These Terms and Conditions specify the rules for shopping at the online shop run by the Seller at the following address: www.laczapakabra.pl

 

The Seller is the following company

Katarzyna Przybysz-Gaworska seated in Wrocław at Zelwerowicza 18a. Registered under the Taxpayer Identification Number (NIP): 615 189 10 00, National Business Registry Number (Regon): 021113280, interchangeably further referred to as “Service Provider”.

 

 

The Service Provider may be contacted at:

- the telephone number: 607 202 847.

- the e-mail address: kontakt@laczapakabra.pl

 

§ 1 Definitions

 

  1. Terms and Conditions – these terms and conditions. In the scope of services provided by electronic mail, the Terms and Conditions are the terms and conditions specified in Article 8 of the Act on services provided by electronic mail dated 18th July 2002 (Polish Journal of Laws of 2002, no. 144, item 1204, as amended).

  2. Customer – an natural person, legal person or organizational unit, without legal personality and with legal capacity, placing Orders at the Online Shop pursuant to the provisions hereof.

  3. Consumer – a Customer being a natural person, using the Online Shop for a purpose other than directly related to their economic or vocational activities.

  4. Service Provider – the entity providing sale services via the Online Shop pursuant to the provisions hereof.

  5. Transaction Subject – the Commodities specified and described on the Online Shop website.

  6. Commodity – a movable presented at the Online Shop, being the subject matter of the Sale Agreement.

  7. Sale Agreement – a Commodities sale agreement as defined in the Polish Civil Code Act, concluded by and between the Service Provider and the Customer by means of the Online Shop.

  8. Online Shop (Shop) – the Internet portal available at www.laczapakabra.pl by means of which a Customer may place an Order.

  9. Order – the Customer’s statement of will unambiguously specifying the type and amount of Commodities and leading directly to the conclusion of a Sale Agreement.

 

§ 2 General Rules

 

  1. These Terms and Conditions specify the rules for using the online shop available at www.laczapakabra.pl.

  2. A Customer may place an Order at the Online Shop provided that they become acquainted with these Terms and Conditions and accept their provisions while the Order is being completed.

  3. The www.laczapakabra.pl online shop conducts retail sale by means of the Internet.

  4. All the Commodities offered at www.laczapakabra.pl are brand new, provided in the original packaging, free from physical or legal defects and were legally entered into the Polish market.

  5. Due to the technical requirements necessary for cooperation with the ICT system used by the Service Provider for the purpose of sale, the Customer should have an active e-mail account and a device connected to the Internet.

  6. The Customer is obliged not to send any contents prohibited by the provisions of law, e.g. any contents promoting violence, defaming or infringing personal rights and other rights of third persons.

 

§ 3 Placing Orders

 

  1. All the prices provided on the websites are gross prices in PLN. The prices do not include shipment costs.

  2. Orders are collected via the website.

  3. Orders placed via the website may be placed 24/7, throughout the year.

  4. An order is valid if the Customer correctly fills the form and provides their contact data, including the correct address to which the Commodity is to be shipped, along with the telephone number and the e-mail address.

  5. If the data is incomplete, the Seller will contact the Customer. If it is not possible to contact the Customer, the Seller is entitled to cancel the Order.

  6. The Customer receives the order with a fiscal receipt or, upon request, a personal invoice.

  7. While placing the Order, the Customer may give their consent for storing their personal data at the Service Provider’s Online Shop database for the purpose of processing such data in connection with the Order completion. Should the Customer give such consent, they shall be entitled to inspect and correct their data, as well as request its deletion.

  8. The Customer may choose to consent to the saving of their data by the system in order to facilitate the process of placing another Order. For that purpose, the Customer should provide their login and password necessary for accessing their account. The Customer’s login is the e-mail address they provide. The password is a string of characters specified by the Customer. The Customer’s password is not known to the Seller and the Customer is obliged to keep it secret and protect it against unauthorized third party access.

  9. After the Customer places an order successfully, they receive an automatic response from the shop confirming the order receipt.

  10. The order completion time commencement coincides with the moment when the payment is credited to the bank account specified in the order confirmation – in the case of payment via a bank transfer, or with the moment of the order placement – in the case of payment via a card or “cash on delivery”.

 

§ 4 Costs and Delivery Terms

 

  1. The commodity is shipped to the address provided in the order form. The Shop shall notify the Customer about an incorrectly filled order form which makes the shipment impossible or delayed.

  2. The commodities are delivered by means of a courier company or Poczta Polska, the Polish national mail services provider. In some cases it is possible to collect the commodities in person at a place specified by the Service Provider.

  3. The package is sent in accordance with the delivery time specified next to each Commodity on the portal’s pages. This is an approximate delivery time and applies to orders with the “cash on delivery” option. When choosing the “bank transfer” or “card payment or online transfer” payment option, the time provided on the portal’s pages should be increased by the time necessary for the funds to be credited to the shop’s bank account (usually 1-2 business days).

  4. The Customer is charged with the shipment costs specified on the delivery pricelist. The Customer may see the pricelist at any time by clicking the “cennik transport (delivery pricelist)” link.

 

§ 5 Payments

 

We issue a receipt or a personal proof of purchase (an invoice) per each commodity sold. It is possible to pay for the ordered commodity upon delivery (while the commodity is delivered), by means of an electronic payments system (PayPal, PayU) or by means of a bank transfer to the shop’s bank account.

 

§ 6 Withdrawal from the Agreement

 

  1. A Consumer who entered into an agreement remotely is entitled to withdraw from such an agreement without a cause by making an appropriate declaration in writing or by electronic mail, within 10 days (legal basis: Article 7 point 1 of the Act on the protection of certain consumer rights and the liability for damage caused by a dangerous product dated 2nd March 2000, Polish Journal of Laws no. 22, item 271, as amended). This time period is the deadline and shall be counted from the handout of the product.

  2. In the case of withdrawal from a remote agreement, the agreement is deemed not to have been concluded. Anything the parties have provided shall be returned unchanged.

  3. The return shall be made immediately, not later than within 14 days. Before the return it is necessary to contact the Service Provider in order to express the wish to make a return and to obtain further information. Any commodity bought should be returned to the Service Provider’s address.

 

§ 7 Complaint Procedure

 

  1. Complaints shall be sent to the e-mail address of the Service Provider.

  2. While making a complaint, it is necessary to contact the Service Provider and deliver to the Service Provider the product being the subject of the complaint, along with the proof of purchase.

  3. The Service Provider shall consider each complaint within 14 days from the day the complaint is made. Should the Service Provider resolve the complaint in favor of the Customer, the Service Provider shall repair or exchange the defective commodity for a new sterling commodity or shall return to the Customer the monetary value of the bought commodity.

  4. If the commodity is not compliant with the agreement, the Customer may request that it is restored to a condition compliant therewith by means of a free repair or exchanging it for a new one, unless the repair or exchange are not possible or require excessive costs. The excessiveness of costs is assessed on the basis of the value of a commodity compliant with the agreement and the type and degree of the discovered non-compliance. (The Act on the specific conditions for consumer sale and on the Polish Civil Code change dated 27th July 2002).

  5. The Customer loses the rights specified in section 4 of this paragraph if the Customer does not inform the Shop that the commodity is not compliant with the agreement within two months from such a finding. The due date shall be met if the notification is sent before this time period ends.

 

§ 8 Privacy Policy and Personal Data Protection

 

  1. The Service Provider is the administrator of the bases containing the personal data provided by the online shop customers in relation to their shopping activities.

  2. The personal data is used for the purpose of performance under sale agreements; therefore, the data may be transferred to the entities responsible for delivering the purchased goods to the Customer. The Customers are entitled to access their data and have them corrected. The data is provided voluntarily.

  3. Notice on the methods and technical means used for finding and correcting errors in the entered data:

    1. During the order placement procedure, until the “Złóż zamówienie (Place an order)” button is pressed, Customers having an account at the Online Shop are able to correct the entered data on their own by simply editing their account profile.

    2. It is also possible to verify the data or correct the Order by sending an e-mail to the Service Provider at kontakt@laczapakabra.pl

    3. By using the available options, the Customer is able to change the data entered while creating an Account, at any time.

  4. Notice on the rules for and means of recording, securing and making available by the Service Provider to the other party the contents of the concluded agreement:

    1. The contents of the concluded agreement are recorded, secured and made available by means of sending an appropriate e-mail after the Sale Agreement has been concluded.

    2. The contents of the concluded Sale Agreement are recorded, secured and made available by sending the contents of the concluded agreement to the e-mail address provided by the Customer or by providing the Customer with the Order specification and the proof of purchase.

    3. The contents of the concluded agreement are also recorded and secured in the Service Provider’s ICT system and made available at each request of the Customer.

 

§ 9 A Change of the Terms and Conditions

 

  1. Customers who have an account at the Shop shall be notified about a change of the Terms and Conditions by e-mail.

  2. If the Shop’s Terms and Conditions have changed since the last login, the Customer does or does not accept the changed provisions. If the Customer does not accept the Terms and Conditions, especially after a change has been made thereto, shopping at the Online Shop is not possible.

  3. A Customer who does not accept the changes made to the Terms and Conditions is entitled to delete their account at any time.

  4. The orders placed by Customers before the change of the Terms and Conditions shall be carried out in accordance with the previous provisions of the Terms and Conditions.

 

§ 10 Final Provisions

 

  1. In any matters not regulated by these Terms and Conditions the following provisions shall apply: the Act on the protection of certain consumer rights and the liability for damage caused by a dangerous product dated 2th March 2000 (Polish Journal of Laws of 2000, no. 22, item 271, as amended), the Act on the particular conditions of consumer sale and on the Polish Civil Code change dated 27th July 2002 (Polish Journal of Laws of 2002, no. 141, item 1176, as amended), and the Polish Civil Code Act dated 23rd April 1964 (Polish Journal of Laws of 1964, no. 16, item 93, as amended).

  2. Any disputes resulting from the application of these Terms and Conditions and, hence, the performance of the agreements concluded by and between the Shop and the Customers shall be settled by a competent court of law pursuant to the provisions on subject-matter and territorial jurisdiction in accordance with  the Polish Code of Civil Procedure Act dated 17th November 1964 (Polish Journal of Law no. 43, item 296, as amended).