The sales Contract between the Buyer and the Seller can be concluded in two ways.
The Buyer may, before placing an Order, negotiate any points of the Contract with the Seller, including points that would stand contrary to these Terms & Conditions. Such negotiations should be conducted in writing and sent to the Seller’s address
(ŁYKO SP. Z O. O., 1 Praskiego Pułku WP 5/6, Warszawa 04-053, POLAND).
If the Buyer does not conclude a Contract based on separate negotiations, these Terms & Conditions and any relevant provisions of the law take priority.
TERMS & CONDITIONS
• Postal address – name and surname, or entity name, location in a city or town (in the case of a town divided into streets: street name, street number, apartment number; in the case of a town not divided into streets: town name and property number), postal code, city or town name.
• Address for complaints: ŁYKO SP. Z O. O., 1 Praskiego Pułku WP 5/6, Warszawa 04-053, POLAND
• Shipping Pricing Schema – a list of available shipping methods and their assorted costs, available at: http://lykowarsaw.pl/en/payment-and-shipping/
• Contact Details: e-mail: email@example.com, mobile: 575-752-129
• Shipping – a means of delivering the purchased goods, specifying the party responsible for shipping, and the price, as listed in the Shipping Pricing Schema available at: http://lykowarsaw.pl/en/payment-and-shipping/.
• Proof of Purchase – invoice, bill, or receipt issues in accordance with the Value Added Tax Act dated March 11th 2004, including its subsequent modifications, and other applicable rules of law.
• Product Page – a subpage of the Store containing information concerning one Product.
• Customer – a natural person, of legal age, that has full capacity to enter into legal transactions, a legal entity, or an organizational entity without legal personality but possessing the full capacity to enter into legal transactions, conducting a purchase transaction with the Seller directly related to their commercial or professional activity.
• Civil Code – the Civil Code, dated April 23rd 1964, including its subsequent modifications.
• Code of Good Practice – a collection of rules of engagement, especially ethical and professional norms, as mentioned in art. 2 point 5 of the Act of Prevention of Unfair Trading Practices dated August 23rd 2007, including its subsequent modifications.
• Consumer – a natural person, of legal age, that has full capacity to enter into legal transactions, conducting a purchase transaction with the Seller not directly related to their commercial or professional activity.
• Basket – a list of Products offered in the Store, based on the Buyer’s choices.
• Buyer – the Consumer or the Customer.
• The Transfer of Goods Location – a Postal Address or a Pick-up Location designated by the Buyer in the Order.
• The Transfer of Goods Moment – the moment in which the Buyer or a third party designated by the Buyer takes possession of the goods.
• ODR Service – an Internet service of the European Union, operating based on the Regulation (EC) No 524/2013 of the European Parliament and the Council of May 21st 2013, on the Internet system of dispute resolution and the change of the Regulation (EC) No 2006/2004 and the Directive 2009/22/EC, available at: https://webgate.ec.europa.eu/odr.
• Payment – the method of remuneration for the Subject of the Contract and the Shipping, as listed at http://lykowarsaw.pl/en/payment-and-shipping/.
• Authorised Entity – entity authorised to conduct out-of-court settlements of customer disputes, as understood by the Out-of-court Settlement of Customer Disputes Act dated September 23rd 2016, including its subsequent modifications.
• Consumer Law – the Consumer Rights Act dated May 30th 2014.
• Product – the minimal and indivisible quantity of Items, which may serve as an object of an Order, and which is stated in the Seller’s Store as a unit of measurement when determining the Item’s price (price / unit).
• Subject of the Contract – products and shipping being the subjects of a Contract.
• Subject of Contractual Obligations – Subject of the Contract
• Pick-up Location – a location of transfer of goods, not a postal address, listed by the Seller in the Store.
• OCCP Registry – a registry of Authorised Entities maintained by the Office of Competition and Consumer Protection, in accordance with the Out-of-court Settlement of Customer Disputes Act dated September 23rd 2016, including its subsequent modifications, available in Polish at https://uokik.gov.pl/rejestr_p….
• Item – a movable property being or potentially being a Subject of the Contract.
• Store – an Internet website available at www.lykowarsaw.pl, through which the Buyer may place an Order.
• Seller – ŁYKO SP. Z O. O., 1 Praskiego Pułku WP 5/6, Warszawa 04-053, POLAND, EU VAT No : 1132912336
• System – a collection of software and hardware interacting with each other, enabling processing, storage, sending, and receiving data via telecommunication networks, using a network-appropriate device, commonly referred to as the Internet.
• Time of Delivery – a certain number of hours or working days stated on the Product Page.
• Contract – a distance Contract concluded in accordance with the Consumer Rights Act dated May 30th 2014, in cases of Consumers, and a sales Contract as understood by the Civil Code Act 535 dated April 23rd 1964, in cases of Buyers.
• Defect – a Physical or a Legal Defect.
• Physical Defect – an instance where there are differences between the Item sold and the underlying Contract, especially in the cases where the Item
◦does not have functionalities that it should have, in accordance with the aims specified in the Contract, or it being a natural extension of the particular instance of usage or its purpose;
◦does not have functionalities that the Seller advertised to the Consumer;
◦is not suitable for the purpose that the Consumer intended for the Item, where the Consumer communicated the intended purpose to the Seller when concluding the Contract and the Seller did not object to that particular purpose;
◦was not delivered to the Consumer in its complete state;
◦was not properly assembled or initiated, if these actions were conducted by the Seller or a third party for which the Seller was responsible, or by the Consumer that acted in accordance with instructions provided by the Seller;
◦does not have functionalities advertised by the manufacturer, or their representative, or a person that conducted trade with the Item as part of their business venture, or a person that, by means of placing their name, trademark, or other applicable unique trading mark, appears as the manufacturer, unless the Seller was not aware of these advertisements, or, reasonably speaking, could have had no knowledge of them or they would not have had an impact on the Consumer’s decision to conclude the Contract, or their contents were clarified before the conclusion of the Contract.
• Legal Defect – a situation in which the Item sold is actually a property of a third party, or a third party has the rights to it, or in which the proper usage or possession of the Item is limited by a decision of an appropriate body.
• Order – a Buyer’s declaration of intent filed by means of the Store, aiming directly at concluding a Contract between the Buyer and the Seller, specifying unambiguously: the kind and the quantity of the ordered Products; the type of Shipping; the means of Payment, the Transfer of Goods Location; the Buyer’s personal data.
ŁYKO SP. Z O. O.,
1 Praskiego Pułku WP 5/6,
Warszawa 04-053, POLAND
e-mail: firstname.lastname@example.org, mobile: +48 575-752-129
EU VAT No: 1132912336
Statistical number (REGON): 364758947
ACCOUNT NUMBER: PL 97 1140 2004 0000 3802 7629 1279
•The Contract is concluded in Polish, in accordance with the Polish law and these Terms and Conditions.
•The Transfer of Goods Location must be situated within the territory of the Republic of Poland.
•The Seller is obliged to provide services and sell Items free of any Defects.
•All prices provided by the Seller are in Polish Zloty or in EURO and include VAT. The prices of Products do not include the costs of Shipping, which are specified in the Shipping Pricing Schema.
•All timeframes are expressed in accordance with Article 111 of the Civil Code, stating that in a timeframe expressed in days, the period of time ends at the end of the last day, and if the beginning of the timeframe is marked by a certain event, the day of that event occurring is not counted towards the full timeframe calculations.
•All material provisions of the Contract are confirmed, made available, stored, and secured for the purpose of accessing them in the future, by means of:
◦confirming the Order via sending an e-mail to the designated e-mail address, containing the Order details, a pro forma invoice, information concerning the right of withdrawal from the Contract, these Terms and Conditions in the form of a pdf file, an example form of withdrawal from the Contract in the form of a pdf file, URL links leading to the Terms and Conditions and the form of withdrawal from the Contract;
◦attaching printed versions of a Proof of Purchase, information concerning the right of withdrawal from the Contract, these Terms and Conditions, and a form of withdrawal from the Contract, to the realised Order sent to the designated Transfer of Goods Location.
•The Seller will provide information concerning any warranties granted by third parties for the Products for sale in the Store.
•The Seller does not charge any fees for communication with them by means of distant communication, while the Buyer will cover any costs resulting from contracts that they concluded with the third party providing the distant communication service.
•The Buyer may opt in to use an option in which their data will be saved by the Store for future reference, making it easier to place subsequent Orders. For that purpose the Buyer should provide a login and a password to access their personal account. The login and the password are strings of characters decided on by the Buyer, who is obliged to keep them secret and unavailable for any third parties. The Buyer may at any time access, correct, or update their data or delete their account in the Store.
•The Seller will adhere to the Code of Good Practice.
•The Buyer is obliged to:
• not deliver content forbidden by the rule of law, e.g. slander, content promoting violence, or violating personal rights or other rights of third parties,
• use the Store in a way that will not impair its functionality, especially by usage of certain software or hardware applications,
• not send out or distribute unsolicited trading information (spam) via the Store,
• use the Store in a way that is not troublesome for other Buyers and for the Seller, • use the content available in the Store only for their own personal use,
• use the Store in accordance with the rules of law of the Republic of Poland, these terms and conditions, as well as the general rules of the netiquette.
Conclusion of the Contract
• Orders can be made at any time, on any day of the week.
•In order to make an Order, the Buyer should go through the following steps, some of which may be repeatable:
◦adding a Product into the Basket;
◦choosing a Shipping method;
◦choosing a Payment method;
◦choosing the Transfer of Goods Location;
◦finalising the Order by clicking the “Order” button.
•The Contract with the Consumer is concluded the moment the Order is finalised.
•The processing of a Consumer’s Order paid on delivery begins immediately, whereas the processing of an Order paid by a bank transfer or an electronic payment system begins after the Consumer’s payment is accounted for on the Seller’s bank account, which should take place up to 30 days after finalising the Order, unless the Consumer was not able to make the payment due to force majeure and informed the Seller about this in a timely manner.
•The Contract with the Customer is concluded the moment the Order is received by the Seller, of which the Customer is informed up to 48 hours after the Order is finalised.
•The processing of a Customer’s Order paid on delivery begins immediately, following the conclusion of the Contract, whereas the processing of an Order paid by a bank transfer or an electronic payment system begins after the Contract is concluded and the payment is accounted for on the Seller’s bank account.
•The processing of the Customer’s Order may be dependent on the Customer making a full or a partial payment for the Order’s value, or acquiring a buyer’s credit of a value equal to at least the Order’s value, or receiving the Seller’s permission to send the Order paid on delivery.
•The Subject of the Contract is sent within the timeframe specified on the Product Page, and for Orders composed of multiple Products, within the longest timeframe of the timeframes specified on all Product Pages. The timeframes are counted starting with the moment of finalising the Order.
•The purchased Subject of the Contract is, along with the Proof of Purchase chosen by the Buyer, sent by means of the Shipping method specified by the Buyer, to the location specified by the Buyer as the Transfer of Goods Location, along with additional documents, as specified in article 2, point 6b.
• The Right of Withdrawal from the Contract
•The Consumer, based on art. 27 of the Consumer Code, may withdraw from a distance Contract, without providing any reasons for doing so, and without covering any associated costs, except for costs specified in art. 33 and art. 34 of the Consumer Code.
•The timeframe within which the Contract can be withdrawn is 14 days, starting in the Transfer of Goods Moment. The timeframe is considered kept if the declaration of withdrawal is sent before the due time.
•The declaration of withdrawal from the Contract can be filed by the Consumer on a form, a template of which is provided in the attachment no. 2 to the Consumer Code, available at email@example.com, or in another way compliant with the Consumer Code.
•The Seller will immediately confirm the receipt of the declaration of withdrawal from the Contract, via e-mail, to the address provided by the Consumer during the conclusion of the Contract, or another address provided in the declaration.
•In a case of Contract withdrawal, the Contract is considered null and void.
•The Consumer is obliged to return the Item to the Seller immediately, not later than 14 days from the moment of their withdrawal from the Contract. In order to consider the timeframe as kept, it is sufficient to send the Item back to the Seller before the period of 14 days passes.
•The Consumer covers the costs of sending the Item back to the Seller.
•The Consumer does not cover the costs of delivery of digital content, not saved on a material data carrier, if they did not consent to provide the service before the deadline for Contract withdrawal passes, or they were not informed that they lost the right to withdraw from the Contract the moment such consent was granted, or the entrepreneur did not deliver a confirmation in accordance with art. 5 point 1 and art. 21 point 1 of the Consumer Law.
•The Consumer is fully responsible for reduction of value of the Subject of the Contract as a result of its usage exceeding the extent necessary to establish the nature, characteristics and the functioning of the goods.
•The Seller shall return to the Consumer all applicable payments immediately, not later than 14 days after receiving the declaration of withdrawal from the Contract, including the costs of shipping the goods to the Consumer. If the Consumer did not choose the least expensive shipping method offered by the Seller, the Seller will not return the excess costs to the Consumer as per art. 33 of the Consumer Law.
•The Seller will return the payment by means of the same Payment Method as chosen by the Consumer, unless the Consumer explicitly agrees to a different payment method that would incur no additional costs.
•The Seller may withhold the return of the payment to the Consumer until they receive the Items sent back by the Consumer, or a proof that the Items have indeed been sent, depending on which event occurs earlier.
•The Consumer is not entitles to withdraw from the Contract, in accordance with art. 38 of the Consumer Law, in the following instances:
◦when the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur before the deadline of withdrawal from the Contract is due;
◦when the Subject of Contractual Obligations is a nonprefabricated item, produced in accordance to specific instructions of the Consumer, or serving to fulfil their custom needs;
◦when the Subject of Contractual Obligations is an item liable to deteriorate or expire rapidly;
◦when the Subject of Contractual Obligations is contained in a sealed package, and may not be returned due to hygienic or health-related reasons once the package is opened following the delivery;
◦when the Subject of Contractual Obligations is an item that, by its nature, following the delivery, will be inextricably connected with another item;
◦when the Subject of Contractual Obligations is a sound or visual recording or computer programs delivered in a sealed package, if the package was opened following the delivery;
◦when the Contract concerns digital content, not saved on a material data carrier, if the contractual obligations began with an explicit consent of the Consumer before the deadline for withdrawal from the Contract was due and once the entrepreneur informed the Consumer that their right to withdraw from the Contract is no longer valid;
◦when the Contract concerns delivery of newspapers, magazines, or periodicals, unless the Contract concerns a subscription service.
•The Seller, based on art. 558 point 1 of the Civil Code, excludes their liability for Physical or Legal Defects (warranty) with regards to Customers.
•The Seller is liable for Defects (warranty) with regards to the Consumer in accordance with art. 556 and following articles of the Civil Code.
•In cases of Contracts concluded with Consumers, if a Physical Defect is detected within one year from the Transfer of Goods Moment, it is assumed that the Defect already existed at the time of the transfer of risk onto the Customer.
•If a Defect is detected in an Item, the Consumer may:
◦file a declaration demanding the price be lowered;
◦file a declaration of withdrawal from the Contract.
•The Consumer may demand to replace the Item with another one, free from any Defects, or the Consumer may demand that the Seller removes the defect from the Item, unless this process happens to be impossible or would require disproportionate costs. The assessment of the cost of such an operation takes into account the value of an Item free of any Defects, the type and the gravity of the detected Defect, and any inconveniences resulting from alternative ways of fixing the issue.
•The Consumer may not withdraw from the Contract if the Defect is found to be immaterial.
•If a sold Item is found to have a Defect, the Consumer may also:
◦demand that the item be replaced with another one, free from any Defects;
◦demand that that the Defect be removed.
•The Seller is obliged to replace the damaged Item with another one, free from any Defect, or remove the Defect, in a reasonable period of time, avoiding any unnecessary inconvenience for the Consumer.
•The Seller may refuse the Consumer’s demand, if removing the Defect in a way demanded by the Buyer is impossible or would incur unreasonably high costs in comparison to the way proposed by the Seller.
•In a case where the Item with the Defect has been installed, the Consumer may demand that the Seller uninstall and then install the Item again, following the removal of the Defect or the replacement of the Item with another one, free of any Defect. The Consumer is however liable to cover some of the costs of this operation, equal to the excess of the value of the original Item sold, or may demand that the Seller pays for the costs of uninstallation and installation up to the value of the original Item sold. Should the Seller not comply with these provisions, the Consumer is entitled to conduct these operations at the Sellers’s expense and risk.
•The Consumer exercising their warranty rights is obliged to deliver the Item with the Defect to the Warranty Address, at the Seller’s expense, and if the delivery of the Item due to its type or the means of its installation would be excessively difficult, the Consumer is obliged to make the Item available to the Seller in its current locations. Should the Seller not comply with these provisions, the Consumer is entitled to send the Item at the Sellers’s expense and risk.
•The costs of replacement or repairs are covered by the Seller, with the exception of the situation described in art. 5 point 10.
•The Seller is obliged to accept the Item with the Defect from the Consumer when it is being replaced by an Item free of any Defects or when the Contract is withdrawn.
•The Seller shall provide a response to the demand for lowering the price, the demand for replacing the Item with an Item free of any Defects, or the demand for removal of the Defect, within 14 days, in accordance with the art. 5615 of the Civil Code. The Seller shall provide a response to any other declaration filed by the Consumer not covered by the Civil Code’s timeframe of 14 days, within 30 days (art. 7a of the Consumer Law).
•The Seller is liable for warranty if the Physical Defect is determined up to two years after goods are transferred to the Consumer. If the item has been used, the timeframe is reduced to one year.
•The Consumer’s demands for the removal of the Defect or for replacing the Item with a defect-free version will lapse after one year following the moment of determining the Defect, but not earlier than two years since the moment the goods are transferred to the Consumer, or one year if the Item has been used.
•If the Item’s expiration date specified by the Seller or the manufacturer is equal or lower than two years, starting with the moment the goods are transferred to the Consumer, the Seller is liable for warranty for Physical Defects of that Item only when they are determined before this timeframe is due.
•Within the timeframes specified in art. 5 points 15-17, the Consumer may file a declaration of withdrawal from the Contract or a demand for lowering the price due to a Physical Defect of the sold Item, and if the Consumer demanded that the Item with the Defect be replaced with a defect-free version, or that the Defect be removed, the timeframe for filing the declaration of withdrawal or the demand for lowering the price begins at the moment that the deadline for removing the Defect or the replacement of the Item is breached.
•Should any of the warranty liabilities be contested at court or in an arbitral tribunal, the timeframe for other rights granted to the Consumer with regards to warranty is suspended until the final disposal of the court proceedings. These provisions also apply to mediation proceedings, and the timeframe for fulfilling other warranty rights granted to the Consumer starts with the moment the court accepts the settlement concluded before the mediator, or the mediation proceedings are not successfully concluded.
•To exercise warranty rights for Legal Defects of the sold Item, art. 5 point 15-16 are applied, however the timeframe begins on the day the Consumer learned of the Defect’s existence, and if the Consumer learned of it as a result of third party proceedings, on the day that the decision on the third party proceedings became legally binding.
•If due to the Item’s Defect the Consumer filed a declaration of withdrawal from the Contract or demanded that the price be lowered, they can request that the Seller reimburses them for the losses they suffered as a result of concluding the Contract without knowing of the Item’s Defect, even if the Seller is not responsible for the Defect. More specifically, the Consumer may demand the return of costs associated with the conclusion of the Contract, the costs of reception, shipping, storage, and insurance of the Item, and any other costs associated with investments that bore no profit for the Consumer and were not returned by a third party, as well as costs associate with court proceedings. This does not contradict the general provisions concerning the removal of Defects.
•If the Seller was aware of the Defect, but kept that information from the Consumer, no timeframes are applicable for the Customer’s right to warranty.
•The Seller, as long as they are liable to financial remuneration for the Consumer, shall pay the required amounts in a timely manner, not later than within the timeframes specified by the law.
•The Seller serves as the administrator of databases containing the personal data of the Store’s Consumers.
•The Seller is obliged to protect the personal data in accordance with the Personal Data Protection Act dated August 29th 1997 and the Electronic Services Act dated July 18th 2002. The Buyer, when submitting their personal data when placing the Order, consents to have their personal data processed by the Seller for the purposes of the processing of their Order. The Buyer may at any time inspect, correct, update, or delete their personal data.
•None of the provisions of these Terms and Conditions are aimed at infringing on the Buyer’s rights. Neither may they be interpreted as such, seeing as in any cases of discrepancies between an element of these Terms and Conditions and the general rules of law, the Seller declares unconditional superiority of the general rules of law in place of the questioned provision.
•Any changes in these Terms and Conditions will be conveyed to registered Buyers via e-mail (sent to the e-mail address provided during registration or placing an Order). The relevant notification will be sent at least 30 days before the new Terms and Conditions come into law. Any such changes will be aimed at reconciling the Terms and Conditions with the regulations of the general law.
•An up-to-date version of the Terms and Conditions is always available for the Buyer in the Terms & Conditions tab (http://lykowarsaw.pl/regulamin/). The Buyer is bound by the terms and conditions that they accept when placing an Order, during the entire process of order processing and post-sale assistance. Should the Consumer consider the up-to-date version as more preferable than the version they are bound with, they may inform the Seller of their preference to be bound by the updated version.
•In any cases not regulated by these Terms and Conditions, relevant provisions of the general law are applicable. Any conflicting matters, should the Consumer wish to do so, are resolved by means of arbitration proceedings before the Provincial Inspectorate of Trade Inspection. The Consumer may also utilise equivalent methods of pre-litigation or out-of-court conflict resolution, e.g. by means of the EU ODR Internet platform, or by choosing any of the applicable authorised entities in the OCCP Registry. The Seller declares and consents to an out-of-court resolution of a consumer conflict.
Finally, any matters may be resolved by a common court of competent jurisdiction and proper venue.
The following methods of payment are supported within the store:
• Via a bank transfer
Transfers are to be made to the following bank account:
ŁYKO SP. Z O. O.,
1 Praskiego Pułku WP 5/6,
Warszawa 04-053, POLAND
ACCOUNT NUMBER: PL 97 1140 2004 0000 3802 7629 1279
- Via an electronic payment system;
- Via PayPal.
The payments are returned to the bank account from which the original payment originated. The timeframes related to order processing are counted from the moment the payment was authorised.