- The LaSpa online shop, available at www.laspa.pl, is run by Gerard Szwarczyński conducting business activity under the name Arges Gerard Szwarczyński, registered in the Central Register of Business Activity and Information (CEIDG) kept by the Minister for Economic Affairs, NIP [Taxpayer ID No.] 8862038542, REGON [Business ID No.] 890280645
- Consumer – a natural person concluding an agreement with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity.
- Seller – the natural person conducting business activity under the name: Arges Gerard Szwarczyński, registered in the Central Register of Business Activity and Information (CEIDG) kept by the Minister for Economic Affairs, NIP [Taxpayer ID No.] 8862038542, REGON [Business ID No.] 890280645
- Customer – any entity making purchases via the Shop.
- Entrepreneur – natural person, legal person and organisational unit not being a legal person, to whom a separate act grants legal capacity, running a business on their own behalf, who uses the Shop.
- Shop – internet shop run by the Seller at the following internet address: www.laspa.pl.
- Distance agreement – Agreement concluded with the Customer within an organised system for concluding distance agreements (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
- Terms and Conditions – these terms and conditions of the Shop.
- Order – declaration of will made by the Customer using the Order Form and aiming directly at concluding a Product or Products Sales Agreement with the Seller.
- Account – Customer’s account in the Shop, which contains data given by the Customer and information about Orders placed by him or her in the Shop.
- Registration form – form available in the Shop, enabling the creation of an Account.
- Order form – an interactive form available in the Shop, enabling to place an Order, in particular by adding Products to the Cart and specifying terms of the Sales Agreement, including delivery and payment method.
- Cart – element of the Shop’s software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order’s data, in particular the quantity of products.
- Product – a movable item/service available in the Shop, which is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – Sales Agreement of a Product concluded between the Customer and the Seller via the Online Shop. The Sales Agreement shall also be understood – depending on the characteristics of the Product – as the agreement for the provision of services and contract of mandate.
Contact with the Shop
- The Seller’s address: ul. Leśna 4, 58-350 Mieroszów, Poland
- The Seller’s e-mail address: email@example.com
- The Seller’s phone number: 74 845 82 53
- The Seller’s fax number: 74 845 82 53
- The Seller’s bank account number: 41 1090 2271 0000 0001 3240 6480
- The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
- The Customer may communicate with the Seller by phone between 6 am and 2 pm.
To use the Shop, including browsing the Shop’s assortment and placing orders for Products, the following are necessary:
- end device with access to the Internet and a Mozilla Fiefox-type browser
- active electronic mail account (e-mail),
- cookies enabled,
- active telephone number in the case of parcel shipments.
- The Seller, to the fullest extent permitted by law, is not responsible for malfunctions, including interruptions in Shop operations caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Shop with the Customer’s technical infrastructure.
- Browsing the Shop’s assortment does not require creating an Account. Placing orders by the Customer for products in the Shop’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data which enables the fulfilment of the order without creating an Account.
- The prices given in the Shop are given in Polish złoty and are gross prices (they include VAT).
- The final (definitive) amount to be paid by the Customer consists of the price for the product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Shop’s website while placing an order, including when expressing his or her will to be bound by a Sales Agreement.
- In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (definitive) price shall be the total price including all payments for the settlement period.
- If the nature of the subject matter of the Agreement does not make it possible, in a reasonable estimation, to calculate the final (definitive) price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services and other costs shall be given in the Product description on the Shop’s website.
Creating an Account in the Shop
- In order to set up an Account in the Shop, it is necessary to fill in the Registration Form. It is necessary to provide the following data: first name, last name, delivery address, e-mail address, telephone number.
- Setting up an Account in the Shop is free.
- Logging into an Account is done by providing the login and password chosen in the Registration Form.
- The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending the appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.
Principles of placing an Order
In order to place an Order it is necessary to:
- log in to the Shop (optionally);
- select the Product which is the subject of the Order and then click the “Add to cart” button (or equivalent);
- log in or use the possibility of placing an Order without registration;
- if the option of submitting an Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of the Product delivery), enter the data for the invoice, if different from the data of the recipient of the Order,
- click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
- choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8.3.
Delivery and payment methods
- The Customer may use the following methods of delivery or collection of the ordered Product:
- Parcel Post;
- Courier delivery, cash on delivery,
- The Customer may use the following payment methods:
- Payment on delivery
- Cash on delivery
- Payment by bank transfer to the account of the Seller
- Electronic payment
- Payment by credit card.
Performing the Sales Agreement
- Conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer using the Order Form at the Online Shop, in accordance with § 7 of the Terms and Conditions.
- After placing an Order the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message the Sales Agreement between the Customer and the Seller is concluded.
- If the Customer chooses:
- transfer payment, electronic payment or credit card payment, the Customer is obliged to make the payment within 5 calendar days from the day of concluding the Sales Agreement – otherwise the order will be cancelled.
- payment on delivery, the Customer is obliged to make payment on delivery.
- If the Customer chooses a delivery method other than personal collection, the Product shall be dispatched by the Seller within the time limit indicated in its description (subject to sec. 5 of this paragraph), in the manner selected by the Customer when placing the Order.
- A In the event of an order for Products with different delivery periods, the delivery period shall be the longest specified period.
- B If the Customer orders Products with different delivery times, the Customer shall have the option to request that the Products be delivered in instalments or that all Products be delivered when the Order is complete.
- The start of the Product delivery period to the Customer is calculated as follows:
- If the Customer chooses the payment method by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
- If the Customer chooses the ‘on delivery’ payment method – from the date of conclusion of the Sales Agreement.
6. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date specified in the Product description. The Customer will also be informed by the Seller whether the Product is ready for collection by sending an appropriate e-mail to the e-mail address provided by the Customer during the placement of the Order.
Right of withdrawal
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in sec. 1 starts from the date of delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
- Where an Agreement comprises a number of Products which are delivered separately, in instalments or in parts, the period referred to in section 1 shall run from the delivery of the last item, lot or part.
- In the case of an Agreement which involves regular delivery of Products for a fixed period of time (subscription), the period referred to in section 1 shall run from the time of taking possession of the first item.
- The consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of this deadline.
- The statement may be sent by traditional mail, fax or electronically by sending a statement to the e-mail address of the Seller or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix 1 to these Terms and Conditions, and Appendix to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
- If the statement is sent by the Consumer electronically, the Seller shall immediately send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer at the email address provided by the Consumer.
- Effects of withdrawal from the Agreement:
- In the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
- In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by him or her, including the costs of delivery of the items, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
- Reimbursement of payments shall be made by the Seller using the same methods of payment as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any additional costs.
- The Seller may withhold reimbursement until it has received the Product back or until it has been supplied with proof of the Product having been sent back, whichever event occurs first.
- The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the date on which he or she informed the Seller of his or her withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
- The Consumer shall bear all direct costs of returning the Product, including the costs of returning the Product if due to its nature the Product could not be sent back by post in the usual way.
- The Consumer shall be liable only for the reduced value of the Product resulting from the use of the Product in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this and about the costs of returning the Product shall be included in the Product description on the Shop’s website.
- The right to withdraw from the agreement concluded at a distance does not apply to the Consumer in relation to the Agreement:
- in which the subject matter is a non-prefabricated item manufactured to the Consumer’s specification or serving to meet his or her individual needs,
- in which the subject matter is an item supplied in sealed packaging which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery,
- in which the subject matter is a quickly deteriorating item or an item with a short shelf life,
- for provision of services if the Seller has performed the service in full with the express consent of the Consumer who was informed before the provision was made that after the Seller’s performance of the service he or she will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations of the financial market, over which the Seller has no control, and which may occur before the end of the deadline for withdrawal from the Agreement,
- in which the subject matter are items which after delivery, due to their nature, are inseparably connected with other items,
- in which the subject matter are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement and the delivery of which may only take place after the lapse of 30 days and the value of which depends on fluctuations on the market, over which the Seller has no control,
- in which the subject matter are sound or visual recordings or computer software, delivered in sealed packaging, if the packaging has been opened after delivery,
- for the supply of newspapers, periodicals or magazines, except for a subscription agreement,
- for the supply of digital content which is not recorded on a tangible medium if the performance of the service has begun with the Consumer’s express consent before the end of the period for withdrawal from the Agreement and after the Seller has informed the Consumer of the loss of the right to withdraw from the Agreement,
Complaints and warranty
- The Sales Agreement covers new Products.
- In the case of defects of goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- The complaint should be submitted in writing or electronically to the addresses of the Seller given in these Terms and Conditions.
- The complaint should include, in particular, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer submitting the complaint and the Customer’s request in relation to the defect of the goods.
- The Seller shall respond to the complaint immediately, no later than within 14 days, and if the Seller fails to do so within this period, it is deemed that the Customer’s request is justified.
- Goods sent back within the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.
Out-of-court ways of dealing with complaints and making claims
- Detailed information about the possibility of out-of-court settlement of complaints and investigation of claims by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer is entitled to make use of the following out-of-court settlement procedures for handling complaints and asserting claims:
- The Consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in settling a dispute between him or her and the Seller, including using the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
Personal data in the Online Shop
- The Seller is the administrator of personal data of Customers collected via the Online Shop.
- The personal data of Customers collected by the administrator via the Online Shop are collected for the purpose of performing the Sales Agreement, and if the Customer gives their consent – also for marketing purposes.
- The recipients of the Customers’ personal data can be:
- If the Customer uses the delivery method by mail or courier, the Administrator shall make the collected personal data of the Customer available to a chosen carrier or agent, who will execute the shipment on the order of the Administrator.
- If the Customer uses the electronic or credit card payment method in the Online Shop, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Shop.
4. The Customer has the right to access his/her data and correct them.
5. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude the agreement.
6. Customer’s personal data will be used only for the purpose of processing and shipping the order placed by them. They will not be made available or distributed to third parties.
1. Agreements concluded through the Online Shop are concluded in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law, in particular: Civil Code, Act on providing electronic services, Act on consumer rights, Act on personal data protection, shall apply.
4. The Customer has the right to use out-of-court settlement procedures for complaints and claims. For this purpose, he or she may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.