General terms and conditions of the online store LOFTIE.DE

version in force from 1.01.2023

 I. GENERAL PROVISIONS

1. These Regulations set out the general conditions, the manner of providing Services electronically and sales conducted through the Online Store www.loftie.eu. The store is operated by Egor Ustinov, doing business under the name Loftie sp. z o.o., date of registration in the National Court Register 06.04.2022, address: Humanska 8/3, 00-789 Warsaw, NIP 5213963297, REGON 521703971, hereinafter referred to as the Seller.

2. Contact with the Seller shall be made through:

- e-mail address: info@loftie.eu;

- phone number: +48 536 065 148;

- contact form available on the pages of the Online Store.

3. These Terms and Conditions are continuously available on the website www.loftie.eu, in a manner that allows you to obtain, reproduce and record its content by printing or saving on a media at any time.

4. The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.

II. DEFINITIONS

The terms used in the Terms and Conditions shall mean:

1. working days - are days from Monday to Friday excluding public holidays;

2. Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Online Store or uses other Services available in the Online Store;

3. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);

4. Account - a part of the Online Store assigned to a given Customer, through which the Customer may perform certain actions within the Online Store;

5. Consumer - a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

6. Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

7. Terms and Conditions - this document;

8. Merchandise - the product presented in the Online Store, the description of which is available next to each product presented;

9. Sales Agreement - Agreement for sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

10. Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);

11. the Law on Consumer Rights - the Law of May 30, 2014 on Consumer Rights (Journal of Laws 2014, No. 827);

12. the Act on Provision of Electronic Services - the Act of July 18, 2002 on Provision of Electronic Services (Journal of Laws No. 144, Item 1204 as amended);

13. order - a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.

III. RULES OF USING THE INTERNET STORE

1. The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

- computer or mobile device with access to the Internet,

- access to e-mail,

- web browser Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,

- inclusion of Cookies and Javascript in the web browser.

2. The use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.

3. In particular, the Customer is obliged to:

- not to provide or transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights and other rights of third parties,

- use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,

- not to undertake such actions as: sending or placing within the Internet Shop unsolicited commercial information (spam),

- use the Online Store in a manner that is not onerous for other Customers and the Seller,

- to use any content posted within the Internet Shop only for their own personal use,

- use the Internet Store in a manner consistent with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of Internet use.

IV. SERVICES

1. The Seller shall make it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.

2. The Service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account.

3. The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or the Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link included in the content of the message sent within the Newsletter Service.

4. The Client has the option to send messages to the Seller via the contact form. The contract for the provision of the Service consisting of providing an interactive form allowing the Customer to contact the Seller is concluded for a definite period of time and is terminated as soon as the Customer sends the message.

5. The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, property copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated at the time of adding opinions.

6. Statements should be edited in a clear and understandable manner, moreover, they can not violate applicable laws, including the rights of third parties - in particular, they can not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.

7. By posting statements, the Client agrees to the free use of the statement and its publication by the Seller, as well as to develop works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).

8. the Customer has the opportunity to contact the Seller via chat available on the Store's website. The contract for the provision of Services consisting of providing an interactive chat room allowing the Customer to contact the Seller is concluded for a fixed period and is terminated when the Customer closes the chat window or leaves the website of the Online Store.

9. The Seller allows the Customer to be redirected to the websites of banking service providers in order to calculate the installment. The contract for the provision of the Service consisting of redirection to the page allowing calculation of the installment is concluded for a definite period of time and is terminated when the Customer uses the dedicated button.

10. the Seller has the right to organize occasional contests and promotions, the terms and conditions of which will be stated each time on the web pages of the Store. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion provide otherwise.

11. In case of violation by the Customer of the provisions of these Regulations, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.

V. PROCEDURE FOR CONCLUSION OF THE SALES CONTRACT

1. Information about the Goods given on the websites of the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.

2. All Goods available in the Online Store are brand new and have been legally introduced into the Polish market.

3. The condition for placing an Order is to have an active e-mail account.

4. In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client's offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.

5. Placing an Order on the Online Store by telephone, by sending an e-mail message or by sending a message via the contact form shall be done on the Business Days and hours indicated on the Online Store website. For this purpose, the Customer should:

- specify during a phone call, in the content of an electronic message or in the content of a message sent via the contact form, directed to the Seller the name of the Goods from among the Goods on the website of the Online Store and its quantity,

- indicate the method of delivery and form of payment from among the methods of delivery and payment listed on the Store's website,

- provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.

6. Information on the total value of the Order, referred to in the paragraph above, is given each time by the Seller verbally after completing the entire Order or by informing by e-mail with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment the Contract of Sale is concluded.

7. In the case of a Customer who is a Consumer, the Seller each time after placing an Order via telephone, e-mail or contact form sends to the Customer a confirmation of the terms of the Order placed.

8. The Contract is concluded when the Customer who is a Consumer (in response to confirmation of the terms of the Order sent by the Seller) sends an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the submitted Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms reading the instructions on withdrawal from the Contract.

9. Upon conclusion of the Contract of Sale, the Seller shall confirm the terms and conditions to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.

10. the Sales Contract shall be concluded in Polish or English, with the content in accordance with the Terms and Conditions.

VI. DELIVERY

Delivery of the Goods shall be made to the address indicated by the Customer when placing the Order.

1. The Customer may choose the following forms of delivery of the ordered Goods:

- through a courier company;

- own pick-up at the Seller's personal collection point.

2. The Seller of the Goods shall additionally inform the Customer by e-mail or telephone about the amount of the cost of delivery of the Goods based on the data provided by the Customer.

3. The term of implementation of the order is no more than 2 working days. The time limit for delivery and execution of the Order is calculated in Business Days in accordance with pt. VII subsection 2.

4. The Seller shall provide the Customer with a proof of purchase.

5. If different lead times are provided for the Goods covered by the Order, the longest period among those provided shall apply to the entire Order.

VII. PRICES AND PAYMENT METHODS

1. The prices of the Goods are given in Polish zloty and include VAT.

2. The Customer may choose the following methods of payment:

- bank transfer to the Seller's bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after receipt of funds in the Seller's bank account and completion of the Order);

- electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the system of the settlement agent about the payment made by the Customer, while shipment will be made immediately after completion of the Order);

3. the Seller shall inform the Customer on the Store's website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.

VIII. RIGHT TO WITHDRAW FROM THE CONTRACT

1. The Customer who is a Consumer may withdraw from the Agreement without giving any reason by making a statement to that effect within 14 days. To meet this deadline it is sufficient to send the statement before its expiry.

2. The Customer may formulate the statement himself or use a sample statement provided by the Seller on the website of the Store.

3. The 14-day period shall be counted from the date on which the Goods were delivered or, in the case of a Contract for the provision of Services, from the date of its conclusion.

4. The Seller shall, upon receipt of the statement of withdrawal from the Contract by the Consumer, send to the Consumer's e-mail address a confirmation of receipt of the statement of withdrawal from the Contract.

5. The Consumer's right to withdraw from the Contract is excluded in the case of:

- Agreement for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the Agreement, and has accepted it;

- A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;

- A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer's specifications or serving to meet his individualized needs;

- Agreement in which the object of performance is Goods that are subject to rapid deterioration or have a short shelf life;

- A contract in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;

- A contract in which the subject of performance are products that after delivery, due to their nature, are inseparably combined with other things.

6. Other exceptions to the right to withdraw from the Contract are indicated in Article 38 (2) of the Consumer Rights Act.

7. In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded. What the parties have provided shall be returned in an unaltered state, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.

8. The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer itself.

9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him.

10. the Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. COMPLAINTS REGARDING GOODS UNDER WARRANTY

1. The Seller undertakes to deliver the Goods in accordance with the Agreement.

2. The Seller shall be liable for non-compliance of the Goods with the Agreement under the terms of the Act on Consumer Rights to the Customer who is a Consumer and to the Customer who is a natural person concluding the Agreement directly related to his/her business activity, when it follows from the content of the Agreement that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Warranty against Entrepreneurs is excluded.

3. Complaints arising from violation of the Customer's rights guaranteed by law or on the basis of these Regulations should be addressed to Loftie sp. z o.o., Humańska 8/3, 00-789 Warsaw, to the e-mail address: info@loftie.eu, telephone number +48 536 065 148.

4. In order to consider the complaint, the Customer should send a complaint application containing:

- the number of the order to which the advertised product relates,

- the reason why you want to advertise or return the product (damage, malfunction, missing parts, etc.),

- photo documentation showing the product in its entirety and the damage.

5. The seller undertakes to consider any complaint within 14 days.

6. In case of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

X. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the address: Loftie sp. z o.o., Humańska 8/3, 00-789 Warsaw, to the e-mail address: info@loftie.eu, telephone number +48 536 065 148.

2. In the complaint, the Customer should provide his name and surname, mailing address, type and description of the problem.

3. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XI. GUARANTEES

1. Goods may have a manufacturer's or Seller's warranty.

2. In the case of Goods covered by the warranty, the information on the existence and content of the warranty and the period of time for which it is granted is each time presented in the description of the Goods on the Store's website.

XII. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT METHODS

1. A Customer who is a Consumer has, inter alia, the following possibilities to use out-of-court ways to resolve complaints and assert claims:

- is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;

- is entitled to apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;

- may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;

- file your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. PROTECTION OF PERSONAL DATA

The Seller collects and processes personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Shop website.

 

XIV. FINAL PROVISIONS

1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to forms, logos belong to the Seller, and the use of them may be carried out only in the manner specified and in accordance with the Regulations.

2. The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims shall not apply.

3. Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

4. Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.

5. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on electronic services, the provisions of the Act on consumer rights and other relevant provisions of Polish law shall apply.

6. Any changes to these Regulations shall be communicated to each Customer through information on the main page of the Online Store containing a summary of the changes and their effective date. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If the Client, who has a Client Account, does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.