereby  define the rules of the Store’s functioning, including the rules for placing orders for the products available in the Store, registration and account usage and the rights and obligations of the Client and Administrator,

3. The Client can contact the online store via email address: This email address is being protected from spambots. You need JavaScript enabled to view it. or phone on +48 605 371 517 from Monday to Friday 10.00-16.00.

4. Adminstrator of personal data is– Piotr Pabjańczyk –known as LACERTA PREDSIĘBIORSTWO PRODUKCYJNO-HANDLOWO- USŁUGOWE PIOTR PABJAŃCZYK with its registered office in Zgierz, ul. Łódzka 107, 95-100 Zgierz , entered into the Central Register and Information on Economic Activity, NIP number 7320008834, and REGON number: 471036266.

  • 1. Definitions

Customer- person or entity which uses the online Store , and especially which orders products available in the Store in accordance with the principles specified in these Regulations;

Store – online store operated by the Administrator, accessible through a dedicated website: lacertasklep.pl 

Client - being a natural person who makes purchases in the Store in the scope not directly related to the person’s business or professional activity (pursuant to Art. 221 of the Act of 23 April 1964 of the Civil Code, Journal of Laws 2014, item 121, uniform text, as amended);

Product – products delivered by the Seller, presented in the Store, which may be the subject of sale agreement;

Account – collection of resources in the information and communication system of the Seller, marked with an individual name (login) and password provided by the Client, where the data provided by the Client and information concerning his/her placed orders in the Store are collected.

Personal Data- Client's data thanks to which the Client can contact the online Store: email address This email address is being protected from spambots. You need JavaScript enabled to view it. or phone from Monday to Friday between 10.00-16.00 on +48 605 371 517. Sale Agreement- agreement on the sale of the Product within the meaning of the regulations of the Civil Code, and the Regulations hereinafter oncluded between the Seller and the Client, with the use of the Store’s website.

Regulations – the Regulations of the Lacerta online store   

 

  • 2. General information

1.Each Client has free and unlimited Access to Regulations available on the store website and in the PDF form.

2. Information about Products available on the online store such as photo, descriptions, prices constitute an invitation to conclude an agreement in accordance with Art. 71 of the Civil Code.

3.Photos and descriptions are to show specific Products.

4.To use the Store, including product browsing and placing orders for the products available in it, it is necessary to have: 1) computer, laptop, multimedia device with an access to the Internet; 2) active electronic mail address (e-mail address) 3) web browser, such as Internet Explore min. 10.0 version , Mozilla Firefox, min. 17.0 version or Google Chrome min. 23.0 version, Opera min. 12.0 version, Safari min. 5.0 version; 4) recommended display resolution 1024x768.

5. It is forbidden :

a. the Client uses the Store and does not respect personal goods, copyrights, and intellectual property of the Seller and third parties.

b.the Client interferes in the Store’s content

c.the Client undertakes any action which could influence the proper functioning of the Store, including the interference in its technical elements

d.the Client provides unlawful content and 

e.the Client uses the Store for other purposes than it was originally created for, especially including spamming, or for example running commercial, advertising, or promotional activities.

  • 3. Orders and Sale Agreement

1.The Client may enter the Sale Agreement on the Store website and the Seller provides services described in Regulations.

2.In order to register the Account, and enter the Sale Agreement on the Store website, the Client must have an active electronic email Account.

3The Client needn’t open the Account to place an order on the online Store.

4.The Client may place an order online for the chosen Product 24 (twenty four ) hours 7

 ( seven)days a week.

5.In order to place the order, the Client chooses the Product in the Store – the model, size, quantity. Next the Client purchases it  by using the option “ADD TO BASKET” (or equivalent);with or without the registration -choose the way of delivery; c) provide, in a complete and true manner, the data of the Order’s recipient and the address where the Products are to be delivered or check the option of personal collection, and also provide the contact phone number; d) provide data for invoicing if these are different than the data provided for the Order’s delivery, if the Client needs the VAT invoice to be issued; e) choose the method of payment; f) confirm the Order, including the total price of the Order with delivery and possible additional costs (if such would occur), and the fact of familiarization with these Regulations by clicking the option “Order now and pay” (or other equivalent). Until the moment of the Order placement confirmation – clicking the option „Order now and pay” (or other equivalent) – the Client has the possibility to modify the Order.

6.The Administrator neither controls nor verifies the identification data of the Clients provided by the Clients during the Order placement process. The Client declares, that the data provided during the Order placement process are true. The Administrator may condition the Client’s Order acceptation on the authentication of the provided data in duly justified cases when suspicions that the data is false exist. The Client is obliged to update the data necessary for the Order execution and to immediately inform the Seller about each change of the data which has an influence on the proper execution of the Order.

7.The Order placement by the Client constitutes an offer for the Seller to enter the Sale (purchase) Agreement of the ordered Product/Products in accordance with the Civil Code.

8.After placing the Order, an automatic e-mail will be sent to the e-mail address of the Client provided on the Client’s Account or during the process of Order placement for purchases without registration confirming that the Client’s Order placement is received by the Seller.

9.If the Order’s execution is possible, an e-mail will be sent to the Client’s e-mail address with a confirmation of the Order acceptance for execution. At the moment of the Order acceptance by the Seller, the Sale Agreement between the Seller and the Client is concluded having as its object the ordered Products and is executed under conditions determined by these Regulations.

10.Any additional accessories the models are carrying and /or wearing: belts, bags, shoes, jewellery etc. are not for sale unless this information is included in the sale offer.

  • 4. Registration

1. In order to register in the Store (set up the account) the registration form must be completed in a true and complete manner with the name and surname, address of residence, e-mail address, phone number and password, the Client must also accept the Store’s Regulations and express consent for the processing of personal data to the extent necessary for proper provision of services by electronic means and proper execution of the Client’s Orders.

2. Along with the registration, the Client accepts all provisions of these Regulations and makes a declaration of will and knowledge concerning the contents of these Regulations and fulfillment of all specified in the Regulations requirements and conditions concerning the Client.

3.As a result of correct registration, a free of charge Agreement between the Administrator and the Client on the provision of services by electronic means provided by the Administrator to the Client is concluded in terms of the creation and usage of the Client’s Account on the Store’s website.

4. After the registration in the Store, every logging is made with the use of the data provided in the registration form. The Client gains access to the Account which is assigned to him/her in the registration form after the provision of e-mail address and password in the Store (while jogging in)and may modify his/her data .

  • 5. Delivery

1.The sending of the ordered Products is performed in a specific way on the postal address indicated in the Order by the Client within Poland and outside the country of Poland.

2.The Products are delivered via DPD courier service within Poland. The Seller accepts cash on arrival CAO. If the parcel is despatched outsider the country of Poland, it is foreign shipment. Delivery costs are indicated in the Order form.

3.The Products are delivered from 1 ( one) to 16( sixteen) working days: that means from Monday to Friday, except for banking holidays.

4.The proof of purchase ( receipt or VAT invoice) and withdrawal template form are attached to every parcel.

  • 6. Prices of the products and payments

1.Prices provided next to the Products available in the Store are gross prices expressed in Polish Zloty including VAT.

2.The cost of the Product delivery chosen by the Client of a value indicated in the Order will be added to the amount of the Order. It varies according to delivery and payment form.

3.The prices provided in the Store are binding at the moment of the Order placement by the Client.( Art. 3 Act 10 Civil Code) The information concerning the total amount of the Order, including the cost of all products and their delivery in accordance with the method of delivery chosen by the Client, is introduced to the Client within the frameworks of the Client’s “Shopping basket”, placed order and in the e-mail concerning the Order acceptance for execution sent by the Seller.

4.The Client may choose the following forms of payments for the ordered Products along with delivery costs:

a.wire transfer to the Seller’s bank account before the delivery outside the country of Poland

b.wire transfer with PayU system operated by PayU S.A. company registered in Poznań before delivery within Poland

c.wire transfer with PayU system operated by PayU S.A.  before delivery outside the country of Poland

d.cash on delivery and the due amount is collected by the courier in the collecting points.

5.If the payment chosen in the section 4a for the ordered Products is not credited to the Seller's account within 3 working  days from the Order acceptance for execution, and additionally extra days given by the Seller, the Order is automatically cancelled. The Client can withdraw for the Sale Agreement until the Client gets the infomation from the Seller about sending the Product and contact the Seller on the phone given in Contact Data and it does not breach the rights to withdraw from he Sale Agreement.

6.If the payment chosen in the section 4b for the ordered Products and the Seller already starts processing the order after crediting PayU payment to the Seller's account, not earlier than after sending an automatic message to the Client with confirmation of receiving of the ordered Product chosen by the Client in § 3 art. 10.

7.If the payment chosen in the section 4c for the ordered Products and the Seller already starts processing the order after crediting PayU payment to the Seller's account, not earlier than after sending an automatic message to the Client with confirmation of receiving of the ordered Product chosen by the Client in § 3 art. 10.

8.If the payment chosen in the section 4d for the ordered Products and the Client does not pay on cash on arrival CAO  and additionally extra days given by the Seller, the Order is automatically cancelled. The Client can withdraw for the Sale Agreement in the given time without any consequences and it does not breach the rights to withdraw form the Sale Agreement.

9.The Seller reserves the right to implement changes in the offer of his Products, adding and removal of Products from the offer and carrying out and cancelling promotion actions and sales in accordance with the Civil Code. The right mentioned in the former statement does not influence the Order placed by the Client before the effective date of the change, especially the price, established rules of promotion actions or sales, which are to be executed under the same conditions.

 

  • 7. Complaints

1.If the purchased Products have physical or legal flaw, the Seller bears responsibility towards the Clients for the flaws of the Products in accordance with the provisions of the 556 of the Civil Code( warranty on sale).

2.The Seller guarantees proper functioning of the online Store in accordance with technical knowledge and is obliged to remove the flaws in a reasonable time of the inconvenience made by the Client.

3. If the Product has flaws, the Client can:

a.submit a statement concering the reduction of the price or withdrawal from the Sale Agreement, unless the Seller immediately removes the flaws or exchanges for a new Product free from flaws in accordance with the applicable provisions of law. The limitation does work after 14 days from the date of purchase but if the Product has already been replaced or repaired, or the Seller has  failed to replace the defective or deliver the Product free of flaws to the Client.

b. claim to replace the defective Product for the Product free of flaws or remove the flaw. The Seller is obliged to remove the flaw or replace the Product for the Product free of flaws without any inconveniences to the Client.

4.The Client may, instead of the removal of the flaw proposed by the Seller, demand that the Product be replaced with a Product free from flaws, or instead of the Product replaced, demand that the flaw be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Client or would require excessive costs compared to the method proposed by the Seller. When excessing the costs, the value of the Product free from flaws, the type and significance of the flaw is taken into account, as well as the inconvenience to which the Client would otherwise be exposed.

5.The Seller may refuse to satisfy the Client's claim to replace the Product with a Product free from flaws or to remove the flawif it is impossible to bring the defective Product into compliance with the Sale Agreement in the manner chosen by the Client or would require excessive costs compared to the other possible method of accordance  with the Sale Agreement. . The costs of repair or replacement are borne by the Seller.

6. The Client exercising the rights under the warranty is obliged to deliver the defective Product to the address of the Seller. The cost of delivery is covered by the Seller.

7. The Seller is liable under the warranty if a physical flaw is found within two years of the Products being delivered to the Client. The claim for removal of the flaw or replacement of the Product with a Product free from flaws expires after one year, but if the Client is a Consumer, this period may not end before the expiry of the period specified in the first sentence.In this period, the Client may withdraw from the Sale Agreement or submit a statement on price reduction due to a flaw in the Products. If the Client requested replacement of the Product with a Product free from flaws or removal of the flaw, the deadline to withdraw from the Sale Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the flaw.

8.A complaint may be submitted in a written statement with a description of the flaw and the Products must be returned together with the proof of purchase in the Store, by registered mail or other form of shipment, to the address: ul. Bazylijska 39 G, 95-100 Zgierz, or if the complaint relates to free services provided electronically by the Seller, referred to in the Regulations. The complaint may be submitted to the Seller's e-mail address, including a description of the reported problem.

9. The Client will receive information about investigation of the complaint within up to 14 days from the date of the demand claim by the Client.

10. The Seller does not undertake, under these Regulations, to use the out-of-court resolution of disputes referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

 

  • 7. Withdrawal from the Sale Agreement

1.The Client being a Customer has the right  has the right to withdraw from the Sale Agreement concluded with the Seller within 14 days, without a justified reason.

2.The time to withdraw from the Sale Agreement starts for the Sale Agreement for which the entrepreneur forwards the product – from the moment when the Client, or other designated by the Client third party other than the carrier, takes possession of the product.

3.The Client can withdraw from the Sale Agreement by submitting a suitable statement to the postal address: ul.Bazylijska 39g, 95-100 Zgierz or via email to the email address given in Contact Data.

4.The Client can fill in the withdrawal form template attached to the parcel but it is not obligatory. the Client can also fill in any other unequivocal statement sent via email given in Contact Data. In case of electronic mail, the Seller will automatically send the confirmation of receiving the statement.

5.To meet the withdrawal deadline from section 1 hereinbefore, it is sufficient to send the statement before the deadline’s expiry.

6.In case of valid withdrawal from the Sale Agreement, the Sale Agreement is considered as not concluded.

7.If the Client had withdrown of the Sale Agreement before the Seller accepted the offer, the Agreement expired.

8.The reimbursement of the amount due resulting from the withdrawal from the Sale Agreement (such as all payments made by the Client, including delivery costs, with the reservation of section 5 hereinbelow) is performed using the same method of payment as the method used by the Client, unless the Client agrees to another method of reimbursement of the amount due, which does not generate any additional costs for the Client, immediately, not later than 14 days from the date when the statement concerning the withdrawal from the Sale Agreement is received. However, the Seller may suspend the reimbursement of payments received from the Client until the ordered Products are returned to the Seller, or until the proof of the Products’ dispatch is provided, whichever is the sooner.

9. If the Client chose a method of the Products’ delivery other than the least expensive type of standard delivery offered by the Seller, the Seller is not obliged to reimburse additional costs borne by the Client.

10. The Client is obliged to return the Product immediately, not later than 14 days from the date when the statement concerning the withdrawal from the Sale Agreement is received. 

11. In case of valid wthdrawal of the Sale Agreement, the Client being the Customer bears the direct delivery costs of Product return.

12. The Client  bears responsibility for the decrease of the value of the Products resulting from the usage of the Products in a way that extends beyond the necessary manner to state the character, features and functioning of the Product.

  • 9 Other Services provided electronically

1.The Seller, in addition to enabling the conclusion of Sale Agreements via the Store in accordance with these Regulations, also provides the following services by electronic means for customers:

a. Individual Account Service

2.. The Individual Account service is available after registering data in the Store's system on the terms described in paragraph 4 of the Regulations and means providing the Client with an individual panel in the Seller's ICT system, allowing the Clientto use additional functions of the Store's website, such as modifying the Client's data, maintaining the session The Client, after logging in to the Individual Account, storing and sharing order history with the Client, tracking the status of orders.

3. The Client  is entitled at any time to demand that the Store ceases to provide the service indicated in paragraph 1. In this case, the contract for the provision of the Individual Account Service, respectively, is terminated, and the Seller has 14 days to properly delete the Individual Account, subject to the rules for processing personal data of Clients.

  • 10 Personal data protection

1.Personal Data Administrator is the Seller, which conducts processing of personal data of the Clients.

2.The Seller protects personal data of the Clients using appropriate and sufficient technical and organizational means.

  • 11 Final provisions

1.The Regulations shall enter into force on 10 July  2019.

2.The Sale Agreement are drawn up by the Seller in Polish language.

3. The Seller bears responsibility for non-fulfillment or invalid fulfillment of the contrac.In

the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Client who is an Entrepreneur.

                                                       

4. The parties shall aim to amicable settlement of the disputes arising from the agreement concluded on the basis of these Regulations.

5. The Client being the Customer has the following possibilities to use the out-of-court complaint and claim procedures:

a. The Client has the the right to request the permanent consumer arbitration court of the Trade Inspection to resolve the dispute under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. to the Provincial Inspector of Trade Inspection in Łódź;

b.The Client has the right to request the Voivodship Inspectorate for Trade Inspection or by the Permanent Consumer Arbitration Court operating at the appropriate Provincial Inspectorate of Trade Inspection; and

c. The Client may obtain free assistance on the settlement of the dispute between the Client and the Seller, also taking advantage of free assistance of the Poviat (municipal) Consumer Ombudsman or social organisation whose statutory activities cover the protection of consumers (e.g. The Consumers’ Association, The Association of Polish Consumers).

6. Non-acceptance of the Regulations prevents the purchase of the Products offered by the Store. The Store enables the Client to familiarize with the Regulations when placing an order. The Seller will inform the Client about every change of the contents of new Regulations via e-mail address of thr registered Client.The previous provisions of these Regulations will be applied to the Orders placed before the effective date of the change. If the Client does not accept the changes of the Regulations, he/she has the right to withdrawal  Sale Agreement.via email.

7. The law applicable to any disputes arising under these Regulations is Polish law. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other applicable provisions of Polish law.

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