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Terms and Conditions

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS.

  1. The Terms and Conditions define the terms and conditions for the provision of electronic services, including the use of the Shop, as well as the rights, obligations and liability terms of the Seller and the Customer. The Terms and Conditions also contain information that the Seller is obliged to provide to the Consumer and Entrepreneur privileged on the rights of the Consumer in accordance with the applicable legislation, including the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020.287 t.j. as amended).
  2. Each Customer shall read the Terms and Conditions.
  3. The Rules and Regulations are available on the Store's website and are also made available free of charge before the conclusion of the contract. At the Customer's request, the Rules and Regulations are also made available in such a way that their content can be obtained, reproduced and recorded by means of the ICT system used by the Customer (e.g. by e-mail).
  4. Basic definitions:
    a) Terms and Conditions: these Terms and Conditions of the Online Shop;
    b) Seller: LE PRIVE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Ludwinowska 11/183, 30-331 Kraków, Poland, NIP 6762564922, REGON 383020632, entered in the National Court Register under the number 0001058889, share capital PLN 10,000.00 fully paid, e-mail: contact@leprive.pl, tel: 668618705;
    c) Customer: a natural person who is 18 years of age or older and has full legal capacity, a legal person and an organisational unit without legal personality but able to acquire rights and incur obligations on its own behalf, who enters into a legal relationship with the Seller within the scope of the Shop's activities. A Customer is also a Consumer or an Entrepreneur privileged on the rights of a Consumer, if there are no separate provisions in the Terms and Conditions in relation to them on a given issue;
    d) Consumer: A Customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his/her economic or professional activity;
    e) electronic service - a service within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Dz.U. 2020.344 t.j. as amended), provided at a distance, electronically by the Seller to the Customer through the Website;
    f) Shop, Online Shop, or Service: electronic service, shop run by the Seller at the internet address www.leprive.pl, within the framework of which the Customer concludes the contract of sale of the Goods at a distance, the parties are informed about the sale by an automatically generated e-mail, and the performance of the contract (in particular the delivery of the Goods) takes place outside the internet;
    g) Account - free of charge electronic service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the Seller's ICT system, in which data provided by the Customer and information about activities within the Shop are collected;
    h) Goods - movable item from the Seller's offer presented in the Shop;
    i) contract - a distance contract for the purchase of Goods, concluded as a result of placing an Order by the Customer in the Shop and its acceptance by the Seller;
    j) Form - a script constituting a means of electronic communication, enabling the placing of an Order in the Store or performing other actions in the Store;
    k) Order - an instruction to purchase Goods in the Store, placed by the Customer using the Form;
    l) Newsletter - free electronic service provided by the Seller via electronic mail (e-mail), which enables all Customers using it to automatically receive cyclic messages (newsletters) from the Seller, containing information about the Website, including news or promotions;
    m) Force majeure - constitutes an event that is sudden, unforeseeable and independent of the will of the parties, preventing the performance of the agreement in whole or in part at all or for a certain period of time, which could not have been prevented or counteracted with due diligence (e.g. war, strikes, redundancies, shortages of raw materials or energy supplies, factory disruptions, roadblocks, extraordinary natural phenomena, epidemics, states of emergency);
    n) Preferential Entrepreneur on the rights of the consumer - a natural person concluding a Contract directly related to his/her business activity, when it follows from the content of the Contract that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, as shown in the CEIDG.

CHAPTER 2 BASIC AND TECHNICAL INFORMATION

  1. Seller's contact details: address: ul. Karmelicka 57/3, 31-128 Kraków, e-mail address: contact@leprive.pl, telephone number: 668618705. The Seller does not provide any other form of online communication.
  2. The Seller offers the following types of Electronic Services:
    a) Online Shop,
    b) Newsletter,
    c) Opinion (commenting),
    d) Account.
  3. The Seller provides Electronic Services in accordance with the Terms and Conditions.
  4. A technical condition for the use of the Store is that the Customer must have a computer or other devices that allow Internet browsing, appropriate software (including web browser), Internet access and a current and active e-mail account.
  5. It is prohibited for the Customer to provide unlawful content.
  6. The use of the Store may involve risks typical of Internet use, such as spam, viruses, hacking attacks. The Seller takes measures to counteract these threats. The Seller points out that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the above-mentioned risks, including anti-virus and identity protection software for Internet users.
  7. The conclusion of a contract for the provision of free Electronic Services shall be made through the Store via the Internet. The Customer may terminate the use of free Electronic Services at any time by leaving the Store, by unsubscribing from the Newsletter or by deleting the Customer's account. In this case, the agreement for free Electronic Services shall terminate.
  8. The Seller may - in addition to other cases arising from the law - process the following personal data of the Customer necessary to establish, shape the content, change or terminate the agreement:
    a) surname and first names of the Customer;
    b) permanent residential address;
    c) the correspondence address, if different from the residential address;
    d) the Customer's e-mail address
    e) telephone number;
    f) TIN.
  9. The Seller may process, with the consent of the Customer and for the purpose of advertising, market research and research into the behaviour and preferences of the Customers with the purpose of using the results of this research to improve the quality of the services provided by the Seller, other data relating to the Customer which are not necessary for the provision of electronic services.
  10. the Seller's contact point for direct communication for the purposes of Regulation 2022/2065 on the digital single market for services and amending Directive 2000/31/EC (the Digital Services Act) is: e-mail address: contact@leprive.pl. Communication may be conducted in Polish or English.

CHAPTER 3 PERSONAL DATA

  1. The personal data provided by the Customers shall be processed by the Seller in accordance with the applicable legal provisions, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119z 4.5.2016, hereinafter: the ‘Regulation’). In particular:

1.1 The Seller shall ensure that the data is:

a) processed lawfully, fairly and in a transparent manner for Customers and other data subjects;
b) collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
d) correct and, where necessary, kept up to date;
e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
f) processed in a manner that ensures adequate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by means of appropriate technical or organisational measures,
1.2 The Seller shall apply appropriate technical and organisational measures to ensure the protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons;
1.3 The Vendor shall ensure access to personal data and the exercise of other rights to the Customers and other data subjects in accordance with the legal provisions in force in this regard.

  1. The basis for the processing of personal data is the Customers' consent or the occurrence of another premise authorising the processing of personal data according to the Regulation.
  2. The Vendor guarantees the exercise of the rights of persons whose personal data are processed in accordance with the relevant legislation, including that such persons have:
    a) the right to withdraw consent on the processing of personal data;
    b) the right to information concerning their personal data;
    c) the right to control the processing of their data, including completion, updating, rectification, erasure;
    d) the right to object to processing or to restrict processing;
    e) the right to lodge a complaint with a supervisory authority and to exercise other legal remedies to protect their rights.
  3. The person having access to personal data shall process them only on the basis of the Vendor's authorisation or an agreement to entrust the processing of personal data and only on the instructions of the Vendor.
  4. The Seller assures that it does not provide access to personal data to other entities than those authorized under applicable law, unless required by European Union law or Polish law.
  5. In connection with its business activities, the Seller uses the services of other entities, including for the performance of contracts. Personal data may be transferred to:
    a) a hosting company,
    b) a software provider for operating the Shop,
    c) Internet service providers,
    d) courier or postal services providers,
    e) electronic payment platform providers,
    f) providers of invoicing software,
    g) accounting or legal service providers.

CHAPTER 4 ADDITIONAL INFORMATION.

§ 1 Account .

Registration of an Account on the Store's website is free of charge and requires the following actions: The Customer should complete the registration form by providing certain data and making declarations on acceptance of the Terms and Conditions, processing of personal data, provision of commercial information. A link enabling Account verification will be sent to the Customer's e-mail address provided by him/her during the Account registration process. Logging into the Account consists in providing the login and password established by the Customer. The password is confidential and should not be made available to anyone.

  1. An account shall enable the Customer to enter or modify data, make or check orders and view order history.
  2. The Electronic Service Account is provided free of charge for an indefinite period of time.
  3. The Customer may at any time resign from the Account in the Store by submitting a request to delete the account by e-mail to the following e-mail address: contact@leprive.pl.

§ 2 Newsletter.

  1. The Newsletter service is aimed at providing the Customer with the requested information.
  2. Use of the Newsletter does not require registration of an Account by the Customer, but requires provision of an e-mail address and declarations of acceptance of the Terms and Conditions, processing of personal data, provision of commercial information.
  3. A confirmation link for the Newsletter subscription shall be sent to the Customer's e-mail address.
  4. The Newsletter Electronic Service is provided free of charge for an indefinite period of time.
  5. The Customer may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller by e-mail to the e-mail address: contact@leprive.pl.

§ 3 Opinions.

  1. Within a certain period of time after the completion of the Order, the Customer who has an Account - may be asked in an email to add an evaluation of the order handling and evaluation of individual goods (reviews). The evaluation of the order handling and the evaluation of the individual goods is voluntary and free of charge, and in order to do so, the Customer must click on a link that takes you to a separate page. The customer can only add these ratings once per order.
  2. Within the above-mentioned ratings, the customer can award a star rating from 1 to 5 and add a verbal statement limited to 65535 word characters. The aforementioned ratings are automatically signed with the Customer's name and city, which is indicated by the Customer when registering the Account.
  3. The Seller does not substantively verify or control the ratings of orders.
  4. The Customer is solely and independently responsible for the statements made in the evaluations, in particular is responsible for the violation of the rights or property of third parties.
  5. The Seller is entitled to block ratings in whole or in part under the terms of the law and the Terms and Conditions, but the ratings posted by the Customers are not automatically evaluated for prohibited content.
  6. The Customer may not post reviews which:
    a) do not relate to the Goods;
    b) concern technical issues related to the functioning of the Shop. Issues concerning technical matters should be reported in a separate procedure provided for in the Regulations;
    c) contain links to other websites;
    d) concern Goods or activities of a competitive nature with respect to the Seller's business;
    e) constitute advertising or other marketing activities concerning goods or services not included in the Seller's offer;
    f) are an incitement to violence, hatred, discrimination for any reason, including on the grounds of gender, sexual, national, ethnic, racial or religious differences;
    g) contain profanity or other offensive content;
    h) constitute an attempt to defraud or any other activity prohibited by law;
    i) infringe copyright or the personal rights of others;
    j) violate other generally applicable laws.
  7. The Seller - in case of establishing that an opinion does not meet the conditions specified in the Regulations - may take moderating actions, i.e. remove the opinion or refuse to publish it.
  8. At the explicit request of the Customer, the content of the Reviews may be hidden for other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and Goods.
  9. The Seller may use the ratings for content posted on the Website.
  10. The Seller informs that only the ratings obtained from the Customers are placed in the Shop, and furthermore that it places all the Customer reviews obtained, both positive and negative. The Seller does not use third-party or sponsored opinions.
  11. In the event that a third party (another Customer or another person or entity) believes that there is illegal content in a particular Rating, that person may make a notification to the Seller at the email address contact@leprive.pl. The notification should include:
    a) a justification as to why the Review in question constitutes illegal content;
    b) a clear indication of the exact electronic location of the information (URL or information to identify the illegal content);
    c) the name and e-mail address of the person or entity making the notification.

CHAPTER 5 SALES

§ 1 Goods.

  1. All Goods offered in the Store are new and conform to the Contract. A detailed description of the Goods can be found on the Shop website.
  2. Warranty is not provided, after-sales services are not provided.
  3. In the event that a guarantee is given, the durability guarantee will not provide for terms of repair or replacement of the Goods for the Consumer or Entrepreneur privileged on the rights of the consumer less favourable than those set out in Chapter 6 of the Regulations.

§ 2 Orders and their fulfilment.

  1. An order may be placed by filling in the Form, available in the Shop.
  2. orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest shopping).
  3. The Customer is obliged to carefully fill in the Form, giving all the data in accordance with the facts and specifying the chosen method of payment and delivery.
  4. The Customer provides data in the Form and makes declarations on the acceptance of the Rules and Regulations, processing of personal data, provision of commercial information.
  5. Orders may be placed in the Shop 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed on the next working day.
  6. Confirmation of the Order is made by the Customer by selecting the button (box) marked ‘order and pay’. The Seller will send a confirmation of the Order to the Customer at the e-mail address provided by the Customer.
  7. The lead time of the Order (i.e. until the date of shipment of the Goods) is from 1 to 4 working days, and in the case of a ‘preorder’ from 1 to 30 working days.
  8. In the event of a request for documenting the transaction in the form of an invoice, the Customer shall provide the necessary data, but the indication of the Customer's VAT number for the invoice shall be made no later than when placing the Order. The Seller shall not be liable for incorrect or incomplete data provided by the Customer, including the VAT number.
  9. In the event that the Order cannot be fulfilled, which may occur in the case of force majeure or other reasons, the Seller undertakes to immediately inform the Customer via e-mail or telephone. In such a case, the Consumer may resign from the execution of the contract and the Seller will refund the amounts paid by the Consumer. In other cases, the fulfilment of the contract shall be postponed for the duration of the obstacle.

§ 3 Payments.

  1. All prices of Goods quoted in the Shop are in Polish zloty (PLN), euro (EUR) or dollars (USD) (prices are inclusive of VAT and excise tax if the sale of the Goods is subject to these taxes). The price of the Goods does not include costs referred to in item 2 below. The price of the Goods quoted at the time the Customer places the Order is binding on both parties.
  2. The costs associated with the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
  3. The Customer may choose the form of payment:
    a) payment via the payment system Przelewy24 (available payment methods are Blik, Google Pay, PayPo, card, online transfer) - payment before shipment of the Goods (prepayment). After placing the Order, the Customer should make payment via the Przelewy24 payment system. Realisation of the Order takes place after the Customer's payment is recorded in the payment system;
    b) payment via PayPal payment system - payment before shipment of the Goods (prepayment). After the Order has been placed, the Customer should make payment via PayPal. The Order shall be fulfilled after the Customer's payment is credited to the payment system;
    c) payment using a gift card - according to the rules concerning the Seller's gift card.
    Detailed information is available here: https://leprive.pl/pl/payments.html.
  4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer if the provisions of common law require delivery, subject to the provisions of Chapter 5, paragraph 2, point 8 of the Terms and Conditions.
  5. The Customer is obliged to make payment within 2 days of the conclusion of the contract of sale, unless the chosen method of payment requires a different deadline, such as prepayment. If the Customer fails to make payment within this period, then - in accordance with Article 491 § 1 of the Civil Code (Journal of Laws 2022.1360, as amended) - the Seller sets an additional deadline for payment, after the ineffective expiry of which the Customer will be entitled to withdraw from the contract (cancellation of the order). If the Customer declares that the performance will not be fulfilled, the Seller may withdraw from the contract without setting an additional deadline, also before the specified deadline for performance has passed.
  6. The entity providing the electronic payment service Przelewy24 is PayPro S.A. with its registered seat in Poznań, ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Division of the National Court Register under the KRS number 0000347935, NIP number 7792369887, with the share capital of PLN 5,476,300.00, fully paid up and in the Register of National Payment Institutions kept by the Polish Financial Supervision Authority under the UKNF number IP24/2014. The performance of the payment services activity is supervised by the Polish Financial Supervision Authority.
  7. The entity providing the PayPal electronic payment service is PayPal (Europe) S.à r.l. et Cie, S.C.A., address: 22-24 Boulevard Royal, L-2449 Luxembourg, Commercial Registry no: R.C.S. Luxembourg B 118 349. PayPal operates under the supervision of the Luxembourg Financial Supervisory Commission (Commission de Surveillance du Secteur Financier, CSSF), under number B00000351.
  8. In the case of price reductions, the Seller shall also make visible the lowest price for the Goods in question that was in force during the 30 days prior to the introduction of the reduction, or from the date of commencement of offering the Goods in the Shop (if this period is shorter than 30 days), or the price before the application of the reduction (if the Goods are perishable or have a short shelf life).

§ 4 Delivery.

  1. The Product shall be dispatched to the address indicated by the Customer in the Form, unless otherwise agreed by the Parties.
  2. the Product is delivered via a courier company at the Customer's choice. A parcel sent via a courier company should be delivered within a maximum of 30 working days from the date of dispatch of the Goods.
  3. It is not possible to collect the Goods in person.
  4. Together with the Goods, the Seller shall issue to the Customer all pieces of its equipment as well as instructions for operation, maintenance and other documents required by generally applicable laws.
  5. the Seller indicates that:
    a) upon delivery of the Goods to the Customer or to the carrier, the benefits and burdens associated with the Goods, as well as the danger of accidental loss of or damage to the Goods, are transferred to the Customer. When the Goods are sold to the Consumer, the risk of accidental loss of or damage to the Goods shall pass to the Consumer upon delivery of the Goods to the Consumer. Issuance of the Goods is deemed to be its entrustment by the Seller to the carrier if the Seller had no influence on the choice of the carrier by the Consumer,
    b) acceptance of the consignment with the Product by the Consumer without reservation shall extinguish any claims for loss or damage in transit, unless:
    • the damage was ascertained by protocol before acceptance of the consignment;
    • the damage was not ascertained through the fault of the carrier;
    • the loss or damage was caused by the carrier's wilful misconduct or gross negligence;
    • the loss or damage that could not be outwardly noticed was noticed by the entitled person after the acceptance of the consignment and within 7 days he/she demanded to establish the condition of the consignment and proved that the loss or damage occurred between the acceptance of the consignment for transport and its delivery. The above does not apply to the Consumer and Entrepreneur privileged on the rights of the consumer.

§ 5 Additional information for the Consumer.

  1. The contract is not concluded for an indefinite period and will not be subject to automatic renewal.
  2. The minimum duration of the Consumer's obligations under the Contract shall be the duration of the execution of the Contract, i.e. payment and receipt of the Goods.
  3. The use of the Shop by the Consumer is not connected with the obligation to make a deposit or provide other financial guarantees.
  4. The Seller shall not be obliged to and shall not apply the code of good practices referred to in Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070 t.j. as amended).

CHAPTER 6 LIABILITY.

  1. Liability under warranty shall be excluded in legal relations with Customers and Entrepreneurs privileged on the rights of the Consumer, but this shall not apply to the Consumer. The Seller's liability for damage in legal relations with Customers is always limited to the value of the Goods, but this does not apply to the Consumer and Entrepreneurs privileged on the rights of the Consumer.
  2. The Seller shall be liable to the Consumer or Entrepreneur privileged on the rights of the Consumer for the non-conformity of the Goods with the Contract on the principles arising from the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020.287 t.j. as amended), including the following:
    2.1 The Goods are in conformity with the contract if:
    a) its description, type, quantity, quality, completeness and functionality are in conformity with the Contract;
    b) it is fit for a specific purpose of which the Seller was informed at the latest at the time of the conclusion of the Contract and which the Seller has accepted;
    c) the Goods are fit for the purpose for which such Goods are normally used;
    d) it comes in such quantity and has such characteristics (including durability and safety) as are typical of that type of good and which the Consumer or a Business Privileged under consumer rights could reasonably expect (taking into account the nature of the Goods and public assurances concerning them);
    e) is supplied with packaging, accessories and instructions which the Consumer or Trader Privileged to Consumer Rights could reasonably have expected;
    f) is of the same quality as the sample or design made available by the Seller prior to the conclusion of the Contract,
    2.2 The Seller shall not be liable for the non-conformity of the Goods with the Contract, as referred to in clauses 2.1 c-f above, if the Consumer or Entrepreneur with Preferential Rights to the Consumer has been informed by the Seller of this non-conformity at the latest at the time of the conclusion of the Contract and has accepted this fact expressly and separately,
    2.3 The Seller shall be liable for any nonconformity of the Goods with the Contract existing at the time of delivery of the Goods and ascertained within 2 years of that time, provided that this shall not apply if the Goods have a longer shelf life, as determined by the Seller or the Seller's predecessors or persons acting on the Seller's behalf,
    2.4 there shall be a presumption that any lack of conformity with the Contract which has become apparent before the expiry of the period of 2 years from the date of delivery of the Goods existed at the time of delivery;
    2.5 the rights of the Consumer or Trader in preference to the Consumer for non-conformity of the Goods with the Contract are:
    a) to request repair or replacement of the Goods. In such a case, the Consumer or Entrepreneur privileged on the rights of the consumer shall make the Goods available to the Seller and the Seller shall collect them at his expense. The costs associated with repair or replacement of the Goods shall be borne by the Seller. Repair or replacement of the Goods shall be carried out within a reasonable time. If replacement or repair of the Goods is impossible or requires excessive costs, the Seller may refuse to perform them;
    b) A Consumer or an Entrepreneur privileged on the rights of a Consumer may make a declaration to reduce the price of the Goods or to withdraw from the Contract if:
    • the Seller has refused to repair or replace the Goods;
    • the Seller has failed to repair or replace the Goods;
    • the lack of conformity of the Goods with the Contract continues, despite attempts to repair or replace the Goods;
    • the lack of conformity of the Goods with the Contract is so significant that it does not justify a request for repair or replacement of the Goods;
    • the circumstances or the Seller's statement indicate that it will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience,
      2.6 as to price reduction:
    • the reduced price must be proportionate to the price of the full-priced goods;
    • the Seller shall immediately, but not later than 14 days from the date of receipt of the declaration of price reduction, refund the amounts due to the Consumer or the Trader in favour of the Consumer,
      2.7 regarding withdrawal from the Contract:
    • the Consumer or Entrepreneur privileged with consumer rights may not withdraw from the Contract if the non-conformity of the Goods with the Contract is immaterial, but the presumption that this non-conformity is material applies;
    • the withdrawal may relate only to the Goods not in conformity with the Contract or also to other Goods covered by the Contract;
    • the Consumer or Entrepreneur privileged with consumer rights is obliged to return the Goods immediately at the Seller's expense;
    • the Seller shall refund the price to the Consumer or Entrepreneur privileged under consumer rights without delay, but no later than within 14 days of receipt of the Goods or proof of their return. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur privileged in the rights of the consumer, unless the latter has expressly agreed to a different method of refund that does not incur any costs for him.

CHAPTER 7 COMPLAINT HANDLING PROCEDURE.

  1. Complaints should be addressed by the Customer to the Seller on the website of the Store under the complaints tab: https://leprive.pl/pl/rma-open.html.
  2. If the parcel with the Product is found to be damaged, defective or damaged, the Customer should immediately (no later than within 7 days of receipt of the parcel) file a complaint with the Seller. Such action will enable the Customer to pursue claims against the carrier. It is not a condition to consider a complaint of a Consumer or Entrepreneur privileged on the rights of a Consumer. The complaint should contain a detailed description of the problem and the Customer's request, as well as photographic documentation. 3.
  3. The Seller undertakes to respond to the Customer's complaint within 30 days, and to respond to the complaint of the Consumer or Entrepreneur privileged on the rights of the consumer within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, he shall be deemed to have acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Consumer or the Entrepreneur privileged on the rights of the consumer on paper or on another durable medium (e.g. by e-mail).
  4. If the complaint is accepted, the Seller will take appropriate action.
  5. There is the possibility to use out-of-court means of handling complaints and claims in legal relations with Consumers, including:
    a) the possibility to resolve disputes electronically via the ODR platform
    b) the possibility of amicable proceedings before a common court or other authorities.

CHAPTER 8 WITHDRAWAL FROM THE CONTRACT

  1. Withdrawal from the Contract by the Seller or the Customer may take place under the rules of law, including the Civil Code (Journal of Laws 2022.1360 t.j. as amended).
  2. The Consumer or Entrepreneur privileged on the rights of the Consumer shall have the right to withdraw from the Contract within 14 days from the date of receipt of the Goods by him or by a third party indicated by him, not being a carrier.
  3. The address for the return of the Goods is: Omnipack, 66 Katowicka Avenue, building DC04 ramp 40, 05-830 Nadarzyn. Return of the Goods should take place within 14 days from the date of withdrawal from the contract.
  4. The performance of the service for which the Consumer or Entrepreneur entitled to consumer rights is obliged to pay the price, may begin before the expiry of the deadline for withdrawal from the Agreement, provided that the Consumer or Entrepreneur entitled to consumer rights submits to the Seller a statement containing such an explicit request and confirmation that he has acknowledged the loss of the right to withdraw from the Agreement upon its performance by the Seller.
  5. Withdrawal from the Contract shall be notified via the form: https://leprive.pl/pl/returns-open.html.
  6. The Consumer or Entrepreneur privileged on the rights of the Consumer shall be obliged to return the Goods together with all equipment, including packaging, if it is an essential element of the Goods - and within 14 days from the date of withdrawal from the Contract, unless the Seller has offered to collect the Goods himself. If the Seller has not offered to collect the Goods himself, the Seller may withhold reimbursement until he has received the Goods back or until he has provided the Seller with proof of return, whichever event occurs first.
  7. The Seller shall immediately, but not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Consumer or the Business Privileged by the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur privileged in the rights of the consumer, unless the Consumer or Entrepreneur privileged in the rights of the consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer or Entrepreneur privileged in the rights of the consumer.
  8. If the Consumer or Entrepreneur privileged on the rights of the consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur privileged on the rights of the consumer for the additional costs incurred by him for the delivery of the Goods.
  9. A Consumer or a Business Privileged on the rights of a Consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed about the necessity of bearing these costs.
  10. The Consumer or a Business Privileged on the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  11. In the event of effective withdrawal from the Contract, the Contract shall be deemed not to have been concluded.
  12. The right to withdraw from the Contract shall not apply to certain contracts, including:
    a) for the provision of services for which the Consumer or Business Person with Preferential Rights to the Consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer or Business Person with Preferential Rights to the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the Contract, and has acknowledged this;
    b) 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 end of the period for withdrawal from the Contract;
    c) in which the subject of the Contract is a perishable good or a good with a short shelf life;
    d) in which the subject of the Contract is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
    e) in which the subject-matter of the Contract consists of Goods which after delivery, by their nature, become inseparable from other goods;
    f) in which the Consumer or the Preferential Trader has expressly requested that the Seller come to him to carry out urgent repair or maintenance; and if the Seller provides additional services other than those which the Consumer or the Preferential Trader has requested to be carried out, or provides goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Contract shall apply to the additional services or goods;
    g) for the supply of digital content not supplied on a tangible medium for which the Consumer or Consumerprivileged Entrepreneur is liable to pay the price, where the Seller has commenced performance with the express and prior consent of the Consumer or Consumerprivileged Entrepreneur, who has been informed before the commencement of the performance that, after the Seller's performance, he will lose his right of withdrawal from the Contract, and has acknowledged this and the Seller has provided him with an acknowledgement.

CHAPTER 9 INTELLECTUAL PROPERTY

  1. The rights to the Website and its content belong to the Seller.
  2. The website address under which the Shop is available, as well as the content of the website www.leprive.pl are the subject of copyright and are protected by copyright and intellectual property law.
  3. All logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from www.leprive.pl without the owner's consent is prohibited.

CHAPTER 10. FINAL PROVISIONS.

  1. In matters not regulated by the Rules and Regulations in legal relations with the Customers, the relevant provisions of commonly applicable law shall apply.
  2. Any deviation from these Terms and Conditions must be made in writing under pain of invalidity.
  3. The court appropriate to resolve a dispute between the Seller and the Customer shall be the court having jurisdiction over the registered office of the Seller. The court competent to resolve a dispute between the Seller and the Consumer:
    a) from an action by the Seller will be a court with jurisdiction according to the general rules (court of the place of residence or stay of the Consumer),
    b) from the Consumer's action the court with jurisdiction over the Consumer's place of residence (but this does not apply to cases where the court's jurisdiction is exclusive), the court with jurisdiction according to general rules (the court of the Seller's place of residence) or another court more convenient for the Consumer (according to Article 31-37 of the Code of Civil Procedure).
    In the case of a dispute with the Entrepreneur privileged on the rights of the Consumer, the competent court shall be the court of general jurisdiction.
  4. the Terms and Conditions may be amended by the Seller for important reasons, which in particular are considered to be changes to commonly applicable laws, changes concerning the profile of the Seller's business or the Seller's offer, changes concerning the functionality of the Website.
  5. The Terms and Conditions are valid as of the date of publication on the Website, with the proviso that it does not affect the acquired rights of Customers, i.e. the Terms and Conditions valid as of the date of these actions apply to an Order placed before the change or to an Agreement concluded and executed before the change.
  6. The Seller shall notify the Customers with whom a continuous contract is concluded (registered users, those with an Account or those subscribed to the Newsletter) of the content of the amendments to the Terms and Conditions. The notification will be made by posting the information on the Website and by the Seller's statement made electronically. If the Customer does not accept the changes, he/she may exercise the right to resign from the contract within 14 days. In the absence of a statement, the change will take effect 14 days after the date of notification.

REFERENCE TO THE RIGHT TO WITHDRAW FROM THE CONTRACT - applies to Consumers and Entrepreneurs with preferential rights to Consumers.

You have the right to withdraw from this contract within 14 days without giving any reason. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail). Please provide contact details below: contact@leprive.pl
You may use the form on https://leprive.pl/pl/returns-open.html
The withdrawal period shall expire after 14 days from the day on which you have taken possession of the last lot or piece or on which a third party other than the carrier and indicated by you has taken possession of the last lot or piece. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: in the event of withdrawal, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with this refund. We may withhold reimbursement until we have received the Goods or until you provide us with proof of return, whichever event occurs first.

Please send back or hand over the goods to us immediately and in any event not later than 14 days from the day on which you have informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.

You will have to bear the direct costs of returning the goods. These costs are estimated at a maximum of approximately PLN 5,000.

You shall be liable for any diminished value of the goods resulting from your use of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
You may use the model withdrawal form, but this is not obligatory.

Model withdrawal form.

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