Terms and Conditions

The Terms and Conditions define the rules and conditions for the provision of services by electronic means, including the use of the Store, as well as the rights, obligations, and terms of liability of the Seller and the Customer. The Terms and Conditions also contain information that the Seller is obliged to provide to the Consumer and the Entrepreneur with consumer rights under applicable laws, including the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, as amended).

Every Customer should read the Terms and Conditions.

The Terms and Conditions 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 Terms and Conditions are also made available in a manner that allows for the acquisition, reproduction, and recording of their content using the ICT system used by the Customer (e.g., by e-mail).

Basic definitions:

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  Terms and Conditions: these Terms and Conditions of the Online Store;
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  Seller: LE PRIVE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków, ul. Ludwinowska 11/183, 30-331 Kraków, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 0001058889, NIP 6762564922, REGON 383020632, share capital in the amount of 10,000.00 PLN (fully paid), e-mail: contact@leprive.pl, tel.: 668 618 705
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  Customer: a natural person who is at least 18 years old and has full legal capacity, a legal person, or an organizational unit without legal personality but capable of acquiring rights and incurring obligations in its own name, which enters into a legal relationship with the Seller within the scope of the Store's activities. The Customer is also a Consumer or an Entrepreneur with consumer rights, if there are no separate provisions in the Terms and Conditions for them in a given matter;
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  Consumer: a Customer who is a natural person performing a legal act (purchase) with the Seller that is not directly related to their business or professional activity;
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  Electronic Service: a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, provided remotely by electronic means by the Seller to the Customer via the Website;
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  Store / Online Store / Website: an Electronic Service, a store operated by the Seller at the website address www.leprive.pl, through which the Customer concludes a remote sales contract for the Product;
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  Account: a free Electronic Service, identified by an individual name (login) and a password provided by the Customer, representing a collection of resources in the Seller's ICT system;
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  Product: a movable item available in the Seller's offer presented in the Store;
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  Contract: a remote contract for the purchase of a Product, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
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  Form: a script constituting a means of electronic communication, allowing for the placement of an Order in the Store or the performance of other actions in the Store;
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  Order: a request to purchase a Product in the Store, placed by the Customer using the Form;
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  Newsletter: a free Electronic Service provided by the Seller via e-mail, enabling the automatic receipt of cyclical messages containing information about the Website, including news or promotions;
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  Force Majeure: a sudden, unforeseeable event beyond the control of the parties, preventing the performance of the contract in whole or in part, which could not have been prevented by exercising due diligence (e.g., war, strikes, epidemics, states of emergency);
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  Entrepreneur with consumer rights: a natural person concluding a Contract directly related to their business activity, where it follows from the content of that Contract that it does not have a professional character for them, resulting in particular from the subject of their business activity.

Seller's contact details for communication with the Customer: address: ul. Karmelicka 57/3, 31-128 Kraków, e-mail address: contact@leprive.pl, phone number: 668618705. The Seller does not provide any other form of online communication.

The Seller offers the following types of Electronic Services:

• Online Store,
• Newsletter,
• Providing opinions (commenting),
• Account.

The Seller provides Electronic Services in accordance with the Terms and Conditions.

The technical requirement for using the Store is that the Customer must have a computer or other devices enabling web browsing, appropriate software (including a web browser), access to the Internet, and an active and valid e-mail account.

The Customer is prohibited from providing illegal content.

Using the Store may involve risks typical of using the Internet, such as spam, viruses, or hacker attacks. The Seller takes measures to counteract these threats. Customers should use appropriate technical measures to minimize the aforementioned risks, including antivirus and identity protection software for Internet users.

The agreement for the provision of free Electronic Services is concluded via the Internet through the Store. The Customer may terminate the use of free Electronic Services at any time by leaving the Store, unsubscribing from the Newsletter, or by deleting the Customer's account.

The Seller may process the following personal data of the Customer necessary to establish, define the content of, amend, or terminate the agreement:

• surname and first names of the Customer;
• permanent residential address;
• correspondence address, if different from the residential address;
• Customer's e-mail addresses;
• phone number;
• Tax Identification Number (NIP).

With the Customer's consent and for the purposes of advertising, market research, and research into Customer behavior and preferences, the Seller may process other data concerning the Customer that are not necessary for the provision of services by electronic means.

The Seller's contact point for the purposes of Regulation (EU) 2022/2065 (Digital Services Act): contact@leprive.pl. Communication may be conducted in Polish or English.

The Seller processes personal data provided by Customers in accordance with applicable legal regulations, including the Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). In particular, the Seller ensures that data is:

• processed lawfully, fairly, and in a transparent manner;
• collected for specified, explicit, and legitimate purposes;
• adequate, relevant, and limited to what is necessary;
• accurate and, where necessary, kept up to date;
• kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
• processed in a manner that ensures appropriate security of the personal data.

The Seller implements appropriate technical and organizational measures to ensure the protection of the processed personal data.

The processing of personal data is based on the Customers' consent or the existence of another condition justifying the processing of personal data under the Regulation.

The Seller guarantees the exercise of the rights of the persons whose personal data are processed, including:

• the right to withdraw consent for the processing of personal data;
• the right to information regarding their personal data;
• the right to control the processing of data, including its supplementation, updating, rectification, and erasure;
• the right to object to processing or to request the restriction of processing;
• the right to lodge a complaint with a supervisory authority and to use other legal remedies.

A person having access to personal data processes them solely on the basis of the Seller's authorization or a data processing agreement, and exclusively on the Seller's instructions.

The Seller ensures that it does not disclose personal data to entities other than those authorized under applicable legal regulations. In connection with business operations, personal data may be transferred to:

• a hosting company;
• the provider of the Store's software;
• an internet service provider;
• companies providing courier or postal services;
• the provider of the electronic payment platform;
• the provider of invoicing software;
• entities providing accounting or legal services.

Account

Registration of an Account on the Store's website is free of charge and requires completing the registration form, providing specific data, and submitting declarations regarding the acceptance of the Terms and Conditions, personal data processing, and the provision of commercial information. A link to verify the Account will be sent to the Customer's email address. The password is confidential and should not be shared with anyone.

The Account enables the Customer to enter or modify data, place or check orders, and view order history. The Account Electronic Service is provided free of charge for an indefinite period. The Customer may resign from the Account at any time by submitting a request to delete the account to: contact@leprive.pl.

Newsletter

The Newsletter service is intended to provide the Customer with requested information. Using the Newsletter does not require Account registration, but requires providing an email address and submitting declarations regarding the acceptance of the Terms and Conditions, personal data processing, and the provision of commercial information. A link confirming the subscription will be sent to the Customer's email address. The service is provided free of charge for an indefinite period. The Customer may resign from the Newsletter at any time by sending a request to: contact@leprive.pl.

Reviews

Within a specified period after the completion of an Order, a Customer holding an Account may be asked to provide a rating of the order service and a rating of individual goods. The rating is voluntary and free of charge. The Customer may provide a rating in the form of 1 to 5 stars and add a written comment limited to 65,535 characters. Ratings are automatically signed with the Customer's name and the city indicated during Account registration.

The Customer is solely and independently responsible for any statement made as part of a review. The Seller is entitled to block reviews based on the principles arising from legal regulations and the Terms and Conditions.

The Customer may not post reviews that:

• do not relate to the Goods;
• concern technical issues related to the operation of the Store;
• contain links to other websites;
• concern goods or activities of a competitive nature;
• constitute advertising or other marketing activities regarding goods or services not included in the Seller's offer;
• incite violence, hatred, or discrimination for any reason;
• contain profanity or other offensive content;
• constitute an attempt at fraud or any other act prohibited by law;
• violate copyright or the personal rights of others;
• violate other generally applicable legal regulations.

The Seller informs that only reviews obtained from Customers are posted in the Store — both positive and negative. The Seller does not use third-party or sponsored reviews.

In the event that a third party considers that a given review contains illegal content, they may make a report to the address: contact@leprive.pl. The report should contain a justification, the exact electronic location of the content, and the first and last name or name and email address of the reporting person.

Goods

All Goods offered in the Store are new and conform to the Agreement. A detailed description of the Goods can be found on the Store's website. No warranty is provided, and no after-sales services are rendered.

Orders and their fulfillment

An order can be placed by filling out the Form available in the Store. Orders can be placed after registering an Account or without registering an Account (guest checkout). The Customer is obliged to fill out the Form carefully, providing all data truthfully and specifying the chosen method of payment and delivery.

Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or public holidays are processed on the next business day.

The Customer confirms the order by selecting the button labeled "order and pay." The Seller will send a confirmation of the Order to the Customer via the provided e-mail address.

The order fulfillment time (i.e., until the date of shipment of the Goods) is from 1 to 4 business days, and in the case of a "pre-order," from 1 to 30 business days.

In the event that an order cannot be fulfilled, the Seller undertakes to inform the Customer immediately via e-mail or by phone. In such a case, the Consumer may withdraw from the contract, and the Seller will refund the payment.

Payments

All prices of Goods listed in the Store are in Polish Zloty (PLN), Euro (EUR), or US Dollars (USD) and include VAT. The price of the Goods indicated at the time of placing the Order is binding for both parties.

Costs associated with the delivery of the Goods are borne by the Customer. Information about the amount of these costs is provided during the ordering process.

The Customer may choose the method of payment:

• payment via the Przelewy24 system (Blik, Google Pay, PayPo, card, online transfer) — prepayment before the shipment of the Goods;
• payment via the PayPal system — prepayment before the shipment of the Goods;
• payment for the ordered goods via the external payment system ING Pay,
  operated by ING Bank Śląski S.A. with its registered office in Katowice – prepayment before the shipment of the Goods;
• payment using a gift card — according to the terms and conditions of the Seller's gift card.

Detailed information is available here: https://leprive.pl/pl/payments.html

The Customer is obliged to make the payment within 2 days from the date of concluding the sales agreement. If the Customer fails to make the payment within this period, the Seller shall set an additional deadline for payment, after the ineffective expiry of which the Seller shall be entitled to withdraw from the contract.

Delivery

The Product is sent to the address indicated by the Customer in the Form. The Product is delivered via a courier company of the Customer's choice. A package sent via a courier company should be delivered within a maximum of 30 business days from the date of shipment of the Goods. There is no possibility of personal collection of the Goods.

Upon delivery of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage to the Goods, pass to the Customer.

Additional information for the Consumer

The agreement is not concluded for an indefinite period and will not be subject to automatic renewal. The minimum duration of the Consumer's obligations resulting from the Agreement is the time required to fulfill the Agreement, i.e., making the payment and taking delivery of the Goods. The use of the Store by the Consumer does not involve the obligation to provide a deposit or other financial guarantees.

The warranty for defects is excluded in legal relationships with Customers who are not Consumers. The Seller's liability for damages in legal relationships with Customers is always limited to the value of the Goods, but this does not apply to a Consumer or an Entrepreneur granted consumer rights.

The Seller is liable to the Consumer or an Entrepreneur granted consumer rights for any lack of conformity of the Goods with the Contract. Goods are in conformity with the Contract if, among other things:

• their description, type, quantity, quality, completeness, and functionality are in accordance with the Contract;
• they are fit for the specific purpose of which the Seller was informed and which the Seller has accepted;
• they are suitable for the purpose for which goods of this type are normally used;
• they are delivered with packaging, accessories, and instructions that the Consumer can reasonably expect.

The Seller is liable for any lack of conformity of the Goods with the Contract that exists at the time of delivery of the Goods and is identified within 2 years from that time.

The Consumer's rights regarding the lack of conformity of the Goods with the Contract are:

• requesting repair or replacement of the Goods — the costs of repair or replacement are borne by the Seller;
• submitting a declaration of price reduction or withdrawal from the Contract — in cases where the Seller has refused or failed to repair or replace the Goods, the lack of conformity persists, or it is significant enough that it does not justify a request for repair or replacement.

The Seller shall refund the due amounts within 14 days from the date of receipt of the relevant declaration from the Consumer.

The Customer should direct complaints to the Seller on the Store's website under the complaints tab.

In the event that the shipment containing the Product is found to be tampered with, incomplete, or damaged, the Customer should immediately (no later than 7 days from the date of receipt of the shipment) file a complaint with the Seller. The complaint should include a detailed description of the problem and the Customer's request, as well as photographic documentation.

The Seller undertakes to respond to the Customer's complaint within 30 days, and to a complaint from a Consumer or an Entrepreneur with consumer rights within 14 days. If the Seller does not respond to a Consumer's complaint within 14 days, it is deemed that they have accepted it as justified.

It is possible to use out-of-court methods for handling complaints and pursuing claims, including:

• the possibility of resolving disputes electronically via the ODR platform;
• the possibility of conducting amicable proceedings before a common court or other authorities.

The Consumer or the Privileged Entrepreneur with consumer rights is entitled to withdraw from the Agreement within 14 days from the date of receipt of the Goods.

Address for the return of Goods: Omnipack, Aleja Katowicka 66, bud. DC04 rampa 40, 05-830 Nadarzyn. The return of the Goods should take place within 14 days from the date of withdrawal from the agreement.

Withdrawal from the agreement should be reported via the form

The Consumer or the Privileged Entrepreneur with consumer rights is obliged to return the Goods along with all accessories, including packaging, if it constitutes an essential element of the Goods.

The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the agreement, refund to the Consumer all payments made by them, including the costs of delivery of the Goods, using the same payment method as used by the Consumer.

The Consumer or the Privileged Entrepreneur with consumer rights bears only the direct costs of returning the Goods and is liable for any diminished value of the Goods resulting from their use in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Goods.

The right to withdraw from the Agreement does not apply, among others, to agreements:

• for the provision of services fully performed with the express consent of the Consumer;
• where the price depends on fluctuations in the financial market over which the Seller has no control;
• where the subject is a good that deteriorates rapidly or has a short shelf life;
• where the subject is a good supplied in a sealed package which cannot be returned after opening for health protection or hygiene reasons;
• where the subject is a good which, after delivery, is inseparably mixed with other goods;
• for the supply of digital content not supplied on a tangible medium if the Seller has started the performance with the express consent of the Consumer.

The rights to the Website and the content contained therein belong to the Seller. The address of the website and the content of the website www.leprive.pl are subject to copyright and are protected by copyright law and intellectual property law.

All logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered marks and belong to the Seller, the manufacturer, or the distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from the website www.leprive.pl without the owner's consent is prohibited.

In matters not regulated by the Terms and Conditions, the relevant provisions of generally applicable law shall apply to legal relationships with Clients. Any deviations from the Terms and Conditions require written form under pain of nullity.

The court with jurisdiction to settle disputes between the Seller and the Client shall be the court with jurisdiction over the Seller's registered office. In the case of a dispute with a Consumer, the court of the Consumer's place of residence or the court according to general principles shall be competent, at the Consumer's choice.

The Terms and Conditions may be amended by the Seller for important reasons, which include, in particular, changes in generally applicable laws, changes to the Seller's business profile, or the functionality of the Website.

The Seller shall notify a Client who has an Account or is subscribed to the Newsletter of the content of amendments to the Terms and Conditions by posting information on the Website and via electronic means. In the absence of acceptance of the changes, the Client may exercise the right to terminate the agreement within 14 days.

You have the right to withdraw from this contract within 14 days without giving any reason. To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement: contact@leprive.pl. You may use the form on the website

The withdrawal period expires after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

Effects of withdrawal: if you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

Please send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. You will have to bear the direct cost of returning the goods (estimated at a maximum of approximately 5000 PLN). You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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