Terms and Conditions
Below are the General Terms and Conditions of using the Online Shop and outlining the manner in which the Buyer enters into a contract of sale with the Seller.
Any natural or legal person, that being any person or an organization having legal capacity to enter into contractual relationships, or any person not enjoying such capacity but being otherwise legally permitted to enter into a binding contract, for example under a statute;
Means any natural person making a legal transaction not directly related to their business activity or profession;
Means either a natural or legal person, or an organizational unit not enjoying legal personhood but having been granted legal capacity to enter into a binding contract relating to their economic activity.
A one off physical act of creating of an Online Account using registration form made available by the seller at the Online Shop website;
Hereafter ‘the Shop’ refers to webpage lackon.eu using which the buyer can enter into a contract of sale with the Seller;
Tomasz Konopa, PHU Thoma Tomasz Konopa, 66–300 Międzyrzecz, ul. Winnica 36, Tax Indentification Number: 596 000 02 66 REGON 210509155, E-mail address: email@example.com, Mobile phone number: 0048957311162, Fax number: 0048957411162;
1. Below are the Terms and Conditions outlining the general rules of using the Online Shop (available at: lackon.eu), making orders for products available, methods of payment available and delivery of those goods, and Customer’s rights regarding order cancellation, withdrawing from the contract of sale, the procedure to be followed when filing a complaint, as well as the manner in which the said complaint shall be considered.
2. In order to view the products available for purchase at the Online Shop and to make an order the Customer needs;
a) An electronic device with access to the Internet and a web browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, or Opera;
b) An active e-mail account.
3. The Customer is entitled to use the Online Shop, but only in accordance with its purpose;
4. The Customer is obliged to refrain from any activities capable of having adverse effect on the proper functioning of the Online Shop. Any use of the Online Shop which goes beyond its purpose, especially spreading spam etc. is also prohibited.
5. To place an order for a particular item available at the Online Shop it is required that the Customer registers in accordance with the Terms and Conditions attached.
6. In order to register with the Online Shop the Customer needs to fill in the registration form, choosing a nickname, familiarize themselves with, and accept the Terms and Conditions or use the social network login option.
7. To register via social networks, you must have active accounts on one of the accepted social networks: Facebook, Google Plus, PayPal, Office 365;
8. In the next step, fill out the form according to the instructions, providing your information including invoice and shipping details and contact information;
9. A prerequisite for creating an account is the acceptance of these rules and regulations and familiarization with the principles of personal data protection;
10. After registration with the Online Shop, each logging in is to be dine using the nickname and password (and any additional data required) provided by the Customer when registering using the registration form.
11. In order to delete a Customer's account from the Online Store, you must log in with your login credentials, then select the "My Account" tab and choose the "Delete Account" option from the list. Then, after confirming the will to delete the account, the Customer's Account with all data is permanently deleted.
12. In case of problems with deletion of the account the Customer needs to contact the Seller requesting the account be deleted either by sending an e-mail to firstname.lastname@example.org or by post.
Terms and Conditions of executing of the order
13. An order for products available at the Online Shop can be placed 24 hours a day, 7 days a week. Prior to placing an order the Customer must first register and/or log-in with the Online Shop. After making an order, the Customer must choose the following:
a) order collection;
b) payment method;
c) delivery method;
14. Placing of an order means making an offer to enter into a contractual relationship for sale of the product chosen. After placing of an order, the Seller will send an e-mail confirmation of the order being placed to the e-mail address provided by the Customer. This order confirmation is to be treated as an acceptance of the offer to buy.
15. In case of shortage of any of the goods selected, or any other reason which renders the Seller unable to meet the order, the Customer shall be informed promptly of any such obstruction, and given a right to cancel the order.
16. The Seller does not take responsibility for any delays or failure in delivery caused due to neither incorrect nor incomplete address information provided by the Customer, as far as the law permits.
17. The prices of the products available at the Online Shop are quoted in Polish currency (zloty), and include Value Added Tax (VAT) – the gross price.
18. The prices mentioned in §13 are not inclusive of the shipping costs, which are to be covered by the Customer separately.
19. The final cost including the cost of delivery will be calculated after the Customer chooses the form of delivery and the method of payment.
20. The information about the final cost of the order can be accessed in the Cart after the Customer selects the form of delivery and the method of payment.
21. The Seller reserves the right to alter the price of products. Any orders placed before such change in the price are subject to previous quota, that is, the price agreed.
22. In case of delivery within Poland, the payment options are as follows:
a) Cash on delivery – payment either upon delivery or collection of goods by the Customer;
b) Bank Transfer;
c) Credit Card;
d) or Instalments.
e) Online payment system "Paynow" - available forms of payment: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro - the entity providing online payment service for card payments is Blue Media S.A.;
23. In case of delivery to any other country, the only method of payment accepted is a bank transfer or credit card.
24. The estimated time of dispatch is within 5 working days for any goods in stock unless stated differently.
25. In case of delivery within Poland, the goods are to be delivered using a delivery company of the Customer’s choosing.
26. The Seller does not take responsibility for any delays in delivery caused by neither incorrect nor incomplete information regarding delivery address provided by the Customer.
27. In the absence of other arrangements between the parties to the transaction, if the Buyer has chosen the option of payment by traditional bank transfer, he should pay for the goods within a maximum of 7 days from the date of conclusion of the contract. After ineffective lapse of this period, the contract shall be deemed not concluded, of which the Seller shall inform the Buyer by a message sent to the email address provided in the order.
28. If the customer chooses to pay by wire transfer, electronic payment or credit card, the order processing time is calculated from the moment of positive payment authorization.
29. Seller’s responsibility regarding delivery of wrong goods shall be assessed depending on whether the goods have been obtained by:
a) A Customer;
b) Or an Entrepreneur.
30. A complaint filed by the Entrepreneur shall be considered on the basis of the regulations in effect on the date of purchase.
31. Any complaints are to be filed within 2 (two) years from the date of purchase of the goods.
32. Any complaints shall be dealt with within 14 days (unless otherwise prescribed by statute) and the decision regarding any further action to be taken shall be communicated to the Customer.
33. Seller’s failure to contact the Customer after 14 days since the date at which the complaint had been submitted has lapsed means the complaint has been considered positively.
34. In order to speed up the process, the Customer is obliged to return the goods subject to the compliant along with a proof of purchase (such as a receipt or an invoice) to Seller’s place of business, that is:
ul. Poznańska 40a, Międzyrzecz, 66-300, Poland
35. Response to the complaint shall take a written form and be sent to the Customer’s address.
36. Should the claim be considered positively, the Seller shall repair any faulty goods, replace them, or when replacement is not possible, the goods shall be refunded in a timely manner.
37. When positively considered, the cost of delivery incurred by the Customer shall be reimbursed by the Seller.
38. In case of the complaint being discarded, the Customer shall be informed in a written form:
a) A statement expressing the will to initiate extrajudicial proceedings (alternative dispute resolution) for customer disputes, or a consent to partake in such proceedings;
b) A declaration of refusal to participate in such proceedings;
c) Lack of a statement is to be read as a consent to participate in extrajudicial proceedings.
39. Should the parties agree to settle the claim extrajudicially, the Seller’s choice of forum in Poland and proposes the Director of the Electronic Communications Bureau as a person eligible to conduct extrajudicial proceedings – https://www.uke.gov.pl/, unless the Customer shall appoint differently.
40. The Seller also notes the possibility of using an interactive website facilitating settlement of any extrajudicial customer claims. All information available at: ec.europa.eu/consumers/odr
41. Any Customer purchasing the goods in the ordinary course of their business has a right to file a complaint according to the relevant law, though the Seller’s responsibility for physical defects under warranty is limited to the amount paid by the Customer for the good in question.
Right of withdrawal
42. Any notification of withdrawal from the contract must be made within 14 days from the day on which the goods have been received either by Customer or by an indicated third part, excluding the courier, and in the case of multi-part delivery from the date of receiving the final good, package or part. Citing the reason for returning the goods and withdrawing from the contract is not required.
43. In order to benefit from the right of withdrawal mentioned in §35, the Customer must inform the Seller of their will to withdraw; the notification must be in writing and ought to pass to the Seller. This may be done using the return form provided.
44. In order to meet the deadline mentioned in §35 it is sufficient that the written notification be send before the 14 days laps. If the Customer fails to meet the deadline, or is late in meeting the obligatory term for withdrawal the Customer shall no longer be entitled to return the goods.
45. Should the Customer withdraw from the contract, the Seller shall fully reimburse the Customer for the value of the goods, as well as the cost of delivery limited to the value of the cheapest delivery available for the given good (save for any charges arising from Customer’s choice of delivery that goes beyond what the Seller offers) within 14 days from the date on which the notification of withdrawal has been received. Refund for the goods shall be made using the same method as the original transaction. The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for him;
46. The Seller reserves the right to withhold the money to be refunded until wither the goods or a proof of return of the goods have been received by the Seller.
47. Any return must be made within 14 days of the date of sending the notification of withdrawing from the contract. Any goods are to be returned to the following address:
ul. Poznańska 40a, 66–300 Międzyrzecz, Poland
Unless the Seller offers to collect the goods, or the goods are not for suitable for standard delivery, for instance, due too unusual dimension.
48. The Customer shall bear any direct costs of the return, such as the cost of packaging, handling and sending.
49. The Customer will be responsible for any faults caused by improper or incorrect handling, use, storage or maintenance of the goods.
50. Exercise of the right to withdraw is not applicable in case of any goods that are:
a) not pre-manufactured, but have been manufactured according to the Customer’s specifications, needs or expectations;
b) either prone to spoilage or with shirt expiration date;
c) unsuitable for return delivery due to health and hygiene safety or when protection or safety measures have been removed after delivery;
d) goods that have been handled or used in a manner, or for any other reason, are no longer capable of taking the original form following the delivery.
51. The Seller shall process any personal data gathered via the website in accordance with General Data Protection Regulation (GDPR).
52. Providing personal data is sorely voluntary in each and every case. On the account of the service provided by the Seller inaccurate or incomplete data provided may result in inability in obtaining the service.
53. The Seller shall only use personal data provided solely in order to enable execution of contract. The Seller shall only process personal data provided in order to:
a) execute services provided by the Seller;
b) technical needs and collecting statistical data;
c) improve the service and quality of the products;
d) develop and manage good relations with Customers;
e) develop and manage products and services;
f) for marketing purposes of either the Seller or third parts cooperating with the Seller after; an explicit separate consent from the Customer;
54. The Seller gathers and processes following personal data:
a) Name and surname
b) Postal address
c) Correspondence address
d) E-mail address
e) Telephone or/either fax number
f) GG or/either Skype data
g) Tax Identification Number
55. By providing personal data to the Seller’s service (website), the Customer agrees to processing of any information provided by the Seller in accordance with the Terms and Conditions here stated. Any Customer has a right to access and correct any personal data stored by the Seller regarding the Customer. The Customer has also a right to request their personal data be no longer processed by the Seller at any time.
56. Any personal data collected by the Seller only be shared with third parties authorized so by law, unless the Customer explicitly agrees for the data to be shared with other parties.
57. Any terms not included in this standard contract are to be governed by Polish law, especially the relevant provisions of the Civil Code.
58. The choice of Polish law shall not deprive neither the Customer not the Consumer the protection of the law that cannot be excluded for the reasons of business efficacy but would otherwise be afforded by the principles of law of the country in which the Customer is a habitual resident, and the Entrepreneur:
a) is running their professional or business activity that is also the place of the Consumer’s habitual residence; or
b) is in any way directing his business in this country and the contract is a part of this business activity.
59. Any disputes between the Seller and a Customer who is also an Entrepreneur in connection with the agreement are to be resolved by a local court properly having jurisdiction over the Seller’s place of business.
60. Please be advised that the Administrator of the store does not verify the content of product reviews or their source.
61. The Terms and Conditions shall enter into force on January 09, 2023.