Terms and conditions and cookie policy
PRELIMINARY PROVISION
1.This document defines the terms of sale and provision of services within the online store operated at https://laplume.pl/ by Joanna Krawiec conducting business activity under the name 11studio Joanna Krawiec, Joanna Krawiec, under the name 11studio Joanna Krawiec, ul. Spadochroniarzy 5D/11, 20-043 Lublin, NIP number 7123059023, e-mail address: order.plume@gmail.com and telephone number +48 790 533 797; open Monday-Friday from 9:00 a.m. to 5:00 p.m., on the terms set out in these Regulations.
2. When the Customer decides to contact the Seller by telephone, he or she shall bear the costs of a standard telephone call, according to the rates of the operator he or she has chosen.
3. The Regulations are continuously available on the Store's websites, in a manner enabling their acquisition, reproduction and recording of their content by printing or saving on a medium at any time, and are made available to the Customer after the conclusion of the agreement in a manner enabling access to them in the future.
4. Acceptance of these Regulations is voluntary, but necessary to use the Online Store, including creating an account in the Online Store or placing an Order.
5.For the purposes of interpreting the Regulations, the following provisions mean:
a) Working day – any day of the week from Monday to Friday, excluding public holidays;
b) Order Form – an interactive form available in the Online Store that enables the Customer to place an Order;
c) Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, concluding a Sales Agreement;
d) Civil Code – the Act of 24 April 1964 - the Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended);
e) Account – a separate part of the Online Store, assigned individually to the Customer;
f) Consumer – a natural person who uses services provided electronically via the Store or concludes a sales agreement in a scope not directly related to their business or professional activity, i.e. a consumer within the meaning of Art. 221 of the Civil Code. A natural person concluding an agreement directly related to their business activity is also considered a consumer, when the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, disclosed in CEIDG;
g) Product – a product presented in the Online Store, being a movable item intended for sale;
h) Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
i) Regulations – this document;
j) Registration – a one-time action consisting in the creation of an Account by the Customer, performed using the registration form provided by the Seller on the website of the Online Store;
k) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
l) Online Store – an online store run by the Seller, available at https://laplume.pl/
m) Seller - Joanna Krawiec conducting business activity under the name 11studio Joanna Krawiec, Joanna Krawiec, under the name 11studio Joanna Krawiec, ul. Spadochroniarzy 5D/11, 20-043 Lublin, NIP number 7123059023
n) Sales Agreement – a sales agreement concluded as a result of the Order between the Customer and the Seller within the meaning of the Civil Code;
o) Electronic services – services provided by the Seller electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
p) Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2019, item 369, as amended),
q) Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
r) User – any single user of the Internet who uses the Electronic Services provided in the Online Store;
s) Order – a declaration of the Customer submitted via the electronic Order Form constituting an offer to conclude a Sales Agreement for a Product presented in the Online Store,
t) basket - a service provided to every Customer who uses the Online Store, consisting in enabling him to place an Order for one or more Products, enter discount codes enabling a reduction of the Price on the terms specified in separate agreements/regulations, display a summary of the Price of individual Products and all Products together (including any shipping costs), display the expected delivery date of the Products,
u) Distance contract – a contract concluded with the Consumer as part of an organized system of concluding distance contracts within the Shop, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract,
v) Proof of purchase – receipt, bill or sales receipt issued in accordance with the Act on Tax on Goods and Services of 11 March 2004, with subsequent amendments and other applicable legal provisions.
6. The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will each time be provided on the Store's websites or specified in separate regulations.
7. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion state otherwise.
8. Within the Store, contracts are concluded in Polish.
RULES OF USE OF THE ONLINE STORE
1. In order to use the Online Store, the User's IT system must meet the following requirements:
- a) a computer or mobile device with Internet access
- b) access to e-mail,
- c) standard web browser
- d) enabling Cookies and Javascript in your web browser,
- e) a program for reading and writing PDF files.
2. Using Electronic Services may involve a threat to every Internet user, consisting in the possibility of introducing malicious software into the User's computer system and obtaining and modifying his/her data by unauthorized persons. The User is advised to use appropriate technical measures that will minimize their occurrence.
3.The Seller informs that the Store uses cookie mechanisms. The principles of their use are regulated by the Cookies Policy available on the Store's website.
4. It is prohibited to provide and transmit content prohibited by law, including content promoting violence, defamatory or violating personal rights and other rights of third parties.
5. Persons using the Services and concluding a Sales Agreement on behalf of another person should have appropriate authorization in this respect. By accepting the Regulations, the person referred to in the previous sentence declares that they have authorization to use the Services and/or to conclude a Sales Agreement from the person on whose behalf the agreement is concluded.
6.The Seller enables the use of free services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
7.The User is obliged to use the Store in a manner consistent with the provisions of the law, the provisions of the Regulations and the principles generally accepted on the Internet.
CONCLUSION OF SALES AGREEMENT, PRODUCT REVIEWS
1. All Products available in the Online Store are brand new or used, free from physical and legal defects and have been legally introduced to the Polish market, unless the Seller has marked them as defective.
2. Each Product available in the Store has a description. The Product Description always indicates the basic features of the Product, in particular the type and price.
3. Products available in the Store should be used in a manner consistent with the information contained in the Product description or in the information placed on the Product or attached to the Product.
4. The prices of Products presented in the Store are gross prices and include all components, including VAT. The price of the Product does not include the cost of its delivery, unless it is expressly stated so in its description.
5. Information about Products presented in the Online Store does not constitute an offer, but an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
6. The photos and descriptions of the Products posted in the Store are of an illustrative nature. The photos and descriptions of the Products demonstrate the properties, appearance and performance parameters of the Product. The appearance of the Product in the photos presented in the Store may differ slightly from the appearance of the Product that is the subject of the Sales Agreement. Differences in the appearance of the Products may result from technical reasons related to the device with which the Customer uses the Store.
7.The sales process consists of the following activities: (i) adding Products to the basket, (ii) proceeding to checkout, (iii) confirmation of the content of the placed order, (iv) payment, (v) verification of the order, (vi) confirmation of acceptance of the order for execution (conclusion of the Sales Agreement), (vii) delivery.
8. In order to place an order and go through the ordering process, you must:
- Select Products from the available offer, their sizes and quantities,
- On the Store page displaying the given Product, click the "add to cart" button,
- Click the "proceed to checkout" button,
- Verify the list of Products ordered,
- Provide your contact details,
- Choose a delivery method and accept its cost,
- Select payment method,
- Confirm your order.
9. Until the selection of Products is confirmed by clicking the "place order" button, the Customer may make changes to the Products, contact details for delivery of the Products, delivery method, payment method, as well as the form of purchase confirmation, i.e. receipt or VAT invoice (later changes in this respect are not possible, e.g. issuing an invoice instead of a receipt or issuing a correction to an invoice not required under financial law, including changing the buyer's details on the invoice, in particular as a result of resale).
10.Clicking the "place order" button is tantamount to placing an order with the content indicated by the Customer, i.e. the Customer submitting an offer to purchase the products covered by the order.
11.The content of the order together with information on the costs of the Product and delivery will be displayed on the Store's website.
12. After placing the order, the Customer shall immediately make payment in accordance with the selected payment method. If the order is not paid for within 24 hours, the order is automatically canceled.
13.After paying for the order, a message will be sent to the e-mail address provided by the Customer in the order containing a summary of information regarding the order, i.e. the type of Products, the value of the order, the selected delivery method and its cost, the payment method and the Customer's contact details.
14. After the payment has been posted by the Store, the Seller processes the Customer's order for verification purposes. After successful verification of the order, the Seller accepts the order for execution. The Customer receives an electronic confirmation of the acceptance of their order for execution (so-called "Confirmation of order acceptance") to the e-mail address provided by them. Confirmation of the acceptance of the order by the Seller is tantamount to concluding a sales contract. The execution time is approximately 5 business days from the moment of posting the payment. Unless otherwise indicated.
15. Orders can be placed 24 hours a day, 7 days a week. Orders placed on non-working days will be fulfilled on the first working day following the day on which the order was placed.
16. The condition for placing and fulfilling an order is that the Customer provides the data necessary for the delivery of the Product, as well as accepts the content of the Regulations.
17. In the order form, the Buyer must provide true personal data. The Buyer is liable for providing false personal data. The Seller reserves the right to suspend the order in a situation where the Buyer has provided false data or when such data raises justified 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 explain all circumstances related to verifying the truthfulness of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has contacted them.
18.The Buyer declares that all data provided by him in the order form is true, however the Seller is not obliged to verify their truthfulness and correctness, although he has such right in accordance with paragraph 7 above.
19.Registration on the website is not necessary to place an order in the Online Store.
20. Until the Store confirms the acceptance of the order for execution, the Customer has the right to cancel the order. To do this, the Customer should immediately contact the Store via e-mail order.plume@gmail.com and inform the store about the cancellation of the order.
21. The Seller takes steps to ensure the availability of products presented in the Online Store. In exceptional cases, in particular when many customers place an order for the same product at the same time, it may happen that a given product is not actually available. In such a case, the customer, due to the impossibility of fulfilling the service, will receive information about the impossibility of fulfilling the order (based on the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code).
22.The seller does not allow for adding opinions about products in the online store. The seller indicates that consumer opinions posted on Google are not verified by him.
ELECTRONIC SERVICES
1.The Seller enables Users to use the following free Electronic Services: Account, Order Form, Newsletter.
2. In order to start using the Account management service, prior Registration in the Online Store is necessary, which is performed by completing and sending the Seller the registration form available on the Store's website.
3. The Account Management Agreement is concluded upon receipt by the User of the Registration confirmation for an indefinite period. The User may terminate the agreement at any time by sending an appropriate statement to the Seller or by using the "delete Account" button.
4. The Seller provides an Order Form that allows you to purchase Products presented in the Store. The service of providing the Order Form is provided for a specified period and is terminated when the Order Form is sent to the Seller.
5. Each User has the option to subscribe to the Newsletter in order to receive commercial and promotional information from the Seller to the email address provided by them. The Newsletter service is provided for an indefinite period. Each User may at any time revoke their consent to receive the Newsletter by sending the Seller a request to remove them from the list of subscribers or by unsubscribing using the link in the Newsletter content.
6. The Customer may order the service of receiving notifications about Products and the latest events regarding the laplume.pl brand ("Newsletter") by filling out the form located on the Store's website or in the Newsletter tab (https://laplume.pl/pages/newsletter).
7. To order the Newsletter service, the Customer provides their e-mail address to which they wish to receive the Newsletter and confirms acceptance of the Regulations.
8.The newsletter is sent in electronic form (e-mail).
9. By providing an e-mail address, the Client agrees to:
- processing of your personal data in accordance with the Regulations in order to receive notifications about Products and the latest events regarding the laplume.pl brand (marketing purposes);
- receiving commercial information from the Store within the meaning of Art. 10 sec. 2 of the Act of 18 July 2002 on the provision of services by electronic means to the e-mail address provided during registration (i.e. Journal of Laws of 2019, item 123, 730).
10. The Store uses the MailChimp platform to automate the Newsletter service. By subscribing to the Newsletter service, the Customer consents to the Seller transferring the personal data provided by the Customer to MailChimp (address: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA) for processing, in accordance with their Privacy Policy and Regulations. MailChimp is certified with the EU-US Privacy Shield Framework and meets the requirements of the GDPR.
11.The Customer may unsubscribe from the Newsletter service at any time by clicking on the link at the bottom of each e-mail received.
12. The Customer may order the service of entering the Customer on the list of Customers waiting for a one-time notification of the availability of the Product selected by the Customer ("Availability Notification") by filling out the form located on the Store portal next to the specific Product selected by the Customer.
13. In order to order the Notification of availability service, the Customer provides their email address to which they wish to receive a one-time notification of the availability of the Product selected by the Customer and confirms acceptance of the Regulations. The notification is sent in electronic form (e-mail).
14. A single notification applies to one selected Product at a time. To receive notification about a larger number of selected Products, the Customer places an order for the Notification of availability service for each of these Products.
15. In the event of a breach of the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease the violations with an appropriate deadline, may terminate the agreement for the provision of Electronic Services with immediate effect.
16. Any complaints regarding services provided electronically and related to the functioning of the online store https://laplume.pl/ may be submitted by the client to the following e-mail address: order.plume@gmail.com
17. A complaint submitted in this way will be considered by the Seller within 14 days from the date of its receipt by the Seller.
PAYMENT
1. The method of payment for Products is selected by the Customer when placing an order. The Store offers 4 (four) payment methods:
- PayPal Payment - PayPal (Europe) Sà rl & Cie, SCA, 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg;
- Online payments ⎯ Przelewy24 — PayPro SA ul. Kanclerska 15, 60-327 Poznań NIP: 779-236-98-87, Regon: 301345068; BLIK;
- Payment STRIPE ⎯ Stripe Inc ; SUB-INDUSTRY. Technology Services ; INCORPORATED. 04/13/2009 ; ADDRESS. 354 Oyster Point Blvd South San Francisco, CA 94080 United States. Payment by credit or debit card. MaestroCard, VISA.
- Klarna Deferred Payment - Buy now, pay in 30 days.
2. The order fulfillment begins after the Seller receives the payment for the Product and ends after the Customer receives the Product. At the time of delivery, the Customer is responsible for the risk associated with the Product (including loss or destruction).
3. The transfer of the amount due for a given Order should be made within 24 hours from the date of placing the Order. In the event of failure to make payment within the above deadline, the Order will be canceled and will not be fulfilled. The date of payment is the day the funds are credited to the Seller's bank account.
4. In the event of cancellation of part or all of the order, the payment will be refunded to the customer immediately, but no later than within 14 days from the date of cancellation – in full or in the appropriate part of the price, as appropriate.
5. Refunds will be made using the same payment method used by the customer, unless the customer has expressly agreed to a different refund method (including refund to a different bank account).
PRODUCT PRICE
1. All prices given in the Store are given in Polish zloty and include taxes, including value added tax (gross price). In the Polish and English language versions, prices are given in Polish zloty (PLN).
2.The customer does not have the option to change the currency from PLN to another, but only has the option to select the English language version.
3. Information about the price of the Product, features and essential properties of the Product are available in the Store and are placed next to the presented Product.
4. The Seller displays the price of the product or service in a clear and unambiguous manner. In each case of informing about a reduction in the price of the product or service, next to the information about the reduced price (e.g. reduced due to the introduction of temporary promotions) in the online store, the Seller displays the lowest last price of the Product available on the website of the online store in the last 30 days before the price reduction was applied.
5.The binding and final price is the price given in the Basket in the Order summary at the time the Customer places the Order via the Store.
6.The Seller reserves the right to change the prices of Products presented in the Store, withdraw and introduce new Products. The above authorization does not affect the Order/s that were placed before the date of entry into force of any of the changes referred to above.
7. The Seller reserves the right to make ongoing changes to the prices of Products and to conduct and cancel promotions, discounts and sales. The right referred to in the previous sentence does not affect Orders placed before the change in price, terms of promotions, discounts or sales. The time of promotional campaigns is limited. Discounts and promotions are not cumulative. Promotions, discounts and sales are valid for the period and on the terms indicated each time in the description of a given Product in the Store. The promotion, discount or sale lasts until 23:59 on the last day of their validity. Promotional, discount or sale prices are taken into account and apply only to Products ordered via the Store.
8.The Customer can browse Products by their categories.
9. The Order may be fulfilled provided that the Product is available in the Store. The Seller takes steps to ensure the availability of products presented in the Online Store. In exceptional cases, in particular in the event of simultaneous placement of an Order for the same Product by many Customers, it may happen that a given Product is not actually available. In such a case, the Customer, due to the impossibility of fulfilling the service, will receive information about the impossibility of fulfilling the Order (based on the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code).
DELIVERY
1.The store offers two delivery methods:
- Courier delivery to the address indicated by the Customer or
- Shipment to the Inpost parcel locker selected by the Customer.
2. The order will be processed after the funds paid by the Customer for the sales price and shipping costs (unless these were not charged as agreed) have been credited to the Seller's bank account in the selected payment system (Przelewy24, Stripe, PayPal or Klarna) and the order has been successfully verified by the Seller.
3. The Customer is informed about the cost of delivery of the Products during the ordering process. The Customer covers the cost of delivery of the Product to the correspondence address indicated by him.
4. At the time of shipping the order, the Customer will receive an electronic confirmation of shipping of the order to the e-mail address provided by him/her.
5. In exceptional situations, in particular when there may be a delay in the delivery of the Product, the order processing time is additionally confirmed by the Brand Owner via e-mail or telephone.
6.The products are delivered to the address indicated by the Customer in the order via the DPD courier company or to a parcel locker via INPOST.
7.Estimated delivery time for domestic orders is 1-2 business days from the day following the shipment. The delivery time carried out by an external company (DPD or INPOST) may be extended for reasons beyond the Seller's control.
8.When receiving a parcel delivered by a courier, the Customer should carefully check the completeness of the contents of the parcel, the condition of the external packaging and the condition of the ordered Product in his presence. In the event of damage to the parcel, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
9. In the event of failure to collect the parcel from the courier or from the Inspot Parcel Locker, the Customer shall be charged both the fee to the Customer or the selected Parcel Locker, as well as the fee for returning the parcel to the Seller, for which the Seller shall be borne by the courier company DPD and InPost.
10. The Seller fulfills orders in the territory of the Republic of Poland, the European Union and outside the European Union. In the case of an order placed outside the customs territory of the European Union, the buyer may incur other, additional costs related to the so-called customs debt, i.e. the obligation to pay import duties by the consumer, who will also be the importer of the given goods.
COMPLAINTS REGARDING THE SELLER'S LIABILITY FOR THE NON-CONFORMITY OF THE GOODS WITH THE CONTRACT
1. The basis and scope of the Seller's liability towards the Consumer, if the sold product is not in accordance with the contract, are specified in the Consumer Rights Act.
2. The Seller undertakes to deliver Products free from physical and legal defects, unless the Product description indicates that the Product is not of full value. It is presumed that the lack of conformity of the product with the contract, which became apparent within two years from the time of delivery of the product, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the product or the nature of the lack of conformity of the product with the contract.
3. Before accepting the shipment with the purchased Product, the Customer should check whether the shipment has not been damaged during transport. In the event of damage, the Customer is entitled to refuse to accept the shipment and then contact the Seller to determine the further course of action.
4. In the event of defects in the Product, the Seller shall be liable to the Customer who is a Consumer for the seller's liability for the non-conformity of the goods with the contract for defects under the terms specified in Art. 43a-43g of the Consumer Rights Act.
5. The description of each product in the Store includes its properties and technical parameters.
6. If the product requires it, the Seller provides the Customer with information on how to use the purchased product, in the form of a document attached to the product or in the form of information published on the seller's website or sent in a PDF file, in an e-mail message to the Customer. This information also specifies the principles of maintenance of the purchased product.
7. The goods are in accordance with the contract if, in particular, the following are in accordance with the contract:
a.description, type, quantity, quality, completeness and functionality;
b.suitability for a specific purpose for which it is required by the Consumer, about which the Consumer informed the Seller at the latest at the time of conclusion of the Agreement and which the Seller accepted.
8. In addition, in order to be considered as compliant with the contract, the goods must:
1.be fit for the purposes for which a product of this type is normally used, taking into account applicable laws, technical standards or good practice;
2. be present in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, that are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
a.he was not aware of the public statement in question and, judging reasonably, could not have been aware of it,
b.before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was given, or in a comparable manner,
c.the public assurance had no influence on the Consumer’s decision to conclude the contract;
3.be supplied with the packaging, accessories and instructions that the Consumer may reasonably expect to be supplied;
4.be of the same quality as the sample or model that the Seller made available to the Consumer before concluding the Agreement and correspond to the description of such sample or model.
9.If the product is inconsistent with the contract, the Consumer may request its repair or replacement.
10. The Seller may make an exchange when the Consumer requests a repair, or the Seller may make a repair when the Consumer requests a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into conformity with the agreement.
11. When assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the product with the Agreement, the value of the product in accordance with the Agreement and excessive inconvenience to the Consumer resulting from the change in the method of bringing the product into conformity with the agreement.
12. The Seller shall repair or replace the Product within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the contract and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
13. The Consumer makes available to the Seller the product subject to repair or exchange. The Seller collects the product from the Consumer at its own expense.
14. If the product was installed before the non-conformity of the product with the contract was revealed, the Seller shall dismantle the product and reassemble it after repair or replacement or have these activities performed at its own expense.
15.The consumer is not obliged to pay for normal use of the product that was subsequently replaced.
16. If the product is inconsistent with the contract, the Consumer may submit a declaration requesting a price reduction or withdrawal from the Contract when:
a.The Seller refused to bring the product into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
b.The Seller has not brought the product into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
c.the lack of conformity of the product with the contract persists despite the Seller’s attempts to bring the product into conformity with the contract;
d. the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;
Without the Seller's statement or the circumstances, it is clear that the Seller will not bring the product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
17. The reduced price must be in such proportion to the price resulting from the contract that the value of the product that is not in accordance with the contract is in proportion to the value of the product that is in accordance with the contract. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
18.The consumer cannot withdraw from the contract and demand a refund of the price for the product if the lack of conformity of the product with the contract is immaterial. It is presumed that the lack of conformity of the product with the contract is material.
19. If the lack of conformity with the contract concerns only some of the products delivered under the contract, the Consumer may withdraw from the contract only in relation to those products, and also in relation to other products acquired by the Consumer together with the products that are not in conformity with the contract, if the Consumer cannot reasonably be expected to agree to retain only the products that are in conformity with the contract.
20. In the event of withdrawal from the contract, the Consumer shall immediately return the product to the Seller at his expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
21. The Seller shall refund the price using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him.
22. The consumer may refrain from paying the price until the Seller has fulfilled the obligations arising from Article 43d and Article 43e of the Consumer Rights Act.
23. The Seller shall not be liable for the non-conformity of the product with the sales contract if the Consumer, at the latest at the time of conclusion of the sales contract, received clear information that the purchased product was of inferior value (e.g. a product that was damaged, dirty, etc.) and accepted the lack of a specific product feature.
24. The Customer shall file a complaint about the product by sending the complained product to the Seller's address, including the content of the complaint notification in the shipment; alternatively, the consumer may previously inform the Seller by e-mail by sending the complaint by e-mail. The complaint notification may be filed by the Customer using the Complaint Form developed by the Seller - however, the use of the form is not obligatory. In the event that the Customer waives the possibility of using the Complaint Form, they are obliged to file a complaint in writing, specifying to the extent possible (which means that the requirements specified in this point are only recommendations and do not affect the effectiveness of complaints submitted omitting the recommended description of the complaint):
1. identification data (name and surname), contact data (e-mail, telephone number) and address data (address) allowing for the proper conduct of the complaint process,
2. identification of the product being complained about, the date of its purchase, as well as the identification of the document confirming the purchase (VAT invoice/receipt), which will significantly speed up the complaint process,
3. information and circumstances regarding the subject of the complaint, in particular the type and date of the defect/non-conformity of the Product with the contract,
4. Customer's request, i.e. a request for a method of bringing the product into compliance with the sales contract (repair or replacement) or a statement of price reduction or withdrawal from the sales contract,
5. any designation of the bank account to which the refund of the paid price is to be made.
6. information about whether the Customer has the status of an entrepreneur with consumer rights.
25.It is recommended that the product being complained about is clean, which will significantly speed up the processing of the complaint.
26.The Seller undertakes to consider each complaint regarding the Product within 14 days.
27. The Seller shall not be liable if, due to the Consumer providing incorrect address, name or bank account number, (i) sending the Product free from defects or making a refund is not possible, (ii) there is a delay in this respect, (iii) the refund is made to a bank account not belonging to the Consumer or (iv) the Product free from defects is sent to an address not belonging to the Consumer.
28.No provision of the Regulations limits the rights of the Consumer, which he/she is entitled to under the provisions of the law in force in the territory of Poland. In the event of finding the existence of a provision of such a nature, the provisions of the law in force in the territory of Poland shall apply, in particular the Civil Code.
29. The consumer may exercise the rights arising from the seller's liability for the non-conformity of the goods with the contract regardless of the rights arising from the manufacturer's warranty. In the event that the Product is covered by the warranty, information on this subject will always be included in the description of the Product in the Store. Detailed conditions for exercising the rights under the warranty referred to in this paragraph are included in the warranty card attached to the Product covered by the warranty in question.
30. Complaints should be sent to the Seller:
a)by letter to the following address:
PLUMÉ
UL. GĘSIA 33 ROOM 37,
20-719 LUBLIN
with the note Online store – complaint
At the same time, if possible, please contact us in advance by e-mail at: order.plume@gmail.com
31.A sample complaint form can be downloaded from the seller's website or here .
32. In the event of a defect in the Product, the Seller may be liable to Entrepreneurs under the provisions on warranty pursuant to Article 556 et seq. of the Civil Code.
33.The Seller shall not be liable for any damage or loss of profits towards the Entrepreneur, unless the above damage was caused intentionally by the Seller.
34. For the avoidance of doubt, the provisions of paragraphs 32-33 above shall not apply to a natural person concluding a contract directly related to his or her business activity, when it results from the content of such contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by him or her, made available under the provisions on the Central Register and Information on Business Activity.
CONSUMER WITHDRAWAL FROM THE CONTRACT
1.The customer has the right to withdraw from a contract concluded at a distance or outside the entrepreneur's premises within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the date on which the Customer came into possession of the goods or on which a third party other than the carrier and indicated by the Customer came into possession of the goods.
3. In order to exercise the right to withdraw from the contract, the Customer must inform the Store of their decision to withdraw from this contract by means of an unequivocal statement, e.g. a letter sent by e-mail to the following address: order.plume@gmail.com or by traditional mail to the following address:
PLUMÉ
UL. GĘSIA 33 ROOM 37,
20-719 LUBLIN
with the note Online store – withdrawal from the contract
In order to meet the deadline for withdrawal from the contract, it is sufficient to send information regarding the exercise of the Customer's right to withdraw from the contract before the deadline for withdrawal expires.
4. In the event of returning goods from an order to which a promotional freebie was attached, the Customer is also obliged to return the freebie in question. In the event of refusal to return the freebie, the Store will refund the Customer the price of the returned items reduced by the value of the freebie - in accordance with the price of the freebie.
5. Consequences of withdrawal from the contract:
a.The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, return to the Consumer all payments made by him, including the purchase price of the Product and the costs of delivering the Product to the Consumer. In each case, no later than 14 days from the date on which the Store was informed of the customer's decision to exercise the right to withdraw from the agreement. The payment will be returned using the same method that the Consumer used, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him. The Store may withhold the return of the payment until the item is received or until proof of its return is provided, depending on which event occurs first.
b.The Consumer is obliged to return the Goods to the Seller at their own expense – immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller's address before the expiry of this period.
c. The right to withdraw from the Sales Agreement does not apply, among others, to the Customer who is a Consumer in relation to agreements in which the Goods are non-prefabricated items manufactured according to the Consumer's specifications or intended to meet their individual needs (Article 38 of the Consumer Rights Act) and also in accordance with Article 38, paragraph 1, point 5 of the Consumer Rights Act, the return of a swimsuit is possible if the seal connecting the product is intact, e.g. the sanitary liner has not been torn off or damaged.
d.If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller. The Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
eIn the event of withdrawal, the Customer who is a Consumer shall bear only the direct costs of returning the Goods, i.e. the costs of sending the Goods to the Seller.
f.The Consumer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The address to which the Customer returns the goods is:
PLUMÉ
UL. GĘSIA 33 ROOM 37,
20-719 LUBLIN
with the note Online store – withdrawal from the contract
6. A sample withdrawal form can be downloaded from the seller's website (or here) .
7. The provisions contained in this § 9 of the Regulations concerning the consumer shall apply in accordance with Article 38a of the Act on Consumer Rights from 1 January 2021 and for contracts concluded from that date, also to the Buyer who is a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity
8. A Customer who is an Entrepreneur has no right to withdraw from the sales contract concluded with the Seller.
9. The Seller has the right to withdraw from the sales agreement concluded with the Customer who is an Entrepreneur within 14 calendar days from the date of its conclusion. Withdrawal from the sales agreement in this case may occur without giving a reason and does not create any claims on the part of the Customer who is an Entrepreneur against the Seller.
10. A consumer who has created a Customer Account may withdraw from the Customer Account agreement within 14 days without giving a reason and without incurring any costs other than those provided for by law (which constitutes the statutory right of withdrawal for Customers who are Consumers). The period for withdrawal from the Customer Account agreement begins on the day on which the Customer obtained access to digital content or a digital service.
OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
1. The consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims. Among others, the consumer has the possibility of:
a.to apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract,
b.to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably settle the dispute between the Consumer and the Seller,
c. using the assistance of the district (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection.
2. The Consumer may find more detailed information on out-of-court methods of handling complaints and pursuing claims on the website http://www.polubowne.uokik.gov.pl.
3. 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 entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or a service contract.
PERSONAL DATA
1. The Customer's personal data registered in the Store are processed by the Seller as the data controller in accordance with applicable Polish and EU law, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) for purposes related to transactions made within the Store and for purposes arising from legally justified interests pursued by the Seller, as well as based on the Customer's consent - for purposes consistent with the content of the consent granted, including commercial and marketing purposes.
2. The administrator of personal data (within the meaning of art. 4 point 7 of the GDPR) of Customers, including Users using the functionalities of the Store, is the Seller, i.e. Joanna Krawiec conducting business activity under the name 11studio Joanna Krawiec, Joannę Krawiec, under the name 11studio Joanna Krawiec, ul. Spadochroniarzy 5D/11, 20-043 Lublin, NIP number 7123059023,
3.Personal data is used solely for the purpose of order fulfillment and, subject to the Customer’s consent, for the purpose of informing about new products, services and promotions offered by the https://laplume.pl/ store and will not be made available to other entities.
4. The data provided will be processed pursuant to Article 6, paragraph 1, letter GDPR for the purposes indicated in point 1 above.
5. Providing personal data by the Customer in the Store is voluntary, but necessary to make transactions within the Store. Failure to provide personal data prevents the creation of an account in the Store and making transactions within the Store. This does not apply to the processing of data for commercial and marketing purposes, which is only carried out in the case of voluntary consent, regardless of transactions within the Store.
6. The Customer has the right to demand from the Seller access to personal data concerning him, the right to rectify, delete or limit their processing.
7. The Customer has the right to withdraw consent to the processing of personal data at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
8. Personal data will be processed for the period necessary to complete orders, services, marketing activities and other services provided to the Client. Personal data will be deleted in the following cases:
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when the data subject requests their deletion or withdraws their consent;
- when the data subject takes no action for more than 10 years (inactive contact);
- upon receipt of information that the data stored is out of date or inaccurate.
9. Some data, including e-mail address, name and surname, may be stored for the next 3 years for evidentiary purposes, handling complaints, grievances and claims related to the services provided by the Online Store - this data will not be used for marketing purposes.
10. Data relating to orders for paid Goods and services, competitions and loyalty programs will be stored for a period of 5 years from the date of delivery of the order.
11. We store data regarding Customers who are not logged in for a period corresponding to the life cycle of cookies stored on devices or until they are deleted from the Customer's device by the Customer.
12. Personal data regarding preferences, behaviors and selection of marketing content may be used as a basis for making automated decisions to determine the sales opportunities of the Online Store.
13. The Client has the right to lodge a complaint with the President of the Personal Data Protection Office if he or she considers that the processing of his or her personal data violates the provisions of the law.
14. The Client's personal data will be processed in the form of analytical, sales and marketing profiling, in order to adapt the materials directed by the Seller to the needs and interests of the Client and to make measurements that will allow the Seller to improve the services it provides. The recipients of personal data may include, among others:
- Joanna Krawiec conducting business activity under the name 11studio Joanna Krawiec, Joanna Krawiec, under the name 11studio Joanna Krawiec, ul. Spadochroniarzy 5D/11, 20-043 Lublin, NIP number 7123059023, as the controller of personal data, as well as:
- entities authorized to obtain personal data on the basis of mandatory provisions of European Union law or Polish law, e.g. courts or public administration bodies, state bodies,
- banks and entities providing electronic payments for the purpose necessary to execute the sales contract and for the purpose necessary to process payments related to the conclusion and execution of the sales contract,
- subcontractors, suppliers or contractors acting on behalf of the Seller for the purpose of preparing, producing, packaging, and shipping the products that are the subject of the sales contract,
- entities providing IT services and IT software,
- accounting offices providing financial and accounting services,
- auditors or auditing firms auditing financial statements,
- law firms providing legal advisory services,
- postal operators and courier service providers;
15. All entities to which we entrust the processing of personal data process personal data on the basis of a personal data processing agreement concluded with the Seller and only in accordance with the Seller's instructions.
16. The Administrator carefully selects entities with which it cooperates or whose services it uses when processing personal data, striving to ensure maximum data protection through the use of appropriate personal data protection and security measures required by law.
17. Personal data may be transferred to processors cooperating with https://laplume.pl/ (e.g. a courier company delivering purchased products, an IT service provider, a debt collection company, a mailing company, etc.). The data will not be transferred to recipients located in countries outside the European Economic Area.
INTELLECTUAL PROPERTY RIGHTS
1. All rights to the Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Store's website, as well as patterns, forms, logos and photos posted on the Store's website (with the exception of certain logos and photos presented in the Store, the copyrights to which belong to third parties) belong to the Seller.
2. The products provided by the Seller and available in the Store constitute the intellectual property of the Seller, are a work within the meaning of the Copyright and Related Rights Act and are subject to legal protection.
3. Any use by anyone, without the express written consent of the Seller, of any of the elements constituting the content of the website https://laplume.pl/ constitutes a violation of the copyright of the Seller and results in civil and criminal liability.
COOKIE POLICY
1. Information related to logging in may be collected via the website, i.e. IP address, search engine type, language, access hours and the address of the page from which the user was redirected (so-called cookies).
2. Cookies are computer data saved in the form of text-numeric files that are placed in the end devices of Internet users. Such a end device may be a mobile phone, laptop, tablet. These files are used and placed when the Internet user connects to a given website.
3.The entity that places cookies on the end device of the Store User and obtains access to them is the Store operator.
4. Cookies are used for the purpose of: adapting the content of the Store's websites to the User's preferences and optimizing the use of websites; in particular, these files allow the Store User's device to be recognized and the website to be properly displayed, tailored to their individual needs, creating statistics that help understand how the Store Users use the websites, which allows for the improvement of their structure and content.
5. The Store uses two basic types of cookies: "session cookies" and "persistent cookies". "Session" cookies are temporary files that are stored on the User's end device until they leave the website or turn off the software (internet browser). "Persistent" cookies are stored on the User's end device for the time specified in the cookie parameters or until they are deleted by the User.
6.The following types of cookies are used within the Store: o "essential" cookies, enabling the use of services available within the Store, e.g. authentication cookies used for services requiring authentication within the Store; cookies used to ensure security, for example used to detect abuses in the scope of authentication within the Store; o "performance" cookies, enabling the collection of information on the manner of using the Store's websites; o "functional" cookies, enabling the "remembering" of settings selected by the User and personalization of the User interface, e.g. in terms of the selected language or region from which the User comes, font size, appearance of the website, etc.; o "advertising" cookies, enabling the provision of advertising content to Users that is more tailored to their interests.
7. In many cases, the software used to browse websites (internet browser) allows cookies to be stored on the User's end device by default. Shop Users can change the cookie settings at any time. These settings can be changed in particular to block the automatic handling of cookies in the settings of the internet browser or to inform about each time they are placed on the Shop User's device. Detailed information about the possibilities and methods of handling cookies is available in the software (internet browser) settings.
8.The Store Operator informs that restrictions on the use of cookies may affect some functionalities available on the Store's websites.
9. Cookies placed on the end device of the Store User and may also be used by advertisers and partners cooperating with the Store operator.
10.More information about cookies is available at www.wszystkoociasteczkach.pl or in the "Help" section in the web browser menu.
SERVER LOGS
1.Using the site involves sending queries to the server where the site is stored. Each query directed to the server is saved in the server logs.
2. Logs include, among others, your IP address, server date and time, information about the web browser and operating system you are using. Logs are saved and stored on the server.
3. Data stored in server logs is not associated with specific people using the website and is not used by us to identify you.
4. Server logs constitute only auxiliary material used to administer the website and their content is not disclosed to anyone other than persons authorized to administer the server.
GENERAL PROVISION
1.The Seller has the right to make changes to the Regulations for important reasons, which include in particular changes to legal regulations. Orders accepted for execution before the changes to the Regulations enter into force are executed on the same terms as before.
2. The Seller reserves the right to introduce and withdraw offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change was made.
3. The Seller reserves the right to change the Regulations at any time. In the event of a change in the provisions of the Regulations, the provisions of the Regulations in force on the date of conclusion of the Agreement shall apply to Agreements concluded before the change was introduced.
4. The Seller reserves the right to make changes to the Regulations, to the extent permitted by applicable regulations. The Seller is entitled to unilaterally change the Regulations to the extent that has not been individually agreed with the User for justified reasons. A justified reason is in particular considered to be:
a.change in the provisions of law generally applicable in the territory of the Republic of Poland to the extent that such change in the provisions modifies the content of the Regulations or imposes on the Seller an obligation to make a specific modification to the Regulations;
b.The Regulations require supplementation, clarification or modification due to the provisions of the law generally applicable in the territory of the Republic of Poland or due to the need to create greater transparency of the Regulations - to the extent that supplementation, clarification or modification of the Regulations is permitted by law or due to the need to increase the transparency of the Regulations;
c. the issuance by public administration bodies of decisions or acts of a similar nature, as well as guidelines in which these documents modify the content of the Regulations or impose on the Seller an obligation to modify the Regulations in a specific way;
d. introduction by the Seller of new functionalities of the Website or modification of their current scope – to the extent that the new functionalities modify the content of the Regulations;
e. introduction of new IT systems or modification of existing ones by the Seller – to the extent that they affect the content of the Regulations, and the modification of the Regulations is objectively necessary and directly related to the introduction of new IT systems or modification of existing ones;
f. the emergence of a court or administrative decision from which it follows that the content of the Regulations is contrary to the law - to the extent that from the point of view of the Consumer or Entrepreneur with consumer rights, the proposed change to the Regulations is to his benefit.
5. The Seller informs the User about the proposed change to the Regulations by publishing it on the Website.
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the content of the proposed amendment to the Regulations;
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the date of entry into force of changes to the Regulations;
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uniform content of the Regulations after amendments;
6.The Store reserves the right to change the e-mail addresses provided in the Regulations. The changes referred to in the previous sentence do not constitute a change to the Regulations.
7. If the content of the new Regulations is not accepted, the Buyer has the right to terminate the account management agreement at any time by deleting the account or submitting an appropriate declaration to the Seller, in any form, on termination of the account management agreement.
8. Any disputes arising between Joanna Krawiec, conducting business activity under the name 11studio Joanna Krawiec, Joanna Krawiec, under the name 11studio Joanna Krawiec, ul. Spadochroniarzy 5D/11, 20-043 Lublin, NIP number 7123059023, and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
9. Any disputes arising between [the entity running the online store] and the Customer who is not a consumer within the meaning of Art. 22[1] of the Civil Code shall be submitted to the court with jurisdiction over the seat of the entity running the online store.
10. In matters not regulated, the provisions of applicable law shall apply, including the Civil Code and the Consumer Rights Act. If applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and are therefore binding on the Seller.
COPYRIGHT NOTICE FOR SALES REGULATIONS
The owner of all material copyrights to the template of these Sales Regulations is the Contractor, who has granted this store a non-exclusive and non-transferable right to use these Sales Regulations for purposes related to its own commercial activity on the Internet. Copying and distributing the template of these Sales Regulations without the consent of the Contractor is prohibited and may be subject to both criminal and civil liability.
Appendix 1. SAMPLE WITHDRAWAL FORM
(THE ATTACHMENT CAN BE DOWNLOADED BY CLICKING ON THIS LINK ).