Online Shop Regulations WWW.LUBLUB.SHOP
I. General regulations
- These Regulations define the general conditions, the manner of providing Services by electronic means and sales conducted via the Online Store www.lublub.shop. The shop is run by the FOUNDATION FOR THE DEVELOPMENT OF ENTREPRENEURSHIP "TWÓJ STARTUP" with its headquater in Warsaw, at ul. Żurawia 6/12 lok. 766, 00-503 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, KRS 0000442857, NIP 5213641211, REGON 146433467, hereinafter referred to as the Seller.
- Contact with the Seller takes place through:
a. e-mail address: Contact@lublub.shop;
b. by phone: +44 07880357156;
c. chat available on the store's website.
- These Regulations are available on the website www.lublub.shop.
- The Seller informs that the use of the Services provided electronically may be associated with a threat, consisting in the possibility of introducing malicious software into the Customer's ICT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and a firewall.
The terms used in the Regulations mean:
- Working days - these are days from Monday to Friday, excluding public holidays;
- Customer - a person who has full legal capacity, a person running a business, a legal person or an organizational unit that is not a legal person, the specific rules of which grant legal capacity, which places an Order in the Online Store or uses other Services available in the Online Store;
- Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Consumer - a customer who is a consumer within the meaning of art. 22  of the Civil Code;
- Entrepreneur - a Customer who is an entrepreneur within the meaning of Art. 43  of the Civil Code;
- Regulations - this document;
- Goods - a product presented in the Online Store, the description of which is available for each of the presented products;
- Sales contract - a contract for the sale of goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services - services provided by the Seller to customers by electronic means are described within the Act of 18 July 2002 on the electronic services (Journal of Laws No. 144, item 1204, as amended);
- Act on consumer rights - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, No. 827);
- Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Online Store rules
- Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a. a computer or mobile device with Internet access,
b. access to e-mail,
c. Microsoft Edge 42.x or newer web browser, Firefox 48.0 or newer, Chrome 50 or newer, Opera 50 or newer, Safari 10.x. or newer,
- Using the Online Store shall mean any activity of the Customer that leads to his reading of the content contained in the Store.
- The customer is obliged in particular to: a. not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties, b. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c. refrain from taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
d. use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
e. use of any content contained in the Online Store only for personal use,
f. use the Online Store in linbe with the law in force in the territory of the Republic of Poland, the Regulations, as well as the general principles of using the Internet.
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The Customer may contact the Seller via chat available on the Store's website. The contract for the services consisting of an interactive chat enabling Customers to contact the Seller is concluded for a definite period of time and is terminated when the Customer closes the chat window or leaves the Online Store website.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be announced on the Store's websites each time. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
- In the event of a breach by the Customer of these Regulations, the Seller, after an unsuccessful call to cease or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
>V. Procedure for the conclusion of the Sales Agreement
- Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
- All Goods available in the Online Store are brand new and have been legally placed on the Polish and UK market.
- The condition for placing an Order is having an active e-mail account.
- In the case of placing an Order via 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 Contract for the sale of the Goods being the subject of the Order. The offer submitted in electronic form is binding for the Customer, if the Seller sends to the e-mail address provided by the Customer a confirmation of acceptance of the Order, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded.
- Placing an Order in the Online Store by sending an e-mail takes place on the Working Days and hours indicated on the Online Store website. For this purpose, the customer should:
a. provide in the content of the e-mail addressed to the Seller the name of the Goods from among the Goods on the Store's website and its quantity,
b. indicate the method of delivery and payment method from among the methods of delivery and payment provided on the Store's website
c. provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
- Information on the total value of the Order, referred to in point above, is provided each time by the Seller by informing by e-mail with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at that moment it becomes concluded Sales Agreement.
- In the case of a Customer who is a Consumer, the Seller, each time an Order is placed, shall send the Customer a confirmation of the terms of the placed Order via e-mail.
- The contract is concluded when the Customer who is a Consumer (in response to the confirmation of the terms of the Order sent by the Seller) sends an e-mail to the Seller's e-mail address, in which the Customer: accepts the content of the Order sent and agrees to its implementation and accepts the content of the Regulations. and confirms that it has read the instructions on withdrawal from the Agreement.
- The sales contract is concluded in Polish or English, with the content in accordance with the Regulations.
- The delivery of the Goods is limited to the territory of the European Union and Great Britain and is carried out to the address provided by the Customer when placing the Order.
- The goods are delivered via a courier company.
- The Seller on the Store's websites in the description of the Goods informs the Customer about the number of Working Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- The date of delivery and execution of the Order is counted in Working Days in accordance with point VII point 2.
- The Seller provides the Customer with a proof of purchase.
- If for the Goods covered by the Order, a different period of execution is provided for, the longest period shall apply to the entire Order.
VII. Prices and payment methods
- The prices of the Goods are given in Polish zlotys, British pounds according to the Customer's choice and include all components, including VAT, customs duties and other fees.
- The customer can choose the following payment methods:
a. bank transfer to the Seller's bank account (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
b. electronic payment (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent's system about the payment made by the Customer, and the shipment will be made immediately after completing the Order).
- The Seller on the Store's website informs the Customer about the date on which he is obliged to pay 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 unsuccessful request for payment with the appointment of an appropriate deadline, may withdraw from the Agreement pursuant to art. 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
- The Customer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
- The customer may formulate the statement on his own or use the template of the statement provided by the Seller on the Store's website.
- The 14-day period is counted from the date on which the Goods were delivered.
- The Seller, upon receipt of the declaration of withdrawal from the Agreement by the Consumer, will send to the Consumer's e-mail address confirmation of receipt of the declaration of withdrawal from the Agreement.
- The right to withdraw from the Agreement by the Consumer is excluded in the case of:
a. if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement;
b. Agreements 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 for withdrawing from the Agreement;
c. for an agreement where the subject of the service are non-prefabricated Goods, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
d. for an agreement where the subject of the service are Goods that deteriorate quickly or have a short shelf life;
e. for an agreement where the subject of the service are Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
f. for an agreement where the subject of the service are products that after delivery, due to their nature, remain inseparably connected with other things;
g. for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
h. for an agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; i. if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to additional services or Goods;
i. for an agreement where 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; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
j. Contract concluded by public auction;
k. Agreements for accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision;
l. Contracts for the supply of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the Agreement and after informing the Seller about the loss of the right to withdraw from the Agreement.
- In the event of withdrawal from a distance contract, the contract is considered void. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, not later than within 14 days. The purchased Goods should be returned to the Seller's address.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve the Consumer at any cost. The Seller may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer himself.
- If the Consumer has chosen a method of delivering the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Consumer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints about the Goods under the warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms of art. 556 - 576 of the Civil Code. In relation to Clients who are Entrepreneurs, the warranty is excluded.
- Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following address: FOUNDATION FOR ENTERPRISE DEVELOPMENT "TWÓJ STARTUP", Swiss Villa, 2 Avenue Road, Southgate, London N14 4EJ, to the e-mail address: firstname.lastname@example.org, phone number +44 07880357156.
- In order to consider the complaint, the Customer should send or deliver the Goods under complaint, attaching the proof of purchase if possible. The goods must be delivered or sent to the address indicated in point 3.
- The Seller undertakes to consider each complaint within 14 days.
- In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the necessary extent immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of electronic services
- 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 following address: FOUNDATION FOR ENTERPRISE DEVELOPMENT "TWÓJ STARTUP", Swiss Villa, 2 Avenue Road, Southgate, London N14 4EJ, to the e-mail address: email@example.com, phone number +44 07880357156.
- In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
- Goods may have a manufacturer's warranty.
- In the case of Goods covered by the guarantee, information on the existence and content of the guarantee and the period for which it was granted is each time presented in the description of the Goods on the Store's websites.
XII. Out-of-court methods of settling complaints and redress
- The Customer who is a Consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:
a. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
b. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
c. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address : firstname.lastname@example.org;
d. submit your complaint via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations.
- The regulations concerning the Consumer, regarding the withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his business, when the content of this contract shows that he does not have a professional nature for this person, resulting from in particular, the subject of economic activity performed by it, made available on the basis of the Central Register and Information on Economic Activity. The out-of-court complaint and redress procedures do not apply.
- 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 relevant regulations of the Code of Civil Procedure.
- 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.
- In matters not covered by these Regulations, the Civil Code, the Act of electronic services, the Act on Consumer Rights and other relevant laws of Polish law shall apply.
- Each customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement.