Terms and Conditions
Online Store Terms and Conditions
Galeria Łucznik
last updated August 2, 2017
1 Definitions: Terms used in the terms and conditions
1 Customer- a natural person, legal entity or organizational unit whose special provisions confer on the legal capacity of who makes the Purchase Order within the Store;
2 Consumer- according to Art.22 [1] of the Civil Code indicates a natural person performing a legal transaction with a trader not directly related to his business or profession;
3 Civil Code- Law of April 23, 1964 (text of March 2, 2017, Journal of Laws, No. 459);
4 Terms and Conditions- these Terms and Conditions indicate services provided by electronic means within the Galeria Lucznik online store;
5 Online Store (Store)- an internet service available at www.galerialucznik.pl, through which the Customer may place particular orders;
6 Goods- products presented in the internet shop;
7 Sales Agreement- a contract for the sale of Goods, as interpreted within the meaning of the Civil Code, reached between the store operator and Customer, concluded with using the services of the Online Store;
8 Consumer Rights Act- Act of May 30, 2014 on consumer rights (text of March 30, 2017, Journal of Laws, No. 683);
9 Act on the Provision of Electronic Services- Act of July 18, 2002 on the provision of services by electronic means (text of June 24, 2017, Journal of Laws, No. 1219);
10 Order- statement of the will of the Customer, leading to the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.
2 General Terms
1 These Terms and Conditions define the rules of using the online store available at: www.galerialucznik.pl and elements relating to the conclusion distance sales, withdraws and the consequences of the withdrawals.
2 These Terms and Conditions are the terms and conditions referred to in Art. 8 of the Act on the Provision of Electronic Services, which does not violate the provisions of the Consumer Rights Act.
3 Online Store, operating at: www.galerialucznik.pl is run by M&M Sp. z.o.o. based in Wroclaw at ul. Macieja Miechowity 1, 51-162 Wroclaw, entered in the Register of Entrepreneurs of the National Court Register in the District Court for Wroclaw-Fabryczna, VI Commercial Division of the National Court Register, under the number KRS 0000403267, having tax identification number NIP 894-303-64-06, REGON: 021773289, with the share capital of 50,000.00 PLN, email: sklep@galerialucznik.pl, tel. +48 213273138, hereinafter referred to as the Operator or the Store Operator.
4 These Terms and Conditions specify in particular:
1 Rules of registration and use of the account within the online store;
2 The terms and conditions for electronic reservation of products available through the online store;
3 The terms and conditions for electronic submission of Orders within the capacity of the online store;
4 Rules for concluding Sales Agreements with accordance of use of services provided within the Online Store.
5 Use of the Online Store is subject to the conditions that the IT system used by the Customer meets the following minimum technical requirements:
1 Internet Explorer version 11 or later with enabled Javascript and accepting “cookies”, or
2 Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or later with enabled Javascript, accepting “cookies”,
3 Minimum screen resolution of 640 x 480 pixels,
4 and internet connection with a bandwidth of at least 256 kbytes/s.
6 In order to use the Online Store, the Customer should have access to a computer terminal or internet access terminal.
7 Under the applicable laws, the Store Operator reserves the right to restrict the provision of services through the Online Shop to persons over the age of 18 years. In this case, potential customers will be notified of the above.
8 Customers can access these Terms and Conditions at any time using the link on the main page of www.galerialucznik.pl and downloading the file.
3 Terms of Use of the Online Store
1 The condition to begin using the Online Store is to register within the system. The Customer is not charged any fees in association with registration.
2 Registration is made by completing and accepting the registration form, available on one of the Store pages.
3 Registration requires the agreement to the content of the Terms and Conditions, to familiarize with the content of the Terms and Conditions and to provide personal information marked as mandatory.
4 A necessary condition for the registration referred to in the above paragraphs is the consent of the Customer to receive the commercial information referred to in Art. 2 Section 2 of the Act on the provision of services by electronic means. This consent can be cancelled at any time.
5 The Store Operator may deprive the Customer of the right to use the Online Store and may restrict access to part or all of the Online Store’s resources, with immediate effect, in the event of a violation by the Customer of the Terms and Conditions, and in particular:
1 When registering on the Online Store, you have provided inaccurate or outdated information that is misleading or infringes on the rights of third parties,
2 have committed through the Online Store infringement of personal rights of third parties, in particular the personal rights of other customers of the Online Store,
3 other behaviors that will be recognized by the Store Operator as behavior that is inconsistent with the applicable laws or general internet usage rules, or that compromises the good name of the store operator or its partners.
6 A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of the Store Operator.
7 In order to ensure the safety of the transmission of messages and data in connection with the services provided within the site, the Online Store shall take technical and organizational measures appropriate to the security risk of the services provided, in particular measures to prevent the unauthorized acquisition or modification of personal data transmitted on the internet.
8 The Customer is obliged in particular to:
1 failure to provide and transmit content prohibited by law, such as content promoting violence, defamatory or infringing personal and other rights of third parties,
2 to use the Online Store in a way that does not interfere with its operation, in particular by using specific software or hardware,
3 to not take actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
4 use of the Online Store in a way that does not inconvenience other customers and the Store Operator,
5 use of any content container within the Online Store only for your personal use,
6 use of the Online Store in a manner consistent with the law of the Republic of Poland, the provision of the Terms and Conditions, as well as the general rules of using the internet.
4 Procedure for concluding the Sale Agreement
1 Information about the Goods on the website of the Online Store, in particular their descriptions, technical and utility parameters and prices, is a call for a contract within the meaning of Art. 71 of the Civil Code.
2 In order to conclude the Sales Agreement via the Online Store, please go to the website: www.galerialucznik.pl selected the goods in the Customer’s preferred variant (color and/ or size), taking further technical steps based on displayed messages and available information on the page.
3 The Operator does not charge the Customer any costs for using the website to conclude the contract.
4 The selection of Goods ordered by the Customer is made by adding them to the cart.
5 When submitting your Order, until you press “eg. I order with obligation of payment or other equivalent informing about the obligation to pay”, the customer has the possibility to modify the entered data and selected goods. For this purpose you should follow the displayed messages and information available on the site.
6 Once the Customer provides all the necessary information in the Online Store, a Summary of the Order is displayed. The summary of your Order will include information on:
1 item ordered,
2 item price and total price of ordered products or services including delivery and additional costs (if any),
3 chosen payment method,
4 chosen delivery method,
5 estimated delivery time.
7 In order to send the Order, it is necessary to accept the content and read the Terms and Conditions, give personal information marked as mandatory and press the button “I order with obligation of payment”.
8 Sending the Order by the Customer constitutes a statement of will to conclude a Sale Agreement with the Store Operator in accordance with the Terms and Conditions.
9 Once the Order has been placed and accepted by the Store, the Customer receives an email titled “We have received the Order No. [Customer Order Number]” which contains the final confirmation of all relevant elements of the Order.
10 The agreement is treated as concluded with the moment the Customer receives the email message referred to in paragraph 9 above.
11 The Sales Agreement is concluded in Polish, with the content in accordance with the Terms and Conditions.
12 Customers may access these Terms and Conditions at any time via the link on the main page www.galerialucznik.pl and downloading the file.
13 Aspects of Order data including securing and making available the data is through email. The provision of the Terms and Conditions is made available through the website of the Online Store and by means of email, by the link available in the email referred to in the above paragraph 9, in the message titled “We have received the Order No. [Customer Order Number]”.
5 Delivery or Receipt of Goods
1 The Customer, in accordance with the option chosen, may pick up the Goods in person or order delivery of the Goods.
2 The Customer may collect personally ordered Goods within 7 days from the date of confirmation of order fulfillment by the Shop.
3 Delivery of Goods is restricted to the European Union and is addressed to the address indicated by the Customer during the submission of the Order.
4 Delivery of the ordered goods is done, in accordance with the Customer’s instructions, by courier InPost, by courier GLS, via the network of InPost receiving stations (so called parcels), or registered letter InPost. Delivery costs depend on the selected form of delivery and payment, and will be indicated when the order is placed.
5 Delivery occurs from 1 to 30 working days country from the date of the conclusion of the Sales Agreement.
6 Prices and Methods of Payment
1 Item prices are in Polish Zloty (PLN) and include all components, including VAT.
2 The Customer has the possibility to pay the price:
1 Transfer to bank account number: PL 14 1750 1194 0000 0000 3541 9837,
2 electronic payment using Dotpay, IAI Pay, and any other payment systems that mediate these systems (including electronic payment systems).
3 by paying by credit card through Dotpay and IAI Pay,
4 by cash upon delivery (so-called COD),
5 by card upon personal receipt or parcel pickup if the selected parcel supports payment by card.
7 Right to withdraw from the Sales Agreement
1 Only a Customer being also the Customer concluding the Sales Agreement is entitled to a 30 day cancellation period without giving any reason. The expiration date with expire 30 days after the date on which you came into possession of the item or the third party designated by you, other than the carrier, has entered into possession of the item. The term extended in relation to the statutory marketing procedure.
2 To exercise your right of withdrawal, you must inform us of your decision to waive this agreement by a clear statement (for example, a letter sent by post or email). It should be submitted via the “Your Account” panel on www.galerialucznik.pl, by phone or by email to the telephone number or email address given on the www.galerialucznik.pl homepage, or in writing: dated, signed and attached to the return shipment.
3 You may use the withdrawal form template, however this is not mandatory. You may also complete and submit a withdrawal form or any other express statement electronically on our website www.galerialucznik.pl. If you take advantage of this possibility, we will send you a prompt confirmation of receiving a withdrawal notice on a durable medium (for example, by email). You may also call us on +48 713273138 and inform us of your decision, however, during your call we will ask for your billing information, shipping address and order number in order to verify your identity.
4 To keep the withdrawal deadline, you only need to send information on the exercise of your right of withdrawal prior to the expiration of the withdrawal period. The same is accurate for informing us of your decision by telephone.
5 Cancellation of the Sales Agreement involves the obligation to return the Goods under the methods and conditions described in section 8 below.
8 Consequences of withdrawal from the Sales Agreement
1 In the event of withdrawal from the Sales Agreement, we will refund all payments received from you, including cost of delivery (however excluding additional costs resulting from your choice of delivery other than the cheapest method offered by us), promptly and in any event no later than 14 days from the date we were informed of your decision to exercise your right of withdrawal from this Sales Agreement.
2 We will reimburse you using the same payment methods you used in the original transaction, unless you have explicitly agreed otherwise; in any case, you will not incur any charges in connection with this return.
3 We reserve the right to withhold payment until we receive the item being the subject of this Sales Agreement, which may result in the extension of the time referred to in paragraph 1 above.
4 Please return or forward the item to “Galeria Lucznik”, ul. Macieja Miechowity 1, 51-162 Wroclaw, promptly, and in any event not later than 14 days from the date on which we informed you of withdrawal from this Sales Agreement. The deadline is retained if you send the item before the 14 day deadline expires. You will be responsible for the direct cost of returning the item. We inform you that return parcels sent at our expense to be paid upon delivery will not be accepted.
5 In order to expedite the return procedure, you may indicate on the outside of the package “RETURN OF GOODS”’ however, this is not required. This description must be visible on the packaging that protects the goods in transport, not on the packaging of the goods themselves.
6 The Customer is responsible for the diminution of the value of the property resulting from its use other than as necessary to establish the nature, characteristics and functioning of the item.
9 Complaints regarding Goods
1 It is the responsibility of the Store Operator to deliver the Goods without defects.
2 Company M&M Sp. z.o.o as the seller is liable to the consumer being the Customer within the meaning established in Art. 22 [1] of the Civil Code, in respect of warranty for defects in the scope defined in the Civil Code, in particular Art. 556 and Art. 556 [1]-556 [3] and subsequent Civil Codes.
3 Complaints arising from breach of statutory rights or those pursuant to these Regulations shall be submitted via the form provided by the Shop Operator on www.galerialucznik.pl under “Your Account” or by email to sklep@galerialucznik.pl. The Store Operator undertakes to process any complaint within 14 days. Failure to observe the complaint within the above deadline means that it is automatically justified.
4 The Store Operator is the Distributor of the Goods. Liability under the guarantee of the Goods sold under the Terms and Conditions and for the period indicated in the warranty card shall be borne by the manufacturer. If the warranty document provides such an opportunity, the Customer can claim his/her warranty claims directly at an authorized service center whose address appears on the warranty card. Distributor- This is to be understood as a natural or legal person, or an unincorporated entity that supplies or makes a product available after it entering the market.
10 Complaints regarding the provision of services by electronic means
1 The Store Operator takes steps to ensure the the Online Store is fully operational, to the extent it is based in current technical knowledge, and undertakes the responsibility to remove, within a reasonable time, any irregularities reported by the Customer.
2 The Customer is obliged to immediately notify the Shop Operator of any irregularities or interruptions in the functioning of the Online Store.
3 Irregularities related to the functioning of the Online Store, the Customer may report in writing to: “Gallery Lucznik”, ul. Macieja Miechowity 1, 51-162 Wroclaw, mail to sklep@galerialucznik.pl or using the contact form.
4 In the complaint, the Customer should provide his/her name, mailing address and type and date of occurrence of abnormalities related to the functioning of the Online Store.
5 The Store Operator undertakes to process any complaints within 14 days. Failure to observe the complaint within the above dealdines indicates its justification.
11 Settlement of disputes and final provisions
1 A client, who is a Customer may, if he/she is interested take advantage of out-of-court ways of dealing with claims and redress. Disputes concerning online purchases may be solved by way of mediation proceedings before the Voivodship Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Customer may also use any other means of extrajudicial dispute resolution and, for example, file his complaint through the EU ODR website, available at: http://ec.europa.eu/consumers/odr/
2 In the absence of interest from the Customer for the possibility of using out-of-court dispute resolution, the settlement of possible disputes between M&M Sp. z.o.o. and the Customer will be submitted to the appropriate courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
3 Settlement of possible disputes between M&M Sp. z.o.o and a client who is not simultaneously a Customer will be subject to a court of competent jurisdiction for the registered office of M&M Sp. z.o.o.
4 In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Consumer Rights Act, the Electronic Services Act and other relevant provisions of the Polish law apply.
5 These Terms and Conditions apply from August 2, 2017. Amendments and additions to these regulation apply from the date of their publication on www.galerialucznik.pl, however, the rules of the content valid at the time placing the order apply to orders already submitted.