Lopi Online Store Terms and Conditions

§ 1.

Introductory provisions

1. These Terms and Conditions set out the principles of the Online Store operating at: www.lopi.pl/sklep, run by LOPI ANUSZKIEWICZ I TRZECIŃSCY SPÓŁKA JAWNA with its registered office in Legionowo, Poland, including the principles of placing Orders by the Customers.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the online store as well as the rules and procedure for concluding distance Sales Agreements with the Customer through the Store.

§ 2.

Definitions

1. Seller – a natural person conducting business under the name of LOPI ANUSZKIEWICZ I TRZECIŃSCY SPÓŁKA JAWNA, recorded in the register of business organisations maintained by the District Court in Warsaw, Division 14 – National Court Register [KRS], entry number 0000776221; NIP [Polish Tax ID No.] 5361939557, REGON [Polish Business ID No.] 382805762.
2. Consumer – a natural person concluding an agreement with the Seller through the Store, the subject matter of which is not directly related to their business or professional activity.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an unincorporated organisational unit to which a separate law grants legal capacity, carrying on business on its own behalf, which uses the Store.
5. Store – the online store operated by the Seller at the Internet address www.lopi.pl/sklep.
6. Distance agreement – an agreement concluded with the Customer under an organised system of concluding contracts at a distance (through the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.
7. Terms and Conditions – these terms and conditions of the Store.
8. Order – the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account – a customer's account in the Store; it collects data provided by the Customer and information about the Orders placed by the Customer in the Store.
10. Registration Form – a form available in the Store that allows the Customer to create an Account.
11. Order Form – an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store's software which shows the Products selected by the Customer and allows the Customer to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – an agreement for the sale of a Product entered into between the Customer and the Seller through the Online Store. The Sales Agreement shall additionally mean, according to the characteristics of the Product, a service agreement and an agreement to produce a work.

§ 3.

Store contact details

1. Seller's address: LOPI ANUSZKIEWICZ I TRZECIŃSCY SPÓŁKA JAWNA, ul. Długa 3, 05-119 Legionowo, Poland
2. Seller's e-mail address: sklep@lopi.pl
3. Seller’s telephone number: +48 22 732 07 87
4. Seller's fax number: +48 22 772 95 09
5. Seller’s bank account number: 97 1240 1040 1111 0010 8899 8157
6. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this section.
7. The Customer may communicate with the Seller by phone between 8.00 a.m. and 4.00 p.m

§ 4.

Technical requirements

In order to use the Store, to browse the offered products and place orders for Products the Customer needs to have:

1. end user’s device with access to the Internet and correctly configured browser in accordance with the standards of Microsoft Internet Explorer, Opera, Firefox or Chrome in the latest version, active e-mail account, cookies enabled.

§ 5.

General information

1. To the fullest extent permitted by law, the Seller shall not be liable for any interference including downtime of the Store caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the products offered in the Store does not require creating an Account. The Customer may place an order for Products offered in the Store either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address details to enable the Order to be processed without creating an Account.
3. The prices in the Store are given in PLN and are net prices (VAT is not included).
4. The information provided on the Store's website is an invitation to customers to make offers and does not constitute an offer within the meaning of the Polish Civil Code.
5. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services) and it is shown to the Customer on the pages of the Store during the placement of the Order, and at the moment of declaring intention to be bound by the Sales Agreement.
6. Where, due to the nature of the item to be sold under the Agreement, the final price may not be reasonably calculated in advance, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, shall be provided in the Store in the Product description.

§ 6.

Creating Account in Store

1. To create an Account in the Store, the Registration Form needs to be filled out. The following data must be provided:
   • First name and surname
   • Name of company (if VAT invoice is required)
   • Country
   • Shipping and invoice address
   • Telephone number
   • Email address
   • Password
2. Creating an Account in the Store is free and voluntary. An account is not required to place an order.
3. The Customer may log into their Account by entering the login or e-mail and password indicated in the Registration Form.
4. The Customer may delete the Account at any time, without giving any reasons and without incurring any fees, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

§ 7.

Rules for placing Orders

In order to place an Order, the Customer must:

1. select the Product to be ordered, and click the “Add to Cart” button;
2. log in or use the option to place an Order without registration;
3. if the option to place an Order without registration was chosen, the Customer must fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, choose the type of shipment (method of delivery of the Product), enter the data for shipment, if different from the data on the invoice, read the Terms and Conditions and check “I have read and accept the terms and conditions”, click the button “Buy and pay”, receive an e-mail confirming the order, pay for the order within the specified period, providing the order number in the title of the e-mail.
4. The order may also be submitted by e-mail to the address of the Seller: sklep@lopi.pl.
   An order placed by e-mail should contain the following data: the Customer's name and surname, place of residence, place of delivery or indication of Personal Collection option, Product name, Product number, number of items, NIP [Polish Tax ID No.] (for companies), and e-mail address or telephone number, respectively.
5. The Seller reserves the right to additionally verify the Customer's data, e.g. by telephone contact, in case the Customer has failed to provide all the data necessary to complete the Order.

§ 8.

Delivery and payment methods offered

1. The Customer may use the following methods of delivery or collection of the ordered Product:
   • Courier service;
   • Personal collection at: ul. Długa 3, 05-119 Legionowo, Poland
2. The Customer may use the following payment methods:
   • Payment by bank transfer to the Seller's account
   • Payment upon personal collection

§ 9.

Performance of sales agreement

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2. Once the Order is placed through the Store, the Seller immediately confirms its receipt and simultaneously accepts the Order. The Seller confirms receipt of the Order and its acceptance by sending an appropriate e-mail to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, the Sales Agreement is concluded between the Customer and the Seller.
3. Orders placed via e-mail must be confirmed by the Seller via e-mail. Upon receipt by the Customer of the above e-mail, the Sales Agreement is concluded between the Customer and the Seller.
4. If the Customer opts for:
   • payment by bank transfer, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
   • payment in cash upon personal collection of the shipment, the Customer is obliged to make payment upon receipt of the shipment within 7 days from the date of the notification that the shipment is ready or collection.
5. If the Customer has opted for a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to § 9(7), in the manner selected by the Customer when placing the Order.
6. The products with the status “in stock (can be ordered)” are normally delivered within 2-5 business days. Products available on request require separate confirmation of lead time.
7. In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts, or to have all the Products delivered after the entire order is completed.
8. For partial delivery made in stages at the request of the customer, an additional transportation fee for partial shipments may be charged, provided that the customer has been notified in advance and has accepted the terms of the partial delivery.
9. The period for delivery of the Product to the Customer commences as specified below:
   • If the Customer has opted for bank transfer – on the date of crediting the Seller's bank account.
   • If the Customer has opted for personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be notified by the Seller that the Product is ready for collection by an appropriate e-mail sent to the Customer's e-mail address provided during the ordering process.
   • In case of ordering Products with different readiness dates, the Customer may collect the Products in parts (when they are ready to be collected), or collect all the Products after the entire order is completed.
   • The period when the Product is ready for collection by the Customer commences as specified below:
     • If the Customer has opted for bank transfer – on the date of crediting the Seller's bank account.
     • If the Customer has opted for cash payment on personal collection – on the date of conclusion of the Sales Agreement.
10. The Product may be delivered only on the territory of Poland. If the Product needs to be shipped outside of Poland, the Customer should contact the store via e-mail to determine whether such shipping is possible.
11. If, at the time of delivery, the shipment bears visible signs of tampering, the Customer should refuse to accept the shipment and request that the Supplier draw up a report evaluating the condition of the shipment. In any case, the Customer shall, within 2 days, notify the Seller of the damage to the shipment and provide the Seller with all information necessary to determine the Supplier's liability.
12. The Product is delivered to the Customer for a fee, unless the Sales Agreement provides otherwise. Product delivery costs (including packaging, transportation and delivery charges) are indicated to the Customer in the shopping cart and during the placement of the Order, and when the Customer expresses intention to be bound by the Sales Agreement.
13. Personal collection of the Product by the Customer is free of charge.

§ 10.

Right of withdrawal

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in § 10(1) begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of an Agreement for multiple Products that are delivered separately, in batches or in parts, the period indicated in § 10(1) shall begin with the delivery of a single item, batch or part.
4. The Consumer may withdraw from the Agreement by submitting a statement on withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.
5. The statement may be sent by traditional mail or e-mail to the Seller's e-mail address – the Seller's contact details are specified in § 3. The statement may also be submitted using the form attached as Schedule No. 1 to these Terms and Conditions and schedule to the Consumer Rights Act of 30 May 2014, but it is optional.
6. If the Consumer sends a statement on withdrawal from the Agreement electronically, the Seller shall immediately confirm its receipt to the e-mail address provided by the Consumer.
7. Effects of withdrawal
   • In the case of withdrawal from the distance Agreement, the Agreement shall be considered not concluded.
   • In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, reimburse the Consumer for all amounts paid, including the cost of delivering the item.
   • The amounts will be reimbursed by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for the Consumer.
   • The Seller may withhold the reimbursement until the Product is received back.
   • The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which the Consumer notified the Seller about the withdrawal from the Agreement. The deadline shall be met if the Consumer sends back the Product before the expiration of the 14-day period.
   • The Consumer shall bear the direct costs of returning the Product.
   • The Consumer shall only be liable for a diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functions of the Product.
8. The Consumer’s right to withdraw from a distance agreement does not apply to agreements:
   • for a non-prefabricated item, manufactured to the Consumer's specifications or customised to meet Consumer’s needs; for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was notified in advance that once the Seller has provided the service, the Consumer would lose the right to withdraw from the Agreement; under which the price or remuneration depends on fluctuations in the financial market which is beyond the control of the Seller, and which may occur before the expiry of the deadline for withdrawal from the Agreement; for the provision of items which, due to their nature, are inseparably combined with other items after delivery.

§ 11.

Complaint and guarantee

1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with an item free of defects.
3. In case of a defect in the goods purchased from the Seller, the Customer has the right to lodge a complaint based on the statutory warranty provisions of the Polish Civil Code.
4. Complaints should be filed in writing or electronically to the Seller's addresses given in these Terms and Conditions.
5. It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer making the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller will respond to the complaint immediately, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer, and the Seller fails to respond to the complaint within 14 days, it is considered that the Customer's complaint was accepted. The Goods specified in the complaint should be sent back to the address provided in § 3 of these Terms and Conditions.
7. If the Product comes with a guarantee, the information about it, as well as its terms, will be included in the description of the Product in the Store. The Seller will also include a guarantee certificate with the sold Product.

§ 12.

Out-of-court complaint handling and claim pursuing

1. Detailed information on the consumer's right to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
   • http://www.uokik.gov.pl/spory_konsumenckie.php;
   • http://www.uokik.gov.pl/sprawy_indywidualne.php
   • http://www.uokik.gov.pl/wazne_adresy.php.
2. The following are examples of out-of-court measures of handling complaints and pursuing claims available to the Consumer:
   • The Consumer has the right to apply to the permanent arbitration consumer court referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Dz.U. – Journal of Laws – of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
   • The Consumer has the right to apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Trade Inspection Act of 15 December 2000 (Dz.U. – Journal of Laws – of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
   • The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, and additionally be provided with the free assistance of a district (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (such as the Consumer Federation [Federacja Konsumentów] or Association of Polish Consumers [Stowarzyszenie Konsumentów Polskich]).

§ 13.

Personal data in Online Store

1. The controller of Customers' personal data collected through the Online Store is the Seller.
2. Customers' personal data are collected by the controller through the Online Store for the purpose of performing the Sales Agreement, and upon the consent of the Customer, additionally for marketing purposes. Recipients of personal data of Customers of the Online Store may include:
   • If the Customer opts for postal or courier delivery method in the Online Store, the Controller makes the collected personal data of the Customer available to the selected carrier or intermediary making shipments on behalf of the Controller.
   • If the Customer opts for bank transfer or credit card payment method in the Online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
3. The Customer has the right to access their data and rectify them.
4. Provision of personal data is voluntary; however failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement prevents the conclusion of the agreement.
5. Other principles of processing and protection of the Customer's personal data are defined in the Privacy Policy. Furthermore, the controller complies with the information obligation in each case of data acquisition.

§ 14.

Final provisions

1. The Terms and Conditions shall become effective as of the date of their publication on the Store website.
2. Agreements concluded through the Online Store are concluded in the Polish language.
3. The Seller reserves the right to amend the Terms and Conditions for important reasons, that is: changes in law, changes in payment and delivery methods – to the extent that these amendments affect the compliance with these Terms and Conditions. The Seller shall notify the Customer of any amendment at least 7 days in advance.
4. Any matters not regulated by these Terms and Conditions shall be governed by the provisions of the Polish law, specifically: Civil Code; Act on Provision of Electronic Services; Consumer Rights Act, Personal Data Protection Act.
5. The Customer has the right to use out-of-court means of handling complaints and pursuing claims. For this purpose, the Customer may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

Schedule No. 1 to Terms and Conditions