Regulations of the LOOMAC online store
specifying, inter alia, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer
Provisions regarding the Preferred Entrepreneur apply to contracts concluded from January 1, 2021.
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 The right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Collecting opinions
Annex 1: Model withdrawal form
§ 1 DEFINITIONS
Working days - days from Monday to Friday, except public holidays.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Account - a free Store function (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up an individual account in the Store.
Buyer - any entity that buys in the Store.
Preferred Buyer - Preferential Consumer or Entrepreneur.
Preferred entrepreneur - a natural person concluding an agreement with the Seller directly related to his business activity, but not having a professional character for him (the definition applies to contracts concluded from January 1, 2021).
Regulations - these regulations.
Store - Loomac online store run by the Seller at https://loomac.com/.
Seller - MARTA EREN, an entrepreneur running a business under the name MARTA EREN LOOMAC, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 7742975982, REGON number 387302646, al. Jana Pawła II 35/95, 00-899 Warsaw, Poland.
§ 2 CONTACT WITH THE SELLER
Postal address: al. Jana Pawła II 35/95, 00-899 Warsaw, Poland
E-mail address: firstname.lastname@example.org
Phone: 793 211 535
Address for returning the goods (in the event of withdrawal from the contract): al. Jana Pawła II 35/95, 00-899 Warsaw, Poland
Address for sending the advertised goods: al. Jana Pawła II 35/95, 00-899 Warsaw, Poland
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store, you need:
a device with Internet access
To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.
§ 4 SHOPPING IN THE STORE
The prices of goods visible in the Store are the total prices for the goods.
The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
The product selected for purchase should be added to the basket in the Store.
Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
The Seller shall provide the privileged Buyer with a confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registration by providing his data with each possible order.
§ 5 PAYMENTS
You can pay for the order placed, depending on the Buyer's choice:
by ordinary transfer to the Seller's bank account;
via the payment platform:
If you choose to pay via the Blue Media payment platform, Blue Media S.A. is the entity providing online payment services.
If the Buyer selects payment in advance, the order must be paid within 7 Business Days of placing the order.
The seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.
§ 6 ORDER COMPLETION
The seller is obliged to deliver the goods without defects.
The order fulfillment date is indicated in the Store.
If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account. The order processing time is counted from the moment of obtaining a positive payment authorization;
In a situation where, under one order, the Buyer has purchased goods with a different delivery date, the order will be processed within the time limit applicable to the goods with the longest delivery date.
Countries in which the delivery is carried out:
The czech republic
Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
Via a courier company
Via the Polish Post
For InPost parcel machines
§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT
The preferential buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline to withdraw from the contract will expire after 14 days from the day:
in which the privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the privileged Buyer came into possession of the goods;
on which the privileged Buyer acquires the possession of the last item or on which a third party, other than the carrier and indicated by the Privileged Buyer, acquires the last item in the case of an agreement obliging to transfer the ownership of many items that are delivered separately.
In order for the Preferential Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
A privileged buyer may use the model withdrawal form (please contact us at email@example.com), but it is not obligatory.
In order to meet the deadline to withdraw from the contract, it is sufficient for the privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
EFFECTS OF WITHDRAWING FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer, other than the cheapest standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the date of receipt of the return of the goods.
The reimbursement will be made by the Seller using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, in any case the Privileged Buyer will not incur any fees in connection with this reimbursement.
The seller asks you to return the goods intact to the following address: al. Jana Pawła II 35/95, 00-899 Warsaw, Poland immediately, and in any case not later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiry of the 14-day period.
The privileged buyer bears the direct costs of returning the goods.
The privileged buyer is responsible only for the decrease in the value of the goods resulting from inadequate securing of the goods for transport and using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
If there is a need to return funds for a transaction made by the Buyer privileged with a payment card, the Seller will refund to the bank account assigned to this payment card.
§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE CONTRACT
The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the privileged Buyer or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract.
§ 9 COMPLAINTS
In the event of a defect in the goods, the Buyer has the option of complaining about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
When exercising the warranty, the Buyer may, on the terms set out in the Civil Code - subject to the provisions of § 11 sec. 5 and 6 of the Regulations:
submit a price reduction statement,
in the case of a significant defect - submit a statement of withdrawal from the contract,
demand that the item be replaced with one that is free from defects,
demand that the defect be removed.
The seller asks you to submit a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.
If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver the goods, in the case of a privileged Buyer - at the Seller's expense, to the address al. Jana Pawła II 35/95, 00-899 Warsaw, Poland.
If the product has an additional guarantee, information about it, as well as about its conditions, is available in the product description in the Store.
Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
The complaint will be considered by the Seller within 14 days.
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, With:
mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
assistance of the competent field of permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free help from the municipal or poviat Consumer Ombudsman;
ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
§ 10 PERSONAL DATA
The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for the processing of personal data in this case is:
the contract or actions taken at the request of the Buyer to conclude it (Article 6 (1) (b) of the GDPR),
the legal obligation on the Seller related to accounting (Article 6 (1) (c) of the GDPR) and
the legitimate interest of the Seller, consisting in the processing of data in order to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).
Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
The Buyer's data provided in connection with purchases in the Store will be processed until:
the contract concluded between the Buyer and the Seller will cease to apply;
the Seller will no longer be bound by the legal obligation to process the Buyer's data;
the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
- depending on what is applicable in a given case and what will happen at the latest.
The buyer has the right to demand:
access to your personal data,
transferring data to another administrator
as well as the law:
object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
In order to exercise his rights, the Buyer should contact the Seller using the data provided in § 2 of the Regulations.
If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.
§ 11 RESERVATIONS
It is forbidden for the Buyer to provide illegal content.
Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.
Agreements concluded on the basis of the Regulations are concluded in Polish.
In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.
Any liability of the Seller towards the Buyer who is not the Preferred Buyer, within the limits permitted by law, is limited to the amount of the order placed by the Buyer and up to 1 year from the delivery of the goods.
The Seller's liability under the warranty towards the privileged Entrepreneur is, within the limits permitted by law, limited to the amount of the order placed by the privileged Entrepreneur and to 1 year from the delivery of the goods.
§ 12 OPINIONS
1. REVIEWS IN THE ONLINE STORE
1.1. The Online Store customer has the option of voluntarily and free of charge issuing an opinion on purchases made in the Online Store. The subject of the opinion may also be an assessment, photo or review of the purchased product In the Online Store.
1.2. After the purchases made in the Online Store, the Seller sends it to the Customer an email with a request for an opinion and a link to the online form enabling its issuance - the online form allows for granting answers to the Seller's questions about purchases, their evaluation and addition own description of the opinion and a photo of the purchased product. In the absence of
issuing a review after receiving the first invitation to issue a review. The seller resends the invitation.
1.3. The opinion may only be issued by the Customer who made purchases in the Store Online Merchant.
1.4. Opinions issued by the Customer are published by the Seller in the Store Website and the TrustMate.io business card.
1.5. The issuing of an opinion may not be used by the Client for actions unlawful, in particular to activities constituting an act of unfair competition towards the Seller or actions violating personal rights or property rights intellectual or other rights of the Seller or third parties.
1.6. The opinion may only be issued for actually purchased products in the Store Online Merchant. It is forbidden to conclude fictitious / sham contracts sale for the purpose of providing feedback. The author of the opinion can also not be alone. The seller or his employees regardless of the basis of employment.
1.7. The issued opinion may be removed by its author at any time.