Terms of Service of an e-shop - Liderwood.pl

§ 1

Initial provisions

The LiderWood online store available at leaderwood.pl/sklep, is operated by LiderWood SC Daniel Miąskowski Tomasz Wilczyński, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP no. 9581672650, REGON no. 363962812

§ 2

Definitions

Consumer – a natural person concluding an agreement with the Seller within the Store, whose subject is not directly related to its business or professional activity.

Seller – LiderWood SC Daniel Miąskowski Tomasz Wilczyński, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP no. 9581672650, REGON no. 363962812

Customer – every entity making purchases through the Store.

Entrepreneur – a natural person, a legal person and an unincorporated entity, whom a separate act grants legal capacity, performing on its own behalf an economic activity that uses the Store.

Store warehouse – place of collection of products in case of personal collection. Address: Grunwaldzka 35, 84-230 Rumia.

Distance agreement – an agreement concluded with the Customer as part of an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the moment including the conclusion of the agreement.

Terms of use – these Terms of Use for the Store.

Order – Customer’s declaration of intent expressed by filing out the Order Form and aiming to conclude the Agreement of Sale of Product or Products with the Seller.

Order form – an interactive form available on the Store’s that allows for submission of orders, in particular by adding Products to the Cart and determining the conditions of the Agreement of Sale, including payment and method of shipment.

Cart – an element of the Store’s software, in which visible are the Products selected by the Customer for purchase, and in which it is also possible to determine and modify the Order data, in particular the quantity of products.

Product – a movable item available in the Store which is the subject of the Agreement of Sale between the Customer and the Seller.

Sale Agreement – an agreement of selling a Product to be concluded or already concluded between the Customer and the Seller through the Store.

§ 3

Store’s contact details

Seller’s address: Morska 137, 81-222 Gdynia

Warehouse address: Grunwaldzka 35, 84-230 Rumia

Seller’s e-mail address: info@liderwood.pl

The Seller’s bank account number is 32 1750 0012 0000 0000 3272 8685

The Customer may communicate with the Seller using the addresses and telephone numbers provided in the Contact tab of the website available at https://liderwood.pl/kontakt/.

§ 4

Technical Requirements

In order to use the Store, including to view the Store’s products and to place orders for Products, the following are needed:

  1. end device with access to the Internet and Google Chrome or a similar web browser,
  2. an active e-mail account,
  3. allowed cookies,
  4. contact phone number.

§ 5

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment shall not require creating an Account. Customer’s placing of orders for Products available in the Store is possible by providing the necessary personal and address data enabling the Order to be processed.
  3. Prices of the goods are gross prices in PLN (value-added tax included).
  4. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of shipment (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including when expressing the will to be bound by the Sale Agreement.
  5. If the nature of the subject of the Agreement does not allow, reasonably judging, to calculate the amount of the final (total) price in advance, information on the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.

§ 6

Placing of orders

In order to place an Order:

  1. Open the e-shop tab in the top navigation panel within the website
  2. Select products by clicking “choose option”. If the product has variants, select the appropriate variant (size / color / length) from the drop-down list on the product page change the quantity according to your needs and then click the “add to basket” button.
  3. After proceeding to the checkout, complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be shipped, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the recipient’s details.
  4. Confirm the order by accepting the content of these regulations and then clicking the “Purchase and checkout” button

Confirmation and documents for the order, including the invoice, will be sent in electronic form to the Customer’s e-mail address provided in the above-mentioned Form

In the event of selecting the delivery method “Delivery without unloading” (§ 7 point 1c.), The Seller will contact the Customer to confirm the terms of delivery.

§ 7

Available methods of shipment and payment

The Customer may use the following methods of shipment or collection of the ordered Product:

  1. Personal pickup – pickup possible at the seller’s warehouse (Grunwaldzka 35, 84-230 Rumia). Products can be packed at customer’s request.
  2. Courier delivery – deliveries are carried out by common courier companies, i.e. DPD, InPost
  3. Delivery without unloading – deliveries made by a shipping company or the seller’s own transport. The unloading is at Customer’s responsibility. The requirement for using this method is to provide access for a truck over 10 tons near the customer’s delivery location. In the event of travel restrictions, the Customer is obliged to inform the Seller about that fact. Then the terms of delivery shall be agreed individually between the parties.

The customer can use the following payment methods:

  1. Payment by bank transfer to the Seller’s account (account number provided in sec. § 3 Store’s contact details
  2. PayU electronic payments
  3. Cash on delivery – in case of using the method of shipment: Pallet delivery without unloading, the Seller reserves the right to charge an advance payment of up to PLN 300 at the Seller’s bank account in order to complete the order (against shipping). The advance payment will be agreed by e-mail or by telephone after placing an order in the Online Store with the selected payment method

§ 8

The performance of the Sale Agreement

The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has made the Order using the Order Form in the Online Store in accordance with § 7 of these Terms of Use.

In response to the Order, the Seller shall immediately confirm that he received the Order and began its verification. Confirmation of Order and its acceptance for processing will take place by means of sending an appropriate email to the Customer by the Seller, to the Customer’s email address provided while placing the Order. Such an email from the Seller will contain at least the Seller’s declaration of receiving the order and its acceptance for processing, as well as a confirmation of concluding a Sales Agreement. Once the above email message is received by the Customer, a Sales Agreement between the Customer and the Seller is concluded.

If the Customer selects the following: a. payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make payment within 2 days since the date of the Sale Agreement – otherwise the order will be canceled.

If the Customer has chosen a shipment method other than personal pick-up, the Product will be sent by the Seller within the time specified in its description (subject to subsection 5 of this section), in the manner chosen by the Customer when placing the Order.

In the case of Products with different delivery times, the delivery date is the longest term provided.

The commencement of the period of Product delivery to the Customer counts as follows:
If the Customer chooses the transfer payment method, electronic payment or credit card payment – since the day on which the bank account of the Seller is credited.

Product delivery takes place only in Poland.

The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Shipment costs for the Product (including transportation, delivery and postal services fees) are indicated on the Online Store website under the ‘Shipping time and costs’ tab and while placing the Order, as well as when the Customer expresses the willingness to conclude a Sales Agreement.

§ 9

The right to Terminate the Agreement

The Consumer may withdraw from the Sale Agreement within 14 days without giving any reason.

The time limit specified in sec. 1 shall commence with the delivery of the Product to the Customer or a person designated by him other than the carrier.

In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline indicated in sec. 1 shall commence on the time of delivery of the last item, batch or part.

The Customer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement. In order to meet the deadline for withdrawing from the Agreement, it is sufficient for the Customer to send a declaration before this deadline.

The declaration may be sent by traditional mail, fax or electronically by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration may also be submitted by filling in a form, a template of which is attached as Annex 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.

Consequences of withdrawal:

If the Customer withdraws from a distance Agreement, the Agreement shall be considered null and void.

Seller shall immediately, not later than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the Agreement, return to the Customer all made by him/her payments, including cost of delivery of the Product (with exception of additional costs resulting from the Customer’s method of delivery other than the cheapest ordinary way available in the Online Store).

The Seller will refund payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed for another solution that will not involve any costs for him.

Seller may withhold refund until receipt of the Product back.

The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline is consedered as met if the Customer sends the Product back within 14 days.

The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary mail.

The Customer is liable only for the reduction of the value of the Product resulting from its use other than as necessary to establish the nature, characteristics, and the functioning of the Product.

The right to withdraw from a distance agreement is not granted to the Customer with regard to the Agreement: where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs, including cutting boards as agreed between the Seller and the Customer the service agreement, if the Seller has fully completed the service with the express consent of the Customer who has been informed prior to the execution of the service that after the Seller completes the service, he/she loses his/her right to withdraw from the Agreement,

§ 10

Complaints and guarantee

  1. The subject of the Sales Agreement are new Products.
  2. The Seller is obliged to provide the Customer with a defect-free product.
  3. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
  4. The following elements are not considered defects, if they do not significantly affect the use of the product: minor defects in the form of scratches, abrasions on the elements of the Products resulting from storage, assembly, packaging or transportation, slight differences in the colors of the boards, especially if they are ordered separately at longer intervals
  5. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Terms of Use.
  6. It is recommended that the complaint should include brief description of the defect, the circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request with regard to the defect of the goods.
  7. The goods sent under the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.
  8. If the complaint is accepted and the goods are returned to the store, delivery costs are reimbursed in the maximum amount indicated in the Online Store as during the order, which is the market equivalent of courier or forwarding services for the transport of individual Products.
  9. The Customer is responsible for sending back the goods. The store can help in returning the product after meeting the conditions for accepting and issuing a pick-up order.

§ 11

Personal data in the Online Store

The controller of databases containing personal data provided by Customers in the Online Store is the Seller.

The Customers’ personal data, collected by the administrator through the Online Store, are collected to implement the Sale Agreement, and if the Customer agrees – also for marketing purposes.

Possible recipients of personal data of the Online Store Customers:
a. In case of a Customer who buys in the Online Store and chooses post or courier as the way of delivery, the Data Controller shall make the Customer’s personal data available to the selected courier or agent performing the shipments by order of the Data Controller.
b. In case of a Customer who chooses electronic payment or card payment when using the Online Store, the Data Controller shall make the Customer’s personal data available to the selected agent handling the above payments in the Online Store.

The Customer has the right to access his data and to rectify it.

Providing personal data is voluntary, but failure to provide the personal data required in the Online Store Regulations to conclude and execute the Sales Agreement results in the inability to conclude this Agreement.

§ 12

Final Provisions

The choice of the Polish law does not deprive the Consumers of the protection granted to them under the provisions which can not be derogated from by agreement under the law that would be appropriate in the absence of choice, i.e. the law of the country in which the Consumer has his habitual residence and the entrepreneur (1) conducts his business or professional activities in the country where the Consumer has his habitual residence; or (2) by any means directs such activities to that country or to several countries including that country; and the contract falls within the scope of this business.

The Service Provider reserves the right to make changes to the Terms and Conditions due to important reasons such as: amendments to provisions of the law; changes to payment and delivery methods – within the scope in which such changes affect execution of these Terms and Conditions.

In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; E-Commerce Act; Consumer Rights Act, Personal Data Protection Act.

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