RULES OF THE ONLINE STORE LE POLLEN
I. INTRODUCTION
the online store available at www.lepollengoods.com is provided by Polina Kuhai, conducting business as Le Pollen, with its registered office at Kościelna 22, Pruszków (05-800), REGON 528487832, NIP 5213795492. Quick and efficient contact is provided via phone at 570 626529 and email at lepollenshop@gmail.com. This regulation defines the types and scope of services provided electronically though the store, including the rules for concluding and executing sales agreements and the rights and obligations of the Customer and the Seller.
II. DEFINITIONS
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Personal Data Administrator - LE POLLEN POLINA KUHAI, conducting business as Le Pollen, with its registered office at Kościelna 22, Pruszków (05-800), Regon 528487832, NIP 5213795492
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Online Store/Service - the online platform available at www.lepollengoods.com, consisting of graphic elements and software enabling the provision of electronic services to Users.
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Seller- the entity managing and operating the Service as defined in point II clause1.
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Sales Agreement- a distance contract concluded between the Customer and the Seller through the online store, the subject of which is the Goods.
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Service- electronic services provided by the Seller through the online store.
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User- any natural person using the Service
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Customer - a natural person, legal person or unincorporated organisational unit with legal capacity that is granted legal capacity enter into an agreement with the Seller through the Service.
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Consumer- a natural person performing a legal act not directly rated their business or professional activity with the Seller.
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Goods - a product, movable item presented with a detailed description on the Service.
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Newsletter- a message sent cyclically by the Seller to the email address specified by the User, containing commercial information, in particular about promotions, sales , news , collections, or other data related to the Service's activities
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Privacy's Policy - a document attached to this Regulation.
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Regulation - this document.
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Civil Code - the act of April 23, 1964, the Civil Code ( Journal of Laws of 2016, item 380, as amended).
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Consumer Rights ACt- the Act of May, 2014, on consumer right ( Journal of Laws, item 827,as amended).
III. GENERAL PROVISIONS
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The User can access the Regulation at any time by clicking on the Regulation" tab on the online store's website.
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The Seller undertakes to provide Services to the User in the scope and on the therms specified in the Regulation.
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The User undertakes to comply with this Regulation and to use the online store in accordance with the applicable laws.
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Information about Goods on the online store, including descriptions and prices, constitutes an invitation to enter into a sales agreement within the meaning of Art. 71 of the Civil Code.
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The Goods in the online store are precisely identified, In particular by specifying their properties, prices, and the material from which they are made.
IV. CONDITIONS OF USE OF THE ONLINE STORE
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The Seller enables the conclusion of sales agreements for Goods via the Internet and provides other Services specified in the Regulation.
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The condition for starting to use the online store is to become familiar with the Regulation and accept it.
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Failure to accept the provisions of the Regulation makes it impossible to conclude a Sales Agreement.
- The Technical requirements necessary to use the services are as follows:
- having a device with access to the Internet ,
- using the appropriate web browsers, through which web pages are displayed, e.g., Internet Explorer, Opera , Firefox , Chrome , Safari
- having an email account.
- The Seller provides the following services through the online store:
- enabling the conclusion of Sales Agreements,
- sending ordered commercial information about promotions and Goods in the form of a Newsletter
- enabling the User to correspond with the Seller through the contact form.
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The services specified in clause 7 are provided by the Seller free of charge.
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The User is responsible for the costs associated with accessing the Internet and data transmission according to their Internet service provider's tariff
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The User is obliged to use the online store in a manner consistent with its purpose and refrain from any activity that could disrupt its proper functioning
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The Seller takes necessary actions to ensure the correct and error free operation of the Service, taking into account current technical knowledge and undertakes to promptly correct any irregularities reported by Users.
V. CONCLUSION OF THE SALES CONTRACT
The Seller enables the purchase of Goods on the Online Store by utilizing the order placement procedure described below through the order form. The sales contract for the Goods is concluded between the Client and the Seller. The Seller accepts online orders 24/7, every day of the week. Orders placed on Saturdays, public holidays, and non-working days will be processed on the first working day following the day the order was placed.
To place an order using the order form, the Client selects the Goods available in the Online Store, specifying the quantity intended for purchase and, if applicable, indicating the characteristics (color, size) of the ordered Goods. After selecting the Goods (adding the Goods to the "cart" using the functionality available in the Online Store), the Client completes the order form by providing the necessary data for order fulfillment by the Seller, as well as the delivery method for the Goods.
Until the selection of Goods is confirmed by clicking the "buy and pay" button, the Client has the opportunity to make changes and modifications to the Goods in the order, as well as to the shipping or invoicing address. The Client's confirmation of the order by using the "buy and pay" button constitutes an offer to conclude a sales contract, in accordance with the contents of the order placed by the Client and the Terms and Conditions.
Upon receiving the order, the Seller sends the Client an electronic confirmation of the acceptance of the offer to the email address provided during the order placement, which simultaneously serves as confirmation of the order. The sales contract is concluded at the moment the Client receives this message.
The order confirmation mentioned in paragraph 6 includes, in particular, the quantity and type of the ordered Goods, as well as the total amount due for payment.
If the Client wishes to receive a VAT invoice, they must inform the Seller by sending an appropriate email along with the necessary invoice details.
The Seller reserves the right to refuse order fulfillment if the provided information is sufficiently vague to impede the order's execution, particularly preventing the correct delivery of the shipment. Prior to refusing order fulfillment, the Seller will attempt to contact the Client to clarify the necessary details to facilitate the order.
The sales contract is concluded between the parties in accordance with Polish law and is consistent with these Terms and Conditions and the order submitted by the Client.
The sales contract is concluded for a specified term – until the order is fulfilled (one-time performance).
VI. ORDER FULFILLMENT TIME AND DELIVERY OF GOODS
The Seller processes orders in the order they are received, i.e., after the payment for the price is credited to the Seller's bank account or upon receiving confirmation from the online payment operator of successful payment by the Client.
The delivery cost within the territory of the Republic of Poland is 20 PLN for DPD courier, 20 PLN for Inpost parcel lockers, and 25 PLN for Inpost courier. For the avoidance of doubt, the Seller does not conduct business outside the territory of the Republic of Poland and only facilitates delivery within the European Union. The delivery cost by courier within the European Union is determined individually with the Client, depending on the destination country.
Goods are delivered to the address specified by the Client when placing the order. The estimated order fulfillment time within the Republic of Poland is 2-5 working days + shipping, i.e., from the day the order is placed and paid for (payment credited to the Seller's account) as per paragraph 1, until the day the Goods are handed over to the carrier for delivery to the address indicated by the Client. This time may be extended for reasons beyond the Seller's control, e.g., due to delays on the part of the courier.
Goods are delivered via courier services selected by the Seller. Upon receiving the shipment, the Client should carefully check the condition of the packaging and its contents. If any damage or other irregularities are observed, the Client should draft a damage report in the presence of the courier and promptly notify the Seller, i.e., no later than 3 days from the date of the report.
VII. PRICES AND PAYMENT METHODS
The information regarding the purchase price of the Goods provided on the Store's website is binding from the moment the Client receives confirmation of acceptance of their order for the selected Goods.
All prices listed on the Online Store are quoted in Polish złoty (PLN). In all cases, the indicated prices are gross prices, including VAT.
The Seller offers the following payment methods:
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bank transfer (so-called "manual payment") to the Seller's bank account: 09 1160 2202 0000 0003 6730 6468. The account number is also indicated in the confirmation sent to the Client's email address as per point V.6 of these Terms and Conditions;
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online payments through Fondy.
The Seller reserves the right to change the prices of Goods, introduce new products for sale, conduct and cancel promotional campaigns on the Online Store's pages, or make changes to them in accordance with the provisions of the Civil Code and other laws, provided that such changes do not infringe upon the rights of individuals who concluded sales contracts for the Goods offered by the Online Store prior to the aforementioned changes or the rights of individuals entitled to benefit from a given promotion in accordance with its rules and during its duration.
The Seller has the right to continuously update prices and subject Goods to selected promotions or sales. This right does not affect orders placed by Clients before the aforementioned actions.
The Client is obliged to make payment for the Goods within 4 calendar days from the date of the contract conclusion, i.e., upon receiving the confirmation email, in accordance with point V.6. In the event of non-payment within the specified period, the sales contract shall be deemed dissolved. To purchase a specific Good, it is necessary to place the order again in accordance with the provisions of the Terms and Conditions
VIII. PRODUCT COMPLAINTS
The Seller delivers Goods free from defects. The Seller is liable for physical and legal defects of the Goods in accordance with the provisions of the Civil Code, specifically Articles 556 and subsequent ones. The Seller is responsible under warranty if a physical defect is identified within two years from the date of delivery of the Goods.
The Consumer submits complaints via:
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the Seller's email: lepollenshop@gmail.com.
The complaint should include: the Client's name and surname, correspondence address, email address, phone number, date and circumstances of the defect occurrence, and a description of the request. The Client shall deliver the product to the Seller at their own cost.
The Client is entitled to the following claims within the scope of the complaint:
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repair of the Goods,
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replacement of the Goods with defect-free Goods,
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reduction of the price of the Goods,
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withdrawal from the Sales Agreement.
Withdrawal from the Sales Agreement is possible only if the defect of the Goods is significant and the Seller does not promptly replace the defective Goods with defect-free Goods or rectify the defect without excessive inconvenience to the Client.
Along with the complaint submitted electronically in accordance with point VIII.4, the Client is obliged to send the defective Goods to the following address: Le Pollen, Kościelna 22/19C, 05-800 Pruszków, tel. 579832419.
The Seller will respond to the Client's complaint within 14 calendar days from the date of receipt, along with the Goods in question. The above rights under the warranty do not exclude the Client's ability to pursue their rights in accordance with applicable regulations.
The Consumer has the right to use extrajudicial means of resolving complaints and pursuing claims. Access to extrajudicial dispute resolution procedures is provided by, for example, permanent consumer arbitration courts operating within the structures of the Trade Inspection. The Consumer may seek legal assistance from the Municipal/District Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer organizations such as the Federation of Consumers, the Polish Consumers Association, and the European Consumer Centre, according to the rules applicable in those organizations. Additionally, the Consumer has the option to use extrajudicial means of pursuing claims by submitting a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/ – the email address of the Store is: lepollenshop@gmail.com.
IX. WARRANTY
The Seller provides a warranty for the Goods for a period of 12 months from the date of delivery of the Goods to the Client. The Seller undertakes to repair physical defects free of charge if the defects become apparent within 12 months from the date of delivery or to provide defect-free Goods.
The warranty liability covers only defects arising from causes inherent in the Goods. The Client is obliged to report the defect of the Goods immediately after its detection, i.e., no later than within 3 days.
The Client submits the warranty claim in accordance with points VIII.4 and 5 of the Terms and Conditions. The Seller commits to fulfill the obligations resulting from this warranty within 21 days from the date of delivery of the Goods.
The warranty does not cover:
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mechanical damage caused by the Client,
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damage and defects arising from the use and storage of the Goods not in accordance with the rules of use (available on the Service's website under the "Care" tab),
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repairs undertaken by the Client independently.
The warranty does not exclude the Client's rights arising from the non-compliance of the Goods with the contract.
X. WITHDRAWAL FROM THE SALES AGREEMENT
The Consumer has the right to withdraw from the Sales Agreement without providing a reason, under the terms described below. The Consumer is entitled to withdraw from the Sales Agreement within 14 days from the moment the Goods are taken possession of by the Client or a third party indicated by them, other than the carrier.
The Consumer may withdraw from the agreement by submitting a clear and unequivocal declaration in this regard. They can use the form available in the "Shipping & Returns" section or independently formulate a statement and send it electronically to lepollenshop@gmail.com. The Seller will promptly send the Consumer confirmation of receipt of the withdrawal statement via email.
To meet the deadline specified in point 2, it is sufficient to send the withdrawal statement before its expiration. As a result of the Consumer’s withdrawal from the Sales Agreement, the agreement ceases to be valid. The Seller, no later than 14 days from the date of receipt of the Consumer's withdrawal statement, will refund the Consumer for the purchased goods without shipping costs if they were incurred by the Consumer.
The costs associated with returning the Goods (direct costs incurred by the Consumer for delivering the Goods to the Seller's address, shipping costs, packaging) are borne by the Consumer. The Seller will make the refund using the same payment method used by the Consumer unless the Consumer has expressly agreed to a different solution that does not incur additional costs for them. In case of a refund for a transaction made by the Consumer using a payment card, the Seller will refund to the bank account associated with the Consumer's payment card.
The Consumer is obliged to return the Goods to the Seller without delay, but no later than 14 days from the date of withdrawal from the agreement. The Goods should be delivered to: Le Pollen, Kościelna 22/19C, 05-800, Pruszków, tel. 579832419.
The Goods for which the right of withdrawal is exercised should be properly secured for shipping to avoid the risk of damage during transport. All accessories that were provided with the Goods (vouchers, instructions, protective dust bags) should be included with the returned Goods.
The Consumer is responsible for any decrease in the value of the Goods resulting from use that exceeds what is necessary to establish the nature, characteristics, and functioning of the Goods. The Seller has the right to withhold the refund of payments received from the Consumer until the Goods are returned.
XI. RETURNS OF PERSONALIZED PRODUCTS
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In accordance with Article 38(3) of the Consumer Rights Act, the right to withdraw from a distance contract does not apply to orders for products made to the consumer's individual specifications or tailored to their specific needs.
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Personalized products, i.e. items made to special order, modified according to the customer's preferences, engraved, printed, or otherwise customized to the consumer’s requirements, are non-returnable.
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By placing an order for a personalized product, the customer acknowledges that withdrawal from the contract and the return of such items will not be possible.
XII. NEWSLETTER
The User can subscribe to the Newsletter service by providing their email address on the form provided by the Seller on the online Store's website. The agreement for the provision of the Newsletter Service is concluded for an indefinite period upon providing the email address for this purpose.
The User may unsubscribe from the Newsletter Service at any time. Unsubscribing is done by the User clicking on the deactivation link located in the footer of each sent Newsletter. The Seller will notify the User of the completion of the deactivation process.
The Seller reserves the right to:
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send advertisements and commercial information via the Newsletter in accordance with the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws No. 144, item 1204 of 2002);
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temporarily suspend the provision of the Newsletter service for technical reasons;
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cease the provision of the Newsletter service after prior notification of the Users.
XIII. GIFT CARD
General Provisions. These guidelines apply to gift cards purchased at the Store www.lepollengoods.com.
Payment Rules. When using a gift card, the entire order or part of it can be paid for, provided that the value of the card does not exceed the value of the purchased products. If the value of the gift card is less than the total purchase price, the Client may use another payment method to complete the transaction.
One-time Use. Each gift card can be used only once. If not fully used, the Store will generate a replacement code that will be sent electronically to the email address provided by the Client.
Validity Period. Each gift card is valid for one year from the date of purchase. After this period, it is not possible to make a purchase using the gift card.
Returns. If the Client decides to return a Product purchased with a gift card, they will receive a replacement code. Additionally, if another payment method was used, the Client will receive a refund for the amount paid by that method. The replacement code will be sent to the email address provided by the Client immediately after the return is made. Gift cards and replacement codes are not exchangeable for cash.
Withdrawal Guarantee. The Client has 14 calendar days to cancel the gift card order (provided it has not been used), counting from the day the order is delivered. To exercise the right of withdrawal, the Client should contact the Seller as soon as possible at lepollenshop@gmail.com.
XIV. PERSONAL DATA
The Store takes all possible and legally mandated technical and organizational measures to protect the personal data of Clients, particularly to prevent unauthorized access to and modification of data provided during registration. Detailed information regarding personal data protection can be found in the Privacy Policy document, which constitutes Appendix No. 1.
XV. FINAL PROVISIONS
All content published on the online Store's website (including graphics, texts, page layouts, logos, photos) is protected by copyright and is the exclusive property of the Seller. Using this content without the Seller's written consent results in civil and criminal liability.
Any comments or complaints regarding the operation of the Service can be sent electronically to: lepollenshop@gmail.com. The Seller will provide information in response within a maximum of 14 days via email.
In all matters not regulated by these Terms and Conditions, relevant provisions of Polish law apply, including the Civil Code and the Consumer Rights Act. The Seller reserves the right to change these Terms and Conditions. Changes may not violate the rights of Clients arising from orders placed before the changes were made. Changes to the Terms and Conditions come into effect 14 days after publication on the online Store's website.
The parties agree to amicably resolve any disputes related to the Services provided by the Seller. In the absence of an amicable resolution, all disputes arising from concluded agreements will be resolved by the appropriate common court in accordance with applicable regulations.
Appendices to the Terms and Conditions constitute an integral part thereof.
Appendices:
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Privacy Policy
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Withdrawal Form for the Sales Agreement