§1
General provisions

1. These regulations define the rules for making purchases in the online store Lawina – www.lawina.store from Marzena Rusiłowicz, ul. Kościelna 33/5, 60-537 Poznań, NIP: 5423072191.
2. The terms used in the regulations shall mean:

  • a. Client – a natural person (having full legal capacity) or legal person who has made or intends to make a purchase in the online store Lawina. The customer can be both a consumer and an entrepreneur;
  • b. Seller – Marzena Rusiłowicz, ul. Kościelna 33/5, 60-537 Poznań, NIP: 5423072191;
  • c. Shop – an online store maintained by the Seller in the domain www.lawina.store;
  • d. Regulations – this document with all attachments.

3. The store offers small clothing accessories, ie gloves, in retail sale via the Internet. The above products are available through the Store in the form of ready-made products and products at the Customer’s individual order.
4. Detailed information about the products can be found on the website www.lawina.store, as well as made available by e-mail to the Seller’s e-mail address.
5. The Customer may contact the Seller by post to the address indicated in point 2b and electronically to the following e-mail address: hello@lawina.store
6. Orders in the store can be placed around the clock. Answers to customers’ e-mails, telephone contact with the Seller and the execution of orders placed are carried out from Monday to Friday, between 09:00 and 17:00.

§ 2
Terms of use of the service

1. In order to place an order through the Shop, the Customer must meet the following technical requirements:

  • a. have a computer, laptop or other device with internet access;
  • b. have access to electronic mail;
  • c. use a web browser (Internet Explorer version 7.0 or newer, Mozilla Firefox version 3.0 or later, Opera version 11.0 or later, Google Chrome version 20.0 or later, Safari version 5.0 or later);
  • d. use the minimum screen resolution of 1024×768;
  • e. enable the browser to save cookies.

2. The online store provides electronic services in the form of a User Account and an Order Form. The Store does not charge any fees for providing these services.
3. The above services are provided for an indefinite period. The customer may at any time, without giving a reason, opt out of the above services by sending an appropriate e-mail to the Seller’s e-mail address. The customer who is a consumer may withdraw without giving a reason from the contract for the provision of each of the services mentioned above within 14 days from the date of ordering commencement of the provision of each service.

§ 3
Conclusion of contracts

1. The contract is concluded between the Seller and the Customer.
2. All prices on the Store website are gross prices (including VAT) specified in Polish zlotys. Product prices do not include shipping costs.
3. The seller shall exercise due diligence so that the pictures of the product designs reflect their color, nature and texture. The colors of the products in the pictures, in Different resolution, calibration and brightness of the client’s computer screen, on which pictures are displayed or using the flash, may differ slightly from reality. In order to do this, the seller places a description of the product and its color in addition to the photo. In case of doubt, please contact the Seller in advance.
4. Orders can be placed via the Store’s website using the Order Form (without registration) or by using the User Account. The seller does not sell by phone.
5. In order to make a purchase, the Customer selects the products of interest in the Shop and then moves the Product to the basket by clicking the “Add to Cart” button. Then he has the option to choose the quantity of products in the “Basket” preview. After completing the selection of products, the customer goes to the tab, where he specifies the method of delivery of products and methods of payment.
6. The Customer then clicks the “Order and pay” button, which redirects the Customer to the page containing information about the order being placed. This information includes, but is not limited to, determining the main features of the ordered goods, indicating the total price including taxes and delivery charges, presenting the Customer data provided in the order form.
7. The customer, in order to make an order, is obliged to confirm the order by clicking the “Order and pay” button under the order summary.
8. Clicking the “I am ordering and paying” button is tantamount to declaring the Client’s knowledge about placing an order involving the obligation to pay.
9. The contract of sale is concluded at the moment of confirmation by the customer placing an order, i.e. when the “Order and pay” button is clicked.
10. The payment deadline is the day on which the payment should be credited to the Seller’s account.
11. The condition for using the Order Form is confirmation of reading the contents of these Regulations and its acceptance.
12. After placing an order by the customer, the seller sends an e-mail confirming the submission of the order for execution together with data on its implementation, which includes, among others: specifying the main features of the ordered goods, the date of the contract, indication of the total price including taxes and delivery fees, presentation of customer’s personal data provided in the order form.
13. The customer has the possibility to express the will to receive a VAT invoice, which can be attached to the shipment sent. I prefer to receive a VAT invoice, the customer expresses by ticking the appropriate checkbox when placing the order.
14. The consolidation, security and access to the content of the concluded contract takes place through:
a. making these regulations available on the Store’s website
b. consolidation of the content of the agreement in the Store’s IT system
15. The Seller reserves the right to refuse the execution of the order under the sales contract, if the contact details of the Customer are not true.

§ 4
Terms and methods of payment

1. The online store provides the following forms of payment for the order via PayPal and PayU, by bank transfer or by credit card.
2. The customer is obliged to pay within 3 business days from the date of purchase.
3. If there is a need to return funds for a transaction made by the customer, the Seller shall refund to the same payment instrument by means of which the Customer made the payment.

§ 5
Ways and delivery costs

1. The customer bears the delivery costs of the ordered products to the destination.
2. The products are delivered to the address indicated on the territory of the Republic of Poland and the European Union. Fees for the delivery of products are given in the panel and in the e-mail confirming the acceptance of the order.
3. The online store allows you to choose the following delivery methods:

  • a. Courier shipment;
  • b. Parcel (Poczta Polska),
  • c. Personal collection.

4. The product order delivery time is up to 3 business days from the date of payment for the ordered goods on the Seller’s account (or, in the case of payment by a payment card, from the moment of obtaining the positive payment authorization).

§ 6
The right to withdraw from the contract

1. The provisions contained in this paragraph constitute the rights granted only to the Customer who is a consumer.
2. The consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of delivery or personal receipt of the goods, without giving a reason.
3. A statement of withdrawal from the contract may be submitted by the Customer using the withdrawal form at the end of the Regulations, by post to the following address: Marzena Rusiłowicz, ul. Kościelna 33/5, 60-537 Poznań, as well as to the e-mail address: hello@lawina.store.
4. Submitting a statement of withdrawal from the contract without using the form does not affect the effectiveness of withdrawal. For the effectiveness of a statement of withdrawal, it is enough to send a statement before the deadline.
5. The seller immediately confirms by e-mail (to the address given when placing the order) the acceptance of the statement of withdrawal from the contract.
6. The consumer should return the purchased products within 14 days from the date of sending the statement on the withdrawal to the address of the Seller.
7. In the case of sending a statement of withdrawal from the contract, the contract is considered void.
8. The consumer bears the direct costs of returning the purchased products.
9. The consumer is liable for damages for the reduction in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things, such as cleaning costs, repairing parts, breaking labels. In order to determine the nature, characteristics and functioning of the goods, the consumer should handle the goods and check them only in the same way as he could do in the store.
10. The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal, return to the consumer all payments made by him, including the delivery of the product (excluding additional costs resulting from the method of delivery chosen by the customer) other than the cheapest regular delivery method provided by the Store). The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the consumer has explicitly agreed to a different method of payment reimbursement.
11. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Product or delivery by the Consumer of proof of its return.
12. The right to withdraw from the contract is not payable in relation to contracts in which the subject of the service is a product made to individual order, i.e. a non-prefabricated product, manufactured according to the Consumer’s specification or to satisfy its individual needs. These types of products include, in particular, Products made according to the Customer’s special order.

§ 7
Agreements concluded with entrepreneurs

1. The provisions of this paragraph apply only to contracts concluded with Clients being entrepreneurs.
2. Placing an order on behalf of a legal person or an organizational unit without legal personality is tantamount to submitting a statement that the person placing the order is authorized to represent the entity on behalf of which the order has been placed. Placing an order without proper authorization will result in the liability of the person placing the order for any damage resulting from this fact.
3. The entrepreneur is obliged to examine the parcel delivered to him via the carrier in the usual manner, and in the case of a loss or damage to the product, he is obliged to observe all actions aimed at determining the carrier’s liability.
4. The entrepreneur loses his warranty rights if he has not examined the item in time and in the manner adopted for such things and did not immediately notify the seller about the defect, and if the defect appeared only later – if he did not notify the seller immediately after its finding.
5. The Seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days from the date of its conclusion without giving reasons.
6. Any disputes arising from the implementation of the contract concluded between the Seller and the Entrepreneur will be settled by the competent court due to the seat of the Seller.

§ 8
Product complaint
(warranty for defects)

1. The seller is obliged to deliver products free from physical and legal defects.
2. The Seller’s liability for physical or legal defects expires after two years from the date of product release. Before the deadline, the consumer may notify the Seller about the defect as follows:

  • a. by sending an appropriate e-mail to the following address: hello@lawina.store;
  • b. by submitting an oral statement of the Seller, then written by him.

3. The consumer is not bound by the above methods of filing complaints. He may file a complaint in any way provided that a durable medium is used.
4. A complaint should contain:

  • a. the name and surname or company of the buyer;
  • b. address of residence / registered office for correspondence;
  • c. attached proof of product purchase (eg receipt, invoice, proof of transfer, etc.);
  • d. the exact designation of the product being advertised;
  • e. indication of a defect describing the non-conformity of the goods with the contract and the date of its occurrence;
  • f. the advertiser’s request (withdrawal from the contract, price reduction, product replacement, removal of the defect);
  • g. date of filing and signature of the complaining party.

5. The Seller confirms the impact of the complaint and requests the consumer to immediately deliver the defective product to the Seller in order to respond to the complaint.
6. If the complaint is not accepted, the goods will be sent back together with the opinion that the complaint will not be valid.
7. If the Seller does not respond to the consumer’s complaint within 14 calendar days from the date of delivery of the complaint, it is assumed that he acknowledged the consumer’s complaint and its request.

§ 9
Out-of-court dispute resolution

1. In order to resolve a dispute arising in connection with making purchases in the Store, the consumer has the opportunity to benefit from the following institutions by bringing a case in a common court:

  • a. the use of a permanent amicable consumer court, referred to in the Act of 15 December 2000 on the Trade Inspection by submitting an application for resolving a dispute arising from a sales contract;
  • b. addressing the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings in order to amicably settle the dispute;
  • c. ask for help from a poviat or municipal consumer ombudsman or a social organization whose aim is to protect consumer rights.

2. Detailed information on the possibilities of out-of-court dispute resolution and availability of procedures available to the consumer are available at the premises and on the websites of institutions such as Trade Inspection, district (municipal) consumer advocates, social organizations dealing with consumer rights protection, and the Office of Protection Competition and Consumers.

3. An online platform for settling disputes between consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§ 10
Final Provisions

1. The Seller reserves the right to change these Regulations due to changes in the provisions of applicable law or changes in the way contracts are concluded and implemented. These changes will not affect placed, executed or executed orders and contracts.
2. In matters not covered by these Regulations, the provisions of generally applicable law apply, in particular the Act of 23 April 1964 Civil Code, and the Act of 30 May 2014 on consumer rights.
3. The Regulations shall apply from October 1, 2018.