TERMS AND CONDITIONS OF THE ONLINE SHOP
§1 GENERAL PROVISIONS
- The Terms and Conditions of use of the Online Shop www.lililiving.com, hereinafter referred to as “the Terms and Conditions”, determine the functioning rules of the Internet Shop, the rules of Service provision by the Seller, principles of placement of Product Orders available at the On-line Shop, principles of delivery of ordered Products and payment of the sale price for the Products as well as the Client’s right to withdraw from the Contract as well as principles of submitting and processing warranty claims.
- The below terms were used in the Terms and Conditions which shall be understood in the following manner:
- Administrator of personal data - body, organisational entity, entity or person deciding on objectives and means of personal data processing in accordance with the definition under Art. 7 point 4 of the Act of 29th August 1997 on personal data protection;
- E-mail address - the email address of the Website, i.e. firstname.lastname@example.org
- Client - natural person, legal person and organisational entity not being a legal person, granted legal capacity by virtue of specific provisions, who places or has an intent to place an Order in the On-line Shop
- Cart - a space of On-line Shop which is made available to the Client, where the Client has a possibility to collet all crucial information about the currently conducted shopping as well as the details of the placed Order.
- Notification - electronic message which is sent to the Client’s e-mail address provided in the mode of Order Form fulfilment in the on-line shop, containing specific information.
- Website - main page of the On-line shop www.lililiving.com and subsites;
- On-line Shop - Shop which is kept by the Seller in which the Clients may buy products which are included in the offer via Internet (electronic way).
- Service - a service which is provided by the Seller within the scope of conducted business activity which consist in keeping the Client’s account.
- Seller – Bartosz Jaworski, ul. Mickiewicza 69, 01-625 Warsaw, VAT Id.: 525-217-04-77, REGON: 141677868, tel. +48 574 188 274
- Contract - a contract which is concluded between the Seller and the Client which subject is the purchase of Products provided in the On-line shop offer or provision of services consisting in keeping the Client’s account at the On-line shop.
- Order - Client’s declaration of will which directly leads to Contract conclusion in which the Client determines its details.
- The Administrator of personal data made available as a result of On-line Shop use shall be the Seller.
- The prices provided on the On-line shop websites are expressed in Polish Zloty and they are gross prices (they include VAT tax).
- The moment of Contract conclusion shall be the moment of receipt of the Notification by the Client about the acceptance of placed order.
- The time of Order performance indicated in the Seller’s offer shall be calculated from the moment of receipt of Notification about acceptance of the placed order.
§2 SIGNING UP
- Order placement at the On-line shop is possible upon signing-up and creation of Client’s Account as well as without the obligation of registration as a unregistered Client.
- The Client may sign up entering their email address and clicking the option CREATE ACCOUNT.
- In order to finish the Sign-up Procedure, the Client is requested to complete the interactive form with their personal data. It is important that the data shall be compliant with the reality because they may be used to the performance of the placed Order in the future
- Having completed the data crucial for signing up, and upon creation of the Account and clicking the button SIGN UP, the Client receives a Notification confirming the registration sent to the email address.
- Within the moment of Notification receipt which is referred to in Point 4, a Contract on providing a service of Client’s Account keeping via email will be concluded.
- The Client can perform changes in the personal data and check the history of the Client’s orders and payments within the Client’s Account.
- The sale of Products is conducted on the basis of Orders placed by the Client.
- In order to submit the Order at the On-line shop one should choose the given product from the Seller’s offer, its colour, quantity and add it to the Cart by clicking on the subsite of the Product option ADD TO CART.
- The Cart is a Website space which makes available the precise determination between the amount of ordered Products, their availability, unit price and tax with the aid of interactive form.
- After the finish of products selection from the Seller’s offer you should enter to the Cart in order to perform the Order where you will receive information on selected product, its price, availability in the warehouse, quantity, gross price, amount of the tax etc. In order to proceed to the performance of the order one shall click on the option PROCEED TO CHECKOUT
- After clicking on the above-mentioned options the Client will be transferred to the interactive Order form in which the Client shall log in if he created an account earlier, create an account or fill in the necessary address data without registration. Next, the Order form will lead the client through the tab addresses, shipment and payments.
- The Client has a possibility to return to the On-line Shop and continue the purchase by clicking on the option CONTINUE SHOPPING at any time of filling in the interactive form.
- Final confirmation of the Order shall follow by clicking on the button PROCEED TO CHECKOUT.
- The confirmation of the Order placement are Notifications informing about the details of Order as well as payment status.
- Order placement is not the same as its acceptance. The Seller, after submission of the Order, shall verify whether the Order may be accepted to be performed and sends appropriate Notification to the Client. The Remote Sale Agreement is concluded between the parties within the moment of receipt of Notification of Order by the Client.
- The seller provides the possibility to made available the samples of materials to the Client by means of additional payment as well as offers the possibility to place individual orders regarding the selection of any colour of the upholstery (other than available in the standard offer) by means of additional payment which is determined individually, depending on the selected material. In order to place individual Order one should directly consult with the Seller
- Pictures which are shown at the On-line shop websites are demonstrative, fabric and colours may be slightly different from those available in the Seller’s offer. The colour of natural wood may differ from the Product image.
- In case of additional order submitted by the Client of the Product of upholstered furniture covered by the fabric in the same colour as already purchased furniture, you should expect the possibility of differences in the shades of a given fabric.
- The Client is informed that the shade and weave of the fabric may be slightly different from the shade and weave of the fabrics from the template which is made available by the Seller which is a natural feature of upholsterer's fabrics. Such a difference shall not be a product defect.
- The wood is a natural material, therefore it is characterised with infinite diversity in terms of appearance. Due to application of such a natural material, differences in the grain of wood may occur and the same between the armchairs, armchairs with the leg rests and the frames of the elements in terms of a single armchair. It may result from the fact that two neighbouring wooden elements may have individual structure, grain of wood, section or shade.
- Payment for purchased Products may be performed in accordance with the Clients choice in one of the following manners
- Transfer, e-transfer or by credit card via Przelewy 24 system
- Direct Transfer to the bank account of the Seller for EURO settlements. Account no. - IBAN PL 58 1090 1030 0000 0001 3416 4126, Bank SWIFT code - WBKPPLPP, conducted by Bank Zachodni WBK;
- Foreign shipments may be paid only by means of bank transfer to the Seller’s account or by credit card via Przelewy 24 system.
- The Client has a possibility to select one of the above manners of payment when filling the interactive Order form in the Cart.
- The Seller stipulates the possibility to cancel the order. The order can be cancelled if the Client fails to make the payment within 14 business days from order acceptance in case of an international transaction and upon lapse and within 7 business days from order acceptance in case of a domestic transaction.
- Sale of Products is documented by the Seller by issue of a receipt or VAT invoice.
- A Client who is an active EU VAT taxpayer can demand a 0% VAT invoice checking the relevant selection box. This prevents the payment through the On-line Shop. Upon continuation of the purchase by the Client, the Seller will receive their address details that will be then subject to verification. Upon verification, the Seller shall contact the Client within 5 business days from order placement in the On-line Shop for the purpose of finalisation of the order or notification about potential irregularities.
- Pursuant to the provisions of the VAT act, the Client accepts issue and sending of invoices in an electronic form to the e-mail address provided when signing up. The invoice shall be deemed received by the Client upon opening of the electronic correspondence containing the enclosed invoice.
- The Delivery of purchased Products is performed via Courier Mail.
- The costs of delivery shall be borne by the Seller according to the information displayed during completion of the interactive Form, subject to point 3 below.
- If the delivery address provided by the Client in the Order form is not located in the Republic of Poland, it is impossible to make the payment via the On-line Shop. After continuation of the purchase by the Client, the Seller will receive his address data. The Seller shall determine the cost and time of delivery of Products and shall contact the Client individually within 5 business days from Order placement in the On-line Shop for the purpose of Order finalisation.
- Products purchased from the Seller’s offer are very fragile. When collecting the package, the Client is requested to familiarise itself with the package collection instructions provided in the delivered package first. Then, the Client is requested to verify completeness of the package, condition of the external packaging and condition of the ordered Product in the presence of the carrier/forwarder. If the packaging of the shipment is damaged, the package should not be accepted and it must be opened in the presence of the courier, a damage protocol can, potentially, be drafted and all and any damage documented by means of photographs or a video, followed by immediate contact with the Seller for the purpose of problem solution.
§6 WARRANTY CLAIMS
- The Seller is responsible towards the Client if the object sold has a physical or legal defect (Warranty), according to the provisions of the Polish Civil Code of 23 April 1964.
- Each Client can submit a warranty claim completing the Warranty Claim Form forming Appendix no. 2 to the Terms and Conditions and sending it to the e-mail address of the Seller or in a paper form to the correspondence address of the Seller.
- When using the Warranty Claim Form, the defects of the Product or Service must be described in detail.
- The warranty claim shall be reviewed within 14 days commencing from the day of receipt of the Warranty Form by the Seller.
- The Client will be notified about the result of complaint procedure:
§7 WITHDRAWAL FROM THE CONTRACT
- Pursuant to Art. 27 of the act on consumer rights, the Client, having the status of a Consumer, can withdraw from the Contract without specification of reason within the statutory time limit of 14 days from its conclusion or receipt of the Product, whichever occurs later.
- The Consumer, under Art. 39 of the Consumer Law, is not entitled to withdraw from a contract the subject of performance of which is an item not pre-manufactured, produced according to the client’s specifications or aiming to meet their individualised needs.
- To exercise the right to withdraw from the Contract, the CONTRACT WITHDRAWAL FORM forming appendix no. 3 to the Terms and Conditions must be completed and sent the Seller’s address.
- Using the right to withdraw from the Contract concluded remotely, the Client incurs the cost of returning the Product to the Seller.
- The Seller provides for the possibility of collection of the purchased Product upon exercising the right to withdraw from the contract within one’s own scope if the Product is at a distance of 30 km from the Seller’s seat. In order to use this possibility one shall directly contact with the Seller.
- Upon submittal of the declaration of intent regarding withdrawal from the Contract, the Product price shall be refunded to the Client together with the cost of Product shipment incurred at the time of purchase, up to the value corresponding to the cheapest shipment option available in the Seller’s offer within 14 days, however not earlier than prior to receipt of the objects.
- The refund referred to in point 4 above shall be carried out using the same method of payment used by the Client, unless the Seller expressly approved using a different method of refund, entailing no costs for the Seller.
§8 PROTECTION OF COPYRIGHTS
- The content layout of the Website of the On-line Shop as well as its particular parts, such as written materials, photos, graphics, application and other, are covered with protection provided for by the common provisions of the copyright law.
- All and any trademarks, trade names and logos used on the Website are subject to legal protection according to the principles provided for in relevant laws.
- Using the content made available on the Website, the Clients do not acquire any rights or licences to the content.
- It is prohibited to multiply, modify and re-use, in full or in part, block, display publically and make the content published on the Website of the Internet Shop available publically, except for the cases specified in the applicable laws.
§9 FINAL PROVISIONS
- In all matters not governed hereby, the relevant provisions of the commonly governing Polish law shall apply.
- The Consumer is entitled to use extra-judicial methods of warranty complaint review and seeking of claims, such as:
- permanent consumer arbitration court to which requests for resolution of a dispute arising from the concluded contract of sale can be submitted,
- poviat or municipal ombudsman for consumer rights or social organisations the statutory tasks of which consist in protection of consumer rights.
- The Online dispute resolution platform for consumers and enterprises at the level of the European Union (ODR platform) is available on http://ec.europa.eu/consumers/odr. The ODR Platform is an interactive and multilingual website with comprehensive customer service for consumers and entrepreneurs aiming at extra-judicial resolution of a dispute regarding contractual obligations arising from an online contract of sale or contract of services.
- These Terms and Conditions form an integral part of the Contract concluded by the Client and the Seller.
- These Terms and Conditions enter into force on 7 January 2017 and shall be valid until revoked.