Terms and conditions

Definitions

For the purposes of these Regulations, the following definitions apply:

Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit which is not a legal person but to which special regulations grant legal capacity – who places an Order for a Product presented on the Store’s website;
Consumer – a natural person entering with an entrepreneur into a legal transaction that is not directly related to their business or professional activity;
Civil Code – the Act of April 23, 1964, Civil Code;
Product – goods presented on the Store’s website which the Customer can purchase through distance selling;
Entrepreneur – an entrepreneur as defined in the Civil Code, i.e. a natural person, a legal person, and an organizational unit which is not a legal person but to which special regulations grant legal capacity, conducting business or professional activity on their own behalf, excluding an Entrepreneur with consumer rights;
Entrepreneur with consumer rights – a natural person concluding an agreement with the Seller directly related to their business activity, when it is clear from the agreement that it does not have a professional character for them, particularly as indicated by the nature of the business activity they perform as disclosed in the CEIDG (Central Registration and Information on Business). In these Regulations, provisions regarding Consumers in the scope of the statutory right to withdraw from the Agreement (section IX) and Product conformity with the Agreement (section X) also apply to Entrepreneurs with consumer rights;
Regulations – this model contract as defined by the Civil Code;
Online store/Store – all components of the website operating under the domain lynve.com;
Seller – PLANET A SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk, ul. Jana Heweliusza 11 lok. 811, 80-890 Gdańsk, enetered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court of Gdańsk – Północ in Gdańsk, 7^th Commercial Division of the National Court Register, under the KRS number: 0001091805, with NIP 5833502952, REGON 527962805, and share capital of: PLN5,000.00;
Sales agreement – a sales agreement as defined by the Civil Code, concluded between the Seller and the Customer via the Store’s website; the Sales Agreement is concluded on the terms described in these Regulations;
Agreement for the provision of Electronic services – an agreement concluded between the Seller and the User on the terms described in section III below;
Electronic services – services as defined by the Act on Providing Services by Electronic Means, i.e. provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the User, sent and received by means of electronic processing devices, including digital compression, and data storage, fully sent, received, or transmitted via a telecommunications network as defined by the Electronic communications Act of July 12, 2024;
User – a natural person, a legal person, or an organizational unit which is not a legal person but to which special regulations grant legal capacity, using the Store’s website;
Order – an offer placed by the Customer for Products presented by the Seller on the Store’s website, aimed at concluding a distance Sales agreement.

General provisions

The Regulations have been created in accordance with the requirements of legal regulations, in particular the Act on Providing Services by Electronic Means and the Consumer Rights Act, and specify, among others:
1. the types and scope of Electronic services;
2. conditions for the provision of Electronic services, including technical requirements necessary for compatibility with the Seller’s IT system and information regarding the prohibition for the User to supply unlawful content;
3. the terms of concluding a Sales agreement;
4. the terms of concluding and terminating Agreements for the provision of Electronic services;
5. the statutory right to withdraw from the Sales agreement;
6. the complaint procedure.
The Seller provides Electronic services in accordance with the Regulations and the provisions of applicable law.
The Seller makes the Regulations available to the User free of charge in a way that allows the User to obtain, display, and store their content using the IT system used by the User.
The content of the store is addressed to potential Customers interested in the purchase of the Products presented by the Seller on the Store’s websites.
The User can contact the Seller through:
1. e-mail at: office@lynve.com;
2. phone at: +48 ………………;
3. traditional mail, at the following address: ul. Jana Heweliusza 11 lok. 811, 80 – 890 Gdańsk.

Provision of Electronic services

Through the Store’s website, the Seller provides the following free-of-charge services: using the Store’s website, including browsing information on the website, subscribing to the newsletter, redirecting to the Seller’s external social media, managing an account, and a keyword search function on the website.
1. By opening and thereby starting to use the Store’s website, an Agreement for the provision of Electronic services is concluded in the form of using the Store’s website. Such use may include, in particular, browsing through information posted on the site, ex. information on Products.
1. The Agreement for the provision of Electronic services mentioned in the previous subsection is concluded for an indefinite period, and its termination occurs when the User leaves the Store’s website.
1. The User has the option to subscribe to an e-mail newsletter, i.e. to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the User. To subscribe, a valid e-mail address must be provided, and the subscription must be confirmed via a confirmation link sent by the Seller to the e-mail address entered in the subscription form. The User can withdraw their consent to receive the newsletter at any time.
1. The Agreement for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the User requests the removal of their e-mail address from the newsletter subscription or unsubscribes using the link provided in the Newsletter messages.
1. The User has the option to use an Electronic service that redirects them from the Store’s website to external platforms such as social media (like Facebook) linked to the Seller’s business activities.
1. The Agreement for the provision of Electronic services in the form of redirection , as mentioned in the previous subsection, is concluded when the User clicks the icon dedicated to the specific platform to which they wish to be redirected, and is terminated when the User is redirected to that platform.
1. The User of the Store also has the option to create an account on the website, ex. to browse through previously placed Orders. To create an account, the User should complete the registration process.
1. The Agreement for the provision of Electronic services in the form of creating and using an account is concluded when the User successfully completes the registration process. The Agreement is concluded for an indefinite period and is terminated when the User clicks the button dedicated to deleting the account.
1. The User may use an Electronic service in the form of a keyword search. The Agreement for the provision of Electronic service in the form of a keyword search is concluded when the User clicks the icon dedicated to searching for the entered keyword and is terminated when the search results appear on the Store’s website.

Technical requirements

To enable the User to use the Store’s website, cooperation between the User’s and the Seller’s IT systems is necessary.
1. The compatibility of IT systems is ensured if the User’s system meets the minimum technical requirements such as access to the Internet and appropriate software allowing the use of the Internet on the device through which the User wants to access the Store’s website.
  1. The use of any electronic services over the Internet, including the Electronic services provided on the Store’s website, may involve certain risks such as the introduction of harmful software into the User’s IT system or unauthorized access to and modification of User’s personal data.
  1. To mitigate the risks indicated in subsection 3 above, the Seller recommends using technical measures capable of preventing these risks,
    ex. antivirus software.

Terms of use of the Store’s website

The User should use the Store’s website in accordance with its intended purpose while respecting the principles set out in these Regulations, in accordance with the provisions of law as well as accepted customs. In particular, the User shouldn’t:
provide and transmit content that could violate legal regulations;
upload any programs, files, applications, including their extentions, that could negatively impact the functioning of the Store’s software, the devices enabling its operation, as well as the devices or software of other Users (including, in particular, viruses, trojans, and other malicious software);
engage in any actions which could or would interfere with the operation of the Store’s website (such as programming or hacking activities);
bypass the security of the Store’s website by exploiting so-called security gaps;
use the content posted on the website beyond personal use, for instance violate property rights as specified in section XIII below.

Ordering a Product

The Store’s website presents information on Products, in particular by displaying their descriptions and prices. This information does not constitute an offer within the meaning of Article 66 of the Civil Code, but rather solely an invitation to conclude a Sales agreement within the meaning of Article 71 of the Civil Code.
1. The Products presented on the Store’s website are new and compliant with the agreement (they do not have any defects). The Products meet all the necessary requirements for being placed on the sales market.
  1. The User may place an Order for Products using a special form for placing Orders, the so-called shopping basket (hereinafter referred to as „Shopping basket/Basket”).[MŁ1]
  1. The condition for placing an Order and thus concluding a Sales agreement is that the User has an active e-mail account.
  1. To place an Order using a Shopping basket, the Customer should follow the instructions provided on the Store’s website, in particular:
    1. select the Product that the Customer is interested in, choose the quantity, and add to the Basket;
    1. enter the information necessary for the realization of the Order and the Sales agreement such as name, contact details, address for delivery, in the designated fields;
    1. choose the payment and delivery method offered by the Seller;
    1. review the Regulations, the Instruction on the right to withdraw from Agreement, and the Privacy policy;
    1. by ticking the checkbox, declare that the Customer has read the Regulations, the Instruction on the right to withdraw from Agreement, and the Privacy Policy;
    1. select the button finalizing the Order.
  1. After placing the order through the Shopping Basket, the Seller sends the Customer a confirmation of the of the Order along with information or a document regarding the prepayment indicating the payment deadline.

Payments and conclusion of the Sales agreement

Prices of Products presented on the Store’s website are provided in Polish zloty or euro and include all necessary fees and taxes that should be included in accordance with the applicable law.
1. At the stage of placing an Order, the Customer may choose a prepayment method (hereinafter referred to as „Prepayment”) in the form of an electronic payment processed by a payment operator, information about which will appear on the Store’s website.
1. The Seller will always specify the maximum deadline for making the Prepayment for the Product. Failure to make the Prepayment will result in the cancellation of the placed Order.
1. The Prepayment is considered successful the moment the Seller receives confirmation from the payment processor’s system that the Customer has made the payment.
1. After receiving the Prepayment, the Seller will send an e-mail to the Customer confirming the acceptance of the Order for execution. This e-mail constitutes the Seller’s declaration of acceptance of the Customer’s offer (in the form of a placed Order), and the Sales agreement is concluded when the Customer received the confirmation.
The Sales agreement is concluded in either Polish or English, in accordance with the terms of these Regulations.
The Seller provides the Customer with the proof of purchase such as an e-mail confirmation of the Order or an invoice.
In the event that the Seller uses individual price adjustments based on automated decision-making, the Seller will inform the Customer of this each time during the Order placement, taking into account the requirements imposed in this respect by the provisions on personal data protection.

Delivery methods

The Seller delivers Products to the address indicated by the Customer when placing the Order, within the territory of the European Union.
While placing an Order, the Customer may choose one of the following methods of delivery offered by the Seller:
1. courier delivery through one of the courier companies listed on the Store’s website;
1. pick-up at a collection point (parcel locker) listed on the Store’s website.
The fulfillment time for the entire Order, including the delivery of the Product, is counted from the moment of concluding of the Agreement as mentioned in section VII subsection 5, and is indicated on the Store’s website along with information about the delivery fees for the Product.
If different Products purchased within a single Order have different fulfillment times, the longest fulfillment period applies to the entire Order.

Statutory right to withdraw from Agreement

A Customer who is Consumer can withdraw from the Sales agreement at any time, in accordance with the Consumer Rights Act, without giving a reason, by submitting a relevant statement to the Seller within 14 days of the delivery of the Product. To meet this deadline, it is sufficient to send the statement before its expiry.
1. The Customer will also be informed about their rights regarding withdrawal from the Agreement through the Instruction on the right to withdraw from agreement which is an annex to these Regulations.
1. The Customer may submit a withdrawal statement independently or use the Withdrawal form attached to these Regulations.
1. Upon receiving the Consumer’s withdrawal statement, the Seller will send confirmation of receipt of the withdrawal statement to the Consumer’s email address.
1. According to the Consumer Rights Act, the Consumer’s right to withdraw from the agreement is excluded in the case of agreements:
1. for the provision of services for which the consumer must pay a price, if the entrepreneur has fully performed the service with the Consumer’s express prior consent, and the Consumer was informed before the performance began that they would lose the right to withdraw from the agreement upon completion of the service by the entrepreneur, which the Consumer acknowledged;
1. where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur’s control and which may occur before the withdrawal period expires;
1. where the subject of the performance is a non-prefabricated item produced according to the Consumer’s specifications or intended to satisfy their individualized needs;
1. where the subject of the performance is an item that is perishable or has a short shelf life;
1. where the subject of the performance is an item delivered in sealed packaging that, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
1. where the subject of the performance is goods that, due to their nature, become inseparably mixed with other items after delivery;
1. where the subject of the performance is alcoholic beverages the price of which was agreed upon at the time of concluding the sales agreement, and whose delivery can only take place after 30 days, with their value dependent on market fluctuations beyond the entrepreneur’s control;
1. where the consumer explicitly requested the entrepreneur to visit them for urgent repairs or maintenance; if the entrepreneur additionally provides services other than those the consumer requested, or supplies goods other than replacement parts necessary for the repair or maintenance, the right to withdraw applies from agreement only to the additional services or goods;
1. where the subject of the performance is audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
1. for the supply of newspapers, periodicals, or magazines, except for a subscription agreement;
1. concluded at a public auction;
1. for the provision of services related to accommodation other than for residential purposes, the transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies a date or period for the provision of the service;
1. for the supply of digital content not delivered on a tangible medium for which the consumer must pay, if the entrepreneur began the provision with the Consumer’s express and prior consent, having informed them beforehand that they would lose the right to withdraw from the agreement upon performance, and has provided the consumer with confirmation as specified in Art. 15(1) and (2) or Art. 21(1) of the Consumer Rights Act;
1. for the provision of services for which the consumer is required to pay, where the consumer explicitly requested the entrepreneur to visit them for a repair, and the service was fully performed with the consumer’s express and prior consent.
  1. In the event of withdrawal from a Distance agreement, the Agreement is considered null and void. Any performances provided by the parties will be returned in an unaltered state, unless alterations were necessary to establish the nature, characteristics, and functionality of the Product. The Product should be returned promptly, and no later than within 14 days.
  1. The Customer should return the purchased Product to the following address ………………… .
  1. The Seller will promptly, but no later than 14 days from the date of receiving the Consumer’s statement of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Product (i.e. the costs of delivery of the Product from the Seller to the Customer).
  1. If the Consumer has chosen a delivery method different than the least expensive method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
  1. The Customer bears only the direct cost of returning the Product (i.e. the cost of sending the Product from the Customer to the Seller), unless the Seller agrees to cover this cost.
  1. The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different refund method, which will not involve any additional cost to the Consumer.
  1. The Seller may withhold the refund of payments received from the Customer until the Seller has received the Product back or until the Customer has provided proof of its return, depending on what occurs first, unless the Seller has offered to collect the Product directly from the Customer.

Product compliance with the Agreement (Complaints)

The Seller is obliged to deliver a Product that is in accordance with the Agreement.
The Seller is responsible for any non-conformity of the Product with the Agreement under the terms specified in the Consumer Rights Act in relation to the Customer who is a Consumer.
The warranty is excluded for Entrepreneurs.
Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be directed to the following address:
PLANET A SP. Z O.O., ul. Testowa 1, 00 – 000 Test, to the e-mail address: office@lynve.com or by phone number: +48 ……………… .
If possible, in order to consider the complaint, the Customer should send or deliver the Product under complaint to the address specified in the subsection above, attaching proof of purchase.
The Customer may also use the Seller’s Complaint form, which is an annex to these Regulations; however, this is not obligatory.
The Seller is obliged to review each complaint within 14 days from the day of receipt.
In the event of deficiencies in the complaint, the Seller will request the Customer to supplement it to the necessary extent immediately, but no later than 7 days from the date the Customer receives the request.

Complaint regarding Electronic services

Each User has the right to file a complaint regarding the Electronic services provided through the Store, ex. regarding various types of irregularities in the operation of the Store’s website, tabs, or account. Complaints may be filed be the User in any manner they choose, using all specified forms of contact. In particular, the Seller recommends contact in the form of an e-mail message. Contact details: PLANET A SP. Z O.O., ul. Jana Heweliusza 11 lok. 811, 80 – 890 Gdańsk, e-mail address: office@lynve.com, telephone: +48 ……………….. .To facilitate the efficient processing of complaints, the Seller recommends using the Electronic service complaint form attached to these Regulations. If the complaint is submitted in another form, the User is asked to include the following elements:
a brief description indicating the nature of the complaint (a description of the situation, circumstances of the issue);
the date of the event that is the cause of the complaint;
personal data identifying the User enabling contact and review of the complaint.
1. The Seller reviews complaints promptly, but no later than within 14 calendar days from the date the complaint is received by the Seller.
  1. In the event of deficiencies in the complaint, the Seller may contact the User with a request to complete it, to the extent it is necessary, giving the User 7 days from the date of receiving the request to do so.

Information about amicable dispute resolution for Consumers

Users who are Consumers have the option to resolve their disputes with entities other than Consumers through amicable and out-of-court means.
1. The following options are available for resolving disputes as described in this section:
1. a permanent consumer arbitration court, where the User can submit a request to resolve a dispute arising from a concluded agreement;
1. a Regional Inspector of Commercial Inspection, to whom the Consumer can submit a request to initiate mediation proceedings to amicably resolve a dispute between the Customer and the Seller;
1. a district (municipal) consumer rights advocate or social organization tasked with consumer protection, which can provide assistance with agreement-related matters;
1. The online ODR platform, through which an independent mediator can resolve disputes between Businesses and Consumers. The platform can be accessed at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Consumers can find detailed information on out-of-court complaint resolution methods and claims processing on the website http://www.uokik.gov.pl as well as at the offices and websites of district (municipal) consumer rights advocates and social organizations dedicated to consumer protection.

Intellectual property

The content on the Store’s website, including but not limited to the name, domain, logo, informational texts, and Product descriptions, is created by the Seller, who holds all copyrights or licenses for this content, as per the Act of February 4, 1994, on Copyright and Related Rights.
1. The Seller grants the User a free, geographically unrestricted license to use the content mentioned in subsection 1 above solely for personal use, without the right to grant sublicenses.
  1. The User should not, without the Seller’s written consent, use the content published on the Store’s website in any way beyond the scope of the license granted, for example by copying, reproducing, or using it for commercial purposes.
  1. A User’s violation of the principles outlined in this section will constitute an infringement of the Seller’s copyrights, potentially resulting in civil and criminal liability.

Personal data and cookies

By providing personal data through the Store’s website, for example entering data into a contact form or concluding a Sales agreement, the User makes the Seller the data controller, as defined by personal data protection regulations (GDPR).
1. The User’s personal data may also be processed through the use of cookies.
  1. More information regarding the processing of personal data and the use of cookies is available in the Privacy policy.

Final provisions

The Regulations are available in the Polish and English language.
1. The law governing the resolution of any disputes arising from these Regulations is Polish law, unless mandatory provisions of law stipulate otherwise.
1. In the case of disputes with Users who are Consumers or Entrepreneurs with Consumer rights, the competent court shall be determined in accordance with the provisions of the Code of Civil Procedure. For disputes with Users who are Entrepreneurs, the locally competent court shall be the one appropriate for the Seller’s registered office.
1. The Regulations may be subject to change, of which the Users will be informed by the Seller by posting information on the main page of the Store.
1. Users who have an account in the Store will be informed of changes by receiving an e-mail to the address linked with the account.
1. The changes to the Regulations will come into effect 14 days from the date of their announcement.
1. Users with an account who do not accept the new Regulations are required to inform the Seller about it within 14 days from the date they were notified of the change. Non-acceptance of the Regulations is equivalent to termination of the Agreement for the provision of the Electronic service in the form of account maintenance, resulting in the User’s account being deleted.
1. The current version of the Regulations is effective from …………. 2024 r.

[MŁ1]Tutaj ewentualnie do zmiany, w zależności od tego jak przetłumaczona będzie strona – niektóre sklepy mają „Basket”, niektóre „Bag”, a niektóre „Cart”.

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