§1
Preliminary provisions
1. The terms used in the General Condition of Sale should be understood such as:
a. Price – remuneration expressed in Eurp collectible to the Seller in connection with the sale of the Product.
b. Weekday – It is one day from Monday to Friday, excluding statutory holidays.
c. Customer – a natural person, legal person or a business unit that is not a legal person, whom the provisions specifically grant legal capacity, which places an Order within the Store.
d. Consumer – a natural person who makes a legal transaction with the entrepreneur, but without directly related to its business and professional activity.
e. Product/commodity – A movable item that is the subject of the Sales Agreement, which is presented in the Online Store by the Seller
f. General Terms and Conditions of the Sales Agreement – It is document which specifies the rules for concluding Sales Agreements.
g. Seller – Zoryana Frydrak who runs a business under the name Zoryana Frydrak “Love me decoration.” It is localized on Długa 33B/1, in Marki. Tax Number: 7010520236, Phone Number: 0048-518-375-427, e-mail: loveme@loveme-decoration.pl
h. Agreement of sale – a contract for the sale of Good within the meaning of the Civil Code, close a contract between Zoryana Frydrak “Love me decoration” and the Customer, concluded using the Store’s website.
i. Order – Customer’s declaration of willing express a direct conclude a Distance Agreement of Sale, submitted using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Agreement of Sale and the Customer’s data necessary for the possible conclusions and performance of the Sales Agreement.
2. The General Terms and Conditions of the Sales Agreement constitute and integral part of each Agreement of Sales.
3. The General Terms and Conditions of the Sales Agreement are addressed to Customers who are Consumers and also to Customers who are not Consumers close a contract Agreement of Sale.
4. Acceptance of the General Terms and Conditions on the Sales Agreement is optional, but required to conclude the Agreement of Sale.
§2
Terms of participation in purchases
1. To make purchases, the Customer should register in the Online Store, but he has also option without registration.
2. Registration takes place by filling up and accepting the registration form, which is available on the website: https://loveme-decoration.com
3. The terms of registration is to agree the content of the Rules and to provide mandatory personal data.
4. Zoryana Frydrak “Love me decoration” may deprive the Customer of the right to use the Online Store, and can limit his access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:
a. During registration in the Online Store, the Customer provided false, inaccurate or outdated personal data, misleading or infringing the rights of third parties.
b. He has infringed personal rights of third parties via the online store, in particular the personality rights of other customers of the online store.
c. He has committed other behaviours that will be considered by Zoryan Frydrak “Love me decoration” as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of Zoryana Frydrak “Love me decoration”
5. A person who has been deprived of the right to use the online store cannot re-register without the prior consent of Zoryana Frydrak “Love me decoration”
6. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
7. The customer is obliged in particular to:
a. Not to provide and not to forward the content prohibited by law and content promoting violence, defamatory or violating personal rights and other rights of third parties,
b. Use the Online Store in a way that does not interfere with its functioning, in particular by using specific software or devices,
c. Not taking actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
d. Use the Online Store in a way that is not inconvenient for other Customers and for Zoryana Drydrak “Love me decoration”
e. Use of any content posted on the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Rules, as well as the general terms of using the Internet.
§3
Make an order
1. In order to conclude a Agreement of Sale via the Online Store, you have to go to the website https://loveme-decoration.com, then you have to select the product/s, taking further technical steps based on the displayed to the Customer messages and information available on the website.
2. The selection of the ordered goods by the customer is made by adding them to the basket.
3. During makes the Order – until you press the “order” button – the Customer can modify the entered data and the selection of the Goods. To do this, you should follow the messages displayed to the Customer and the information available on the website.
4. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order is displayed. This summary will include information on:
a. The subject of the contract,
b. The unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
c. Payment method
d. Mode of delivery
5. When we would like to send an Order, it is necessary to provide the mandatory personal data and press the “PLACE ORDER” button.
6. Sending the Order by the Customer is a declaration of will to conclude a Agreement of Sale with Zoryana Frydrak “Love me decoration,” in accordance with the Rules.
7. After placing the order, the Customer receives an e-mail titled “Order Confirmation” containing the final confirmation of all essential elements of the Order.
8. The contract is concluded at the moment when the Customer receives the e-mail referred to the point “7”
9. The sales contract is concluded in English, with the content in accordance with the Regulations.
§4
The form of delivery
1. The Shop sells products on the area of the Republic of Poland, as well as outside the territory of the Republic of Poland, but exclusively in following countries: Austria, Finland, France, Greece, Ireland, Luxembourg, Monaco, Germany, Portugal, Romania, Slovakia, Slovenia, United Kingdom, Sweden, Italy, Spain, Denmark, Belgium, Croatia, Czech Republic, Bulgaria and takes place at the address indicated by the Customer when placing the Order. We realized orders with delivery outside Poland only via the English version of the website: https://loveme-decoration.com.
2. The ordered goods are delivery by courier or by post. Delivery costs can be found at: http://loveme-decoration.com/shipping/. In addition, the delivery costs will be indicated when placing the Order.
3. The time of delivery is 1-2 weeks from the date of sending the Order by the Customer (Cash on arrival) or receipt of payment information (transfer, electronic payments)
4. Consolidation, cover, disclosure and confirmation to the Customer of the essential provisions of the Agreement for the sale of Goods takes place by sending a message to the Customer’s e-mail address with confirming the Order together with the Order specification and by attaching a receipt or invoice to the shipment containing the Goods.
§5
Payments
1. The prices of the Goods are given in Euro and contain the value added tax. The prices quoted do not include shipping costs, which are indicated at the time of placing the Order.
2. The customer has the option to pay for the Order by:
a. Standard bank transfer to the account provided when placing the order.
b. PayPal
c. The DOTPAY system, including instalment payments and Blik payments.
3. The Shop does not accept „Collect on Delivery” method of payment.
§6
Execution of the contract
1. In the event of non-payment or confirmation of the Order by the Service Provider within 5 working days or with personal collection 3 days. The Order will be cancelled by the Service Provider. The customer will be notified about it, via e-mail.
2. The execution of the Order begins:
a. While, the Orders paid by bank transfer – after the funds are credited to the Service Provider’s bank account,
b. In the case of online payments via the DOTPAY system – when the Customer receives an automatic e-mail with information about accepting the payment.
3. When all the goods ordered by the customer are completed and ready for shipment, an e-mail is sent to complete the order. The customer will receive the last message informing about the status of the Order; when the order is sent to the Customer.
4. After sending to the Customer, the Orders are delivered, depending on the chosen shipping method, within:
a. Courier: up to 2 weekdays.
5. Changes in shipping or resignation from the Order are possible by contacting the Store at the e-mail address loveme@loveme-decoration.pl, under the conditions described in the Rules.
6. The Customer may withdraw the placed Order only by e-mail at loveme@loveme-decoration.pl. The Customer cannot cancel an Order that has already been shipped (the Customer has received an e-mail’s order). The above does not exclude the consumer’s right to withdraw from the contract described in §7.
7. If there is no product/s covered by Customer’s Order in the store’s warehouse and it will not be possible to order them from the suppliers within the time provided for the Order, the Service Provider will inform the Customer about this fact by sending a message to the address loveme@loveme-decoration.pl provided by the Customer or by contacting by phone, in order to propose an alternative product, divide the Order into parts or cancel the Order in whole or in part.
8. In the event that the Customer does not consent to the implementation of the Order with alternative products, the order will be cancelled at all or in part, according to the Customer’s choice.
9. If the situation described in §6, §7 and in accordance with Customer’s choice, the Order is split, the Customer bears only the costs of delivering the first shipment. The costs of delivery of the remaining shipments resulting from new Orders created as a result of splitting the Order are borne by the Store.
10. Regardless of the rights described above, in the event that the goods are out of stock or the Customer’s order cannot be fulfilled, the Online Store has the right to withdraw from the contract within 30 days from the date of its conclusion. If the expected order fulfilment date is longer than 30 days, the Online Store has the right to withdraw from the contract within the period provided for the execution of the order. If the payment for the goods was made in advance payment – the Online Store will reimburse the Customer for the goods immediately after cancelling the order.
11. If the Customer does not make any decisions in the situations described in §6 and §7 including in the event that it is impossible to contact the Customer for reasons not attributable to Service Provider, the Service may exercise the contractual right to withdraw from the order in its entirety within 30 days from the occurrence of this event.
12. In the event of cancellation of the Order in the situation described in connection with §6, §7 and the Customer has already paid for the Order, the Service Provider will refund the amount paid (or its part in the case of partial completion of the Order) in accordance with generally applicable law.
§7
Withdrawal from a contract
1. A consumer who has concluded a distance contract may withdraw from it without gibing a reason and without incurring any costs than provided for the law, within 14 days.
2. The above does not apply to the contract for the provision of the benefit is non-prefabricated, manufactured according to customer specifications or maid meet its individual needs. The implementation of any of the above rights does not affect other contracts, in particular to the extent to which they were concluded together with the contract covered by the declaration of withdrawal as a result of submitting several Orders by the Customer at the same time, or the Seller made the conclusion or content of the contract covered by the declaration of withdrawal dependent of other contract, due to the direct relationship between the Products.
3. To keep the deadline, it is enough for the Consumer to submit a statement to the Seller before its expiry. The consumer may submit any unequivocal statement in which he will inform about his withdrawal from the Sales Agreement. The declaration of withdrawal from the Sales Agreement may be submitted, for example, in writing to the following address: Długa 33B/1, 05-270 Marki, in electronic form via e-mail to the following address: loveme@loveme-decoration.pl.
4. The period for withdrawing from the Sales Agreement starts from the day the Consumer or a third party designated by him.
5. In the event of withdrawal from a distance contract, the contract is considered void.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest the usual way of delivery).
7. In the case of use by a consumer of the Statutory right of withdrawal, the Seller shall refund payments using the same payment method, which used the consumer, unless the consumer has expressly agreed otherwise on the return, which is not binding for him any costs.
8. The consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller for pickup, unless the Seller has offered to collect the Product himself. To keep the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Długa 33B/1 05-270 Marki
9. In the case of the use by the Consumer Statutory right of withdrawal, the consumer is liable for any diminished value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Consumer’s liability may include, in particular, the inability to introduce the Product for sale as a full-value Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state that allows it to be re-sold in the Online Store, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent to which these defects result from the consumer’s use of the Product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
10. The consumer bears only the direct costs of returning the Product. The Seller may, as part of the promotional campaign, offer the Consumer the collection of the returned Products by the Seller from Consumer.
§8
Liability for defects
1. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in the provisions of the Civil Code, in particular in article 556 and following of the Civil Code.
2. The Seller is obliged to provide the Customer with a Product without defects.
3. According to Art. 558 §1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
4. The complaint may be submitted by the Customer, for example in writing to the following address: loveme@loveme-decoration.pl
5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days from the date of its receipt.
6. The Seller is liable under the warranty if the defect is found before the expiry of two years from the date of delivery of the Product to the Customer.
7. The seller agrees to submit any disputes arising in connection with the sale of goods through mediation. Details will be determined by the parties to the conflict.
8. The consumer has the option of using extrajudicial means of dealing with complaints and redress. Among other things, the consumer has the option to:
a. to apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded sales contract,
b. to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Buyer and the Seller,
c. use the help of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
9. For more detailed information on extrajudicial methods of dealing with complaints and redress, the Consumer may search on the website polubowne.uokik.gov.pl.
10. The consumer may also use the ODR(Online Dispute Resolution) platform, which is available at ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
§9
Complaints in the provision of electronic services
1. Zoryana Frydrak “Love me decoration” takes steps to ensure that the Store operates correctly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The customer is obliged to immediately notify Zoryana Frydrak “Love me decoration” about any irregularities or interruptions in the functioning of the Online Store website.
3. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the following e-mail address: loveme@loveme-decoration.pl.
§10
Personal data
The Service Provider processes the personal data of Customers and other entities visiting the Website in accordance with the established privacy policy available at: https://loveme-decoration.com/privacy-policy/
§11
Final provisions
1. The seller may make changes to the General Terms and Conditions of the Sales Agreement.
2. In the event of changes to the General Terms and Conditions of the Sales Agreement, the Seller will provide their uniform text by publishing it on the website: www.loveme-decoration.pl
3. The General Terms and Conditions of the Sales Agreement are effective from August 1, 2020
4. Agreements concluded by the Seller are concluded in Polish.
5. Settlement of any disputes arising between Zoryana Frydrak “Love me decoration” and the customer who is a consumer within the meaning of art. 22 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
6. Settlement of any disputes arising between Zoryana Frydrak Love me decoration and the customer who is not a consumer within the meaning of art. 22 of the Civil Code, is subject to the court having jurisdiction over the seat of Zoryan Frydrak “Love me decoration.”
7. In matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on electronic services and other relevant provisions of Polish law.
8. Customers can get access to these Rules at any time via the link found on the site https://loveme-decoration.com.