L37.EU ONLINE STORE TERMS AND CONDITIONS
L37 ONLINE STORE
TERMS AND CONDITIONS
1. GENERAL TERMS AND CONDITIONS
2. ONLINE SERVICES IN ONLINE STORE
3. TERMS AND CONDITIONS OF CONTRACTING
4. METHODS OF PAYMENT
5. COST, TIME AND TYPE OF DELIVERY
6. TERMINATING CONTRACTS FOR ONLINE SERVICES
8. RIGHT TO WITHDRAW
9. RIGHT TO EXCHANGE
10. BUSINESS CUSTOMERS
- GENERAL TERMS AND CONDITIONS
1.1 The Online Store available on the Web at: www.l37.eu is operated by L37 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a Polish limited liability company with its registered office in Warsaw (registered and correspondence address: ul. Chmielna 21/21, 00-021 Warszawa, Poland); registered in the Business Register of the National Court Register under entry No. KRS 0000462821; the Registry Court having custody of the corporate documents: District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of the National Court Register; share capital of PLN 19,800.00; tax identification No. NIP: 7010381042; statistical No. REGON: 146681870;e-mail address: [email protected]
1.2. These Terms and Conditions are addressed both to consumers and businesses using the Online Store (except section 9, which is directed solely to business customers). The provisions set out in these Terms and Conditions are not intended to exclude or limit any of the consumer rights they otherwise have under the peremptory provisions of law, and any doubts that may arise will be resolved in favor of the consumer. In the event of any discrepancy between these Terms and Conditions and the laws and regulations, the latter shall prevail.
1.4.1. ACCOUNT – an Online Service; a set of resources in the computer system of the Service Provider identified by a unique User-defined name (login) and password, comprising User data, including information on the Orders placed.
1.4.2. CUSTOMER – a User who intends to contract or has already contracted with the Seller.
1.4.3. MERCHANDISE – any movable asset available in the Online Store which is contracted for under a Sale Contract between the Customer and the Seller.
1.4.4. NEWSLETTER – an Online Service; an online distribution service rendered by the Service Provider via e-mail which enables all Users who have signed in to automatically receive each subsequent issue of the newsletter featuring information about the Merchandise to be found in the Online Store.
1.4.5. ONLINE SERVICES – certain services rendered online by the Service Provider to the User through the Online Store.
1.4.6. ONLINE STORE – the Online Store of the Service Provider available on the Web at: www.l37.eu.
1.4.7. ORDER – a declaration of intent made by the Customer using the Order Form and directly aimed at executing a Sale Contract for Merchandise with the Seller.
1.4.8. ORDER FORM – an Online Service; an interactive form available in the Online Store to place an Order, specifically by adding Merchandise to the online basket and specifying the conditions of the Sale Contract, including, but not limited to, the type of delivery and payment.
1.4.9. POLISH CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
1.4.10. REGISTRATION FORM – a form available in the Online Store to create an Account.
1.4.11. SALE CONTRACT – a sale contract for Merchandise to be executed between the Customer and the Seller through the Online Store.
1.4.12. SELLER, SERVICE PROVIDER – L37 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a Polish limited liability company with its registered office in Warsaw (registered and correspondence address: ul. Chmielna 21/21, 00-021 Warszawa, Poland); registered in the Business Register of the National Court Register under entry No. KRS 0000462821; the Registry Court having custody of the corporate documents: District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of the National Court Register; share capital of PLN 19,800.00; tax identification No. NIP: 7010381042; statistical No. REGON: 146681870; e-mail address: [email protected]
1.4.13. TERMS AND CONDITIONS – these Online Store Terms and Conditions.
1.4.14. USER – any natural person fully capable of entering into legal transactions, and under circumstances provided for by the generally applicable laws, also any natural person with a limited capacity to enter into legal transactions; or a corporate entity or an unincorporated entity with legal capacity conferred by statute who uses the Online Services.
1.4.15. WORKING DAY – one day between Monday and Friday, except public holidays.
- ONLINE SERVICES IN ONLINE STORE
2.1. The following Online Services are available in the Online Store: Account; Order Form and Newsletter.
2.1.1. Account: you can start using an Account after completing all the three steps in sequence as follows: (1) fill in the Registration Form; (2) click the “Register” button; and (3) confirm your intention to create an Account by clicking the confirmation link sent to the e-mail address you have submitted. The following User information is required to be typed in the Registration Form: e-mail address and password.
2.1.2. Order Form: you start to use the Order Form upon adding the first item of Merchandise to the online basket in the Online Store. Your Order is placed after you have completed the following two steps in sequence: (1) fill in the Order Form; and (2) click the “Place an Order” button; up to that point you can modify the data being entered yourself (to do so, follow the messages shown on your screen and the information available on the Online Store website). The following information is required to be typed in the Order Form: name/business name; address (street, number, flat/apartment, postal code, town/city, province/state, country), e-mail address; contact phone; items, quantity and type of Merchandise, size (optional), place and type of delivery, and method of payment. For Users not being consumers it is necessary to provide also the business name and tax identification number. If you use the option to design your Merchandise yourself, you are also requested to state the type and color of leather, heel trim and ribbon, and embroidery (optional).
2.1.3. Newsletter: you start using the Newsletter after completing all the following three steps in sequence: (1) type the e-mail address you wish to have each subsequent Newsletter sent to in the “newsletter” field provided on the Online Store website; (2) press the “Enter” key on your keyboard; and (3) confirm your intention to sign in for the Newsletter by clicking the confirmation link sent to the e-mail address you have submitted.
2.2. The User can use the Online Services free of charge.
2.2.1. The Account and Newsletter in the Online Store are provided for an indefinite term.
2.2.2. The Order Form is designed for single uses and each such use is considered finished once the Order is placed by using the Form.
2.3. Technical requirements necessary to support the computer system used by the Service Provider:
2.3.1. An Internet enabled computer, laptop or any other multimedia device.
2.3.2. Access to an e-mail account.
2.3.3. Web browser: Mozilla Firefox 11.0 or higher; or Internet Explorer 7.0 or higher; Opera 7.0 and higher; or Google Chrome 12.0.0 or higher.
2.3.4. The recommended minimum screen resolution: 1024 x 768.
2.4. The User is obliged to use the Online Store in compliance with the law and good practice and with due respect to the personal interests and intellectual property rights of any third parties.
2.5. The User is obliged to enter true and accurate information.
2.6. The User is prohibited from submitting any unlawful content.
- TERMS AND CONDITIONS OF CONTRACTING
3.1. Any notices, advertisements, price lists or other information about the Merchandise provided on the web pages of the Online Store, especially the descriptions, technical and performance specifications and prices, are invitation to contract as defined in Art. 71 of the Polish Civil Code.
3.2. The prices for our Merchandise displayed on the Online Store website are quoted in Polish zloty (PLN) and are inclusive of all components such as VAT and customs duties, as applicable. However, the prices are exclusive of any costs of delivery or payment, which are quoted during the Order placement process.
3.3. The price shown on the Online Store website for an item of Merchandise is valid and binding at the time of placing an Order by the Customer. That price will not change regardless of any changes in prices in the Online Store that may occur with respect to particular items of Merchandise after the Customer has placed his/her Order.
3.4. Contracting through the Order Form
3.4.1. To execute a Sale Contract, the Customer is required to place an Order first.
3.4.2. The Seller immediately acknowledges an Order upon its placement, whereby the Customer becomes bound by his/her Order, and the Seller accepts it. The Order is acknowledged and accepted by sending an appropriate e-mail to the Customer’s e-mail address provided during the Order placement process. Such an e-mail contains at least the confirmation of all essential details of the Order and the Seller's acknowledgement of receipt and acceptance of the Order. A Sale Contract is made between the Customer and the Seller the moment the Customer receives the e-mail as aforesaid.
3.5. The tenor of the Sale Contract executed is recorded, preserved and distributed to the Customer by (1) publishing these Terms and Conditions on the Online Store website; and (2) sending a confirmation e-mail to the Customer, as described in subpar. 3.4.2.; as well as by (3) enclosing a proof of purchase and specifications of the Sale Contract made with the shipment. The tenor of the Sale Contract is also recorded and preserved in the computer system of the Seller’s Online Store.
4.RULES OF USING THE GIFT CARDS
4.1. The validity of the gift cards
4.1.1 Gift Cards have the validity of 3 (three) months from the date of their purchase, during this period the Cardholder is eligible to use it online or in shop.
4.2. Gift Cards have the validity of 3 (three) months from the date of their purchase, during this period the Cardholder is eligible to use it online or in shop.
4.2.1. Very important the product can not be cheaper than the face value of the Gift Card. In exchange for the Gift Card the cardholder can purchase goods of the value of the Gift Card face value or pay a part of the price asked at the till. We do not refund the difference for the goods chosen that are cheaper than the face value of the Gift Card.
4.3. Gift Cards returns
4.3.1. Gift Cards received as gifts are not refundable.
- METHODS OF PAYMENT
5.1. The Seller offers the following methods of payment:
5.1.1. Cash on delivery.
5.1.2. Bank transfer to the bank account of the Seller.
220.127.116.11. Bank: Bank Zachodni WBK S.A.
18.104.22.168. Account #: 33 1090 1883 0000 0001 2097 1585.
5.1.3. Electronic payments and payments by payment card through PayU.pl; the methods of payment currently available are specified in the “Payment Methods” tab on the Online Store website and athttp://www.payu.pl.
5.2. Electronic payment and payment card transactions, as selected at the Customer’s discretion, are processed through PayU.pl.
5.3. Electronic payments and payments by payment card are processed by:
5.3.1. PayU.pl operated by PayU S.A. based in Poznań (registered address: ul. Grunwaldzka 182, 60-166 Poznań, Poland), registered in the Business Register of the National Court Register under entry No. KRS 0000274399; registration records kept by the District Court for Poznań – Nowe Miasto i Wilda in Poznań; share capital of PLN 4,000,000 fully paid-up; tax identification No. NIP: 779-23-08-495.
- COST, TIME AND TYPE OF DELIVERY
6.1. The Seller offers the following types of Merchandise delivery or collection:
6.1.1. Courier service; courier service cash on delivery.
6.1.2. Collection in person at the following address: ul. Chmielna 21/21, 00-021 Warszawa, Poland, upon prior arrangement.
6.2. The costs of delivery, if any, will be quoted during the Order placement process. They depend on the type of delivery and method of payment of the Customer’s choice. The costs of delivery are also quoted in the Delivery tab on the Online Store website.
6.3. Unless a shorter time is stated in the description of a particular item or during the Order placement process, the delivery time for Merchandise is up to 16 Working Days. The delivery time is to be counted as follows:
6.3.1. If the Customer elects to pay by bank transfer, electronic payment or by payment card, from the date of crediting the bank account or settlement account of the Seller.
6.3.2. If the Customer elects to pay by cash on delivery, from the date of contracting.
- TERMINATING CONTRACTS FOR ONLINE SERVICES
7.1. The Service Provider and the User may terminate the contract for the provision of Online Services at any time by mutual agreement.
7.2. Termination of the contract for Online Services:
7.2.1. An indefinite contract for the provision of continuous Online Services (such as an Account) may be subject to termination.
7.2.2. The User may terminate the contract for Online Services without reason by sending a relevant notice via e-mail to: [email protected] or in writing addressed to: ul. Chmielna 21/21, 00-021 Warszawa, Poland. In such a case, the contract will expire 7 days after the date of such notice stating the intent to terminate (period of notice), unless a shorter period of notice is agreed upon by the parties.
7.2.3. For Users who are consumers, the Service Provider may terminate the contract for Online Services if the User continuously and flagrantly violates the Terms and Conditions, including, but not limited to, by submitting unlawful content, after the User has been requested, at least once, to cease or remove such violations and has been given reasonable time to do so but failed to comply. Such a violation of the Terms and Conditions must be objective and illegitimate in nature. In such a case, the contract for Online Services will expire 14 days after the Service Provider has served a notice stating its intent to terminate on the User (period of notice).
7.2.4. For Users who are not consumers, the Service Provider may terminate the contract for Online Services with immediate effect and without reason by sending a relevant notice to the User.
8.1. Complaints of non-conformity:
8.1.1. The legal basis for and the scope of the Seller’s liability to the Customer who is a natural person buying Merchandise for non-professional and non-business purposes, for non-conformity of the Merchandise with the Sale Contract, are specifically provided in the Act on Specific Terms and Conditions of Consumer Sale and Amending the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended).
8.1.2. Any notices of non-conformity and related requests can be made via e-mail to: [email protected] or in writing addressed to: ul. Chmielna 21/21, 00-021 Warszawa, Poland. The Merchandise must also be delivered to the above address if feasible or necessary to assess its non-conformity with the Contract.
8.1.3. The Seller shall respond to the Customer’s request immediately, however, no later than within 14 days. Unless otherwise indicated by the Customer, the reply to a complaint will be sent to the address provided by the Customer.
8.1.4. For Merchandise additionally being under warranty, the Seller represents that the warranty for consumer goods sold does not exclude, limit or suspend any rights the buyer may otherwise have on the grounds of non-conformity.
8.2. Complaints with respect to the provision of Online Services by the Service Provider and other complaints on the operation of the Online Store:
8.2.1. The User may lodge a complaint with respect to the provision of Online Services through the Online Store or any other complaint on the operation of the Online Store via e-mail to: [email protected] or in writing addressed to: ul. Chmielna 21/21, 00-021 Warszawa, Poland.
8.2.2. Providing as many details as possible in the complaint, including, but not limited to, the type and date of occurrence of irregularities and the contact information, is recommended to facilitate and accelerate the complaint review process by the Service Provider.
8.2.3. Any complaints shall be reviewed by the Service Provider immediately, however, no later than within 14 days.
8.2.4. Unless otherwise indicated by the User, the Service Provider’s reply to a complaint will be sent to the address provided by the User.
- RIGHT TO WITHDRAW
9.1. The User/Customer being the consumer who has executed a remote contract may withdraw from such a contract without reason by submitting a relevant notice in writing within ten days. For the above time limit to be considered observed, it is sufficient to send notice before it expires. Such a notice may be sent by mail to the following address: ul. Chmielna 21/21, 00-021 Warszawa, Poland.
9.2. If the contract is withdrawn from, it is considered not executed and the consumer is released from any obligations thereunder. The parties’ mutual consideration must be returned in non-altered condition, unless and to the extent any such alteration was necessary for normal handling. Such a return should be effected without delay, however, no later than within fourteen days. If the consumer has made any advance payments, statutory interest accrued thereon from the date of such advance payment shall be due and payable.
9.3. Unless otherwise instructed by the consumer, the Service Provider/Seller shall transfer the money back to the bank account designated by the consumer.
9.4. The ten-day time limit that the consumer has to withdraw from the contract shall commence, for the Sale Contract, on the date the Merchandise is issued or, for the contract for Online Services, on the date of contracting.
9.5. The consumer will not have the right to withdraw from a remote contract if: (1) services have been commenced upon the consumer’s consent before the expiry of the time limit set out above in par. 8.1 and 9.4; (2) the consumer has removed the original packaging of audio or video recordings or any such content recorded on IT data carriers; (3) such a contract is for services where prices or fees depend solely on the price movement on the financial market; (4) the contracted services are tailored to the consumer’s specifications provided in his/her order or are strictly consumer-specific; (5) the contracted services are by their nature non-returnable or concern fast-spoiling items; (6) such a contract is for delivery of press; or (7) such a contract is for services in gambling games and betting.
- RIGHT TO EXCHANGE
10.1. Notwithstanding the provisions in sections 7 and 8 of these Terms and Conditions, the Customer has the option to exchange the Merchandise for any other Merchandise available in the Online Store within 10 days of receipt of the Merchandise without reason. For the above time limit to be considered observed, it is sufficient to send notice before it expires. Such a notice can be sent by mail to the following address: ul. Chmielna 21/21, 00-021 Warszawa, Poland, or via e-mail to: [email protected] The right to return the items does not apply when a client is buying individually customised shoes.
10.2. Exchange for other Merchandise with the characteristics as defined by the Customer is possible subject to availability in the Online Store. If there is a discrepancy between the price of the Merchandise returned for exchange and that of the Merchandise exchanged for it, the difference will be charged or credited to the Customer accordingly. Merchandise returned for exchange as aforesaid should be in new condition, which has not been altered, except to the extent necessary for normal handling. The Customer is requested to return the Merchandise to the following address: ul. Chmielna 21/21, 00-021 Warszawa, Poland.
10.3. The costs of sending back the Merchandise to the Seller will be borne by the Customer. The costs of shipping the new Merchandise to the Customer will be borne by the Seller. The Seller commits itself to exchange the Merchandise without delay, however, no later than within fourteen days of receipt of the Merchandise for exchange by the Seller.
- BUSINESS CUSTOMERS
11.1. This section of the Terms and Conditions and the provisions contained hereinafter apply only to those Customers who are not consumers.
11.2. For Customers not being consumers, the Seller may limit the methods of payment available and also require that the total or a portion of the price be paid in advance, regardless of the method of payment selected by the Customer in the Order Form and the fact of executing a Sale Contract.
11.3. For payments other than cash on delivery or by installments, unless otherwise agreed in the Sale Contract, the non-consumer Customer is obliged to pay the price under the Sale Contract within 7 days of contracting.
11.4. Merchandise being sold under the Sale Contract executed with the non-consumer Customer shall remain the property of the Seller until the price and costs of delivery under the Sale Contract are fully paid.
11.5. The benefits and burdens associated with the asset and the risk of its accidental loss or damage pass to the non-consumer Customer upon issue of Merchandise by the Seller to the carrier. In such a case, the Seller will not be liable for any total or partial loss of or damage to the Merchandise which may occur between its acceptance for shipment and delivery to the Customer, or for any delay in shipment.
11.6. If Merchandise is shipped to the Customer through a carrier, the non-consumer Customer is obliged to inspect the shipment within the time and in a manner established for the type of shipment. If the Customer finds that any portion of the Merchandise has been lost or damaged in transit, the Customer must take any and all steps as necessary to determine the carrier’s liability.
11.7. The liability of the Service Provider/Seller to the User/Customer not being a consumer, irrespective of the legal basis, is limited and capped in respect of both any one claim and all claims in aggregate to the sum of the price paid and the costs of delivery under the Sale Contract. The Service Provider/Seller is liable to the non-consumer User/Customer only for typical damage, foreseeable at the time of contacting, and may not be held liable by the non-consumer User/Customer for any loss of benefits.
12.1. Contracts made through the Online Store are executed under the laws of Poland and in the Polish language.
12.2. Amendment to these Terms and Conditions:
12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons such as change of law, change to the methods of payment and delivery, changes to the scope, charges or form of the Online Services being provided, or change of the Seller’s address, to the extent that such changes affect the operation of these Terms and Conditions.
12.2.2. Amended Terms and Conditions are binding on the User if the requirements set forth in Art. 384 of the Polish Civil Code have been satisfied, that is the User has been duly notified of such amendments and has not withdrawn from the contract for continuous Online Services within 14 days of notice.
12.2.3. Any amendments to these Terms and Conditions will not in any way infringe the rights acquired by Users being consumers and using the Online Store before the effective date of such amendments, and specifically, such amendments will not affect any Orders being just placed or already placed, or any Sales Contracts executed, handled or completed.
12.2.4. Should any amendment to these Terms and Conditions result in any charges being introduced or raised, the User being a consumer is entitled to withdraw from the contract.
12.3. The following laws and regulations apply in matters not specifically provided for herein: the Polish Civil Code; the Online Services Act of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by Hazardous Products of 2 March 2000 (Journal of Laws No. 22, item 271, as amended); the Act on Specific Terms and Conditions of Consumer Sale and Amending the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant laws of Poland.
12.4. Any disputes that may arise between the Service Provider/Seller and the User/Customer being a consumer will be referred to the competent common courts of law. Any disputes that may arise between the Service Provider/Seller and the User/Customer not being a consumer will be referred to the court of competent jurisdiction over the registered office of the Service Provider/Seller.