Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE
1. Whenever the Regulations refer to the terms indicated below, they should be understood by the following:
a) Service Provider – Your Holding, a limited liability company based in Zakrzów 411, 32-003 Zakrzów, entered into the register of entrepreneurs kept byt the District Court of Kraków, Downtown Kraków, XI Economic Department KRS under number 0000516225 KRS, NIP: 7811897335, REGON: 302767363, , telephone 12 362 66 66, e-mail email@example.com;
b) Terms and Condition - this document specifying the conditions for the provision of electronic services by the Service Provider, i.e. the general conditions for the sale of goods and their delivery;
c) Customer – a person who is 18 years of age and has full legal capacity, concluding a sales contract with the Service Provider not directly related to his business or professional activity (consumer within the meaning of the Act of May 30, 2014 r. on consumer rights Dz.U.2014, poz.827), a person, an organization unit without legal personality but capable of acquiring rights and incurring liabilities on its own behalf, an entrepreneur within the meaning of the Act of April 23 1964 of the Civil Code (Dz.U.2014.121 j.t.);
d) Online Store - a website located on the Internet at www.butiklatika.pl intended for the presentation of the Service Provider's offer and for placing orders;
e) Goods – clothing and similar articles sold by the Service Provider on the Online Store;
f) Order – the Customer's declaration of intent leading to the sales contract indicating the Goods of a specific type and quantity selected.
2. These Terms and Conditions are an integral part of the sales contract between the Service Provider and the Customer. The acceptance of the Terms and Conditions is voluntary, but necessary to conclude a sales contract.
3. Information about the Goods on the Online Store's offer constitutes an invitation to conclude a sales contract within the meaning of art. 71 of the Civil Code, in accordance with the regulations.
4. The name and logo of the Service Provider are legally protected goods, any use of them without prior written consent is prohibited.
II. Rules for the implementation of the sales contract
1. The detailed terms of the sales contract are specified in the Regulations, applicable law and any additional individual written arrangements of both parties.
2. The conclusion for the sales contract takes place when the Customer confirms the possibility of completing the order by the Service Provider.
3. To conclude a sales contract, it is necessary that:
a) the Customer familiarizes themselves with the Terms and Conditions and accepts their content;
b) the Customer consents to the processing of their personal data, receiving information generated by the system and information from the Service Provider regarding the implementation of the Order;
c) the Customer correctly submits their Order;
d) the Customer pays for the Goods and the Delivery costs;
e) the Service Provider confirms the Order.
4. By placing an Order, the customer may register at the Online Store by creating an account in the IT system and setting a confidential login and password. When placing further Orders, the Customer may use the previously established login and password for the created account.
5. The Customer is obligated to protect their account information against unauthorized access of their Online Store account.
6. By registering and placing an Order, the Customer declare that:
a) they have read the Terms and Conditions and have accepted their content;
b) the personal information provided by them during the registration process is true;
c) they consent to the processing of the provided data for the purposes related to the implementation of the sales contact;d) they agrees to receive information generated by the system, and information from the Service Provider regarding the implementation of the Order to the e-mail address provided.
7. By creating an account, the Customer agrees to receive commercial and marketing information to the email address provided. The above consent may be revoked at any time.
8. When creating an account the Customer agrees to the electronic services provided by the Service provider which may be terminated at any time by the Customer's declaration via email or in writing to the address provided by the Service Provider.
9. The customer may not introduce illegal content into the system.
III. Placing Orders
1. By placing an Order, the Customer indicates the type and quantity of the Goods for purchase, undertakes their collection and pays their price as listed at the time of purchase.
2. Orders may be placed on the Online store 24 hours a day.
3. Before proceeding with the fulfilment of the Order, the Service Provider confirms that the order was placed.
4. Confirmation of the Order is made by the Service Provider electronically to the address provided by the Customer within 3 working days of placing the Order.
5. In the absence of the confirmation of the placed Order, it is recommended that the Customer immediately contact the Service Provider to ensure proper fulfilment of the order.
6. Orders are processed and delivered from 11:00 am to 7:00 pm on business days and may take up to 3 business days for Orders to be delivered within the territory of the Republic of Poland, and up to 14 business days for Orders delivered abroad.
1. The selling price of Goods visible on the Online Store does not include delivery costs.
2. The final sale price including delivery and other costs (e.g. the cost of payment upon delivery) is indicated on the Order summary page before its final approval.
3. The prices of the Goods as well as the costs of delivery and others are visible on the Online Store; indicated in gross prices, including VAT, customs duties and other fees in the amount specified to the applicable regulations in the currency chosen by the Customer.
4. The sale price should be paid by:
a) traditional transfer to the Service Provider's bank account, provided on the Online Store website within 3 working days from the moment of purchase;
b) by transfer via Prelewy24.pl or PayPal within 3 business days of purchase;
c) at the moment of receiving the delivery.
5. When placing their Order, the Customer chooses their preferred form of payment.
6. If payment is not made within 3 business days of making the purchase (if the customer has not chosen the payment upon delivery option), the order in annulled.
7. The Customer receives a sales document in the form of a receipt or a VAT invoice with the delivery of the Goods, if when placing the Order the Customer expressed the will to receive a VAT invoice and provided the necessary data for this purpose.
1. The Goods ordered will be delivered to the delivery address indicated by the Customer during Order placement.
2. The Service Provider delivers the Goods on their own or through a courier company or postal operator.
3. Delivery costs are indicated on the website of the Online Store and in the Order form and depend on the payment method and type of delivery chosen by the Customer.
4. The delivery of Good takes place on the territory of the Republic of Poland and all other countries indicated on the Online Store website.
5. Orders placed are not processed on Sundays, public holidays as well as other days accepted by the Service Provider's company as non-working days about which information is provided on the Online Store website before the Order is placed by the Customer.
1. The Service Provider undertakes to provide the Customer with Goods free from material and physical defects.
2. A Physical defect of Goods is their non-compliance with the sales contract, when the Goods:
a) do not have properties that this type of Product should have due to the purpose specified in the contract of sale or resulting from the circumstances in which the Goods are being used;
b) do not resemble what the Service Provider has presented to the Customer through samples or patterns;
c) are not suitable for the purpose, that was presented by the Customer to the Service Provider at the time of purchase, and that the Service Provider agreed to;
d) were delivered to the Customer with missing pieces.
3. A complaint about a physical defect or damage to the Product is not liable for return if the Customer was informed of its presence before making their purchase.
4. The differences between the actual appearance of the delivered good and their photo placed on the Online Store do not constitute non-compliance of the Goods with the contract, if they are the result of the individual settings of the Customer's computer (colour, texture, proportions, etc.).
5. In the event of non-compliance of the Goods with the contract, the Customer may submit a complaint in person or in writing to the following address: Zakrzów 411, 32-003 Zakrzów as well as via email at: firstname.lastname@example.org The Customer should then send the Goods back to the Service Provider together with a description of non-compliance to the following address: LATIKA Zakrzów 411, 32-003 Zakrzów.
6. All complaints should be reported immediately after receiving the Goods ordered.
7. The Service Provider examines the complaint within 14 day of its receipt and informs the Customer about the actions taken via email to the address indicated by the Customer, unless the Customer has requested that the decision should be sent in writing to the address indicated by the Customer.
8. Failure of the Service Provider to respond to the complaint with specific actions that will be taken within the time limit indicated above is considered a positive response to the complaint.
9. In the event that Goods need to be sent back to the Service Provider and new Goods need to be sent back to the Customer, the cost of both deliveries will be covered by the Service Provider.
10. If you wish to submit a complaint for orders placed prior 04.06.2020 r. please send the merchandise back to the following address: WEB TRADE Bartłomiej Klebba - w spadku ul. Sportowa 63, 84-123 Połchowo
VII. The right to withdraw from the contract
1. The Customer has the right to withdraw from the sales contract contained in the Online Store on the terms set out below.
2. The Customer may withdraw from the sales contract without giving reasons by submitting a written statement within 14 days from the date of delivery of the Goods. To meet the above deadline, it is enough to inform the Service Provider by email or telephone by day 14 after delivery.
3. In the event of an effective withdrawal from the sales contract, the contract is considered void. The Customer is then obliged to return the purchased Goods (new, with no signs of use), immediately, no later than 14 days from the date of withdrawal. To meet the above deadline, it is enough to return the Goods before its expiry. It is necessary to attach the proof of purchase (receipt or VAT invoice) with the returned Goods.
4. Within 14 days from the date of withdrawal by the Customer from the sales contract, the Service Provider returns all payments made by the Customer back to them, including the cost of product delivery (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method).
5. The Service Provider shall refund what is owed to the Customer using the same method of payment as used by the Customer, unless the Customer has agreed to a different refund method, which not does endure costs on the Service Provider.
6. If the Service Provider has not offered to collect the Goods from the Customer, they may refrain from refunding payment until the Goods are received or until the Customer provides proof of returning the goods, whichever occurs first.
7. If the Customer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Service Provider, the Service Provider is not obliged to reimburse the Customer for additional costs related to withdrawal from the contract.
8. The customer bears only the direct costs of the returned Goods.
9. The Customer is responsible for reducing the value of the Goods as a result of using them in a way that goes beyond what is necessary to determine their quality, functionality etc.
10. The Customer may use extrajudicial means of dealing with complaints and pursuing claims by contacting specialised institutions (e.g. the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings, permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection). Detailed information on out-of-court methods of dealing with complaints and redress, as well as the rules of access to these procedures are available at the offices and on the websites of municipal consumer spokespersons, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and online at the Office of Competition and Consumer Protection: www.uokik.gov.pl.
11. The template of the declaration of withdrawal from the sales contract by the Customer is attached to the Regulations.
VIII. Technical conditions for the use of services
2. The Service Provider informs that using the service may be associated with exposure to computer viruses, the so-called Trojan hoses and spam. In order to prevent such dangers, it is recommended that a careful approach be taken to programs of unknown sources, emails received from unknown senders and to install appropriate software that protects your device against viruses and Trojan horses.
1. Theses Terms and Conditions are valid from 01.01.2016
2. The Service Provider may change the provisions of the Terms and Conditions at any time, and such a change will be available on the Online Store website. Amendments to the Terms and Conditions will apply within 14 days form the date of their publication on the Online Store website.
3. The Customer will be notified of the change to the Terms and Conditions the first time that the Customer logs onto the Online Store website after their change and will have the options to accept or refuse them. Refusal to accept the amended Terms and Conditions will result in the removal of the Customer account.
4. The amendment to the Terms and Conditions will not violate the Customer's acquired rights resulting from orders placed before the change was introduced (the parties are bound by the Terms and Conditions in force at the time of placing the Order by the Customer).
5. These Terms and Conditions are available on the Online Store.
6. In the matters not covered by these Terms and Conditions, the terms of the Civil Code and the Act of May 30, 2014 r. on consumer rights apply (Dz.U.2014 poza.827).
7. Disputes related to the provision of services via the Online Store will be settled by a common court according to general jurisdiction.