TERMS AND CONDITIONS
I. GENERAL PROVISIONS
These Terms and Conditions of the online store (hereinafter referred to as “Terms and Conditions”) define the rules for the Seller and Customers who will be remotely concluding the agreement on the sale of Goods by electronic communication methods, in particular electronic mail (email), via the Seller’s website at www.lamita-organic.com, as well as the Terms and Conditions of providing services by the Seller by electronic means via the website indicated above.
II. DEFINITIONS USED IN THESE TERMS AND CONDITIONS
Seller, Administrator, Personal Data Administrator – Lamita Organic with registered headquarters at ul. Jachtowa 13/8, Luboń, woj. wielkopolskie, Poland
Store – an online store that operates at www.lamita-organic.com and conducts mail-order sales of Goods with their current offer in Poland, owned by the Seller,
Website – website operating at www.lamita-organic.com,
Working days – days of the week from Monday to Friday, excluding public holidays,
Order processing time – a period during which the Store will complete the order and send it in the manner chosen by the Customer,
Customer – a natural person with full legal capacity, a legal person or a business entity which is not a legal person, who is granted legal capacity while placing the Order in the Store under the specific provisions of law set out in the Terms and Conditions,
Consumer – a consumer is any natural person performing a legal act with the Seller which is not directly related to their business or professional activity,
Password – a string of letters, numbers and special characters containing at least 5 characters, determined individually by the Customer during the process of Registration and enabling the Customer to make purchases in the Store. The password is confidential and can be changed by the Customer at any time however, the Customer is solely responsible for any consequences of disclosing the Password, with the exception of situations when the Customer Password is disclosed due to the Administrator’s fault, in particular as a result of inadequate data protection,
Registration – assigning a login (e-mail address) and Password to a person who wishes to become a Customer in order to identify them. The Registration starts by selecting the “Register” option on the Website and following further instructions. By providing the login and Password, the Customer obtains an access to technical use of the Store’s functionalities,
Goods – goods described on the Website along with information of the possibility of their purchase provided by the Seller.
III. TECHNICAL REQUIREMENTS OF USING THE STORE’S FUNCTIONALITY
1. In order to use the functionality of the Store, the Customer should use their own equipment and software with the following minimum requirements:
a) a personal computer and a network card or modem enabling access to the Internet,
b) Windows, Mac OS or Linux with Graphic Environment Operating System (GEOS), · standard internet browser (Internet Explorer, Mozilla Firefox, Opera, Chrome) – supporting encrypted SSL connections, Java Script applications and cookies,
c) Internet connection
The Seller stipulates that if the above requirements are not met, they will not be able to enable the Customer to place an order via the Website or to carry the procedure of concluding the agreement or to execute the concluded agreement.
To complete a correct registration, the Customer should:
a) enter the following data in the “Log in” tab:
– first name, surname, e-mail address, delivery address, telephone number
b) accept the Terms and Conditions and the Privacy Policy.
Accepting the Terms and Conditions by the Customer means agreeing to the following statements:
a) I have read the Terms and Conditions and accept all its provisions,
b) I have voluntarily started using the services offered by the Seller based on the regulations indicated in the Terms and Conditions,
c) I confirm that the information provided in the registration form are true, and I understand that if the above statements are false, I will be liable pursuant to the provisions of Polish law,
d) I hereby consent to the processing of my personal data, provided through the registration form, by the Administrator, solely for the purposes of proper implementation of the agreement for the provision of electronic services, concluded by both Parties on the principles set out in the Terms and Conditions.
IV. CUSTOMER OBLIGATIONS
The Customer is obliged in particular to:
a) compliance with copyright and industrial property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial designs of the Administrator and third parties, as well as compliance with the rights to protection of image,
b) refraining from providing illegal content and contrary to the Terms and Conditions,
c) refraining from any activities that could hinder or disrupt the operation of the Website and the Store.
V. RECEIVING AND EXECUTING ORDERS
The Seller sells Goods via the Internet. The current offer together with information on available products and services are provided by the Seller on the Website.
The information provided on the Website do not constitute an offer within the meaning of the Civil Code, yet an invitation to submit an offer to conclude a sales agreement by the Customer. The terms of the sales agreement are set out in these Terms and Conditions, applicable law and any existing individual arrangements between the Seller and the Customer.
Orders placed by the Customer are accepted via the order form provided on the Website.
While making an order on the Website, by filling out the appropriate fields, the Customer shall:
a) choose the Goods,
b) choose delivery methods of the Goods,
c) provide the delivery address.
5. At the beginning of the order process, the Seller informs the Customer about any restrictions on the delivery method of the Goods and the accepted methods of payment.
6. Directly before placing the order, the Seller again informs the Customer about the method of communication with the customer, the main features of the service and the total price of the Goods (including taxes and delivery costs in particular).
7. After completing the ordering process, the Seller will send an email, to the provided by the Customer email address, with information on the compliance of the submitted purchase offer with the Store’s offer in terms of price and number of ordered items, as well as information about the availability of the Goods.
8. Along with the email referred to in paragraph 7, the Customer will also receive a link, opening the link will confirm the order in accordance with the information included in the email.
9. The sales agreement is considered to be concluded when the Seller receives the confirmation from the Customer referred to in paragraph 8, subject to paragraph 12.
10. The Seller reserves the right to additional order confirmation by phone.
11. The implementation of the order begins after the Customer correctly completes the order form and after confirming the order via the link referred to in paragraph 6. The Seller shall immediately send the Customer confirmation of the conclusion of the agreement via email.
12. Placing orders in the Store is possible 24 hours a day, all days of the year. The exceptions are system failures and its possible reconstruction.
Both orders and all declarations of will and knowledge addressed by the Seller to the Customers are made in Polish.
VI. DELIVERY METHODS AND SHIPMENT COSTS
Delivery of the Goods takes place in a manner chosen by the Customer from the options indicated below, specified in the order placement.
The parcel is shipped through DHL courier.
Shipping costs through the courier will be added to the cost of the ordered Goods and given to the customer directly before completing the order.
If the parcel is not received after seven days from the date of its expected delivery, the Customer should report this fact to the Seller either by phone (on +48 576346637) or via email (email address: lamitakids.kontakt@gmail.com ) to initiate a complaint procedure at the supplier’s parcel. The call fee for ringing this number is the same as the fee for an ordinary phone call, according to the tariff package of the Customer’s service provider.
VII. ORDER PROCESSING TIME
The Shipment of the Goods is processed within 3 working days after the moment when the payment for the Goods is credited or – in a case of choosing cash on delivery parcel payment method in accordance with section X paragraph 1 b), – after the Seller receives the order confirmation in accordance with section V paragraph 9.
The Seller shall not be liable for not delivering the Goods or delay in delivery caused by providing an incorrect or inaccurate address by the Customer.
The Seller – acting on behalf of the Customer – sends the ordered Goods in the manner indicated by the Customer: through the courier.
At the Customer’s request, the Seller will provide the Customer with data on the date of shipment and the shipment number.
The Seller does not provide postal services.
VIII. PAYMENT METHODS
The store accepts the following payment methods:
a) via a specialised entity which provides electronic transfer services. The basis of handing or dispatching the Goods is solely a payment confirmation made by the company responsible for payments processing,
b) cash on delivery – payment is made on delivery of the Goods to the supplier.
c) by a bank transfer to the Seller’s bank account within 7 days from the date the Customer confirms the order, including the order number in the transfer title,
d) by credit card
e) by PayPo payment method – without any additional costs the goods can be paid for 30 days after making the order or in 4 instalments.
The execution of the order in the cases referred to in paragraph 1 a), c) and d) begins after receiving a confirmation from the payment operator that the operation has been successfully completed.
IX. COMPLAINTS
All Goods available at the Store are original, free from defects and come from a legal source.
According to the Act on consumer rights from the 30th of May 2014 – (Journal of Laws of 2014, item 827) and the Polish Civil Code towards Customers who are consumers, the Seller is liable for the Goods non-compliance with the agreement. In the case of Customers who are not consumers, the Seller is liable under the rules set out in the Civil Code, save as otherwise provided in these Terms and Conditions.
In order to process a complaint, defective Goods should be reported to the Seller via email on the following email address: sklep@lamita-organic.com and putting ‘Complaint’ in the title of the email in order to determine the further complaint procedure,
The complaint is reviewed within 14 days from the date of its submission.
The Customer may submit a statement on the price reduction or withdrawal from the agreement, unless the Seller immediately and without undue inconvenience to the Customer, will replace the defective item with a non-defective one or will remove the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or if the Seller failed to meet the obligation to replace the item with a non-defective item or to remove the defect. If the Customer is a consumer, instead of the defect removal proposed by the Seller, they can request a replacement of the item for a non-defective item or instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the customer is impossible or it would require excessive costs compared to the method proposed by the Seller.
If the Customer who is a consumer demanded a replacement of the item or removal of the defect or made a statement about the price reduction, specifying the amount by which the price is to be reduced to, and the Seller did not respond to this request within fourteen days, it is considered that the request was justified.
If the complaint is accepted, the defected product will be repaired or replaced free of charge, unless repair or replacement is impossible or requires excessive costs.
The Customer may not withdraw from the contract if the defect is not significant.
The consumer has the right to process complaints within a year from the date of delivery of the Goods.
The Customer who is the consumer has the option of dealing with the complaint by using out-of-court methods and pursuing claims. In particular, they may:
– notify the consumer court of arbitration at the Trade Inspection by submitting a request to settle the dispute arising from the concluded agreement.
– notify the Voivodship Inspectorate of Trade Inspection by submitting a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller.
– obtain free assistance in regards to resolving the dispute between the Customer and the Seller, by using a free of charge assistance from the district (municipal) consumer advocates or social organisation, whose statutory tasks include consumers protection of consumer rights (including the Consumer Federation, Association of Polish Consumers).
Detailed information in regards to out-of-court methods of handling complaints and pursuing claims as well as rules of access to these procedures are available for the Customer who is a Consumer in the offices and on the websites of district (municipal) consumer advocates and social organisations, whose statutory tasks include protection of consumers rights, the Voivodship Inspectorate of Trade Inspection and the following websites of the Office of Competition and Consumer Protection (UOKiK):
– http://www.uokik.gov.pl/spory_konsumenckie.php;
– http://www.uokik.gov.pl/sprawy_indywidualne.php and
– http://www.uokik.gov.pl/wazne_adresy.php.
X. RIGHT TO WITHDRAW FROM THE AGREEMENT
The Consumer may return the Goods purchased at the Store and submit a withdrawal from the agreement form within 14 (fourteen) days as of the day when the consumer has come into the possession of the goods or as of the day when a third party other that the carrier and indicated by the Customer has come into the possession the goods – in accordance with the Act on consumer rights from May the 30th, 2014 (Journal of Laws of 2014, item 827). To meet the deadline, it is sufficient to send a form before the deadline indicated in the previous sentence.
The rules of withdrawing from the agreement, including the template of the withdrawal from the agreement form wich the consumer can use, are set out in the instructions included in the Annex No. 1 of these Terms and Conditions.
The consumer is only liable for any diminished value of the Goods where that results from handling of the Goods in any way other than what is necessary to establish the nature, characteristics and functioning of the Goods.
The consumer is not entitled to a refund in the cases specified further in art. 38 of the Act referred to in para. 1, in particular in a case when Goods are manufactured according to the consumer’s specifications or to satisfy their individual needs.
A statement of withdrawal may be submitted in accordance with the withdrawal form. The Seller is obliged to immediately send a confirmation of receiving the statement of withdrawal from the agreement to the consumer via email.
Subject to the provisions of paragraph 8 below, the Seller shall, within 14 (say: fourteen) days at the latest of receiving the consumer’s withdrawal from the agreement form, return the same amount of all payments made by the Customer to the Customer, including Goods’ delivery costs, with the exception of additional costs resulting from the chosen by the Customer delivery method which is different than the cheapest delivery method offered by the Seller. The Seller shall reimburse the amount of payments by the same means as the Customer has used in the original transaction unless the Customer has explicitly agreed to other solution; in each case, the Customer shall not incur any fees regarding this reimbursement. The Seller may withhold the reimbursement until they receive the Goods or until they receive the confirmation of sending them to the Seller, whichever occurs first.
The Consumer is obligated to send or provide the Seller with Goods immediately and at each time no later than within 14 days as of the day when the Customer has notified the Seller of the withdrawal from the agreement unless the Seller has offered to collect the Goods by themselves. The deadline shall be deemed observed if the customer returns the Goods within 14 days. The Customer will only have to bear the cost of returning the goods.
The Seller accepts returns sent to the address previously agreed with the Customer via email.
The Customer will have to bear the cost of returning the goods (i.e. the cost of packaging, securing, dispatching).
XI. PERSONAL DATA
At the time of Registration, the Customer agrees to provide the Administrator’ database with their personal data and agrees for their personal data to be processed by the Administrator for the purpose of implementing the agreement as well as for marketing purposes.
The Administrator of personal data is the Lamita Organic.
The Administrator has the right to make the provision of their services and the use of the Store conditional on the Customer’s prior confirmation of their personal data provided for the purpose of processing at the time of registering at the Store with relevant documents or their certified copies.
The customer is responsible for providing false personal data.
Personal data is protected in accordance with the Act of 29th August 1997 on the protection of personal data (consolidated text: Journal of Laws of 2014, item 1182, with later amendments), the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2013, item 1224).
Personal data and information contained in the registration form will be used by the Administrator on the occasion of or to conclude, perform, amend, terminate the agreement with the Customer and ensure the highest quality of services.
The Customer has the right to inspect, modify and request the removal of collected personal data stored and processed by the Administrator.
The administrator is entitled to disclose personal data only to entities authorised under the applicable law, in accordance with the principles of the Privacy Policy, the provisions of the Terms and Conditions and applicable law, in particular in accordance with the Personal Data Protection Act.
XII. FINAL PROVISIONS
In matters not covered by these Terms and Conditions, Polish law shall apply, in particular the provisions of the Civil Code and the Act on Consumer Rights.
Amendments to the Terms and Conditions will be introduced in a manner consistent with applicable law and respect for consumer rights. In the event of changes to the Terms and Conditions, the Administrator will immediately inform customers by publishing a consistent text of the Terms and Conditions on the Website and individually via email.
The Seller ensures that the currently applicable Terms and Conditions are on the Website.
In the event of changes to the Terms and Conditions, orders placed before the date of introducing changes to these Terms and Conditions are implemented on the basis of the provisions in force on the date of the order.
Annex No. 1 of the Terms and Conditions
RIGHT TO WITHDRAW FROM THE AGREEMENT
You have the right to withdraw from this agreement within 14 days without giving any reason.
The right to withdraw from the agreement expires after 14 days as of the day when the Customer has come into the possession of the goods or as of the day when a third party other that the carrier and indicated by the Customer has come into the possession of the goods.
In order to exercise the right of withdrawal from the agreement, you must notify us of your decision to withdraw from this agreement under an explicit statement (for example, a letter sent via email) to the following email address: lamitakids.kontakt@gmail.com.
You can complete the withdrawal form template, however it is not mandatory.
In order to meet the withdrawal from the agreement deadline, you only need to send information concerning exercising your right to withdraw from the agreement before the deadline for withdrawing from the agreement.
EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
In the event of the withdrawal from the agreement, we will reimburse all payments received from yourself immediately including delivery costs (with the exception of additional costs resulting from the chosen delivery method which is different than the cheapest delivery method offered by us), and at each time no later than within 14 days as of the day when we have been notified of your decision to exercise the right to withdraw from this agreement.
The amount of payments shall be reimbursed by the same means as you have used in the original transaction, unless you have explicitly agreed to a different solution; in each case, you shall not incur any fees regarding this reimbursement.
We may withhold the reimbursement until we receive the goods or until we receive the confirmation of sending them to us, whichever occurs first.
Please send or provide us with goods immediately and at each time no later than within 14 days as of the day when you have notified us of the withdrawal from this agreement. The deadline shall be deemed observed if you send the goods within 14 days.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods.