in the reading obligatory for orders submitted since 17th February 2016 inclusive
§ 1. GENERAL PROVISIONS
1.1. Owner of the internet shop acting under the internet address www.lamillou.com (hereinafter Site) is: Smartino Sp. z o.o., ul. Syta 78, 02-993 Warszawa. A commercial company registered in the Register of Entrepreneurs kept by the Regional court for the city of Warsaw in Warsaw, XIII Commercial Division under the number 000383843, NIP 521-35-979-35, REGON 142867170, with the equity of 5.000 PLN hereinafter referred to as:” Service provider”.
1.2. The Service provider is operating an internet shop via Site (hereinafter referred to as” Shop”) with the sales offer of products as well as e-services. Principles of using the Shop are determined by these regulations (hereinafter referred to as: Regulations). In the scope of e-services the Regulations are rules specified in art. 8 act dated 18th July 2002 on e-services (Journal of Law 2013, pos. 1422 as amended).
1.3. The shop is an internet services through which the Service Provider is selling products via Internet.
1.4. A buyer of products offered in the Shop is a full-age user of the Site (including a user who has previously created an account in the Shop) who made an Order (hereinafter referred to as „Customer”).
1.5. A customer being a natural person who makes an order in the Shop not directly related with its commercial or professional activity is referred to as: “ Consumer”.
1.6. Viewing the contents of the Site does not demand any details, especially creation an account in the Site.
1.7. Information on products available in the Site is an invitation to conclude a contract in the meaning of article 71 of the Civil Code.
1.8. A contact with the Service Provider is possible under the telephone number +48 601 596 901 from Monday to Friday between 9:-16:00 and under e-mail: firstname.lastname@example.org. The price for connection according to rates of the operator whose services are used by the caller as well as for mobile connections to the network Plus.
§ 2. GENERAL TERMS AND CONDITIONS OF SALES
2.1. Products are sold in the Shop via Internet sales contract. The sales contract is deemed concluded through placing an order by the Customer and confirming its acceptance by the Service Provider.
2.2. Subject of the sales contract may be products presented in the Site and offered by the Shop while placing an Order.
2.3. Prices of products in the Shop offer are gross prices in Polish zloty – with VAT. The given prices do not include costs of dispatch that are specified at placing an Order.
2.4. Orders placed by the Consumers are executed according to prices obligatory as of the date of Order visible at a picture or description of a product. Prices of products are retail prices and include all taxes. Prices are given in Polish zloty. Orders places by other customers not being Consumers (especially with NIP, details of entrepreneurs) are realized according to prices specified in the order confirmation by the Shop.
2.5. 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, Belgium, Czech Republic, Denmark, Estonia, France, Spain, Holland, Ireland, Germany, Portugal, Romania, Slovakia, Switzerland, Italy, Great Britain. The delivery address may be exclusively on the Territory of the Republic of Poland or on the territory of one of the country specified in previous sentence.
§ 3. ACCOUNT REGISTRATION IN THE SITE
3.1. Placing Orders is also possible without previous account registration in the Site.
3.2. The account registration by the user comprises following information specified in the registration form available in the Site: login and e-mail address and a password, details necessary for realization of subsequently placed orders specified in Par. 4.2 of the Regulations, acceptance of the Regulations and selection of the button “register”. A condition of Registration is the acceptance of Regulations and permission to processing personal data based upon principles specified in the Regulations.
3.3. As a result of completed registration, the user gets an account allowing identification of activities initiated by the user via the Site, including placing orders in the Shop. Within the previously created account the Customer has the possibility to add avatar displaying within its account, and additional voluntary details, i.e. specification of delivery addresses of Orders and optionally details necessary to issue a VAT invoice.
3.4. Access to the account is possible after entering the login and password allocated to the account. The password shall be secret and protected against unauthorized access of third persons.
3.5. The Service provider allows the possibility to remove the account any time by sending a respective request to the address of the Service Provider email@example.com. Resignation from the account does not influence the realization of placed orders confirmed by the Service Provider (the agreement has been concluded which does not deprive the Consumer the right to terminate the agreement under principles specified in the Regulations).
3.6. Account in the Site is offered by the Service Provider free of chargé.
3.7. The Service Provider may temporally suspend the access to the account or terminate the access to the account to the user with a one week notice (informing it by mail), in case the account is used inconsistently with the Regulations or inconsistently with its purpose.
§ 4. ORDERS
4.1. Order is a statement of will made by the Customer in e-form with the use of Internet and the function of the Site to conclude a sales contract for products selected by it among currently available products in the Shop and presented in the Site for the price being a sum of selected products and delivery costs.
4.2. Order may be placed by the Customer via the Site 24 hours a day, 7 days a week in the whole year.
4.3. The selection of products to the Order is made by adding them to a list of purchases – basket. Any time it is possible to verify the contents of the basket.
4.4. After the completion of adding products to the basket, the Customer selects a button „ GO TO CASH OFFICE” and it selects the address, delivery method and payment. The Customer finishes placing order by pressing the button “ ORDER WITH PAYMENT OBLIGATION” that is subsequently submitted to be confirmed by the Service Provider. If the Customer makes an order as a visitor of the Site (i.e. without registration), it is obliged before pressing the button “ORDER WITH PAYMENT OBLIGATION” to learn the regulations and to give its consent for processing personal data under principles specified in the regulations.
4.5. Until the confirmation of the selection of products with the button „ORDER WITH PAYMENT OBLIGATION” the Customer can make changes and modifications of products in the basket as well as address details for dispatch or invoice issuance.
4.6. The Service Provider shall inform the Consumer, during presenting products in the Site and process of placing an Order, but latest before the Customer presses the button „ORDER WITH PAYMENT OBLIGATION” in the clear and understandable manner on:
a) main features of the service, including products,
b) its identification details especially name, address, telephone number of the company, authority registering the commercial activity as well as registration number,
c) address of complaints for the Consumer’
d) total price comprising all components, and especially taxes, fees for delivery and postal services as well as method and payment term;
e) method and delivery term of Order and complaint procedure;
f) costs of using the communication mean for distance in order to conclude the contract if they are higher than usually applied for the use of this communication mean;
g) costs of return of the product to be borne by the Consumer in case of the termination of the contract;
h) method and execution term of the contract termination right as well as contents of the contract termination form and instruction on termination the contract;
i) delivery obligation of products without any defects;
j) existence and contents of the warranty and post-sales services and their realization method
k) possibility to use non-court methods of settling complaints and compensation as well as access principles to these procedures.
4.7. The Service Provider shall confirm the Order placed by the Customer by specifying via the Site after selecting the button „ORDER WITH PAYMENT OBLIGATION” as well as separately in the message of e-post sent to the address of the Customer, details of Order in form of:
a) details of the Service Provider including telephone number and e-mail address of the Service Provider’
b) details of the Customer;
b) number of Order ;
c) list of products being subject of Order including unit prices;
d) total net and gross price and selected method and term of payment;
e) total value of Order including all costs;
f) method and term of delivery;
g) information on the right to terminate the contract including return costs of products in case of the termination of the contract;
h) link to download a file with a draft of statement on the termination of the contract;
i) links to pages comprising:
- applied complaint settling procedure possibilities and procedures of settling disputes outside courts; fees for transport, delivery, postal services or other costs,
- accepted payment methods and terms
4.8. The Customer may, during Order placing, express its desire to get a fiscal receipt or VAT invoice that may be attached to the sent dispatch or sent by e-mail to the specified e-mail address as e-picture of settlement documents, especially such as: VAT invoice with attachments, VAT correction invoices with attachments and forms. This consent entitles the Seller to issue and to send VAT invoices in e-form; according to art. 106n act dated 11th March 2004 on the value added tax (Journal of Law 2011, No 177 pos. 1054 as amended).
4.9. The confirmation of Order placing may comprise a reference to a service allowing online payment.
4.10. The shop may contact the Customer per phone or e-mail in relation to placing or realizing the Order.
4.11. In case of any incorrectness in the contents of the message confirming the Order acceptance, the Customer may contact the Shop by e-mail under the address: firstname.lastname@example.org, giving the Order number in the contents of the message.
4.12. The Order will be delivered to the address specified by the Customer in the Order.
4.13. the Service Provider is obliged to deliver the purchased products to the Consumer free of any defects. The Service Provider sells also products with small defects, in such a case information on a defect and its description are any time included in the description of the product.
§ 5. PAYMENTS
a) bank transfer (advance payment): the liability for Order will be transferred to the bank account of the Shop specified in e-mail confirming placing Order.
b) online payment via PayU online system. Should the transaction be rejected, please contact PayU via mail: email@example.com or under the telephone number: +48 (61) 630 60 05 between 8-20.00 every day.
5.2. Principles of making payments by Customers via the PayU system and complaint procedure are available on the website www.platnosci.pl. Making payments via the online payment system is subject of previous acceptance of regulations of these services by the Customer. Terms and conditions of these services are available in the link presented in the site.
5.3. The Shop does not accept COD sales
§ 6. REALIZATION AND DISPATCH OF ORDER
6.1. In case of no payment or confirmation of Order by the Service Provider within 5 working days, the order will be cancelled by the Service Provider and the Customer will be notified thereof via e-mail.
6.2. The Order realization starts:
a) in case of Orders payable based upon bank transfer – after the acceptance of financial resources on the bank account of the Service Provider,
b) in case of online payments via PayU – when the customer gets an automatic e-mail with information on payment acceptance;
c) in case of payment at personal acceptance – when the Service Provider gets the Customer’s order.
6.3. When all products ordered by the Customer are complete and ready for delivery, an e-mail on completion of order is sent to the customer. The Customer will get the last message informing on the Order status when the Order will be sent to the Customer.
6.4. After being sent to the Customer, Orders are delivered, up to selected method of dispatch, within:
a) Courier: up to 2 working days,
b) Polish Post priority: 3-5 working days,
c) personal acceptance: 1-2 working days.
6.5. Changes in the dispatch, resignation from Order based upon conditions specified in the Regulations are possible through contacting the Shop under the firstname.lastname@example.org.
6.6. A Customer may withdraw the placed order only by e-mail under the address email@example.com. The Customer cannot cancel the Order that has already been sent (The Customer received a message on the dispatch). The above does not exclude the Consumer’s right to terminate the contract described in Par. 7 of the Regulations.
6.7. Should a product or products covered by Customer’s Order be not available in the Shop storeroom and should it be impossible to order them from the suppliers in the time provided for the order realization, the Service Provider shall inform the Customer thereof sending a message to the e-mail address specified by the Customer or contacting it by phone, in order to propose an alternative product, to divide the Order into parts or to cancel Order in full or in part.
6.8. Should the Customer not give its consent to the Order realization with alternative products, the Order will be cancelled in full or in part according to the Customer’s choice.
6.9. If in the situation described in 6.7 and according to the Customer’s choice, the Order is divided, the Customer bears only delivery costs of the first dispatch. Delivery costs of other dispatches resulting from new Orders occurred as a result of the division of the primary Order, shall be borne by the Shop.
6.10. Regardless rights described above, should a product be not available in the Storeroom or it is impossible to realize the Customer’s order, the internet shop has the right to terminate the contract within 30 (thirty) days from the date of its conclusion. Should the expected realization term of order exceed 30 (thirty) days, the Internet Shop has the right to terminate the contract in the term provided for the realization of a particular order. Should the payment be made in advance – the internet shop shall return the liability for the product to the Customer immediately after the order has been cancelled.
6.11. Should a customer not make any decisions in situations specified in 6.7, including also in case of no possibility to get in touch with a Customer for reasons beyond the control of the Service Provider, the Service Provider may execute the contractual right for cancellation the order in full within 30 days from occurrence.
6.12. In case of order cancellation of order in the situation described in relations with 6.7 and the Customer has already paid for order, the Service Provider will pay the Customer the paid amount back (or a part thereof if the order was realized in full) according to commonly obligatory legal rules.
§ 7. TERMINATION OF THE CONTRACT AND REPLACEMENT OF A PRODUCT
7.1. a Consumer may terminate the sales contract concluded via the website of the Shop without reason and without any costs excluding those specified in this paragraph, while making a respective statement to the Service Provider (the delivery term of products in written within 14 days from the order realization ( the delivery term of products resulting from the Order). The term is deemed kept after a statement on termination the contract has been sent based upon a draft available in the Site under the address http://www.lamillou.com/do-pobrania, before the expiration of this term to the address: Smartino sp. z o.o. ul. Jana Pawła II 66 Hala C 05-500 Piaseczno or by e-mail to the address: firstname.lastname@example.org. The right to termination the sales contract is not due to a Consumer in cases specified in art. 38 act dated 30th May 2014 on consumer rights (Journal of Law 2014, pos. 827). If the order is delivered in parts (separately), 14 days for the termination of the sales contract shall be calculated after the last product from the Order has been delivered.
7.2. In case of termination, the sales contract is deemed not concluded and the Consumer will be reimbursed for purchased products, including delivery costs of Order (excluding additional costs resulting from the delivery method selected by the Consumer in the Order that is different than the cheapest ordinary delivery method offered by the Shop) and it is obliged immediately, but latest within 14 days, to return products delivered to it in the unchanged condition to the address of the Service Provider: Smartino sp. z o.o. ul. Jana Pawła II 66 Hala C 05-500 Piaseczno or to give them to a person authorized by the Service Provider. In case of the termination of the sales contract, the Service Provider shall send the returned money immediately, but latest within 14 days from receiving the Consumer’s statement on the termination of the sales contract.
7.4. The Consumer is liable for the decrease of values returned as a result of the termination of the contract of products resulting from using them in the manner exceeding normal determination of the nature, features and operation of the product.
§ 8. TERMS AND CONDITIONS OF COMPLAINT
8.1. The Service Provider is liable towards the Customer for defects in products purchased by the Customer in the scope specified in the Civil Code (Journal of Law 2014, pos. 121 as amended). The Service Provider is responsible towards the Customer in case of a physical or legal defect of a product whereas the physical defect means inconsistency of delivered products with the contract. The Customer has the right for a complaint within 2 (two) years from the issuance of the product by the Service Provider.
8.2. To make a complaint, the Customer shall at first contact the Service Provider under the number 601 596 901; 723 820 800 or under e-mail email@example.com with providing the completed complaint (description of complaint, scope of complaint) as well as with attaching pictures of a defected product and determining the Customer’s address for the courier specified by the Service provider to take a defective product. While making a complaint the defected product with the purchase certificate shall be delivered to the Service Provider with the completed complaint notification (description of a complaint, scope of complaint) to the address: Smartino sp. z o.o., ul. Syta 78, 02-993 Warszawa
8.3. The Service provider shall consider a complaint within 14 days from making a complaint and it will notify the Customer on further procedure.
8.4. Should a complaint be deemed justified, the Service Provider shall immediately replace the defected product into a product free of defects or it shall remove a defect as well as it shall cover delivery costs of the defected product to the Service Provider borne by the Customer by a courier specified by the Service Provider, subject to Par. 8.5. The above has no influence on the possibility of Customer’s request to decrease the price or to terminate the contract in case of a significant defect. A complaint will be considered within 14 days. In case of no possibility to replace a product, to remove a defect or to decrease the price, the Service Provider shall pay back the liability immediately according to obligatory legal rules.
8.5. Should delivery costs of a defected product to the Service provider be higher in case of a change of location of the country of a product, than if the product would have been left in the primary country of product delivery, the Customer is entitled for cost reimbursement of a defected product to the Service provider up to the amount calculated according to product delivery rates obligatory on the territory of the country of primary product delivery.
8.6. Should a complaint be deemed unjustified, the Service Provider shall immediately return the product to the Customer at its costs to the address specified in the complaint form.
8.7. A Consumer may use non-court methods of settling complaints and compensating claims. In case of a desire of amicable settlement of disputes concerning internet purchases, the Consumer may make its complaint, i.e. via EU internet platform ODR available under the address: http://ec.europa.eu/consumers/odr/.
§ 9. PERSONAL DATA
9.1. The Service Provider is, based upon act dated 29th August 1997 on the protection of personal data (Journal of Law 2015, pos. 2135 as amended) in connection with the act dated 18th July 2002 on e-services (i.e. Journal of Law 2013, pos. 1422 as amended) as the data administrator, entitled to process personal data of Customers in order to use the service and to conclude a contract (creating an account, making and realizing Orders), settling the contract, considering a complaint in case of its making by a Customer, explaining circumstances of unauthorized use of the service as well as for archive purposes.
9.2. Personal data of Customers are also processed for direct marketing of own products and services of the Service Provider. The customer has the right for objection against processing its personal data for marketing purposes. The Purchaser may give its consent for obtaining commercial information by e-mail concerning the Service Provider or its partners.
9.3. The scope of processed personal data of Customers is as follows: name, surname, e-mail address, residence address, telephone number, contact telephone.
9.4. A Customer shall specify at least following personal data for correct considering its complaint: name, surname, street, house number, flat number, contact telephone and e-mail address.
9.5. The Service Provider processes furthermore exploitation data in the scope of IP address of the Customer’s device for technical purposes, as well as for statistical purposes.
9.6. The Customer has the right to inspect its personal data and to correct it and to demand to remove it.
9.7. Personal data is processed with keeping technical and organizational measures providing the protection of processed data in consistency with requirements specified in regulations on the protection of personal data, including regulation of the Minister of Internal Affairs and Administration dated 29th April 2004 on documentation of processing personal data and technical and organizational conditions of devices and computer systems for processing personal data (Journal of Law No 100, pos. 1024)
9.8. Personal data is given voluntarily but it is necessary for e-services and executing the sales contract or settling a complaint.
9.9 Cookies files or files of similar nature are used by the Site based upon principles specified in a separate document of cookies Politics (link).
I hereby give my consent for Smartino sp. z o.o., with the registered seat in Warsaw (Syta 78, 02-993 Warszawa), Poland, to process my personal data needed to create an User account and to process orders. I am hereby informed that the legal basis to process any and all data is the consent of the person to which said data pertains, while the period of processing of the said data is the period of the possession of the Account by the said person. I am hereby informed that I am entitled to access the submitted data, to correct it, to delete it, to restrict it, or to process it, as well as to request the cease of processing of the data, to request to move the data, and to withdraw my consent for processing it at any given moment, which will have no effect on the fact that processing the data has been carried out in accordance with the Law, conducted on the basis of the submitted consent before the withdrawal. The processing is subject to a complaint before a proper regulatory body (until 25.05.2018 it is GIODO). Submitting the data is voluntary, but failing to provide it will result in the inability to create and Account and process any and all orders. The submitted data will be used to create a profile using data from monitoring my shopping preferences (via cookies), like my browsing and purchase history, which may result in displaying similar products within the store.
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