§ 1

Preliminary provisions

1. The lamiro24 online store, available at the internet address www.lamiro24.pl, is run by Igor Roszczyk, who is an entrepreneur operating under the name Lamiro s.c. I. J. E. Roszczyk entered into the Central Register and Information on Economic Activity (CEIDG) kept by the Minister responsible for Economy, Tax ID No (NIP) 125-08-40-291 National Official Register of National Economy Units (REGON) 012908240.
2. These Regulations are addressed both to Consumers and Entrepreneurs who use the Store and it defines the rules of using the Online Store and procedures for concluding Distance Sales Agreements via the Store.

§ 2

Definitions

1.      Consumer - a natural person making a legal transaction with the Seller via the Store, the scope of which is not directly related to that person’s business or professional activity.

2.      Seller - a natural person running a business under the name Lamiro S.C. I.J.E. Roszczyk, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the Minister responsible for Economy, Tax ID No. 125-08-40-291, REGON 012908240.

3.      Customer - any entity making purchases via the Store.

4.      Entrepreneur - a natural person, a legal person and an organizational unit without legal personality, to which the separate act grants full capacity for legal actions, who performs in its own name an economic activity that uses the Store.

5.      Store- an online store run by the Seller at the internet address www.lamiro24.pl.

6.      Distance Contract - an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of the parties, relying exclusively on one or more means of distance communication until the moment of concluding the contract.

7.      Regulations – these regulations of the Store.

8.      Order - Customer's declaration of intent submitted by the Order Form and aimed directly at the conclusion of a Product or Products Sales Agreement with the Seller.

9.      Account – Customer account in the Store that contains data provided by the Customer and information about Orders placed by him or her in the Store.

10.  Registration form - a form available in the Store, enabling the creation of an Account.

11.  Order form - an interactive form available in the Store that allows placing Orders, in particular by adding Products to the Basket, and defining the terms of the Sales Agreement, including the method of delivery and payment.

12.  Basket – an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify individual Orders, in particular the quantity of products.

13.  Product - a movable item available in the Store / a service being the object of the Sales Agreement between the Customer and the Seller.

14.  Sales Agreement - a Product sales contract that is being concluded or concluded between the Customer and the Seller via the Store. The Sale Agreement also means - depending on the nature of the Product - a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

1.      Seller's address: Lamiro s.c. I. J. E. Roszczyk, 05-230 Kobyłka ul. Gościnna 12, Poland

2.      Seller's e-mail address: lamiro_biuro@wp.pl.

3.      Seller's phone number +48 22 787 24 32.

4.      Seller's bank account number:
Bank Polska Kasa Opieki SA - Oddział in Wołomin 
IBAN: PL35124063351978001077188811 
BIC: PKOPPLPW 

5.      The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

6.      The Customer can communicate by phone with the Seller between 8AM – 4PM.

§ 4

Technical requirements

To use the Store, including viewing the Store's assortment and placing orders for Products, the Customer needs:

1.      terminal device with access to the Internet and a web browser,

2.      an active e-mail account (e-mail),

3.      enabled cookies service,

4.      FlashPlayer installed.

§ 5

General information

1.      The Seller, in the widest extent permitted by law, is not responsible for any disruptions, including breaks in the functioning of the Store, caused by force majeure, unlawful activities of third parties or incompatibility of the Store with the Customer's technical infrastructure.

2.      Browsing the Store's assortment does not require creating an Account. Placing Orders by the Customer for Products that are in the Store's assortment is possible after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data that will enable the Order to be completed without creating an Account.

3.      The last (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing the Order, as well as when expressing the will to conclude a Sales Agreement.

4.      In the case of the Agreement, which includes subscription or provision of services for an indefinite period, the last (final) price is the total price including all payments for the settlement period.

5.      In a reasonable assessment, when the nature of the subject of the Sales Agreement does not allow for the earlier calculation of the last (final) price, information on how to calculate the price, expected charges for transport, delivery, postal services and other costs will be made available in the Store in the description of the Product.

6.   The customer acknowledges that the offered products constitute a substitute for the original product, the external appearance of which is protected by the vehicle manufacturer as an industrial design. This product may only be used for the purpose of repairing the vehicle to restore its original form. In the even of a breach of the above, the customer shall be obligated to compensate the Seller for any damages, including payment of compensation to the rightful owner of the designs, and cover the legal costs incurred by the Seller in connection with such breach. 

§ 6

Creating an Account in the Store

1.      To create an Account in the Store, it is necessary to complete the Registration Form. The following data are obligatory:
a) Name and Surname                                                                                     
b) the mobile phone number                                                                                           
c) email address                                                                                                                
d) password

2.      Creating an Account in the Store is free.

3.      Logging into the Account is done by entering the login and password, which were previously set in the Registration Form.

4.      Without providing a reason and without fee being charged, the Customer may at any time delete the Account by sending a relevant request to the Seller, in particular via e-mail or by post to the addresses specified in § 3.

§ 7

The rules for placing Orders

To place Orders it is necessary to:

1.      Log in to the Store.

2.      Select the Product that is the subject of the Order, and then click the "Add to Cart" button.

3.      Click the "Order and pay" button and then confirm the Order by clicking the link sent to the e-mail.

4.      Choose one of the available delivery methods and then depending on the chosen method of payment pay for the order within a specified period, subject to § 8 point 3.

§ 8

Available delivery methods and payments

1.      The Customer may use the following methods of delivery or collection of the ordered Product:

1. Courier shipment,

2. Personal collection at: Hall No. 5, 9M Łukaszewicza Street, 05-200 Wołomin, Poland.

2.      The Customer may use the following methods of payment:

1. Payment on delivery (domestic shipments only),

2. Payment by transfer to the Seller's account,

3. Electronic payments,

4. Payment with payment card.

3.   Detailed information on delivery methods and accepted payment methods can be found on the Store's website.

§ 9

Execution of the Sales Agreement

1.      Conclusion of the Sales Agreement between the Customer and the Seller follows placing the Order by the Customer through the Order Form via the Store in accordance with § 7 of the Regulations.

2.      After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Acknowledgment of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail to the e-mail address given while placing the Order. This email shall contain at least the Seller's statement of receipt of the Order and its acceptance for execution and confirmation of the Sale Agreement. When the Customer receives the above mentioned e-mail the Sales Agreement between the Customer and the Seller is concluded.

3.      In the case of selection by the Customer:

1.      payment by bank transfer, electronic payment or payment with payment card, the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement - otherwise the order will be cancelled,

2. payment on delivery, the Customer is obliged to make a payment upon delivery of the parcel,

3. payment in cash for the Order during the personal collection, the Customer is obliged to make the payment upon receipt of the Order within 3 days from the date of receipt of information about the readiness of the Order for pickup.

4. If the Customer has chosen a delivery method other than a personal collection, the Product will be sent by the Seller within the time specified in its description (subject to point 5 of this paragraph) in the manner chosen by the Customer when placing the Order.

4.      a) In the case of ordering Products with different delivery terms, the deadline for delivery is the longest of terms.                                                                                                        
b) In the case of ordering Products with different delivery terms, the Customer has the option to request delivery of Products in parts or after completing the entire order.

5.      The beginning of the delivery of the Product to the Customer is calculated as follows:

1. In the case the Customer chooses the method of payment by bank transfer, electronic payment or with a payment card - from the day of crediting the Seller's bank account.

2. In the case the Customer chooses the method of payment on delivery - from the day of concluding the Sales Agreement.

6.      In the case of selecting a personal collection of the Product by the Customer, the Product will be ready for collection within the time specified in the Product description. The Customer will be additionally informed about the readiness of the Product by the Seller by sending an appropriate e-mail to the Customer's e-mail address given while ordering.

7.      The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are presented to the Customer on the Store's websites in the "Delivery costs" tab, when placing the Order, as well as when the Customer agrees to be bound by the Sales Agreement.

8.      The Customer's personal collection of the Product is free of charge.

9.    In the event that the Seller becomes aware or, in light of all circumstances, has reasonable grounds to suspect that the purchased part will be used by the Customer in violation of the requirements set forth in § 5 point 6 of the Regulations, the Seller may refuse to sell the product to the Customer. 

 

 

 

 

 

 

 

§ 10

The right to withdraw from the Sales Agreement

1.      The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2.      The beginning of the deadline specified in point 1 begins with the delivery of the Product to the Consumer or to a person designated by him or her and other than the carrier.

3.      In the case of a Sales Agreement, which includes many Products, which are delivered separately, in batches or in parts, the period specified in point 1 starts with the delivery of the last thing, lots of products or parts.

4.      In the case of the Sales Agreement for regular delivery of Products in a specified period of time (subscription), the period specified in point 1 starts with the delivery of the first item.

5.      The Consumer may withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement. To comply with the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of the period specified in point 1.

6.      The declaration of withdrawal may be sent by post or by 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 in the form, the specimen of which is Appendix No. 1 to these Regulations (it is also an attachment to the Act of 30 May 2014 on consumer rights), but it is not mandatory.

7.      In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the declaration of withdrawal from the Sales Agreement provided by the Consumer by e-mail.

8.      Effects of withdrawing from the Sales Agreement:

1. In the case of withdrawal from the Distance Contract, the Sales Agreement shall be considered void:

2. In the case of withdrawal from the Sales Agreement the Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, return to the Consumer all payments made by him or her, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller,

3. The reimbursement of the payment will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not involve any additional costs,

4. The Seller may withhold the return of the payment until receiving the Product or until the Customer provides proof of sending the Product back, depending on which event occurs first,

5.  The Consumer should return the product to the Seller’s address specified in this Regulations immediately, but no later than 14 days from the date on which the Seller was informed about the withdrawal from the Sales Agreement. The deadline will be respected if the Consumer sends the Product back within 14 days,

6.  The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail,

7. The Consumer is only liable for a decrease in the value of the Product that was a result of using it in a different way than it was necessary to establish the nature, characteristics and functioning of the Product.

9.      If, due to the nature of the Product, it cannot be sent back by regular mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.

10.  The right to withdraw from a Distance Contract is not entitled to the Consumer in relation to the Sales Agreement:

1. in which the object of the service is a non-prefabricated item, manufactured according to the specification of the Consumer or made to satisfy his individual needs,

2. in which the object of the service is an item delivered in a sealed package, which after opening cannot be returned due to health protection or for hygienic reasons, if the packaging was opened after delivery,

3. in which the object of the service is an item that can rapidly deterioration or an item with a short expiration date,

4. for the provision of services, if the Seller has provided the service completely with the express consent of the Consumer, who has been informed in the beginning that after fulfilling the provision by the Seller, he or she will lose the right to withdraw from the Sales Agreement,

5. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control and which may occur before the deadline for withdrawing from the Sales Agreement,

6. in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things,

7. in which the object of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,

8. in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,

9. for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement,

10.  to provide digital content that is not recorded on a tangible medium, if the service fulfilment began with the Consumer's express consent before the deadline for withdrawing from the contract and after informing the Seller about the loss of the right to withdraw from the Sales Agreement.

§ 11

Complaint and warranty

1.      The Sales Agreement may refer to new and used Products. The status of each used Product is described in detail on the Store's pages.

2.      The seller is obliged to provide the Customer with a product free from defects.

3.      If there is a defect in the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the above provisions.

4.      Complaints should be reported to the Seller’s addresses specified in these Regulations by post or by email or directly by using the electronic complaint form, which is available on one of the subpages of the Store.

5.      It is recommended that the complaint contained, among others, a brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint and the Customer's request related to the defect of the goods.

6.      The Seller will respond to the claim immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the claim within 14 days, it is considered that the Customer's request was considered justified.

7.      Items sent back as part of the complaint procedure should be sent to the following address: LamiroS.C., Hall No. 5, 9M Łukaszewicza Street, 05-200 Wołomin, Poland.

8.      If the guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

§ 12

Extrajudicial methods for dealing
with complaints and redress

1.      Detailed information on the Consumer's possibilities to use out-of-court complaint and claim settlement methods, as well as the rules governing the access to these procedures, are available in the registered seats and on the websites of poviat (city) consumer ombudsmen and social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, as well as at the following 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,
http://www.uokik.gov.pl/wazne_adresy.php.

2.      The Customer possess the following options as regards out-of-court methods of settling complaints and claims:

1. The consumer is entitled to apply to Permanent Consumer Arbitration Court at the Trade Inspection, referred to Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), requesting the settlement of a dispute arising from a Sales Agreement,

2. The consumer is entitled to address the Voivodeship inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), requesting mediation proceedings for the purpose of amicably settling a dispute between the Customer and the Seller,

3. The consumer can get free assistance in settling the dispute between him or her and the Seller, also using the free help of the Poviat (city) consumer ombudsman or social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the Online Store

1.      The Administrator of personal data of Customers collected via the Store is the Seller.

2.      Customers' personal data collected by the Administrator via the Store are collected in order to execute the Sales Agreement, and if the Customer agrees also for marketing purposes.

3.      Recipients of personal data of Customers of the Online Store may be:

1. In the case of choosing by the Customer of the Online Store the method of delivery by mail or courier, the Administrator provides the Customer's personal data to the selected carrier or intermediary executing the Administrator's order,

2. In the case of a Customer who uses the electronic payment or payment card in the Online Store, the Administrator provides the collected personal data of the Customer to a selected entity servicing the above payments in the Online Store.

4        The Customer has the right to access his or her data and correct them.

5        Providing personal data is voluntary, but failure to provide personal data, specified in this Regulation, that are necessary to conclude a Sales Agreement results in the inability to conclude this Agreement.

§ 14

Final Provisions

1.      Sales Agreements concluded via the Store are concluded in Polish and English.

2.      The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in the law, changes in methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.

3.      Matters, not addressed in the Regulations, are subject to the applicable law, in particular: the Polish Civil Code; Act on the provision of electronic services; the Consumer Rights Act; the Act on the Protection of Personal Data.

4.      The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, the customer may file a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/.