E-STORE TERMS OF SERVICE
The terms used in these Terms of Service shall have the following meanings:
1. Commercial Information – commercial information within the meaning of art. 2 item 2) of the Act on the provision of electronic services, in particular: advertisements, commercial offer and information about news, promotions and other events concerning the Store.
2. The Client – a natural person, a legal person or an organizational unit not being a legal person, awarded with legal capacity under special regulations, placing an Order in the Store.
3. The Civil Code – the Act of 23 April 1964 (Dz.U. No. 16, item 93, as amended).
5. E-store, Store – e-store available at the following address: www.linenwell.com, in which the Client may purchase specific Goods and Services.
6. Goods – products presented in the Store, intended for sale.
7. Service – services presented in the Store, intended for sale.
8. Agreement of Sale – an agreement of sale of Goods or Services, concluded between the Store Owner and the Client via the Store’s e-service.
9. The Act on consumer’s rights – the Act of 30 May 2014 on consumer’s rights (Dz.U. of 2014, item 827, as amended)
10. The Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Dz.U. No. 144, item 1204, as amended)
11. Store Owner – Justyna Cisek, conducting a single-member business activity under the name D.A.G. Justyna Cisek, with registered seat in Poland, in Borówiec, at the following address: ul. Karmelowa 3, 62-023 Borówiec, Poland, EU Vat ID: PL9570779485.
12. Order – an action taken by the Client, consisting in selecting specific Goods or Services in the Store, directly aiming at concluding an Agreement of Sale with the Store Owner with regard to the said Goods or Services, on the terms stipulated herein.
II. GENERAL PROVISIONS
1. The e-Store available at www.linenwell.com is operated by the Store Owner.
2. Information about Goods or Services presented on the Store’s website, in particular descriptions, technical parameters and characteristics, does not constitute an offer within the meaning of the Civil Code, and is only meant as an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code.
3. The principles of using the e-Store and the terms of making purchases in the e-Store, have been set out in these Terms of Service.
4. These Terms of Service define, among others:
a) the terms and conditions as well as the principles of placing Orders in the Store,
b) the principles of concluding Agreements of Sale concerning specific Goods or Services, and
c) the complaints procedure and the procedure of withdrawal from the Agreement of Sale.
5. The use the Store requires becoming acquainted with these Terms of Service and accepting the same. By accepting these Terms of Service, the Client consents to all its provisions and undertakes to observe the same.
6. Store Owner provides these Terms of Service free of charge to the Client before the first use of the e-Store. The contents of these Terms of Service may be fixed by the Client by printing, saving on a carrier or downloading from the Store’s website at any time.
III. TECHNICAL CONDITIONS OF SERVICE USE
1. The Client may use the e-Store provided the following technical requirements are met by the Client:
1.1. the Client has a device, which enables access to the Internet, equipped in an efficient operating system, e.g. Linux or Windows,
1.2. the Client has installed, on the device referred to in item 1.1. above, the newest, up-to-date version of a web browser ensuring access to Internet resources, such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or another compatible browser accepting cookies, and
1.3 the Client has an active e-mail account.
IV. PLACING AND EXECUTING ORDERS
1. To order Goods or Services from the Store, is it necessary to visit: www.linenwell.com, and next select Goods or Services, taking subsequent steps, in conformity with the messages displayed on the Store’s website.
2. The Client’s choice of ordered Goods or Services (including their type and number) is made by adding particular Goods or Services to the basket.
3. To place an Order is it necessary for the Client to provide the following data:
a) full name (and in case of a Client being an entrepreneur –full name of the person placing an Order on its behalf),
b) address of delivery (i.e. street address, house number, flat number, town, postal code, country),
c) telephone number,
d) e-mail address,
e) as well as accept these Terms of Service by checking a box reading: “I have read and I accept the store’s terms of service”, and next send an Order by clicking on the “buy and pay” icon.
4. In the process of placing an Order, the Client shall also chose the form of payment for ordered Goods or Services.
5. During Order placement – until the time of clicking on the “buy and pay” icon – the Client may modify its personal data and data concerning selected Goods or Services, both with respect to the type and the number (quantity), as well as the form of payment and the place and method of delivery.
6. By clicking on the “buy and pay” icon, the Client is aware that concluding of an agreement involves an obligation to pay the amount payable to the Store Owner.
7. Once the Client will have given all data necessary to place an Order, Order summary will be displayed.
8. Order summary shall contain, among others, the following information:
a) The object of the Agreement of Sale
b) The unit price and the total price for ordered Goods or Services
c) Cost of delivery,
d) Selected method of payment.
9. The Client’s sending of an Order constitutes the Client’s declaration of will to conclude an Agreement of Sale with the Store Owner, in conformity with these Terms of Service.
10. Following Order placement, an e-mail message will be sent to the Client, containing a final confirmation of all material Order elements.
11. An Agreement of Sale is treated as concluded at the time the Client receives a message referred to in section 8 above. An Agreement of Sale is concluded in the Polish language, in the wording compliant with the Terms of Service.
12. At the time of placing an Order for specific Goods or Services, the Client may register in the Store, as a result of which an individual account will be created for a given Client, accessible with a login (the Client’s e-mail address) and a password set by the Client (hereinafter referred to as the “Account”). Registration in the Store is not required to buy in the Store.
13. It is possible to create an Account by filling out all obligatory lines on a registration form available on the Store’s website by the Client.
14. A prerequisite to create an Account is for the Client to accept these Terms of Service by checking a box reading: “I have read and I accept the store’s terms of service”, located under the registration form referred to in section 11 above.
15. The Client, who registered in the Store, at the time of the next purchase, may use his/her Account. On the Account, the Client may, among others, track the status of current Orders, check details of previous Orders, manage newsletter settings, and manage his/her Account data, among others, delivery addresses, and change his/her password.
16. The Client shall not share the password to the Account with third parties.
17. Store Owner may remove the Client’s account or deprive the Client of the right to place Orders, with immediate effect, in case of a material breach of these Terms of Service by the Client, in particular in the event that the Client, during registration in the e-Store or placing an Order, has given false or inaccurate data or data in breach of third party rights, used the e-Store against the law applicable on the territory of the Republic of Poland, provisions of these Terms of Service, or general principles of using the Internet, used the e-Store in a manner causing nuisance to other Clients and for the Store Owner, provided Goods or Services to third parties.
18. Order will be delivered after the concluding of an Agreement and crediting the payment on Store Owner’s account. The Client shall cover the full costs of delivery.
V. PRICES OF GOODS AND FORMS OF PAYMENT
1. The prices of Goods and Services presented on the Store’s website are gross prices and contain VAT tax and all other elements, such as e.g. customs fees.
2. Store Owner reserves a right to change the prices of Goods and Services presented on the Store’s website, withdraw and introduce new Goods or Services, conduct and call off all types of promotional campaigns and sale. The above right shall have no influence on Orders placed prior to the date any of the changes referred to above became effective.
3. The Client may select the following forms of payment for ordered Goods:
a) by way of a bank transfer – payable directly to Store Owner’s account; please provide the Order number on the transfer in the line “payment for”. Ordered Goods will be shipped after the receipt of the transfer;
b) by electronic transfer – payable directly to Store Owner’s account via PayPal system. Ordered Goods will be shipped after the receipt of the transfer.
4. By effecting payment for Goods or Services, the Client may use discount or promotional coupons to which he/she is entitled.
5. An invoice in electronic version is issued for every Order, unless in the line: Comments to the Order, the Client writes that he/she wants to receive a paper version of the invoice.
VI. COSTS OF DELIVERY AND DELIVERY DATE
1. Delivery of Goods is limited to the territory of the European Union and is executed via DPD.
2. The Client is informed about the costs of delivery before he/she sends its Order.
VII. COMPLAINTS CONCERNING GOODS
1. All Goods available in the Store are original and brand new.
2. Store Owner shall be responsible towards the Client, being a consumer within the meaning of art. 221 of the Civil Code, for non-compliance of Goods or Services purchased by the Client with the Agreement of Sale, within the scope set out in Act on special terms and conditions of consumer sale.
3. Complaints arising from a breach of the Client’s rights guaranteed by law, or on the basis of these Terms of Service, shall be submitted to the Store Owner to the following e-mail address: firstname.lastname@example.org.
4. To submit a complaint it is required to provide: full name, e-mail address, Order number, and describe the cause of filed complaint.
5. The Store undertakes to consider every complaint within 14 (fourteen) days of the date of submission.
VIII. COMPLAINTS CONCERNING STORE SERVICE FUNCTIONING
1. Store Owner takes measures to ensure fully correct e-Store service operation and undertakes to continuously remove any and all irregularities in its functioning reported by the Clients.
2. The Client may inform the Store Owner about all irregularities and interruptions in the Store service functioning by sending relevant notification to the following e-mail address: email@example.com.
3. In the e-mail message referred to in section 2 above, the Client shall state his/her full name, address for service of correspondence (including an e-mail address), and the type and the date of occurrence of irregularities connected with Store service functioning.
4. Store Owner undertakes to consider the complaint within 14 (fourteen) days of the date receipt.
1. In conformity with the Act of 30 May 2014 on consumer rights, the Client being a consumer within the meaning of art. 221 of the Civil Code may withdraw from an Agreement of Sale without a need to state the cause, within 14 (fourteen) days of the date of receipt of Goods, or, in case of acquisition of a Service – within 14 (fourteen) days of the date of concluding the Agreement of Sale, by sending a relevant declaration, in writing, to the address of Store Owner’s seat, i.e.: ul. Karmelowa 3, 62-023 Borówiec, Poland or to the e-mail address: firstname.lastname@example.org. The Client has a right to use the form of withdrawal from agreement, which forms exhibit no. 2 to the Act on consumer rights.
2. In the event that the Client withdraws from the Agreement by electronic mail, Store Owner shall promptly acknowledge receipt of information on withdrawal from the agreement via electronic mail.
4. In the event of withdrawal from the Agreement of Sale, such agreement shall be deemed unmade, and the parties shall return to one another whatever they mutually provided on its basis.
5. Goods are returned in unaltered condition, unless a change was necessary in the ordinary course of dealings. Goods shall be returned promptly, not later than within 14 (fourteen) days of the date of withdrawal from the Agreement of Sale by the Client being a consumer within the meaning of art. 221 of the Civil Code. Returned Goods shall be sent to the following address:
D.A.G. Justyna Cisek, ul. Karmelowa 3, 62-023 Borówiec, Poland.
6. Returned Goods shall be packed so as to avoid damage of the consignment during transport.
7. Store Owner shall promptly reimburse the value of the Order including the costs of delivery, however not later than within 14 (fourteen) days of the date of withdrawal of a Client being a consumer within the meaning of art. 221 of the Civil Code from the Agreement of Sale.
8. Store Owner has a right to suspend the reimbursement of the value of the Order including the costs of delivery until the time the Goods are returned to it or until evidence is provided the Goods have been sent back, whichever occurs earlier.
9. The costs of returning Goods to the Store Owner and the costs of packing Goods shall be borne by the Client.
1. When using the Store, the Client shall in particular:
a) abstain from supplying and sharing content prohibited by law, including, but not limited to: offensive or vulgar content, inciting violence or other lawless or immoral actions, or actions in breach of personality rights and other third party rights,
b) use the Store in a manner conformant with its intended purpose and not interfering its functioning, and without inconvenience for remaining Clients of the Store,
c) abstain from using the Store to send or place unsolicited Commercial Communication (spam) in the Store,
d) use all contents placed on the Store’s website exclusively for its personal use,
e) use the Store in conformity with the Terms of Service, applicable regulations and general principles of using the Internet.
XI. PERSONAL DATA PROTECTION
1. Store owner, as personal data controller, undertakes to take all necessary technical and organizational measures, corresponding to the degree of risk, to ensure safety of all data and contents communicated by the Client in connection with its use of the e-Store.
2. Clients’ personal data are processed in conformity with the Act of 29 August 1997 on personal data protection. The Client, who registered in the Store, has a right to inspect his/her data, to correct the same and demand that their use be discontinued. Data may be inspected and changed after logging in to the Store, on the individual account of a given Client or by contacting the Store Owner at the following e-mail address: email@example.com.
XII. FINAL PROVISIONS
1. Pictures and all other materials (including texts, pictures, graphics, logotypes) placed on the Store’s website are the property of the Store Owner or have been used by it with a permission of their owners. Their use for commercial purposes without a consent of the Owner is illegal and prohibited in conformity with the Act of 4 February 1994 on copyright and related rights (Dz.U.2006, No 90, item 631).
2. Any disputes between the Store Owner and the Client, who is a consumer within the meaning of art. 221 of the Civil Code, shall be settled by competent courts in conformity with applicable regulations of the Code of Civil Procedure.
3. Any disputes between the Store Owner and the Client, who is not a consumer within the meaning of art. 221 of the Civil Code, shall be settled by a court competent for the seat of the Store Owner.
4. For matters not provided for herein provisions of the Polish Law shall apply accordingly.