Terms and conditions - Living Fance

WEBSHOP REGULATIONS

www.livingfance.pl
Living Fance Piotr Strójwąs
Gen. Józef Hauke-Bosak Street 7 25-217 Kielce
NIP: 6572771405
REGON: 524347703

§ 1

GENERAL PROVISIONS

1. The www shop livingfance.co.uk operates according to the rules specified in these Terms and Conditions.
2. The Regulations specify the terms and conditions of entering into and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the livingfance.pl shop, the rules for the provision of these services, and the terms and conditions of entering into and terminating agreements for the provision of services electronically.
3. Each Customer shall comply with these Terms and Conditions as soon as he or she starts using the electronic services of livingfance.eu.
4. In matters not covered by these Regulations, the provisions shall apply:
  1. 1. the Act on Provision of Electronic Services of 18 July 2002,
    2. Consumer Rights Act of 30 May 2014,
    3. Law on out-of-court resolution of consumer disputes of 23 September 2016,
    4. Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.

§ 2

DEFINITIONS CONTAINED IN THE RULES OF PROCEDURE

1. ORDER FORM - the form available on the website livingfance.co.uk to place an Order.
2. CUSTOMER - Customer who intends to conclude or has concluded a Sales Contract with the Seller.
3. CONSUMER - a natural person who makes a legal transaction with a trader which is not directly connected with the trader's commercial or professional activity.
4. ENTREPRENEUR - a natural person, a legal person and an organisational entity which is not a legal person but to which the law confers legal capacity, conducting a commercial or professional activity in its own name.
5. PRODUCT - a movable item available in the Shop which is the subject of a Sales Contract between the Customer and the Seller.
6. REGULATIONS - these Shop Rules.
7. SHOP - The Service Provider's online shop operating at livingfance.co.uk.
8. SALESMAN, SERVICE PROVIDER - Living Fance Piotr Strójwąs
  Gen. Józef Hauke-Bosak Street 7 25-217 Kielce
  NIP: 6572771405
  REGON: 524347703
9. SALES CONTRACT - Contract of Sale of a Product concluded between the Customer and the Seller via the Shop.
10. ORDER - the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
11. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§ 3

INFORMATION ON PRODUCTS AND THEIR ORDERING

1. The livingfance.co.uk shop sells Products via the Internet.
2. The products offered in the Shop are new, in conformity with the contract and have been legally introduced into the Polish market.
3. The information on the Shop's website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.
4. The price of the Product shown on the Shop's website is given in Polish zloty (PLN) and includes all components. The price does not include delivery costs.
5. Orders can be placed via the website using the Order Form (Shop livingfance.co.uk) - 24 hours a day, all year round.
6. It is a condition of placing an Order in the Shop that the Customer reads the Terms and Conditions and accepts them at the time of placing the Order.

§ 4

CONCLUSION OF THE SALES CONTRACT

1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order via the method made available by the Seller, in accordance with § 3 items 5 and 6 of the Terms and Conditions.
2. Once the Order has been placed, the Seller shall immediately acknowledge its receipt.
3. Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his Order. Confirmation of receipt of the Order is made by sending an e-mail message.
4. Confirmation of receipt of the Order includes:
  1. 1. confirmation of all essential elements of the Order,
    2. withdrawal form,
    3. these Terms and Conditions, including instructions on the right of withdrawal.
5. As soon as the Customer receives the e-mail message referred to in point 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
6. Each Sales Contract will be confirmed by a proof of purchase, which will be enclosed with the Product.

§ 5

METHODS OF PAYMENT

1. The seller provides the following payment methods:
  1. 1. payment by traditional bank transfer to the Seller's bank account,
    2. payment through an electronic payment system.
2. In the case of payment via an electronic payment system, the Customer shall pay before the Order is processed. The electronic payment system makes it possible to pay by credit card or fast transfer from selected Polish banks.
3. The Customer is obliged to pay the price for the Sales Agreement within 7 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
4. The product will only be dispatched once it has been paid for.

§ 6

COST, TIMING AND MEANS OF DELIVERY OF THE PRODUCT

1. The delivery costs of the Product, which are paid by the Customer, are determined during the Ordering process.
2. The delivery time for the Product consists of the time taken to complete the Product and the time taken for the delivery of the Product by the carrier:
  1. 1. The completion time for the Products is 14 working days,
    2. delivery of the movable goods by the carrier shall take place within the period declared by the carrier, i.e. 14 working days from the moment of dispatch (delivery shall only take place on working days excluding Saturdays, Sundays and public holidays).
3. Products purchased in the Shop are shipped exclusively in Poland via the Polish Post or a courier company.

§ 7

PRODUCT COMPLAINT

Claim for non-conformity of the Product with the contract.
The basis and scope of the Vendor's liability towards the Customer who is a Consumer for the Product's non-compliance with the contract are set out in the Consumer Rights Act of 30 May 2014, the basis and scope of the Vendor's liability towards the Customer who is an Entrepreneur under the warranty are set out in the Civil Code Act of 23 April 1964,

1. covers the costs of repair or replacement and of redelivery of the Product to the Customer,
2. shall reduce the price of the Product (the reduced price must be in the ratio of the price of the goods in conformity to the goods not in conformity) and shall reimburse the Consumer the value of the reduced price at the latest within 14 days of receipt of the reduction declaration from the Consumer,
3. in the case of withdrawal from the contract by the Consumer - the Seller shall return the price of the Product to the Consumer no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller's expense,
4. the response to the complaint shall be given on paper or on another durable medium, e.g. by e-mail or SMS.

§ 8

RIGHT OF WITHDRAWAL

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from the contract without stating reasons by submitting an appropriate declaration within 14 days.
2. In the event of withdrawal from the agreement, the Sales Agreement shall be considered unconcluded and the Consumer shall be 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 date on which he or she has withdrawn from the agreement, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.
3. In the event of withdrawal from the Sales Contract, the Product must be returned to the address:
  Gen. Józef Hauke-Bosak Street 7 25-217 Kielce
4. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the manner and timing of exercising the right of withdrawal and has not provided the Consumer with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer should only handle and inspect the Products in the same manner as he would be able to do so in a stationary shop.
5. Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with its delivery costs using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of reimbursement which does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund shall be made immediately, and at the latest within 14 days of receipt by the Seller of the notice of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method offered by the Shop, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by the Consumer.
7. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or provided proof of return, whichever event occurs first.
8. A Consumer withdrawing from a Sales Contract, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer may withdraw from the contract shall be calculated for the contract in the performance of which the Seller delivers the Product being obliged to transfer its ownership - from the day on which the Consumer (or a third person indicated by him/her other than the carrier) took possession of the Product.
10. The right of withdrawal from a distance contract does not apply to the Consumer in the case of a Sales Contract, inter alia, in which the subject of the performance is a non-refabricated product, produced to the Consumer's specifications or serving to meet his/her individual needs.
11. Both the Seller and the Customer have the right to withdraw from the Sales Contract if the other party to the contract fails to perform its obligation within a strictly defined period of time.

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider makes it possible through the Shop to use an Electronic Service such as concluding Product Sales Contracts.
2. The provision of the Electronic Service to Service Recipients in the Store shall take place under the terms and conditions set out in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Shop's website. Such content is an integral part of the Shop and the materials presented therein.

§ 10

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF E-SERVICES CONTRACTS

1. Provision of the Electronic Service specified in § 9.1 of the Regulations by the Service Provider is free of charge.
2. The contract for the provision of Electronic Services consisting of the possibility of placing an Order in the Shop is concluded for a definite period of time and is terminated as soon as the Order is placed or the Customer ceases to place it.
3. Technical requirements necessary to work with the ICT system used by the Service Provider:
  1. 1. a computer (or mobile device) with Internet access,
    2. access to e-mail,
    3. web browser,
    4. enable Cookies and Javascript in your web browser.
4. The Customer is obliged to use the Shop in a manner consistent with the law and good manners, with due regard for the personal rights and intellectual property rights of third parties.
5. The customer is obliged to enter factually correct data.
6. The recipient is prohibited from providing unlawful content.

§ 11

COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints relating to the provision of Electronic Services through the Shop may be made by the Customer via e-mail to the following address: living.fance@wp.pl.
2. In the aforementioned e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and your contact details. The information provided will greatly facilitate and expedite the handling of the complaint by the Service Provider.
3. The Service Provider shall deal with the complaint immediately, no later than within 14 days of the complaint.
4. The Service Provider's response to a complaint shall be sent to the Client's e-mail address specified in the complaint notification or in any other way specified by the Client
  Of course, here is an example of a paragraph on copyright protection that can be added to the terms and conditions of an online shop:
  
  § 12 Copyright protection
  
  Copyright: All material on the Store website, including, but not limited to, text, graphics, logos, images, video, multimedia content, as well as software and source code, is protected by copyright and is the property of [Your Company Name] or its licensors. Copying, modifying, distributing, transmitting or using these materials without the prior written consent of the copyright owner is prohibited.
  Limited licence: Customers of the Store are granted a limited, non-exclusive, non-transferable licence to use the Store website and its contents solely for their own personal, non-commercial use in accordance with applicable law. The licence granted does not include the right to copy, reproduce, modify, distribute, publish, or any other form of exploitation of the materials contained on the website, except as provided by applicable law.
  Consequences of infringement: Copyright infringement may result in appropriate legal action, including pursuing claims of copyright infringement and seeking damages. [Your Company Name] reserves the right to pursue all available legal remedies in the event of infringement of its copyright, including reporting the matter to the appropriate law enforcement authorities and taking action to protect its interests.
  Reporting Infringements: Any copyright infringement related to the materials on the Store's website should be reported to: [email address for reporting infringements].

§ 13

FINAL PROVISIONS

1. Contracts concluded through the Shop are concluded in accordance with Polish law.
2. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision.
3. Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
5. A customer who is a Consumer also has the right to make use of out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be reviewed by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may in particular lodge a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.