Terms & Conditions
The conclusion of the contract between the Buyer and the Seller can be done in two ways.
The Buyer, before placing an order, has the right to negotiate any provisions of the contract with the Seller, including those changing the provisions of the following terms and conditions. These negotiations should be conducted in writing and addressed to the Seller (Loveink Paweł Bubiak, ul.Krakowska, 41/79, 50-494 Wrocław).
If the Buyer resigns from the possibility to conclude a contract by individual negotiations, the following regulations and appropriate legal regulations shall apply.
§ 1 Definitions
- Postal address - name and surname or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, flat or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality.
Delivery price list - located at https://loveink.store/pages/delivery-and-shipping-1 listing of available delivery types and their costs.
Loveink spółka z o.o.
- Delivery - kind of transport service including carrier and cost mentioned in the delivery price list available at loveink.com/deliveries
- Working days - means the days of the week from Monday to Friday excluding public holidays.
- Proof of purchase - invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant legislation.
- Product card - a single subpage of the shop containing information about a single product.
- Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality, but with legal capacity, making a purchase at the Seller's directly related to its business or professional activity.
- Civil Code - the Civil Code Act of 23 April 1964 as amended.
- Code of Good Practice - a set of rules of conduct, in particular the ethical and professional standards referred to in article 2 item 5 of the Act on Counteracting Unfair Competition. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
- Consumer - an adult individual with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity.
- Basket - a list of products made from the products offered in the shop on the basis of the Buyer's choices.
- Buyer - both a Consumer and a Client.
- Place of delivery - postal address or collection point indicated in the order by the Buyer.
- Time of delivery - the moment at which the Buyer or a third party indicated by him to collect the goods takes possession of the goods.
- Payment - the method of payment for the subject of the agreement and delivery listed at https://loveink.store/pages/methods-of-payment
- Consumer Law - the Consumer Rights Act of 30 May 2014.
- Product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's shop as a unit of measurement when determining its price (price/unit).
- Subject of the contract - the products and delivery being the subject of the contract.
- Subject of performance - the subject of the contract.
- Pick-up point - the place of delivery of items that is not a postal address, listed in the specification made available by the Seller in the shop.
- Item - a movable thing that can be or is the subject of the agreement.
- Shop - Internet service available at loveink.store, through which the Buyer can place an order.
LOVEINK Paweł Bubiak
NIP: PL5472119099, REGON: 363659976,
IBAN: PL 56 1050 1575 1000 0097 3985 0411
BIC SWIFT: INGBPLPW
- System - a set of cooperating IT devices and software, ensuring processing and storing as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.
- Lead time - the number of hours or working days specified on the product card.
- Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
- Defect - both a physical defect and a legal defect.
- Physical defect - non-compliance of the sold thing with the agreement, in particular if the thing:
- it does not have the properties, which the thing of this kind should have because of the purpose specified in the contract or resulting from the circumstances or purpose;
- does not have the properties, about the existence of which the Seller assured the Consumer,
- is not fit for the purpose about which the Consumer informed the Seller at the conclusion of the contract and the Seller did not make reservations as to such purpose;
- was delivered to the Consumer in an incomplete state;
- in the event of its incorrect assembly and start-up, if these activities have been carried out by the Seller or a third party for which the Seller bears responsibility, or by the Consumer who acted in accordance with the instructions received from the Seller;
- it does not have the properties, which were assured by the manufacturer or his representative or the person, who introduces an item to the market within the scope of his business activity and the person, who by placing his name, trademark or other distinctive sign on the sold thing presents himself as the manufacturer, unless the Seller did not know those assurances and, judging reasonably, could not have known or they could not have influenced the Consumer's decision to conclude the agreement, or if their content has been corrected before the conclusion of the agreement.
- Legal defect - the situation when the sold thing is the property of a third party or is encumbered with the right of a third party, and also if the restriction in the use or disposal of the thing results from the decision or ruling of a competent authority.
- Order - a declaration of will of the Buyer made through the shop, specifying unambiguously: type and quantity of products; type of delivery; type of payment; place of delivery of the items, Buyer's data and aiming directly at concluding an agreement between the Buyer and Seller.
§ 2 General Terms and Conditions
- The contract shall be concluded in the english language, in accordance with Polish law and these regulations.
- The place of delivery must be within the territory of the Europe.
- The Seller is obliged and undertakes to provide services and goods free from defects.
- All prices provided by the Seller are expressed in euro currency and are gross prices (including tax). Product prices do not include the cost of delivery, which is specified in the delivery price list.
- All time limits shall be calculated in accordance with Article 111 of the Civil Code, i.e. a time limit expressed in days shall expire on the last day, and if the beginning of a time limit expressed in days is an event, the day on which this event occurred shall not be included in the calculation of the time limit.
- Confirmation, making available, recording, securing all material provisions of the contract for future access to this information shall take the form of confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in pdf version, model withdrawal form in pdf version, links to download the terms and conditions and model withdrawal from the contract; attach to the completed order, sent to the indicated place of delivery of the goods, printed copies of: the proof of purchase, information on the right of withdrawal, these terms and conditions, model withdrawal form.
- The seller informs about known warranties granted by third parties for the products in the shop.
- The Seller shall not charge any fees for communication with him using the means of remote communication, and the Buyer shall bear its costs in the amount resulting from the agreement concluded with a third party providing him with a particular service enabling remote communication.
- The Seller assures the Buyer using the system that the shop works correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the shop, so in order to obtain full functionality of loveink.store shop, you should disable them all.
- Buyer may use the option to shop his/her data to facilitate the process of placing another order. For this purpose, the buyer should provide a login and password, necessary to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorised access by third parties. The Buyer may at any time inspect, correct, update his data and delete his account in the shop.
- The Seller complies with the code of good practice.
- The buyer is obliged to:
- not to provide and not to transmit content that is prohibited by law, such as content that promotes violence, defamatory or infringes personal rights and other rights of third parties,
- use the shop in a way that does not interfere with its functioning, in particular by using specific software or devices,
- not to take actions such as: sending or placing unsolicited commercial information (spam) in the shop,
- use the shop in a manner not disruptive to other buyers and the Seller,
- to use any content of the shop only for their own personal use,
- to use the shop in a manner compliant with the provisions of the law in force in the Republic of Poland, with the provisions of the regulations, as well as with the general principles of netiquette.
§ 3 Contract conclusion and performance
- Orders can be placed 24 hours a day.
- In order to place an order the Buyer should perform at least the following actions, some of which may be repeated several times:
- adding the product to the basket;
- choosing the type of delivery;
- Choice of the type of payment;
- choice of place of delivery;
- placing an order in the shop by using the "Order and pay" button.
- The conclusion of the contract with the Consumer occurs at the time of placing an order.
- Implementation of the Consumer's order paid on delivery takes place immediately, and the order paid by bank transfer or via electronic payment system after crediting the payment of the Consumer on the account of the Seller, which should take place within 30 days from ordering, unless the Consumer was unable to fulfill the service due to no fault of his own and informed the Seller of this.
- The conclusion of the contract with the Consumer takes place when the order is accepted by the Seller, of which he informs the Consumer within 48 hours of placing the order.
- The execution of the Customer's order paid on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via an electronic payment system after the conclusion of the contract and booking the Customer's payment on the Seller's account.
- The execution of the Customer's order may depend on the payment of all or part of the order value or obtaining a trade credit limit of at least the order value or the Seller's consent to send the order on delivery (paid on delivery).
- The subject of the contract shall be dispatched within the time limit specified in the product card, and in the case of orders consisting of several products, within the longest time limit specified in the product cards. The time limit begins to run when the order is completed.
- The purchased subject of the contract shall be sent, together with a sales document selected by the Buyer, by means of a delivery method selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the enclosures referred to in § 2 item 6/2.
- The entity providing online payment services is Paypal and stripe
§ 4 Registration
- Registration of a Customer Account is free of charge.
- In order to register a Customer Account, the Customer fills in the registration form made available by the Seller on the Store's website and sends the filled in registration form electronically to the Seller by selecting the appropriate function on the registration form. The Seller allows the Customers to register in order to conclude a Sales Contract with the Customer's account. After submitting the completed registration form the Client will receive by e-mail to the e-mail address given in the registration form a confirmation of the registration of the Client's Account by the Seller. With this moment, an agreement for electronic provision of the service of running a Customer Account is concluded, and the Customer gets the possibility to access the Customer Account and make changes to the data provided during the Registration.
§ 5 Right of withdrawal
- Pursuant to Article 27 of the Consumer Law, the consumer has the right to withdraw from a remote agreement, without giving any reason and without incurring costs, except for the costs referred to in Article 33, Article 34 of the Consumer Law.
- The deadline for withdrawal from the remote agreement is 14 days from the moment of issue of the item, and to meet the deadline it is sufficient to send a statement before its expiry.
- The declaration of withdrawal may be made by the Consumer on the form, a specimen of which is attached as Attachment No. 2 to the Consumer Law, or in another form in accordance with the Consumer Law.
- The Seller shall immediately confirm to the Consumer via e-mail (provided when concluding the agreement and other if it has been provided in the submitted statement) the receipt of the statement of withdrawal from the agreement.
- In the case of withdrawal from the contract, the contract is considered as not concluded.
- The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline is sufficient to send back the item before its expiry.
- The consumer sends back the items being the subject of the agreement from which he has withdrawn at his own cost and risk.
- The consumer shall bear the cost of delivery of digital content which is not recorded on a tangible medium if the consumer has not consented to the performance before the expiry of the withdrawal period or has not been informed about the loss of his right of withdrawal when giving such consent, or the trader has failed to provide confirmation in accordance with Articles 15(1) and 21(1) of the Consumer Law.
- The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it in a manner which goes beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
- The Seller shall promptly, no later than within 14 days from the date of receipt of notice of withdrawal from the contract filed by the Consumer will return to the Consumer all payments made by him, including the costs of delivery of the item, and if the Consumer has chosen a method of delivery other than the least expensive ordinary delivery method offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of Consumer Law.
- The Seller shall refund the payment using the same method of payment as the Consumer used, unless the Consumer has explicitly agreed to a different method of payment that does not involve any costs to him. In the event of the need to refund a transaction made by the customer with a payment card, the Seller shall make the refund to the bank account associated with the customer's payment card.
- Seller may withhold the reimbursement of the payment received from the Consumer until receipt of the item back or until the Consumer provides evidence of its return, depending on which event occurs first.
- The Consumer in accordance with Article 38 of the Consumer Law has no right to withdraw from the contract:
- 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 expiry of the deadline for withdrawal;
- in which the subject of the performance is a non-reproduced item, produced according to consumer specifications or serving to meet his individual needs;
- in which the object of the supply is a perishable item or an item with a short shelf life;
- in which the subject matter of the performance is a thing delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
- in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
- where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right of withdrawal;
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
§ 6 Warranty
- The Seller, pursuant to Article 558§1 of the Civil Code, completely disclaims liability to the Consumer for physical and legal defects (warranty).
- The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code and subsequent articles for defects (warranty).
- In the case of a contract with a Consumer, if a physical defect is found before the lapse of a year from the moment of issuing the thing, it is assumed that the defect existed at the moment of passing the danger to the Consumer.
- If the sold thing has a defect, the Consumer may:
- make a declaration to request a price reduction;
- make a statement on withdrawal from the contract;
- unless the Seller immediately and without excessive inconvenience to the Consumer will replace the defective thing for free from defects or remove the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has failed to satisfy the obligation to replace the item with a defect-free item or remove the defect, the Consumer does not have the right to replace the item or remove the defect.
- Instead of the removal of defects proposed by the Seller, the Consumer may request the replacement of the item for defect-free items or instead of the replacement of the item require the removal of defects, unless bringing the item to conformity with the agreement in the manner selected by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller, while assessing the excessive costs, the value of the item free from defects, type and importance of the defect found, and also take into account the inconvenience to which the Consumer would be exposed by other means of satisfaction.
- The consumer may not withdraw from the contract if the defect is insignificant.
- If the sold thing has a defect, the consumer can also:
- demand to replace the thing with a defect-free one;
- demand to remove the defect.
- Seller is obliged to replace the defective thing to free from defects or remove the defect in a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer's request if bringing the defective thing to conformity with the agreement in the way selected by the Consumer is impossible or in comparison with the other possible way of bringing the defective thing to conformity with the agreement would require excessive costs.
- In the event when the defective item has been installed, the Consumer may request from the Seller to disassemble and reassemble it after the replacement with a defect-free item or removal of the defect, however, he shall be obliged to incur the part of the costs related thereto exceeding the price of the sold thing or he may request the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these actions at the expense and risk of the Seller.
- The Consumer who exercises rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if due to the nature of the item or the way it is installed the delivery of the item by the Consumer would be too difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of non-performance of this obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
- The cost of replacement or repair shall be borne by the Seller, except for the situation described in §6 point 10.
- Seller is obliged to accept from the Consumer the defective item in case of replacing the item with a defect-free one or withdraw from the agreement.
- The Seller within fourteen days shall respond to:
- a declaration requesting a price reduction;
- a declaration on withdrawal from the contract;
- request to replace the item with a defect-free item;
- request for defect removal.
Otherwise, it shall be deemed that he considered the Consumer's statement or demand as justified.
- Seller is liable under warranty if the physical defect is found before the expiry of two years from the moment of release of the thing to the Consumer, and if the object of sale is a used thing before the expiry of a year from the moment of release of the thing to the Consumer.
- Consumer's claim to remove the defect or to replace the sold item with a defect-free one is time-barred with the lapse of a year, counting from the date of finding the defect but not earlier than the lapse of two years from the moment of the release of the thing to the Consumer, and if the subject of the sale is a used thing before the lapse of a year from the moment of the release of the thing to the Consumer.
- In the event that the term specified by the Seller or the manufacturer of the item for use ends after the expiry of two years from the moment of release of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item identified before the expiry of this period.
- Within the time limits specified in § 5 points 15-17 the Consumer may submit a statement of withdrawal from the contract or reduction in price due to a physical defect of the sold thing, and if the Consumer has requested replacement of the thing to be free from defects or removal of defects, the course of the deadline for submission of a statement of withdrawal from the contract or reduction in price begins upon ineffective expiry of the deadline for replacement of the thing or removal of defects.
- If one of the rights under the warranty is pursued before a court or arbitration court, the time limit for exercising other rights, to which the Consumer is entitled under this title, shall be suspended until the proceedings are finally concluded. Accordingly, shall also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which the Consumer is entitled starts running from the date of refusal by the court to approve the settlement reached before the mediator or ineffective termination of mediation.
- For the exercise of rights under the warranty for legal defects of the sold thing §5 points 15-16 shall apply, except that the period shall begin from the date on which the Consumer became aware of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of action by a third party - from the date on which the judgment issued in the dispute with the third party became final.
- If due to a defect in the item the Consumer made a statement on withdrawal from the agreement or reduction in the price, he/she may demand compensation for the damage he/she incurred due to the fact that he/she concluded the agreement without knowing about the defect, even if the damage was caused by circumstances for which the Seller is not responsible, and in particular he/she may demand reimbursement of costs of conclusion of the agreement, costs of collection, transport, storage and insurance of the item, reimbursement of outlays made to the extent that he/she did not benefit from them and did not receive their reimbursement from a third party and reimbursement of legal costs. This shall be without prejudice to the provisions on the obligation to compensate for damage under the general rules.
- The expiry of any period for ascertaining the defect shall not exclude the exercise of rights under the warranty if the Seller has maliciously concealed the defect.
- Insofar as the Seller is obliged to provide performance or financial services to the Consumer, he shall perform them without undue delay, no later than within the period provided for by law.
- The Seller is the administrator of the personal data provided by Shop Consumers.
- Seller undertakes to protect personal data in accordance with the Act on Personal Data Protection of 29 August 1997 and the Act on Electronic Services of 18 July 2002. Buyer by giving his personal data when placing an order to the Seller agrees to their processing by the Seller in order to implement the order. The Buyer may at any time inspect, correct, update and delete their personal data.
§ 8 Personal data in the Internet Shop
- The administrator of the personal data of Customers/Customers collected via the Online Shop is the Seller.
- Personal data of Service Recipients/Clients collected by the Administrator via the Internet Shop are collected - according to the will of the Service Recipient/Client - in order to perform the Sales Agreement or the agreement on provision of Electronic Services, as well as in order to send marketing information exclusively conducted by the Online Shop - Loveink (www.loveink.store).
- Possible recipients of the personal data of the Customers of the Internet Shop:
a) In the case of a Customer who uses the method of delivery in the Internet Shop by post or courier, the Administrator makes the collected personal data of the Customer available to the chosen carrier or intermediary who carries out the shipment on behalf of the Administrator.
b) If the Customer uses electronic or credit card payment method in the Internet shop, the Administrator shall make available the collected personal data of the Customer to the chosen entity handling the aforementioned payments in the Internet shop.
- The Customer has the right to access his/her data and correct them. A request in this regard may be submitted, for example:
via e-mail to the address: firstname.lastname@example.org
- Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the inability to conclude such an agreement. The data necessary for the conclusion of a Sales Agreement or an agreement for the provision of an Electronic Service are also specified each time on the website of the Internet Shop before concluding a given agreement.
§ 9 Final Provisions
- None of the provisions of these terms and conditions is intended to violate the Buyer's rights. It cannot be also interpreted in this way, because in case of inconsistency of any part of the regulations with the law in force, the Seller declares his unconditional compliance and application of this law in place of the questioned provision of the regulations.
- Registered Buyers will be notified about changes to the regulations and their scope by electronic means (to the e-mail address indicated during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adapt the regulations to the current legal status.
- The current version of the regulations is always available to the Buyer in the regulations tab (https://loveink.store/policies/terms-of-service). During the realisation of the order and the whole after-sales care period, the Buyer shall be bound by the regulations accepted by him when placing the order. Except for a situation, when the Consumer finds it less beneficial than the current one and informs the Seller about choosing the current one as binding.
- In matters not covered by these terms and conditions, the relevant applicable legal provisions shall apply. Any disputable issues, if the Consumer so wishes, shall be resolved by way of mediation proceedings before the Provincial Inspectorates of Trade Inspection or proceedings before an arbitration court at the Provincial Inspectorate of Trade Inspection. A consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU online ODR platform available at http://ec.europa.eu/consumers/odr/. As a last resort, the case shall be resolved by a court of competent local and material jurisdiction.