Regulations online shop ORLICKA&LIZANOWICZ HOME SP.Z O.O.
Good morning!
So much in a word of introduction, now it's time for the formalities. To begin with, our full registration details as shop administrator and seller:
ORLICKA & LIZANOWICZ HOME SP.ZO.O.
17 B Trawiasta Street
04-618 Warsaw
NIP 951 257 02 60
Below you will find the terms and conditions, which contain information on, among other things, how to place an order leading to the conclusion of a contract, details on the performance of the concluded contract, forms of delivery and payment available in the shop, the procedure for withdrawal from the contract or the complaint procedure.
If you have any comments, questions, concerns, we are at your disposal at biuro@ol-home.pl
Best wishes and happy shopping
OL HOME webshop team
§ 1
Definitions
For the purposes of these Regulations, the following terms shall have the following meanings:
1) Buyer- a natural person, a legal person or an incapacitated legal person,
2) Consumer - a natural person who enters into a sales contract with the Seller that is not directly related to his/her commercial or professional activity,
3) Regulations - these rules, available at https://www.ol-home.pl
4) Shop - online shop at https:// www.ol-home.pl,
Seller - ORLICKA & LIZANOWICZ HOME SP.ZO.O.
§ 2
Preliminary provisions
(1) Through the Shop, the Seller conducts retail sales, while providing services to buyers electronically. Through the Shop, the Buyer can purchase the products shown on the Shop's pages.
(2) The Rules and Regulations set out the terms and conditions for the use of the Shop, as well as the rights and obligations of the Seller and the Buyers.
(3) In order to use the Shop, including in particular to make a purchase in the Shop, it is not necessary for the Buyer's computer or other device to meet any particular technical conditions. Sufficient are:
1) Internet access,
2) standard operating system,
3) a standard web browser,
4) having an active e-mail address.
4 The Buyer may not make a purchase in the Shop anonymously or under a pseudonym.
(5) The supply of unlawful content during the use of the Shop is prohibited, in particular by sending such content via the forms available in the Shop.
(6) All product prices shown on the Shop pages are gross prices.
§ 3
Services provided by electronic means
(1) Through the Shop, the Seller provides electronic services to the Buyer.
(2) The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Shop.
(3) If the Buyer decides to create an account in the Shop, the Seller also provides the Buyer with an electronic service consisting of creating and maintaining an account in the Shop. The Account stores the Buyer's data and the history of orders placed by the Buyer in the Shop. The Buyer logs into the Account using his/her e-mail address and a password defined by him/her.
(4) Creating an account in the Store is done by checking the appropriate checkbox in the process of placing an order or completing a stand-alone account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account does not remove the information about orders placed using the account, which information will be stored by the Seller until the expiry of the statute of limitations for claims under the contract concluded through the Store / throughout the operation of the Store, unless the Buyer objects to the storage of this information earlier, and the Seller does not have an overriding interest in its storage.
(5) If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending e-mails to the Buyer containing information about the Seller's news, promotions and products. Subscribing to the newsletter takes place by completing and submitting the newsletter subscription form or by ticking a relevant checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.
(6) Services are provided electronically to the Buyer free of charge. However, sales contracts concluded through the Shop are chargeable.
(7) In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
(8) The Seller takes steps to ensure the full proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
(9) Any complaints relating to the operation of the Store, the Buyer may submit by e-mail to the following address biuro@ol-home.pl In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 30 days from the receipt of the complaint and will inform the Customer of its resolution at the e-mail address of the complainant.
§ 4
Placing an order
1 The buyer can place an order either as a registered customer or as a guest.
(2) A registered customer is a Buyer who has an account with the Store. The Buyer may create an account by ticking the relevant checkbox in the ordering process or by filling in a stand-alone account registration form available in the Shop.
(3) If the Buyer has an account with the Store, he/she should log in to it before placing an order. Logging in is also possible when placing an order by clicking on the link available within the displayed message.
(4) The order is placed by filling in the order form after the products of interest to the Buyer have been added to the basket. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the Buyer also chooses the method of delivery of the ordered products and the method of payment for the order. Placing an order is conditional on accepting the Terms and Conditions, which the Buyer should read beforehand. In case of any doubts concerning the Terms and Conditions, the Buyer may contact the Seller.
The process of placing an order is completed by clicking on the button finalising the order. Clicking on the finalise order button constitutes a declaration of intent by the Buyer leading to the conclusion of a sales contract with the Seller,
If the Buyer has chosen online payment when placing an order, after clicking on the button finalise the order will be redirected to the payment gateway operated by an external payment operator to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalising the order he will be redirected to the Shop's page with the order confirmation and instructions for payment. Payment for the order should be made within 24 hours from the conclusion of the agreement.
(7) In the order form, the Buyer must provide true personal data. The Buyer shall be liable for providing false personal data. The Seller reserves the right to withhold the execution of the order in a situation where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to its correctness. In such a case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to clarify any circumstances related to the verification of the veracity of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any clarifications after the Buyer has made contact.
(8) The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although he has such a right in accordance with paragraph 7 above.
§ 5
Delivery and payment
The available delivery methods are described on the website of the Store and presented to the Buyer at the stage of placing the order. The cost of delivery of an order is borne by the Buyer, unless the Seller indicates otherwise on the website of the Store. The Seller has the right to decide to divide an order into several separate shipments without incurring additional costs for the Buyer.
(2) The available methods of payment for an order are described on the Shop website and presented to the Buyer at the stage of placing the order.
3.Electronic payments, including payment card payments, are handled by Tpay (Krajowy Integrator Płatności S.A. plac Andersa 3, 17th floor 61-894 Poznań)
(4) If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, at the e-mail address provided on the order form.
§ 6
Order processing
(1) The fulfilment of the order consists in the completion of the ordered products, their packaging for delivery to the Buyer and the dispatch of the consignment to the Buyer in accordance with the form of order delivery chosen by the Buyer.
(2) An order is deemed to be fulfilled as soon as the consignment is dispatched to the Buyer (entrusted to a carrier offering transport).
The lead time is always indicated next to each product. Ordered products should be released to the Consumer within 30 days, unless a longer period is clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description.
If the Purchaser has ordered products with different lead times, the Seller is bound by the longest lead time of all products included in the order, however, the Seller may propose to divide the order into several independent shipments to accelerate the lead time for some products.
§ 7
Withdrawal from a consumer contract
(1) A consumer who has entered into a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days of taking possession of the purchased items.
(2) Starting from 01.01.2021, the right to withdraw from the agreement on the principles described in this paragraph and arising from the Act on Consumer Rights shall also apply to a natural person concluding an agreement with the Seller directly related to his/her business activity, when it follows from the content of the agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Consequently, when the rights of the Consumer are referred to within the framework of this paragraph, as of 01.01.2021, these rights also apply to a person meeting the above criteria.
3 The right of withdrawal shall not apply to the contract:
1) Concluded at the company's registered office,
2) Contracted on special order by the customer (products made to order)
(4) In order to withdraw from the contract, the Consumer must inform the Seller of his/her decision to withdraw from the contract by an unequivocal statement - for example a letter sent by post, fax or e-mail.
(5) The consumer may use the model withdrawal form available at https://www.ol-home.pl however, this is not mandatory.
(6) In order to comply with the withdrawal period, it is sufficient for the Consumer to send information concerning the exercise of the Consumer's right of withdrawal before the withdrawal period has expired.
7. Consumer is obliged to return the product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline it is sufficient to send the product back before its expiry.
8. Consumershall bear the direct costs of returning the item.
(9) In the event of withdrawal, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of the products available in the Shop (if the cost was paid by the Consumer) immediately and in any case no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal. The payment shall be reimbursed using the same means of payment as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any charges in connection with the form of payment refund.
(10) If the Seller has not offered to collect the item from the Consumer itself, the Seller may withhold the refund of the payment received from the Consumer until it has received the item back or the Consumer has provided proof of return, whichever event occurs first.
11. Consumer shall be liable for any diminished value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.
§ 8
Liability for defects
(1) The seller is obliged to deliver a defect-free product to the buyer.
(2) The seller is liable to the buyer if the product sold has a physical or legal defect (warranty for defects).
(3) If the product sold has a defect, the Buyer may:
1) demand a replacement of the product with a defect-free one,
2) demand that the defect be rectified,
3) make a declaration of price reduction,
4) make a declaration of withdrawal.
(4) If the Buyer discovers a defect in the product, he should inform the Seller of this fact, specifying his claim related to the discovered defect or making a statement to this effect.
5. the buyer can use the complaint form available at the following address https://www.ol-home.pl , but this is not mandatory.
(6) The Buyer may contact the Seller both by post and by e-mail.
(7) The Seller shall respond to the complaint submitted by the Purchaser within 14 days of the day on which the complaint is delivered to him by such means of communication as the complaint was submitted by.
(8) The details of the Seller's warranty for defects are governed by the provisions of the Civil Code (Articles 556 - 576).
(9) Starting from 01.01.2021, the provisions on the Seller's warranty for defects of the sold thing concerning Consumers shall also apply to a natural person concluding a contract with the Seller directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
§ 9
Personal data and cookies
1 The administrator of the Buyer's personal data is the Seller.
2 The Buyer's personal data is processed for the following purposes and on the following legal bases:
1) the conclusion and performance of the contract - Article 6(1)(b) of the DPA,
2) fulfilment of tax and accounting obligations - Article 6(1)(c) of the DPA,
3) the defence, investigation or establishment of contractual claims, which is a legitimate interest pursued by the Seller - Article 6(1)(f) RODO,
4) Identification of the returning customer, which is a legitimate interest pursued by the Seller - Article 6(1)(f) RODO,
5) the handling of enquiries from Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller - Article 6(1)(f) RODO,
6) the dispatch of newsletters, following prior consent - Article 6(1)(a) RODO.
(3) Recipients of the Buyer's personal data are: courier companies, tax offices, accounting office, law firm, web host, invoicing system provider, CRM system provider, mailing system provider.
4 Due to the use of the MailChimp mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) due to its storage on servers located in the USA. The MailChimp system provider guarantees an adequate level of personal data protection by .
(5) The Buyer's personal data shall be stored in the Seller's database for the entire duration of the business activity in order to be able to identify the returning customer, which, however, the Buyer may object to by requesting that his or her data be deleted from the Seller's database. If such an objection is made before the expiry of the limitation period for claims under the concluded contract, the Seller shall have an overriding interest in storing the Buyer's data until the expiry of the limitation period for claims. Accounting records containing the Buyer's personal data shall be stored for the period required by law. Data
6 The Buyer's rights related to the processing of personal data: the right to request from the Seller access to personal data, their rectification, deletion, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint to the President of the Office for Personal Data Protection.
(7) The provision of personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to a newsletter.
8 The shop uses cookie technology.
9. details related to personal data and cookies are described in the privacy policy available at www.ol-home.pl.
§ 10
Intellectual property rights
(1) The Seller hereby instructs the Buyer that the content available on the Shop website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the copyrights to which vest in the Seller.
(2) The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller's consent, with the exception of the use of the content within the framework of permitted personal use, constitutes an infringement of the Seller's copyright and may result in civil or criminal liability.
§ 11
Out-of-court complaint and redress procedures
(1) The seller agrees to submit any disputes arising in connection with the sale of goods to mediation. The details will be determined by the conflicting parties.
(2) The Consumer shall have the possibility to make use of out-of-court complaint and redress procedures. Among other things, the Consumer has the possibility to:
1) apply to a permanent amicable consumer court for the settlement of a dispute arising from a concluded sales contract,
2) apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,
3) seek the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
(3) For more detailed information on out-of-court complaint and redress procedures, the consumer may consult the following website http://polubowne.uokik.gov.pl .
(4) The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.
§ 12
Final provisions
(1) The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Shop without prejudice to the Buyer's acquired rights, including in particular the terms and conditions of contracts concluded prior to the change.
(2) The Seller reserves the right to amend the Terms and Conditions without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment of the Terms and Conditions. Buyers who have a registered user account will be informed of any change to the Terms and Conditions by sending a message to the e-mail address assigned to the user account. If the Buyer does not accept the new Terms and Conditions, he may delete his user account free of charge.
(3) Any disputes related to contracts concluded through the Store will be considered by the Polish common court of jurisdiction over the place of permanent establishment of the Seller. This provision does not apply to Consumers, for whom the jurisdiction of the court is considered under general rules. As of 01.01.2021, this provision also does not apply to an individual concluding a contract with the Seller directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity - in the case of such a person, the jurisdiction of the court is considered on general principles.
4. these Regulations shall apply from 26.09.2023.