Terms & Conditions
1. The www.lowlander.eu store operates on the terms set out in these Regulations.
2. The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.lowlander.eu Store, the rules for providing these services, the conditions for concluding and terminating contracts for the provision of electronic services.
3. Each Service Recipient, upon taking steps to use the Electronic Services of the www.lowlander.eu Store, is obliged to comply with the provisions of these Regulations.
4. In matters not covered by these Regulations, the following provisions shall apply:
1. the Act on the provision of electronic services of July 18, 2002,
2. the Act on Consumer Rights of May 30, 2014,
3. the Act on out-of-court resolution of consumer disputes of September 23, 2016,
4. the Civil Code of April 23, 1964 and other relevant provisions of Polish law.
DEFINITIONS CONTAINED IN THE REGULATIONS
1. ORDER FORM – a form available on the website www.lowlander.eu enabling the submission of an Order.
2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER – a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
4. ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
5. PRODUCT – a movable item available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
6. REGULATIONS – these Regulations of the Store.
7. STORE – The Service Provider’s online store operating at www.lowlander.eu
8. SELLER, SERVICE PROVIDER -Szymon Miluski LOWLANDER
10. SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
11. ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
12. PRICE – the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
PRODUCT AND ORDERING INFORMATION
1. The www.lowlander.eu store sells Products via the Internet.
2. The products offered in the Store are new, in accordance with the contract and have been legally introduced to the Polish market.
3. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.
4. The price of the Product shown on the Store’s website is given in EURO and includes all components. The price does not include delivery costs.
5. Orders can be placed via the website using the Order Form – 24 hours a day throughout the year.
6. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
CONCLUSION OF THE SALES AGREEMENT
1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail.
4. Confirmation of receipt of the Order includes:
1. confirmation of all essential elements of the Order,
2. withdrawal form,
3. these Regulations containing information on the right to withdraw from the contract.
5. Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.
1. The Seller provides the following payment methods:
1. payment by traditional transfer to the Seller’s bank account,
2. payment via an electronic payment system.
3. In the case of payment via an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or a quick transfer from selected Polish banks.
4. The Customer is obliged to pay the price under the Sales Agreement within 14 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. The product will be sent only after it has been paid for.
COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT
1. The Product delivery costs, which are covered by the Customer, are determined during the Order placement process.
2. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:
1. the time for completing the Products is 1 business days,
2. Delivery of the Products constituting movable items by the carrier takes place within the period declared by him, i.e. up to 5 working days from the moment of sending the shipment (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).
3. Products purchased in the Store are sent via Poczta Polska or a courier company.
1. Complaint for non-compliance of the Product with the contract.
1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer due to the lack of conformity of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014,
2. The basis and scope of the Seller’s liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of April 23, 1964,
3. The Seller is liable to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on its behalf is longer,
4. Notification of the non-compliance of the Product with the contract and the relevant request can be made via e-mail to the following address: email@example.com or in writing to the following address: Szymon Miluski LOWLANDER, Bodzanów 72, 48-340 Głuchołazy
5. The above message in written or electronic form should contain as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller,
6. for the assessment of irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
7. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint,
8. in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its consideration,
9. in connection with a justified complaint of a Customer who is a Consumer, the Seller shall:
a. covers the costs of repair or replacement and re-delivery of the Product to the Customer,
b. reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in accordance with the contract to the goods that are not in accordance with the contract) and returns the value of the reduced price to the Consumer within 14 days of receiving the statement of price reduction from the Consumer at the latest,
c. in the event of withdrawal from the contract by the Consumer – the Seller returns the price of the Product to him at the latest within 14 days from the date of receipt of the returned goods or proof of sending them back. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense,
10. The response to the complaint is provided on paper or another durable medium, e.g. an e-mail.
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. Subject to point 10 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer is obliged to return the Product to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless The seller offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address:
Lowlander, Bodzanów 72, 48-340 Głuchołazy, POLAND
4. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the method and date of exercising the right of withdrawal from the contract and did not provide him with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle and check the Products only in the same way as he could do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve at no cost. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse him for the additional costs incurred by him.
7. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or provides proof of its return, depending on which event occurs first.
8. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer may withdraw from the contract is counted for the contract under which the Seller issues the Product being obliged to transfer its ownership – from the date on which the Consumer (or a third party indicated by him other than the carrier) took over the Product in possession.
10. The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Agreement, among others, in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs.
11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the contract to fulfill its obligation within a strictly specified period.
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of the Electronic Service through the Store, which is the conclusion of Product Sales Agreements.
2. The provision of Electronic Services to Service Users in the Store takes place under the conditions set out in the Regulations.
3. The Service Provider has the right to place advertising content on the Store’s website. This content is an integral part of the Store and the materials presented in it.
CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
2. The contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period of time and terminates upon placing the Order or ceasing to place it by the Service Recipient.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
1. a computer (or mobile device) with Internet access,
2. access to e-mail,
3. web browser,
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and morality, bearing in mind respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
1. The Service Recipient is prohibited from providing unlawful content.
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: firstname.lastname@example.org
2. In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider.
3. Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
4. The Service Provider’s response regarding the complaint is sent to the Customer’s e-mail address provided in the complaint or in another way provided by the Customer.
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from the Sales Agreements between the Store and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.