§ 1 Introductory provisions
1. "Lovely-Vip" online store, available at lovely-vip.com, is run by Kateryna Kolesnik conducting business under the name Darimaks sp. z o. o., NIP 8992848759 REGON 380962167.
Second These Regulations are addressed to consumers and sets out the principles and procedures for the conclusion of a remote contract of sale with the Consumer through the Shop.
§ 2 Definitions
- Consumer - a natural person who concludes a contract with the Seller in the Store, the subject of which is not directly related to its business or professional activity.
- Seller - Darimaks sp. z o. o., NIP 8992848759 REGON 380962167.
- Customer - any entity making purchases through the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, doing business on its own behalf, which uses the Store.
- Store - Internet store operated by the Seller at the web address lovely-vip.com.
- Remote contract - agreement concluded with the Customer within an organized system of concluding contracts at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
- Rules - these rules of the Store.
- Order - Customer's declaration of will made by means of the Order Form and aiming directly at concluding a Sales Agreement of a Product or Products with the Seller.
- Account - Customer's account in the Store, it stores data given by the Customer and information about orders placed by him/her in the Store.
- Registration form - form available in the Store, allowing you to create an Account.
- Order form - an interactive form available in the Store that allows for placing an Order, in particular by adding Products to the Cart and specifying terms of the Sales Agreement, including delivery and payment methods.
- Basket - element of the Store's software, which shows the Products selected by the Customer for purchase, as well as the possibility of determining and modifying the Order's data, in particular the quantity of products.
- Product - movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - Sales Agreement of a Product concluded or concluded between the Customer and the Seller via the Online Store. By the Sales Agreement is also understood - in accordance with the characteristics of the Product - the contract for the provision of services and contract for specific work.
§ 3 Contact with the Store
- Seller's address: Armii Krajowej 6D/4, 50-541, Wroclaw.
- Seller's email address: lovely.vipstore@gmail.com.
- Seller's phone number: +48509493223
- Seller's bank account number 36 1090 2529 0000 0001 4941 1552
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate with the Seller by telephone from 10 am to 5 pm.
§ 4 Technical requirements
In order to use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary to
- terminal equipment with access to the Internet
- An active electronic mail (e-mail) account,
- cookies enabled,,
- FlashPlayer installed.
§ 5 General information
- Seller, to the fullest extent permitted by law, is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
- Prices given in the Store are given in Polish zloty and are gross prices (they include VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal charges), of which the Customer is informed on the Store's website when placing an Order, including at the moment of expressing willingness to be bound by the Sales Agreement.
- In the case of a Contract covering subscriptions or services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.
- If the nature of the subject matter of the Contract does not make it possible, in a reasonable estimation, to calculate the final (final) price in advance, information about how the price will be calculated, as well as transport, delivery, postal and other fees, will be given in the Shop in the Product description.
§ 6 Creating an Account in the Store
- In order to create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: First Name, Last Name, Address, Contact Phone and also Email Address.
- Creating an Account in the Store is free.
- Logging into an Account is done by providing a login and password established in the Registration Form.
- The Customer may at any time, without giving any reason and without incurring any fees on this account delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.
§ 7 Rules for placing an Order
In order to place an Order, you must:
- log in to the Store (optional);
- select the Product that is the subject of the Order and then click the "Add to cart" button;
- log in or use the option of placing an Order without registration;
- if you have chosen to submit an Order without registration - fill in the Order Form by entering the data of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the Order recipient,
- Click the "Buy and pay" button,
- choose one of the available payment methods and, depending on the payment method, pay for the order within a specified time, subject to § 8.3.
§ 8 Offered delivery and payment methods
- The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier delivery, cash on delivery,
- InPost parcel service 24/7
- Personal collection available at the address: Armii Krajowej 6D/4, 50-541, Wrocław
- Customer may use the following payment methods:
- Payment on delivery
- Cash on delivery
- Payment by bank transfer to the Seller's account
- Electronic payments
- Payment by credit card.
- Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9 Shipping
Shipments are sent within one working day of crediting funds to the account. In case of choosing payment via Przelewy24 payment system or cash on delivery, an order placed before 12.00 p.m. is sent on the same working day. Free shipping for orders over 299 PLN (does not apply to foreign packages and cash on delivery). Orders are shipped in Poland by DPD, InPost and Paczkomaty InPost courier services. Within European Union we send by DPD courier. Packaging fees are included in the shipping costs. Goods are sent until 12:00 p.m. on the day of receiving the payment:
- Shipping by DPD courier - 14 PLN gross
- InPost courier shipment (prepayment) - 15.00 PLN gross
- InPost courier shipment (cash on delivery) - 19.00 PLN gross
- Standard parcel machine - 12,00 PLN gross
Please inspect your package in the presence of the courier to ensure that it has not been tampered with during transit.
§ 10 Performance of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is sent by the Seller to the Client's e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.
- If Customer chooses:
- transfer payment, electronic payment or payment card payment, the Customer is obliged to make the payment within 3 calendar days from the day of concluding the Sales Agreement - otherwise the order will be cancelled.
- payment on delivery, the Customer is obliged to make payment on delivery.
- payment in cash upon personal collection of the consignment, the Customer is obliged to make payment upon collection of the consignment on the day of receipt of the order.
- If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
- A If you order Products with different delivery dates, the delivery date is the longest date given.
- The start of the period for delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
- If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,
In the case of choosing personal collection of the Product by the Customer, the Product will be ready for collection by the Customer on the date specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided during the placement of the Order.
7th Delivery of the Product takes place on the territory of Poland and the European Union
8th The Product delivery to the Client is chargeable, unless the Sales Agreement states otherwise. Costs of Product delivery (including fees for transport, delivery and postal services) are indicated to the Client on the pages of the On-line store under "Delivery Costs" and during the placement of the Order, including also at the moment of expressing by the Client the will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
§ 11 Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
- In the case of a Contract which involves multiple Products which are delivered separately, in batches or in parts, the period indicated in section 1 runs from the delivery of the last item, batch or part.
- In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the period indicated in section 1 shall run from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To maintain the deadline for withdrawal from the Agreement it is sufficient to send the statement by the Consumer before the expiry of this deadline.
- The statement may be sent by traditional mail, fax or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on consumer rights, but this is not mandatory.
- In the case of sending a statement by the Consumer electronically, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer confirmation of receipt of statement of withdrawal from the Agreement.
- Effect of Withdrawal from the Agreement:
- In the case of withdrawal from the Remote Agreement, the Agreement shall be considered as not concluded.
- In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of items, except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller.
- Reimbursement will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs to him.
- The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.
- The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be located in the Product description in the Store.
- The right of withdrawal from a remote agreement does not apply to the Consumer in relation to the Agreement:
- in which the object of the supply is a non-refabricated thing produced according to consumer specifications or used to meet his individual needs,
- in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery,
- in which the object of performance is a perishable item or an item with a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision, that after the fulfillment of performance by the Seller will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations of the financial market, over which the Seller has no control, and which may occur before the end of the period for withdrawal from the Contract,
- in which the subject matter of the performance are things which after delivery, due to their nature, are inseparable from other things,
- in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
- in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
- for the supply of newspapers, periodicals or magazines, except for a subscription contract,
- for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the consumer's express consent before the end of the deadline for withdrawal from the contract and after the Seller has informed him about the loss of the right to withdraw from the contract,
§ 12 Claims and warranty
- The Sales Agreement covers new Products.
- In case of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.
- Complaints should be submitted in writing or electronically to the addresses given in these Regulations of the Seller or using an electronic complaint form, made available by the Seller on one of the pages of the Store.
- It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defective goods.
- The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it fails to do so within this period, it is considered that the Customer's request is justified.
- Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
- If a guarantee has been granted for a Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 13 Out-of-court complaint and redress procedures
- Detailed information about the possibility of using out-of-court complaint and redress procedures by the Consumer, as well as the rules of access to these procedures are available at the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court complaint and redress procedures:
- The Consumer shall be entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable termination of the dispute between the Consumer and the Seller.
- A consumer may obtain free assistance in resolving a dispute between him and the Seller, using also the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
§ 14 Personal data in the Internet Shop
- The administrator of the Customers' personal data collected via the Online Store is the Seller.
- Customers' personal data collected by the administrator through the Online Store are collected for the purpose of performing a Sales Agreement, and if the Customer agrees - also for marketing purposes.
- Recipients of personal data of the Customers of the Online Store may be:
- In case of a Customer, who uses mail or courier delivery method in the Internet Shop, the Administrator makes available collected personal data of the Customer to a chosen carrier or an intermediary performing the shipment on behalf of the Administrator.
- If a Customer uses electronic or credit card payment method in the Internet Shop, the Administrator shall make available the collected personal data of the Customer to the chosen entity handling the aforementioned payments in the Internet Shop.
4th The customer has the right to access their data and correct them.
5th Providing personal data is voluntary, although failure to provide the personal data specified in the Rules of Procedure necessary to conclude a Sales Agreement results in inability to conclude this agreement.
§ 15 Final provisions
First Contracts concluded through the Online Store are concluded in Polish.
2nd Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
Third In matters not covered by these Regulations shall apply universally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection.
(4) The Customer has the right to use out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.