Terms and conditions
Galeria Alina Louka is an online shop available at http://alinalouka.com operated by Alina Louka carrying out business activity under the name of Galeria Alina Louka, entered into the Central Register and Information on Business Activity, with the principal place of business at 78-100 Kolobrzeg Ogrodowa 27a/20 street having tax identification number (NIP): PL621-166-93-70,statistical number(REGON):300536582, e-mail: firstname.lastname@example.org, ,telephone number: +48 500 520 488
The terms used herein shall have the following meaning:
Seller – Alina Louka carrying out business activity under the name of Galeria Alina Louka, entered into the Central Register and Information on Business Activity, with the principal place of business at Kolobrzeg, Ogrodowa 27a/20 street having tax identification number (NIP): PL621-166-93-70
Terms and conditions – this document defining the terms of providing Services by the Online Shop.
Online Shop/Shop – an e-commerce platform available at https://alinalouka.com , offering the sale of Products in Poland and abroad.
Customer – a natural person enjoying full legal capacity, a legal person or an organisational unit without legal personality enjoying legal capacity, using the Online Shop.
Consumer – a Customer being a natural person buying Products from the Online Shop insofar as it is not directly related to his business or professional activity. The term consumer is also understood as a natural person conducting business activity concluding a contract in the Shop directly related to his or her business activity, which, however, does not have a professional character for this Customer, resulting in particular from the subject of his or her business activity, made available on the basis of the regulations on Central Register and Information on Business Activity (applies only to Polish entities).
Products – any material components made available by the Seller in the Shop, which are or may be the subject matter of the contract of sale concluded between the Customer and the Seller.
Form – a form used by the Customer to provide data required for registering and creating an Account in the Shop or make an Order.
Order – a declaration of intent made by the Customer directly purporting to the conclusion of the contract of sale, defining in particular the type and quantity of Products, method of delivery and payment and data provided in the Form.
Account – a technically and organisationally separate part of the Shop website, consisting of an email address and password, that enables the Customer to buy a Product, and containing Customer’s data and order history (orders, invoices). The Customer shall be held responsible for ensuring that any and all information provided while creating an Account was correct, complete and up-to-date.
2. [Technical requirements]
1. In order to use the Online Shops, Customers need to have access to the internet via a device (computer, laptop, ipad, phone and other) with correctly installed web browser. A web browser shall be configured to accept cookies and Java Script. The Customer shall have an email account correctly configured and active.
- Customers may use the Shop by registering and, thus, creating an account which makes it possible to save and store Customer contact details for shipment of products and information on orders placed by the Customer or may use the Shop without creating an Account by filling out the ordering form with data necessary for the conclusion of a sale agreement with Seller. It is not required to create an Account to place an order with the Shop. An Account shall be created and may be used voluntarily and free of charge.
- Services shall be provided on the Account for an indefinite period of time. The Customer shall be entitled to terminate the agreement concluded with Seller for the Account at any time by pressing the “Delete Account” button in the Account Details tab of the Account. The foregoing shall not apply to a situation where Seller is processing the order placed by the Customer. In such case, the agreement shall be terminated upon the fulfillment of the order.
- To create an Account in the Shop, it is necessary to fill out the registration form with the email address and a custom password. The password is required to authorise the access to the Account. The Customer undertakes not to disclose the password to any third parties. Upon creation of the Account an email is sent to the Customer’s address provided in the registration form. Once the registration is confirmed, an agreement for the Account is concluded between the Customer and Seller, whose purpose is the provision of services by Seller under the terms and conditions hereof.
- For a legal person and an organisational unit without legal personality, all their activities in the Shop may be performed only by a person authorised to perform them and to exercise all the rights and obligations of this entity as a Customer.
- If the Customer is a Consumer, the Customer has the right to withdraw from the agreement on creating an Account, without giving reasons therefor, within 14 days of its conclusion, that is of the moment stipulated in the provisions of item 3 of this paragraph. The provisions of § 8 item 1 apply accordingly.
- All prices of the Products given on the Shop’s website are gross prices, including VAT and are expressed in Polish zlotys or in another currency. An invoice is issued for each product sold. The invoice may be delivered electronically to the e-mail address provided by the Customer, unless the Customer clearly indicates that the invoice should be delivered in a traditional form.
In the event of price reduction of goods, shop informs about the lowest price of goods within 30 days before the reduction.
Product prices on the Store’s website also include delivery costs, including delivery costs abroad.
We ship to all European countries (EU and ouside the EU as well as worldwide).
Note! Any extra taxes or duties charged by the customs department in your country is the responsibility of the customer to pay. Please consult your government website, if relevant. Customers are responsible for all customs and duty charges.
- The Customer shall pay the price for the product ordered from the Shop, no later than upon conclusion of the agreement. The Shop offers the following payment options:
online payment – a quick electronic transfer processed by:
- PayPal – PayPal (Europe) S.à.r.l.& Cie, S.C.A. with its registered office in Luxembourg L-2449, 22-24 Boulevard;
- com – Stripe(Europe) Lower Grand Canal Street, Dublin 2, Ireland.
2. For local transactions (Poland), it is possible to make a payment by transferring it to the Seller’s bank account after contacting the Seller by e-mail. In this case the Seller reserves the Product for the time of payment. The order shall be processed only after the price including shipment costs is credited to the Seller’s bank account given in e-mail.
- The bank transfer referred to in item 4 shall be made within 5 business days from the receiving a confirmation a Product reservation and providing the bank account number from the Seller. In the absence of payment within 5 business days from receiving the confirmation from the Seller, the Order shall be cancelled.
5. [Placing and accepting orders ]
- Information presented on the Shop’s web pages is not an offer as defined in the Civil Code. By placing an Order using mechanisms available on the Shop’s web page, the Customer makes an offer to buy a certain Product under the terms and conditions presented in the Product description.
- In case of Products made on an individual request of the Customer, all details of the sales contract in the Shop, including the date of completion and delivery of such a Product will be agreed individually with the Customer by e-mail, with the exception of the relevant provisions of these Terms and Conditions concerning the dates of completion and delivery.
- To place an Order with the Shop and conclude a sale agreement with Seller the Customer shall add a Product to the cart i.e. a feature made available to each Customer using the Shop, which allows him to buy one or several Products, display their prices individually and in total.
- The Customer by going to the Cart summary may return to selecting other Products or go to checkout by clicking on “Go to checkout”.
- The Customer having an Account shall confirm data necessary to fulfill an order, saved on his Account. The Customer not having an Account shall fill out the ordering form with data necessary to conclude a sale agreement.
- In the next step the Customer shall choose one of the payment options. To conclude a sale agreement the Customer shall read the terms and conditions hereof and accept them by selecting a relevant checkbox.
- To send an Order and place it with the Shop after performing the above activities, the Customer shall click Buy and pay. When ordering, until clicking “Buy and pay”, the Customer may change the amount of products in the Cart by adding them to or deleting them from the Cart.
- The sale agreement shall be concluded upon the confirmation of accepting the Order for processing by Seller. The confirmation of accepting the Order for processing is an email sent to the address provided by the Customer. The sale agreement concluded between the Customer and Seller for a particular Product shall be limited to the time of processing the Order. The place of performance for the sale of Product shall be the shipping address provided by the Customer.
- The Product shall be delivered by specialised courier services all over Poland and outside Poland.
- The time to receive ordered products shall each time include the time needed to process the order and make a delivery. Products available on the Shop’s web pages shall be shipped to the Customer within 5-7 business days from the conclusion of the sale agreement with Seller. The time of order fulfillment referred to in the previous sentence shall include the time of delivery by a courier service.
- The deadlines for delivery of Products on request are agreed separately with the Seller.
- The Seller points out that the Client may check the consignment, open it and check the completeness of the order in the presence of the courier. In the event of any irregularities, the Seller advises preparing a loss report.
7 [Complaints, Warranty]
- The Customer shall be entitled to lodge a complaint about the Shop operations (including Account operations) within 14 days from the date when defects or breaks in the Shop operations occurred. The complaint shall be lodged by electronic means by sending a message using a form available under “Contact” or via e-mail: email@example.com In the complaint the Customer shall provide: his first and last name or business name, address for correspondence, and date when the reasons for the complaint occurred. The complaint shall be considered by the Shop within 14 days from the date of its delivery. The Customer shall be informed about the success or otherwise of the complaint consideration without delay.
- Seller shall be held liable for product defects under applicable laws. In the case not being consumer sale, the provisions on warranty defined in the Civil Code shall be excluded.
- Warranty claims can be made by sending an email to firstname.lastname@example.org or by writing to the following address: Ogrodowa street 27a/20 78-100 Kołobrzeg, at the cost of Seller.
- The Customer shall be entitled to demand a reduction in price or withdraw from the agreement unless Seller replaces the defective product with the one free from defects or remedy the defect. This restriction shall not apply if the product has already been replaced or repaired by Seller, or if Seller has failed to replace the product with the one free from defects or failed to remedy the defect.
- Seller shall consider a warranty claim within 14 days from its receipt in the correct form. If Seller fails to reply to the Customer requests within 14 days, they shall be deemed well-founded. In each of the above cases, if the execution of the Customer request results in the delivery of a new or repaired product, the shipping costs shall be incurred by Seller. To return a product, the Customer shall provide its price in the packing list under “declared value” (or similar). This amount shall be a declared value of insurance.
- Pursuant to applicable laws, a consumer shall be entitled to return an ordered Product for any reason within 14 days from its receipt, subject to the fact that it shall be impossible to return products and services whose acquisition cannot be withdrawn from under applicable laws. The principles applicable to the withdrawal from the agreement, including a sample agreement withdrawal form which can be used by the Customer, as well as the cases in which it is impossible to withdraw from the agreement are specified in the notice enclosed hereto as Appendix no. 1. The provisions of this Section shall apply accordingly to the withdrawal from the agreement for the Account referred to in § 3 hereof.
- The Consumer shall return the Product to the Seller or to a third party authorised by the Seller without delay, no later than within 14 calendar days from the day when the Consumer withdrew from the contract unless the Seller offers to collect the Product on its own. In order for the term to be effective, the Product shall be shipped before its expiry. The Consumer may return the Product to the following address: Galeria Alina Louka, Ogrodowa street 27a/20 78-100 Kolobrzeg, Poland.
3.In the case of returning the goods, the shop collects the goods from the customer at its own expense.
9 [Personal data]
- The Customer shall be informed by the Seller about purposes, scope and legal basis for the processing of personal data in the Shop and about any rights enjoyed by the Customer before the provision of such data.
10 [Forbidden contents]
- As part of the use of the Online Shop and its Services, the Customer must not provide contents of illegal nature, including vulgar contents and contents infringing personality rights of the Shop, its business partners or third parties. The Customer shall refrain from interfering with the Online Shop’s content and taking any actions which could affect the correct operations of the Online Shop.
- The Customer shall be entitled to use the Online Shop as intended.
11 [Final provisions]
- Seller may amend the terms and conditions hereof and present a new offer of services provided in the Shop. Such amendment shall take effect within the time limit laid down by Seller, which cannot be shorter than 14 days from the publication of the amended Terms and Conditions on the Shop’s web page, subject to the fact that the orders started before the effective date shall be processed under the previous terms and conditions.
- Upon the first login to the Account from the amendments taking effect, the Customer shall be informed about them and about the possibility to accept them. The refusal to accept such amendments shall result in the termination of the agreement with Seller.
- In matters not regulated herein Polish laws shall apply.
- Any disputes arising out of the services provided by Seller in the Shop shall be resolved by common courts of law. A Customer being a consumer shall have the possibility of having recourse to an out-of-court complaint and redress mechanism made available by the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspectorate in Warsaw. More information on obtaining access to the above dispute resolution mechanism and procedures is available at uokik.gov.pl.
- Both pictures and descriptions of Products as well as other materials available on the Shop’s website constitute intellectual property of the Seller or holders of copyrights for works. Using such materials without a consent of the Seller or holders of copyrights may constitute a breach of copyrights.
APPENDIX NO. 1
You are entitled to withdraw from the agreement for any reason within 14 days from the receipt of the product. In such case, you will be refunded all the payments made to us.
To return the product, inform us about your decision by filling out the Agreement Withdrawal Form. If you wish to withdraw from the agreement, you need to return the product at our cost. You can use the sample form provided below.
Please return the product to the following address: Ogrodowa street 27a/20, 78-100 Kołobrzeg, Poland.
The right to withdraw from the agreement does not apply to agreements:
- for services provided in full with your express consent;
- where the product price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur before the expiry of the withdrawal period;
- for nonprefabricated goods made to your specifications or serving your individual needs;
- for goods which are liable to deteriorate or expire rapidly;
- for sealed goods which are not suitable for return due to health protection or hygiene reasons, and were unsealed after delivery;
- for goods by nature inseparably mixed with other items after delivery;
- for alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by us;
- for sealed audio or video recordings or computer software which have been unsealed after delivery;
- where the supply of digital content which is not supplied on a tangible medium has begun with your prior express consent before the expiry of the time limit to withdraw from the agreement.
AGREEMENT WITHDRAWAL FORM
(this form shall be filled out and returned only if you wish to withdraw from the agreement)
Galeria Alina Louka
Ogrodowa street 27a/20, 78-100 Kolobrzeg, Poland
I, ……………………………………………………, hereby inform you about my intention to withdraw from the agreement for the sale of ……………………………………………………, order no. ……………………………………………………
This agreement was concluded on ……………………………………………………, while products were received on ……………………………………………………
First and last name: ……………………………………………………