Terms & Conditions
1. DEFINITIONS
POSTAL ADDRESS: Name and surname or the name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or office number; in the case of a town not divided into streets: the name of the town and property number), postal code, and town.
COMPANY INFORMATION
Lau s.c Marta Gajewska-Sąsiadek, Magdalena Mitońska
ul. Nadwiślańska 11/111
30-527 Kraków
Email: contact@laujewellery.com
Phone: 512 44 77 83
DELIVERY – type of transport service along with specifying the carrier and cost as listed in the delivery price list.
PURCHASE RECEIPT – invoice, bill, or receipt issued in accordance with the Act on Goods and Services Tax of March 11, 2004, with subsequent amendments, and other relevant legal provisions.
PRODUCT CARD – a single subpage of the store containing information about a single product.
CUSTOMER – an adult natural person with full legal capacity, a legal entity, or an organizational unit without legal personality but with the legal capacity to perform legal actions, making a purchase directly related to their business or professional activity from the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964, with subsequent amendments.
CODE OF GOOD PRACTICE – a set of rules of conduct, including ethical and professional norms, referred to in Article 2(5) of the Act on Counteracting Unfair Commercial Practices of August 23, 2007, with subsequent amendments.
CONSUMER – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to their business or professional activity.
SHOPPING CART – a list of products selected from those offered in the store based on the Buyer's choices.
BUYER – both a Consumer and a Customer.
PLACE OF DELIVERY – postal address or collection point specified in the order by the Buyer.
MOMENT OF DELIVERY – the moment when the Buyer or a third party designated by them takes possession of the item.
PAYMENT – The entity providing online payment processing services is Blue Media S.A. In case a refund is necessary for a transaction made by the customer with a payment card, the seller will refund it to the bank account associated with the customer's payment card. Available payment methods:
Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. In case of payment made with a payment card (refund to the bank account linked to the payment card) [e.g., In case of a refund needed for a transaction made by the customer with a payment card, the seller will refund it to the bank account linked to the customer's payment card. For card payments, the order processing time in Poland is up to 3 business days.
CONSUMER LAW – the Act on Consumer Rights of May 30, 2014.
PRODUCT – the minimum and indivisible quantity of goods that can be the subject of an order, which is given in the store by the Seller as a unit of measure when determining its price (price per unit).
SUBJECT OF THE AGREEMENT – products and delivery that are the subject of the agreement.
PERFORMANCE SUBJECT – the subject of the agreement.
COLLECTION POINT – a place of item delivery that is not a postal address, as specified in the list provided by the Seller in the store.
ITEM – a movable item that can be or is the subject of the agreement.
STORE – an online service available at http://laujewellery-pl.stackstaging.com/, through which the Buyer can place an order.
SELLER:
Lau s.c Marta Gajewska-Sąsiadek, Magdalena Mitońska
ul. Nadwiślańska 11/111
30-527 Kraków
NIP: 6793173803 REGON: 381121079
SYSTEM – a set of cooperating IT devices and software, ensuring the processing, storage, sending, and receiving of data via telecommunications networks using the appropriate end device for a given type of network, commonly referred to as the Internet.
REALIZATION PERIOD – the period specified on the product card in hours or working days.
AGREEMENT – an agreement concluded outside the entrepreneur's premises or at a distance within the meaning of the Act on Consumer Rights of May 30, 2014, for Consumers, and a sales agreement within the meaning of Article 535 of the Civil Code Act of April 23, 1964, for Buyers.
DEFECT – both a physical and legal defect.
PHYSICAL DEFECT – non-compliance of the item sold with the contract, in particular if the item:
does not have properties that such an item should have due to the purpose specified in the contract or resulting from the circumstances or destination;
does not have the properties that the Seller has assured the Consumer of;
is not suitable for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to such purpose;
was delivered to the Consumer incomplete.
LEGAL DEFECT – the item sold is owned by a third party or is encumbered with the rights of a third party, and also if the restriction in the use or disposal of the item results from a decision or a judgment of the competent authority.
PARENTAL SUPERVISION – means a child's stay in the company and under the supervision of a parent or guardian.
ACT ON SPECIFIC CONDITIONS OF CONSUMER SALES – the Act of July 27, 2002.
CIVIL CODE – the Civil Code Act of April 23, 1964, with subsequent amendments.
ACT ON ELECTRONIC SERVICES – the Act of July 18, 2002.
ACT ON CONSUMER RIGHTS – the Act of May 30, 2014.
ACT ON COMPETITION AND CONSUMER PROTECTION – the Act of August 29, 2014.
ACT ON PROVIDING SERVICES BY ELECTRONIC MEANS – the Act of July 18, 2002.
ACT ON COUNTERACTING UNFAIR COMMERCIAL PRACTICES – the Act of August 23, 2007.
ACT ON GOODS AND SERVICES TAX – the Act of March 11, 2004.
ACT ON THE RIGHT OF WITHDRAWAL – the Act of May 30, 2014.
2. CONTACT WITH THE SELLER
2.1. POSTAL ADDRESS: Marta Gajewska-Sąsiadek Magdalena Mitońska
ul. Nadwiślańska 11/111
30-527 Kraków
2.2. EMAIL ADDRESS: contact@laujewellery.com
2.3. PHONE NUMBER: 512 44 77 83
2.4. ACCOUNT NUMBER: not applicable.
2.5. HOURS OF CUSTOMER SERVICE: Monday to Friday from 10:00 AM to 5:00 PM.
3. RULES OF USING THE STORE
**3.1. The Seller shall provide services electronically to the Buyers via the Store in accordance with these Terms and Conditions.
**3.2. The condition for using the Store is the Buyer's registration in accordance with the provisions of these Terms and Conditions.
**3.3. Registration is voluntary and free of charge.
**3.4. In order to register, the Buyer should complete the registration form provided by the Seller on the Store's website.
**3.5. The registration is confirmed immediately.
**3.6. The Buyer may terminate the registration at any time without incurring any costs. The Buyer can submit a declaration of termination of the Agreement for the provision of electronic services, in particular, by sending an appropriate statement of intent to the Seller's email address or postal address.
**3.7. The Seller may terminate the registration if the Buyer violates these Terms and Conditions, in particular when the Buyer:
provided during the registration process data that is false, outdated, or violates the rights of third parties;
committed through the Store actions consisting in the transfer of illegal content;
violated the personal rights of third parties through the Store, in particular the personal rights of other Buyers;
systematically violated the rights of third parties through the Store, in particular the personal rights of other Buyers;
repeatedly violated the principles specified in the Terms and Conditions, and despite the call for termination of these violations, he/she continued them.
**3.8. The Buyer who has been removed from the Store's database cannot re-register without the Seller's consent.
**3.9. Goods and services presented on the Store's website do not constitute an offer within the meaning of the Civil Code.
4. RULES FOR PLACING ORDERS
**4.1. To place an order, it is necessary to choose a Product, type, quantity, method of delivery, and method of payment, and to provide data necessary to complete the order.
**4.2. The order can be placed via the Store's website 24 hours a day, 7 days a week.
**4.3. The Buyer may place an order without registration or by registering an account in the Store.
**4.4. When placing an order via the Store's website, the Buyer has the option to modify the data entered, the order's selection, and the data of the recipients, as well as to add and remove the products in the Basket.
**4.5. After placing the order, the Buyer receives an email with the order confirmation to the email address provided during the order process, with the final confirmation of all essential elements of the order.
**4.6. The order is processed in the following languages: Polish, English.
**4.7. The minimum order value is PLN 100.00.
5. PRICES AND PAYMENT METHODS
**5.1. The prices of the Products are given in Polish zlotys (PLN) and include all components, including VAT (with a breakdown of the rate), customs and other components.
**5.2. The total value of the order consists of the price for the Product and the delivery cost (if applicable), which the Buyer selects when placing the order.
**5.3. The Buyer can choose the following payment methods:
Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
**5.4. The payment period for the Product by the Buyer is 3 business days from the date of the Agreement.
**5.5. In the event of a payment by credit card or electronic transfer, the order processing time starts from the moment the Seller receives information about the successful payment.
**5.6. In the event of a delay in payment, the Seller may withdraw from the Agreement.
**5.7. If the Buyer chooses the electronic payment method, they are obliged to pay for the order immediately after placing it.
**5.8. In case of payment made with a payment card, the Seller will refund it to the bank account linked to the customer's payment card.
6. DELIVERY
**6.1. The delivery of the Products is limited to the European Union.
**6.2. The delivery of the Products is carried out to the postal address or collection point specified by the Buyer when placing the order.
**6.3. The delivery period is indicated on the Store's website and depends on the type of Product and the delivery method chosen by the Buyer.
**6.4. The delivery of the Products is subject to payment by the Buyer, unless the Parties agree otherwise.
**6.5. The delivery cost depends on the selected delivery method and is visible in the Cart during the ordering process.
**6.6. The delivery is carried out by the carrier chosen by the Buyer.
**6.7. The risk of accidental loss or damage to the Product passes to the Buyer at the moment of delivery.
**6.8. In case of a delivery by the carrier, the moment of delivery is the moment when the Product is delivered to the Buyer.
7. COMPLAINTS AND WARRANTY
**7.1. The basis and scope of the Seller's liability for non-compliance of the Product with the Agreement are specified in the Civil Code, in particular in Article 556 and subsequent.
**7.2. The Buyer may submit complaints regarding the Goods or the execution of the Agreement to the Seller via e-mail or in writing to the postal address provided in point 2.1 of these Terms and Conditions.
**7.3. It is recommended that the Buyer provides the following in the description of the complaint:
information and circumstances regarding the subject of the complaint, in particular the type and date of the defect;
Buyer's request in connection with the submitted complaint (method of bringing the Product into compliance with the Agreement, price reduction, withdrawal from the Agreement, demand for a refund or replacement of the Product with a defect-free one);
contact details of the complaining party.
**7.4. The Seller shall respond to the complaint immediately, not later than within 14 days from the date of its submission.
**7.5. If the Product has a defect, the Buyer may also file a complaint under the warranty by submitting a statement of the defect to the Seller. The statement can be submitted electronically to the Seller's email address or in writing to the postal address provided in point 2.1 of these Terms and Conditions.
**7.6. The complaint under the warranty should contain the date of submitting the complaint, the Buyer's contact details, a description of the defect, and the Buyer's request.
**7.7. The Seller shall respond to the warranty complaint within 14 days from the date of its submission. If the warranty complaint is accepted, the Seller shall send the Buyer the Product free from defects or reimburse the costs of purchasing the Product in full, and if the defect is not removed, the Seller shall refund the price.
**7.8. Detailed information on the Seller's and manufacturer's warranties, if granted, is available on the Store's website and in the product description.
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
**8.1. The Consumer who has concluded a distance contract may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in points 8.9, 8.13, 8.16 of these Terms and Conditions.
**8.2. The Consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal. To meet the deadline, it is enough to send a statement before its expiry.
**8.3. The declaration may be submitted in writing to the postal address provided in point 2.1 of these Terms and Conditions, or by email to the address provided in point 2.2 of these Terms and Conditions.
**8.4. The Consumer may use the model withdrawal form, which is attached as Appendix 1 to these Terms and Conditions, but it is not obligatory.
**8.5. To keep the deadline for withdrawal, it is enough for the Consumer to send information regarding the exercise of the right to withdraw from the Agreement before the deadline for withdrawal.
**8.6. The deadline for withdrawal from the Agreement is 14 days from the date of delivery of the Product.
**8.7. In the event of withdrawal from the Agreement, the Agreement is considered void.
**8.8. If the Consumer submits a declaration of withdrawal from the Agreement before the Seller accepts his offer, the offer ceases to be binding.
**8.9. The Consumer bears the direct cost of returning the Product.
**8.10. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer all payments received from him, including the costs of delivering the Product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement.
**8.11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
**8.12. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the Product back or until the Consumer provides proof of sending it back, whichever occurs first.
**8.13. The Consumer is obliged to return the Product immediately, but not later than 14 days from the day on which he withdrew from the Agreement, to the address of the Seller provided in point 2.1 of these Terms and Conditions. The deadline is met if the Consumer sends back the Product before the deadline of 14 days.
**8.14. The Consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
**8.15. If the Product, due to its nature, cannot be returned by regular mail, the Seller shall inform the Consumer about the costs of returning the Product on the Store's website.
**8.16. The Consumer is not entitled to withdraw from a distance contract in respect of Contracts:
for the provision of services if the Seller has fully provided the service with the express consent of the Consumer who was informed before the service began that after the service is provided by the Seller, he will lose the right to withdraw from the Agreement;
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 deadline for withdrawal from the Agreement;
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
in which the subject of the service is an item delivered in a sealed package, which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Agreement, and the delivery of which can take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control;
in which the Consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the Consumer or supplies things other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or items;
in which the subject of the service is a sound or visual recording or computer software delivered in a sealed package, if the packaging has been opened after delivery;
for delivering newspapers, periodicals, or magazines, with the exception of a subscription agreement;
concluded through a public auction;
for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the Agreement specifies the day or period of service provision;
for the supply of digital content that is not saved on a tangible medium if the performance began with the Consumer's express consent before the deadline for withdrawal from the Agreement and after being informed by the Seller about the loss of the right to withdraw from the Agreement.
**8.17. The right to withdraw from a distance contract concluded outside the business premises is not granted to the Consumer in relation to contracts:
in which the Consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the Consumer or supplies things other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or items;
in which the subject of the service is a sound or visual recording or computer software delivered in a sealed package, if the packaging has been opened after delivery;
for delivering newspapers, periodicals, or magazines, with the exception of a subscription agreement;
concluded through a public auction;
for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the Agreement specifies the day or period of service provision;
for the supply of digital content that is not saved on a tangible medium if the performance began with the Consumer's express consent before the deadline for withdrawal from the Agreement and after being informed by the Seller about the loss of the right to withdraw from the Agreement.
9. OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES FOR ACCESS TO THESE PROCEDURES
**9.1. Detailed information on the Consumer's possibility of using extrajudicial means of dealing with complaints and pursuing claims and the rules of access to these procedures is available on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following Internet 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.
**9.2. The Consumer has the following exemplary possibilities to use extrajudicial means of dealing with complaints and pursuing claims:
the Consumer has the right to apply to the permanent consumer arbitration court, referred to in Article 37 of the Act of September 15, 2000, on the 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;
the Consumer has the right to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of September 15, 2000, on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller;
the Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
10. RIGHT TO WITHDRAW FROM THE AGREEMENT
**10.1. The Seller shall apply due diligence to provide the Buyer with the opportunity to use the Store's functionality.
**10.2. The Seller shall provide services free from defects.
**10.3. The Buyer is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
**10.4. The Buyer is prohibited from providing illegal content.
**10.5. Complaints related to the provision of electronic services by the Seller and other complaints related to the operation of the Store (excluding complaints regarding the Products) may be submitted by the Buyer via email to the address provided in point 2.2 of these Terms and Conditions.
**10.6. In the complaint, the Buyer should provide their name and surname, correspondence address, type and date of irregularities related to the operation of the Store.
**10.7. The Seller shall consider the complaint within 14 days from the date of its receipt, and if it is impossible to consider it within this period, the Seller shall inform the Buyer about the reasons for the delay and the expected time for considering the complaint.
**10.8. The response to the complaint is sent to the Buyer's email address provided in the complaint or in another manner indicated by the Buyer.
**10.9. In the event of a dispute between the Seller and the Buyer who is not a Consumer, the competent court for resolving the dispute is the court having jurisdiction over the Seller's registered office.
11. PERSONAL DATA PROTECTION
**11.1. The Seller is the administrator of the Buyer's personal data.
**11.2. Personal data of the Buyer are processed in accordance with the applicable provisions of law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") and the Act of May 10, 2018, on the protection of personal data (Journal of Laws of 2018, item 1000, as amended).
**11.3. The Seller processes the Buyer's personal data in order to perform the Agreement, as well as for marketing purposes and for the purpose of sending commercial information to the Buyer if the Buyer agrees to it.
**11.4. Providing personal data is voluntary, but failure to provide personal data prevents the conclusion and performance of the Agreement.
**11.5. The Buyer has the right to access their personal data and the right to rectify, delete, limit processing, the right to data transfer, the right to object, the right to withdraw consent at any time without affecting the legality of processing, which was carried out on the basis of consent before its withdrawal.
**11.6. The Buyer has the right to file a complaint with the supervisory body dealing with the protection of personal data, i.e., the President of the Office for Personal Data Protection.
**11.7. Detailed information on the processing of personal data by the Seller is contained in the Privacy Policy available on the Store's website.
12. FINAL PROVISIONS
**12.1. The Agreement concluded via the Store is concluded in Polish or English.
**12.2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e., changes in the law, changes in payment and delivery methods, security, and privacy of data, as well as for technical reasons - to the extent that these changes affect the implementation of these Terms and Conditions. The Seller shall inform the Buyer about any changes at least 7 days in advance.
**12.3. In the event of a dispute between the Seller and the Buyer who is not a Consumer, the competent court for resolving the dispute is the court having jurisdiction over the Seller's registered office.
**12.4. The law applicable to resolving any disputes arising under these Terms and Conditions is Polish law.
**12.5. The Seller informs that there is a possibility of using out-of-court methods of dealing with complaints and pursuing claims. To access information on this matter, the Consumer should visit the Office of Competition and Consumer Protection's website at www.uokik.gov.pl, in the "Settlements" tab. Information on this website is non-binding and only indicative of the possibility of using such procedures.
**12.6. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular, the Civil Code, the Act on the provision of electronic services, the Act on consumer rights, the Act on specific conditions of consumer sales, and the Act on competition and consumer protection.
**12.7. The Terms and Conditions are available at any time on the Store's website and can be downloaded and printed.
**12.8. The Buyer can also request a copy of the Terms and Conditions by email to the Seller's email address. In this case, the Seller will send the Buyer the Terms and Conditions electronically.
**12.9. The content of these Terms and Conditions may be recorded by printing, saving to a carrier, or downloading at any time from the Store's website.
**12.10. In the event of a dispute between the Seller and the Buyer who is not a Consumer, the Parties will endeavor to resolve the dispute amicably.
APPENDIX 1 – MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the Agreement)
Address: Marta Gajewska-Sąsiadek, Magdalena Mitońska
ul. Nadwiślańska 11/111
30-527 Kraków
email: contact@laujewellery.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),
Ordered on ()/received on (),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.