Article 1. Validity
The general terms and conditions apply to all contracts between Light to Home Online Store and its customers
Article 2. Identity
Identity of the Entrepreneur
These terms and conditions are used by:
“Light to Home” Online Store
Email address: firstname.lastname@example.org
Registration date: January, 20 2021
Article 3. Definitions
- Working days – mean days of the week from Monday to Friday, excluding public holidays.
- Delivery – means a factual act consisting of delivering Goods specified in the order to the Customer by the Seller, through the Supplier.
- Supplier – means a courier company with which the Seller cooperates in the scope of Delivery of the Goods.
- Consumer – means a natural person performing an act in law with the entrepreneur, which is not directly associated with business activity or professional activity of such natural person.
- Entrepreneur – means a natural or legal person who offers products, access to digital content and services to consumers from a distance;
- Online Store – the “Light to Home” website where the Products are offered
- Regulations – mean these regulations.
- Goods – means a product presented by the Entrepreneur via the Lamp to Home Website, which can be the subject of the Sales Agreement.
- Durable medium – means a material or tool that allows the Customer or the Seller to store information addressed personally to it, in a manner that allows access to information in the future for a time appropriate for the intended purposes of such information, and which allows the stored information to be reproduced in unchanged form.
- Sales Agreement – means a sales agreement concluded remotely, on the terms and conditions determined in the Regulations, between the Customer and the Seller.
Article 4. General terms and the use of Online Store
- All rights on the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store’s Website, as well as to patterns, forms, logos posted on the Online Store’s Website (except logos and photos presented on the Online Store’s Website for the purposes of presenting the goods, the copyrights of which belong to third parties) belong to the entrepreneur, while their use can only take place in a manner determined in the Regulations and in accordance with the Regulations, as well as with the Entrepreneur’s consent expressed in written form.
- The Entrepreneur shall make every effort to make the use of the Online Store possible for Internet users with the use of all popular web browsers, operating systems, types of devices and types of Internet connections.
- The Entrepreneur uses the mechanism of “cookies”, which are saved by the entrepreneur’s server on the hard disk of the Consumer’s end device, when Consumers use the Online Store’s Website. The use of “cookies” helps in correct operation of the Store’s Website on the Consumers’ end devices. This mechanism does not destroy the Consumer’s end device and it does not cause any configuration changes in the Consumers’ end devices, nor in the software installed on these devices. Each Consumer may disable the “cookies” mechanism in the browser of its end device. However, the Entrepreneur points out that disabling the “cookies” may result in difficulties or it may prevent the use of the Online Store’s Website.
- In order to place an order in the Online Store through the Online Store’s Website or via e-mail, and in order to use the services available on the Online Store’s Websites, it is necessary for the Consumer to have an active e-mail account.
- It is prohibited for the Consumer to provide illegal contents and to use the Online Store’s Website or free services provided by the entrepreneur in an unlawful manner or in a manner contrary to accepted principles of morality or in a manner violating personal rights of third parties.
- The Entrepreneur declares that the public nature of the Internet network and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers’ data by unauthorized persons, and therefore the Consumers should use the appropriate technical measures, which minimize the above-mentioned risks. Especially, the Consumers should use anti-virus software, as well as software that protects the identity of those using the Internet.
- It is prohibited to use resources and functions of the Online Store for the purpose of conducting business activity by the Consumer, which would violate the interests of the Entrepreneur.
Article 5. Orders
- The information contained on the Online Store’s Website constitutes an invitation for the Consumers to submit offers of concluding the Sales Agreement.
- The Consumer may place orders in the Online Store 7 days a week, 24 hours a day, through the Online Store’s Website or through e-mail.
- While placing an order via the Online Store’s Website, the Consumer completes the order by selecting the Goods, in which the Consumer is interested in. Adding the Product to the order is carried out by selecting the “ADD TO CART” button under the Goods presented on the Online Store’s Website. After completion of the entire order and after selecting the payment method in the “YOUR SHOPPING CART”, the Consumer places an order by sending the order form to the Entrepreneur, by selecting the “Place Order” button on the Online Store’s Website. Each time before sending the order to the Entrepreneur, the Consumer is informed of the total price for the selected Goods and Delivery, as well as all additional costs which the Consumer is obliged to incur in relation to the Sales Agreement.
- In the case of placing an order via e-mail, the Consumer sends it to the e-mail address provided by the Entrepreneur on the Online Store’s Website. In the message sent to the Entrepreneur, the Consumer especially indicates the following: name, article number, color, and quantity of the Goods (from the Goods presented on the Online Store’s Website) and the contact details.
- After receiving a message from the Consumer via e-mail, the Entrepreneur sends the return message to the Consumer via e-mail, providing its registration data, the price of selected Goods, as well as the possible payment methods and Delivery methods, along with their cost, and information concerning all additional payments, which the Consumer would incur from the Sales Agreement. The message also contains information for the Consumer, which points out that the conclusion of the Sales Agreement via e-mail is associated with the obligation to pay for the ordered Goods. Based on the information provided by the Entrepreneur, the Consumer may place an order by sending an e-mail to the Entrepreneur and indicating the selected payment method, as well as Delivery method.
- Placement of the order constitutes admitting an offer by the Consumer to the Entrepreneur to conclude the Sales Agreement for the sale of Goods, which are the subject of the given order.
- After placement of the order, the Entrepreneur sends a confirmation of its placement to the e-mail address provided by the Consumer.
- Subsequently, after confirming the placement of the order, the Entrepreneur sends information about acceptance of the order for implementation to the address provided by the Consumer. Information about the acceptance of the order for implementation is the Entrepreneur’s statement on acceptance of the offer, and the Sales Agreement is concluded upon its receipt by the Consumer.
- After the conclusion of the Sales Agreement, the Entrepreneur confirms to the Consumer its terms, by sending them on a Durable Medium to the email address of the Consumer or in writing to the address indicated by the Consumer during placement of the order.
Article 6. Payments
- Prices provided on the Online Store’s Website, placed by the given Goods, constitute gross prices and they do not contain information on the costs of Delivery and any other costs, which the Consumer will be obliged to pay in connection with the Sales Agreement and about which the Consumer will be informed during the selection of the Delivery method and placement of the order.
- The Consumer may select the following forms of payment for the ordered Goods:
- bank transfer to the Entrepreneur’s bank account (in this case, implementation of the order will be started after the Entrepreneur sends confirmation of the order acceptance to the Consumer and after the funds are credited to the Entrepreneur’s bank account);
Article 7. Delivery
- The Entrepreneur implements Delivery within the territory of Europe.
- The Entrepreneur is obliged to deliver the Goods, which are the subject of the Sales Agreement, without any defects.
- The Entrepreneur posts information on the number of Working Days needed for the Delivery and implementation of the order on the Online Store’s Website.
- The Delivery time and order implementation indicated on the Online Store’s Website are counted in Working Days.
- Ordered Goods are delivered to the Consumer via the Supplier to the address indicated in the order form.
- On the day of sending the Goods to the Consumer, the information confirming sending of the parcel by the Entrepreneur is sent to the Consumer’s email address.
- The Consumer is obliged to examine the delivered parcel within a time and in the manner accepted for parcels of the given type. In case of a loss or damage to the Goods is found, the Consumer has the right to demand from the Supplier’s employee the preparation of appropriate protocol.
- The Entrepreneur sends an e-mail with a receipt or an invoice for the delivered Goods to the Consumer’s e-mail box.
- In case of Consumer absence at the address indicated by the Consumer, which was providing during placement of the order as the Delivery address, the Supplier’s employee will leave a notice or will attempt to contact the Consumer via telephone, in order to determine the date on which the Consumer will be present. In case, when the Supplier sends back the ordered Goods to the Online Store by the Supplier, the Entrepreneur will contact the Consumer via e-mail or via telephone, in order to arrange another date and cost of the Delivery.
Article 8. Warranty
- The Entrepreneur ensures the Delivery of Goods free from physical and legal defects. The Entrepreneur is responsible in regard to the Consumer if the Product has a physical or legal defect (warranty).
- If the product has a defect, then the Consumer may:
- Submit a statement regarding price reduction or withdrawal from the Sales Agreement, unless the Entrepreneur, immediately and without excessive inconvenience for the Consumer, replaces the defective Goods for Goods that are free from defects or removes the defect.
- This limitation does not apply, if the Goods have already been replaced or repaired by the Entrepreneur or if the Entrepreneur has not satisfied the obligation to replace the Goods with Goods that are free from defects or to remove the defects. Instead of the proposed removal of the defect by the Entrepreneur, the Consumer may request a replacement of the Goods with Goods that are free from defects, or instead of the replacement of the Goods, the Consumer may request a repair of the defect, unless it is impossible to make the defective Goods compliant with the agreement in a manner chosen by the Consumer, or unless it would require excessive costs compared to the method proposed by the Entrepreneur. During the assessment of the excess of costs, the value of the Goods free from defects, type and significance of the found defect is considered, as well as the inconvenience to which the Consumer would be exposed in the case of other methods.
- Demand replacement of defective Goods with Goods that are free from defects, or demand removal of the defect. The Entrepreneur is obliged to replace the defective Goods with Goods that are free from defects or remove the defect within a reasonable time and without excessive inconvenience to the Consumer.
- The Entrepreneur may refuse to satisfy the Consumer’s request, if it is impossible to make the defective Goods compliant with the agreement in a manner selected by the Consumer, or if it would require excessive costs compared to the other method of making the defective Goods complaint with the Sales Agreement. Costs of repair or replacement shall be borne by the Entrepreneur.
- The Consumer, who exercises its rights under the warranty, is obliged to deliver the defective Goods to the Entrepreneur’s address. The delivery cost is covered by the Entrepreneur.
- The Entrepreneur is responsible under the warranty if the physical defect is found before the expiration of two years from the issue of the Goods to the Consumer. A claim regarding the removal of a defect or replacement of the Goods with Goods that are free from defects expires after one year, however, this time-limit cannot end before the time-limit specified in the first sentence. Within this time-limit, the Consumer may withdraw from the Sales Agreement or submit a statement regarding price reduction due to a defect of the Goods. If the Consumer requested a replacement of the Goods with Goods that are free from defects or removal of the defect, the time-limit for withdrawal from the Sales Agreement or submitting a statement regarding price reduction starts at the moment of ineffective expiration of time-limit for replacing or removing defect of the Goods.
- Any complaints associated with the Goods or implementation of the Sales Agreement may be addressed by the Consumer in written form to the Entrepreneur’s address.
- Within 14 days from the date of the request containing the complaint, the Entrepreneur must respond to the complaint regarding the Goods or complaint associated with the implementation of the Sales Agreement, submitted by the Consumer.
- The Consumer may submit a complaint to the Entrepreneur in connection with the use of free services that are provided electronically by the Entrepreneur. The complaint may be submitted in electronic form and sent to the following address: email@example.com. In such a complaint, the Consumer should include a description of the problem. The Entrepreneur shall immediately, but no later than within 14 days, consider the complaints and provide the Consumer with a response.
Article 9. Guarantee
- The Goods sold by the Entrepreneur may be covered by a guarantee granted by the Goods’ manufacturer or distributor.
- In case of Goods covered by the guarantee, the information concerning the existence and contents of such guarantee is presented on the Online Store’s Website.
Article 10. Withdrawal from the Sales Agreement
- The Consumer and who has concluded the Sales Agreement may withdraw from it within 90 days without giving any reasons.
- The time-limit for withdrawal from the Sales Agreement is calculated from the moment of transferring possession of the Goods to the Consumer.
- The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Entrepreneur. Such a statement can be made e.g. in writing via e-mail to the Online Store’s e-mail address. The statement can be submitted on a form, the model of which is posted by the Entrepreneur on the Online Store’s Website at the following address: Withdrawal Form. In order to meet the time-limit, it is sufficient to send the statement before the expiration of such time-limit.
- In the case of withdrawal from the Sales Agreement, it is considered void.
- If the Consumer submitted a statement on the withdrawal from the Sales Agreement, before the Entrepreneur accepted Consumer’s offer, the offer ceases to be binding.
- The Entrepreneur is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on the withdrawal from the Sales Agreement, to return all payments made by the Consumer, including the costs of Delivery of the Goods to the Consumer. The Entrepreneur may withhold the return of payments received from the Consumer until Entrepreneur’s receipt of the Goods or until receipt of proof from the Consumer that the Goods have been sent back, depending which event occurs first.
- If the Consumer, who uses the right to withdraw from the agreement, has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, then the Seller is not obliged to return the additional costs incurred by the Consumer.
- The Consumer is obliged to return the Goods to the Entrepreneur immediately, but no later than within 14 days from the day on which the Consumer withdrew from the Sales Agreement. In order to meet this time-limit, it is sufficient to send back the Goods to the registered official address of the Online Store before the time-limit expires.
- In case of withdrawal, the Consumer bears only the direct costs of returning the Goods.
- If, due to their nature, the Goods cannot be returned by post in a normal mode, the Entrepreneur informs the Consumer about the costs of return of the Goods on the Online Store’s Website.
- The Consumer is responsible for decrease in the value of the Goods, resulting from the use of the Goods exceeding what is necessary to establish the nature, features and functioning of the Goods.
- The Entrepreneur must return the payment with the use of the same method of payment, which was used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which is not associated with any additional costs.
Article 11. Protection of personal data
Article 12. Termination of the agreement (it is not applicable to the Sales Agreement)
- The Consumer, as well as the Entrepreneur may terminate the agreement for the provision of electronically supplied services at any time and without giving a reason, subject to the preservation of rights acquired by the other party prior to the termination of the above-mentioned agreement, as well as the below provisions.
- The Entrepreneur terminates the agreement for the provision of electronically supplied services by sending an appropriate declaration of intent to the e-mail address provided by the Consumer during placement of the order.
Article 13. Final Provisions
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Online Store’s Website.
- In case of a dispute resulting from the concluded Sales Agreement, the parties shall strive to resolve the matter amicably.
- The Entrepreneur informs the Consumer, about the possibility of using extrajudicial methods of consideration of the complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to out-of-court resolution of disputes.
- The Entrepreneur informs that there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) available at the following address: http://ec.europa.eu/consumers/odr/.
- The Entrepreneur reserves the right to change these Regulations. All orders accepted by the Entrepreneur for implementation prior to the date of entry into force of the new Regulations are implemented based on the Regulations that were in force on the date of Consumer’s placement of the order. Change to the Regulations comes into force in 7 days from the date of publication on the Online Store’s Website. 7 days before the entry into force of the new Regulations, the Entrepreneur shall inform the Consumer about change in the Regulations through a message sent via electronic means and containing a link to the text of the changed Regulations. If the Consumer does not accept the new contents of the Regulations, then the Consumer is obliged to notify the Entrepreneur about this fact, which results in the termination of the agreement in accordance with the provisions of Article 12 of the Regulations.
These Regulations come into force from 01.03.2021.