These Terms and Conditions set out the sales rules of Le Désir Magda Wizner products offered in the online shop at http://sklep.le-desir.pl.
ONLINE SHOP TERMS AND CONDITIONS
1. Magda Wizner, a sole trader doing business as Le Désir Magda Wizner located at ul. Cementowa 34, 15-657 Białystok, entered in the Business Activity Central Register and Information Record of the Republic of Poland, NIP: 5422959704, REGON: 360088728, Tel.: +48 733 325 252, is the shop’s owner and administrator of personal data.
2. The products are sold via the Internet based on distance contracts between the purchaser (hereinafter ‘User’ or ‘Customer’) and the online shop http://sklep.le-desir.pl/ (‘Shop’ or ‘Seller’).
3. Orders can be placed using the following Internet browsers: Internet Explorer, Mozilla Firefox, Chrome, and Opera with enabled JavaSript and cookies.
4. Before placing an order, the Customer of the Shop should read these Terms and Conditions available (also for downloading) on our website.
5. Orders can be placed 24 hours a day, 7 days a week throughout the year. The Shop reserves the right to put limitations on using the Shop.
6. Placing an order should be understood as a process complete with going through all 4 stages of placing an order and validating it by pressing the ‘complete your order with payment’ button. To make sure the order is processed the Customer must include his or her order delivery details (first and last name, address, post code, town) and contact details (first and last name, phone, e-mail).
7. Fees for the order must be made within 3 working days from the date of order. In the absence of payment of the fee by the Buyer, the Seller has the right to cancel the order.
8. Placing an order requires filling the forms at each of the 4 stages of placing an order with accurate and factual information. If the Customer provides false, incorrect or incomplete details, the Seller will try to contact the Customer for complete and correct details. If the Seller is unable to contact the Customer, then the Seller may withdraw from the sales contract due to a lack of necessary data to process the order.
9. Following placing an order, the User will receive an automatic e-mail from http://sklep.le-desir.pl to confirm placing his or her order. In the event of IT system failure, the http://sklep.le-desir.pl shop reserves the right to confirm placing orders by phone.
10. Orders are accepted for processing:
a) upon crediting the payment on the http://sklep.le-desir.pl bank account with a direct bank transfer.
11. The maximum order fulfilment time (until before it is send to the User) is 10 working days. Up to 3 working days for a courier delivery service should be added to the order fulfilment time.
12. For orders with several items to be delivered in one package, the delivery time will depend on the availability of the last item at http://sklep.le-desir.pl. If, however, the delivery is going to take more than 10 days, then http://sklep.le-desir.pl will contact the Customer to decide on the delivery method (partial delivery, longer waiting time, cancellation of the entire order).
13. In promotional sales, the number of products is limited and orders are fulfilled on a ‘first come, first served’ confirmed payment basis until the exhaustion of products in promotion.
14. Prices of goods offered by the Shop are expressed in Polish zlotys and include VAT. Prices in different currencies are presented at their current exchange rates announced by NBP.
15. http://sklep.le-desir.pl reserves the right to change the prices of products in its offer without prior notice. Price changes do not apply to orders accepted for processing.
16. http://sklep.le-desir.pl reserves the right to withdraw some of the products from its offer without prior notice.
17. http://sklep.le-desir.pl delivers ordered products by courier.
18. VAT invoices are issued for each purchase.
19. Payments for ordered products can be made by a bank transfer to the bank account of http://sklep.le-desir.pl or through the online payment service PayU.
20. The shop is held liable for any physical or legal defects identified on a sold product, as defined by the Civil Code (warranty). The Seller is liable under the warranty, if a physical defect is found in a product within two years from the date of its delivery to the Customer. Claims for a removal of the defect or a replacement of a defective product with a defect-free product expire after one year from the discovery of the defect. If a product was purchases by the Consumer, the statute of limitation period cannot expire before the date referred to in sentence 2.
21. Consumer complaints should be communicated to http://sklep.le-desir.pl via e-mail, telephone or in writing.
22. If a defect is found in a product, the Customer can:
a) make a request to be offered the product at a reduced price or withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the faulty product for a defect-free product or removes the defect;
b) demand the Seller replace the defective product with a defect-free product or remove the defect. The Seller is obliged to replace the defective product with a defect-free product or remove the defect within a reasonable time, without excessive inconvenience to the Customer, in accordance with the relevant provisions of the Civil Code.
23. The relationship between the reduced price and the original contractual price should be based on the value of the defective product compared to the value of the defect-free product. The customer cannot withdraw from the contract, if the defect is negligible.
24. If the Customer is a consumer, then he or she can demand the product be replaced with a defect-free product instead of removing the defect proposed by the Seller, or demand the defect be removed instead of replacing the product with a defect-free one, unless it is impossible to bring the product into conformity with the contract in the manner chosen by the Consumer or it would involve significant costs compared to the solution proposed by the Seller. When evaluating the cost, the value of a defect-free product, the type and scope of the detected defect are taken into account together with any inconvenience the Customer might suffer if satisfied by a different solution.
25. The Seller shall handle complaints within 14 days of their receipt from the Customer. A product that fails to meet the conditions of the contract must be sent back to the Seller’s mailing address.
Withdrawal from the contract
26. In accordance with the act on the rights of consumers of 30 May 2014 (Dz. U. of 24 June 2014, item 827), the Buyer can return purchased products within 14 days from their receipt. Appendix 1 to these Terms and Conditions contains appropriate instructions in this respect. Appendix 2 to these Terms and Conditions contains a template of such a statement. The Customer can withdraw from the contract only if the ordered product is returned unchanged, save when the change was necessary in the ordinary course of administration. Return of reciprocal provisions of the parties follows immediately but not later than within 14 days. Purchased goods must be returned to ul. Mokotowska 28, 00-558 Warszawa The cost of the return is borne by the Customer. If the Customer chooses a delivery method other than the cheapest one offered by the shop, the shop is not obliged to refund any additional costs incurred by the Customer.
27. The costs of returned goods to the Buyer.
29. For all and any matters not regulated by these Terms and Conditions in relation to Customers, the provisions of Polish law apply, in particular the provisions of the Civil Code and other acts, and the act of 30 May 2014 on the rights of consumers. These Terms and Conditions must be interpreted in conformity with the provisions of law in force.
30. The User can access these Terms and Conditions at any time via the link on the home page of http://sklep.le-desir.pl.