These Terms of Service provide a contractual model which lays down generalterms and conditions of the Agreement concluded with the Lofee online store.
The Terms of Service have become effective as of June 2020
1. Terms of Service – This document.
2. Seller / Controller – Lofee sp. z o.o., with its registered office in Tczew (83-100), Street, and address: al. Solidarności 29,, TaxIdentification No. (NIP): 5932618244, , entered into the Register of Entrepreneurs of the National Court Register under KRS no. 749619 .
3. Agreement – buy-sell agreement is entered into between a Seller and a Buyer.
4. Price – value of the product, without transport costs.
5. Buyer – a Consumer who Has entered into the Agreement, or a natural person conducting business activities, or a legal person oranorganizational unit without legal personality.
6. Client– The Buyer or Consumer, or a person who is potentially considering concluding a Purchase / Sale Agreement with the Seller or registering an account in the Seller’s Store, as well as a person who, using his browser, opens the website under which the Seller’s Store is registered.
7. Consumer – a natural person having full capacity of acts in law whose entering into the Agreement is unrelated to his/her business or Professional activity.
8. Entrepreneur– a natural person, a legal person and an organizational unit referred to in art. 331 § 1 of the Civil Code, conducting business or professional activity on its own behalf, in accordance with Art. 431 of the Civil Code
9. Account – a collection of information and settings saved in Seller database for Buyer, being a part of provision of store services. The access to the Account is available Only after registration. If you already have an Account, please login. Registering an account constitutes the conclusion of an account maintenance agreement in the Seller’s Store.
10. Store – the online store located at: ___ through which the Buyer may place orders .
12. Product– the minimum and indivisible number of items that may be the subject of the order, and which is given in the Seller’s store as a unit of measurement when determining its price (price / unit).
13. External Channel of Payments – external PayU service operated by PayU S.A. with headquarters in Poznań, ul. Grunwaldzka 186, entered into the Register of Entrepreneurs of the National Court Register under the number KRS 274399, NIP: 779-23-08-495, REGON 300523444.
14. Force majeure – an event caused by anaccident or by the forces of nature which cannot be controlled or influenced by the Seller (such as fire, explosion, electricitybreakdown, earthquake, flood, intensethunder and raining, turmoil, acts of civil as well as military authorities, war, terrorism (including cyberterrorism), by actions of the operators of telecommunications networks and by other unpredictable factors.
15. Cookies/cookie files – small textual information sent by the www server and saved by the Seller.
16. Email address – anactive address of Buyer electronic mail account.
17. ICT system– a set of cooperating IT devices and software ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2016, item 542, as amended).
18. Login – Buyer’s mail address.
19. Password – a unique set of signs adjusted to Store technical requirements and chosen by Buyer which is used to authorize access and secure Account against unauthorized access of any third party.
20. Working day – the dayc ounted between 9 am to 4 pm, Since Monday to Friday, CET, with exclusion of the days off in the Republic of Poland, orday sindicated as vacation by the Seller on the Website, social media or mail notification.
21. Order – Agreement concluded by the Customer by submitting an unequivocal declaration of will via the Seller’s ICT system specifying the quantity and type of Products ordered, type of delivery, method of payment.
22. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection).
§2. General provisions
- The Sellermakes the Terms of Service available free of charge before conclusion of the Agreement through the Storewebsite, and the Buyer is obliged to become familiar with its contents before placing an order. In addition, the Seller sends the Terms of Service along with the e-mail confirming acceptance of the order to the e-mail address of the Buyer. At the Consumer request the documentmay be made available in another form which allows the Consumer to acquire, replay and fix content of the Terms of Service using an ICT system used by the Consumer.
- In order to use the Store and place orders, it is necessary to have access to the Internet and to have a web browser installed (we recommend using the latest version of the browser).
- Each product page contains information such as: general description of the product (as defined in §.3.2. of the Terms of Service), price, term of order fulfilment by the Seller, time and method of delivery. This isi nformation addressed to the general public that should be treated only as an invitation to enter into the Agreement. The moment the Seller accepts the Buyer’s order for fulfilment (the Buyer shall receive an email confirming acceptance of the order placed) is deemed the moment of concluding the Agreement.
- Placing an order constitutes an agreement with the Seller. On the part of the Seller, there is a presumption that the concluded contract is legally binding. If the Seller becomes aware of the ineffectiveness, invalidity or any other circumstances causing the inability to perform the Agreement, the Seller shall refrain from processing personal data.
§3. Goods/products offered
- The Store allows to buy hand disinfection stations. All Products offered by the Seller are new, free from physical and legal defects.
- The web page of each product contains information about the product or types of products, such as:
a) a brief description of the Product, including a description of its functionality
c) user manual
d) exchange / refund;
e) methods of payment.
- The Seller has the option of introducing promotions or changing the prices of the Products offered.
§4. Placing orders
- The orders may be placed with the Store only by adults with full legal capacity, by taking the following steps:
- The Buyer selects the product he or she is interested in and adds it to the cart;
- By default, a single click on the product means choosing one item. The Buyer May increase or decrease the number of items of the ordered product in the cart. Having made changes, one should update the cart by clicking the button “Order”;
- Adding a product to the cart does not mean its reservation – the final confirmation of availability takes place at the time of accepting the order after confirming the order by using the “Order and pay” button (point f below);
- The Buyer, by approving the basket, goes to the page where he can log in (set up an Account if he does not have one) or place an order without logging in;
- The Buyer enters shipping data and the Buyer’s contact information in the order form;
- The Buyer selects the payment method and confirms the willingness to conclude the Agreement with the “Order and pay” button;
- In the case of placing an order when the Buyer is not logged in to the Account, he will be asked to accept the Regulations. Lack of acceptance of the Regulations prevents placing an order;
- The Seller sends an e-mail informing that the Buyer has placed an order and that the goods have been delivered.
2. Until the moment of receiving an e-mail confirming the acceptance of the order for execution, the Consumer may cancel the transaction by contacting the Seller by phone at: +48 575 460 560. In this case, the funds paid will be returned immediately, but not later than within 14 days from the date of cancellation.
3. In special cases, it is possible to place an order and its implementation outside the Store via e-mail. In this case, the Buyer, before placing the order, receives the Regulations to his e-mail address and is asked to accept the Regulations and thus confirm the continued willingness to place the order.
- The creation of an Account by the Buyer in the Seller’s Store is voluntary and is not a condition for placing an order.
- By creating an Account, the Buyer concludes an account agreement with the Seller on the Seller’s website.
- In the ICT system, after creating the Account, the history and status of Orders placed by the Buyer will be available. The Seller will not use the history of submitted Orders to present offers for Products in an automated manner.
§5. Prices and payment methods
- Prices of all products in the Store are displayed according to the Buyer’s preferences: in Polish zlotys (PLN), euros (EUR) or US dollars (USD), and do not include costs of delivery. The cost of delivery is shown in the order form. In the case of orders exceeding the Mount indicated on the product sheet as free of delivery costs, delivery costs are PLN 0.00/EUR 0.0/USD 0.0. The Buyer checks the amount to be paid (product price + delivery cost) before placing the order, Tat is before sending the offer to the Seller.
- The Seller allows for a reduction of the price by grating a rebate based on the discount code provided by the Seller or on the basis of discounts periodically offered by the Seller, or on the basis of a gift card.
- If the product is subject to a periodic discount (i.e. promotion), the product page displays the price before discount and after discount.
- The product price binding for the Seller and the Buyer is the price displayed to the Buyer in the order form before the payment.
- The Buyer may choose one of the following payment methods:
- payment by PayU – by quick bank transfer or by payment card
- payment by traditional bank transfer
- The Seller reserves that the order processing time is counted from the moment of confirming the payment authorization.
- Fiscal receipts are issued for all ordered goods in the Store, which are delivered together with the purchased goods.
- At the time of purchase, the Buyer may request a VAT invoice, providing the data for its issue. In this case, the Seller will issue an invoice and deliver it instead of a fiscal receipt.
- The buyer who is a VAT payer (including a natural person running a business) who makes a purchase as part of his business, is obliged to provide the invoice data at the latest at the time of placing the order. The seller is not able to issue an invoice to VAT payers at a later date.
- Not later than within 3 months from the end of the month in which the purchase was made, the Consumer may request the Seller to issue a personal invoice in place of the fiscal receipt received with the purchased goods. The issuance of such an invoice will be possible after providing the Seller with the buyer’s data and the original fiscal receipt delivered to the Buyer.
- Invoices are sent electronically to the address provided by the Customer when placing the order.
§6. Order fulfilment and delivery
- The Seller accepts the order for fulfilment after checking availability of the ordered product in stock. If the order is accepted, the Seller sends to the Buyeran e-mail informing about acceptance of the order.
- Orders are fulfilled by the customer service department on working days in accordance with the fulfilment date displayed on the product sheet and in the e-mail confirming acceptance of the order for the fulfilment. Orders are not fulfilled on days other than working days.In case of any questions, please contact us via the contact form on the Store’s website in the Contact tab. The reply shall be sent within 2 working days.
- Goods are shipped by courier or otherwise, if indicated in the Product description. On the Store’s website, the Seller informs each time about the available delivery methods and companies delivering to the address indicated by the Buyer or to the collection point indicated by him. The buyer is informed about the number of the letter or package and can check the expected delivery date.
- After the payment is posted, the External Payment Channel sends an e-mail to the Buyer informing that the payment has been recorded.
- The goods are shipped after the payment is credited to the date indicated on the product page and the e-mail confirming the acceptance of the order for execution. In the case of purchases of more than one product, the binding date is considered to be the longest date for one of the products. The Seller allows the shipment of products separately, at the request of the Buyer. In this case, however, the Buyer bears the cost of delivery, in accordance with the choice made by him.
- The Seller does not plan to combine two or more orders into one shipment.
- In special cases – e.g. lack of goods, force majeure – the Seller reserves the right to refuse the order and inform the Buyer there of. If the funds were paid prior to the acceptance of the order, and the situation referred to in the previous sentencje occurs, the funds that were paid are reimbursed.
§7. Complaints and returns
- If the productis not conforming to the Agreement, the Buyer May make complaint about a defective product.
- Complaints should be submitted electronically to the address email@example.com or by post to the correspondence address provided in these Regulations, with the note “Complaint”. In the application, please indicate:
- order number;
- as precise as possibile description of irregularities (including, where possible, the time, place and circumstances of the defect);
- indication, if any, of how the complaint should be handled (exchange of the product for a new one/refund);
- if the complaint concerns the purchased goods, the claimed goods should be attached;
- if the complaint concerns an error on the accounting document, please give the reference number and contact only via e-mail.
The Seller, within 14 days as from the date of receipt of the complaint from the Buyer, shall handle the complaint and shall give reply informing about acceptance or refusal to accept the complaint, submitting that reply by e-mail, unless the Buyer asked for the reply to be sent by post.
If the complaint is accepted, the Seller shall Bear costs of transportation of the product beingc omplained about, up to the Mount equivalent to the cheapest means of transportation on the offerunderwhich the sale was made.
§8. Withdrawal from the Agreement
- All products offered in the Store are delivered in sealed containers.
- The Buyer who is a Consumer may withdraw from the Agreement within 14 days from the date of receipt of the goods by the Consumer or a person designated by him. To meet this deadline, it is enough to send the Seller an appropriate statement before the expiry of this deadline. The form containing the declaration of withdrawal should be sent to the Seller by e-mail to the following e-mail address: firstname.lastname@example.org. The consumer may also submit a declaration of withdrawal in writing, including using the withdrawal form template published on the website, and send it by traditional mail along with the returned goods. In such a case, the date of submitting the declaration of withdrawal is the date of posting the recorded item.
- The returned product should be complete and undamaged, and packed in its original packaging. The consumer should return the goods in such quantitative and qualitative composition as received within 14 days from the date of submitting the declaration of withdrawal from the contract. If any documents or manuals or components / accessories are included with the product, please return them. The return should be sent to the Seller’s address indicated in the Regulations as the correspondence address. The consumer covers all direct costs of returning the goods (e.g. packaging, security, shipping costs), and the costs of the means of transport when they are higher than the cheapest means of transport from the offer on the basis of which the sale was carried out; The consumer is obliged to pack the goods in such a way as to avoid damage in transport.
- The reimbursement of the amount paid by the Buyer will be made immediately, not later than within 14 days from the date of receipt of the returned goods and the declaration of withdrawal from the Agreement. If the return of the goods does not take place at the same time as the declaration of withdrawal is submitted, the refund of the amount paid is made within 14 days from the date of the later of these events.
- If the order to be returned was paid for using a gift voucher, the funds shall be refunded only for the gift voucher. If only a part of the returned order was paid for with the voucher, the refund for the voucher takes place to the extent that the Buyer paid for the order with the voucher.
§9. Personal data protection
- The administrator of personal data provided by customers is Lofee Sp. z o.o. based in Tczew.
- The administrator processes the personal data of customers in accordance with applicable law, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons’ data with regard to the processing of personal data and on the free the flow of such data and the repeal of Directive 95/46 / EC and the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended).
§10. Intellectual property
- The Seller owns all copyright to the pictures of the products.
- It is prohibited to use the Store in a manner which violatesr ights of the Seller or other entities.
- Distribution of Any Store elements (descriptions or pictures of products), including in particular the Store logo, without the Seller’s consent is prohibited.
- Lofee sp. z o.o. guarantees the smooth operation of the product for which the warranty has been granted, provided that it is used in accordance with its intended use and the recommendations contained in the manual.
- The warranty period for the product is 12 months.
- Detailed rules concerning the guarantee are specified in the guarantee document published on the website.
§12. Final provisions
- The Buyer is required to use the Buyer’s own personal data.
- The Store may include links to websites owned and operated by third parties. The Seller is not responsible for the availability and quality of these websites.
- The Seller reserves the right to make amendments to the Terms of Service and to the Prices of every product. The Price displayed in the Store order form is binding for the Buyer.
- Every dokument bears date from which its provisions apply and is binding for orders fulfilled during the term of its validity.
- Relevant provisions of the Polish law apply to matters not regulated in the Terms of Service. In the case of an Agreement concluded with a Consumer, also separate provisions relevant for consumer apply, in particular if they pro vide consumers with great er scope of protection than the one provided for in the Polish law or the Terms of Service.
- In the event Any provision of the Terms of Service is amended and/or held invalid due to a final court decision, the remaining provisions shall remain in force.
- The Seller declares its willingness to resolve disputes in anamicable manner. Any disputes between the Seller and the Buyer who is not a Consumer shall be resolved by the court having territorial jurisdiction over the registered office of the Seller.
- Attachments to the Terms of Service are an integral part of the Agreement.
Attachment: Wzór oświadczenia o odstąpieniu od umowy zawartej na odległość