Shop regulations
Date of publication: 30.08.2024
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Shop and set out the rules for the use of the Online Shop and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Shop.
GENERAL PROVISIONS
1. These terms and conditions of the online store (hereinafter: the “Terms and Conditions”) set out the rules and conditions for using the online store “lovesaints.pl” operating at the website address www.lovesaints.pl (hereinafter: the “Store”).
2. These Terms and Conditions are the regulations referred to in Article 8(1)(1) of the Act of July 18, 2002 on the provision of electronic services.
3. The Store is owned by LOVE SAINTS AGNES DZWONEK, ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, NIP: 6381656811 (hereinafter: the “Seller” or the “Service Provider”).
4. The online store is available in the domain lovesaints.pl/store and on the relevant subpages operated by the Seller.
5. As part of its business activities, the Seller:
– conducts the sale of physical Goods, which may be purchased by Buyers;
– provides Users with the Account Service;
6. Before starting to use the Store, the Client is obliged to read the Terms and Conditions and the Privacy and Cookie Policy posted on the website lovesaints.pl/polityka-prywatnosci/. The condition for using the Store and concluding a Contract with the Seller (both the Sales Agreement and the Newsletter Access Agreement) is the acceptance of the provisions of the Terms and Conditions. By accepting the provisions of the Terms and Conditions, the Client agrees to all its provisions and undertakes to comply with them.
7. Acceptance of the Terms and Conditions is voluntary but necessary to place an Order and conclude a Contract via the Store.
8. The Seller provides the Terms and Conditions to the Client free of charge before the start of using the Store. The Client may save the content of the Terms and Conditions in a manner convenient for them, e.g., by saving it on a durable medium or printing it.
9. The information on the Store’s website does not constitute an offer within the meaning of the law but an invitation to conclude a Contract.
10. Digital Content and all other materials, texts, descriptions, video materials, graphics, and logos posted in the Store are the property of the Seller or have been used by the Seller with the consent of third parties holding copyright or other intellectual property rights. Copying photos and other graphic materials without the written consent of the Seller or another third party holding such rights is prohibited.
DEFINITIONS
Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity;
Client – a Buyer who intends to conclude or has concluded a Sales Agreement with the Seller, as well as a User or Subscriber;
Buyer – a person who is a Consumer, Entrepreneur, or Entrepreneur with Consumer Rights, who intends to conclude or has concluded a Sales Agreement with the Seller;
User – a person who is a Consumer, Entrepreneur, or Entrepreneur with Consumer Rights who has created an Account in the Store;
Subscriber – a person who is a Consumer, Entrepreneur, or Entrepreneur with Consumer Rights who has concluded an Agreement for the delivery of the Newsletter with the Seller or has taken actions to conclude it;
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business or professional activity in their own name;
Entrepreneur with Consumer Rights – a natural person conducting business or professional activity in their own name who has concluded an Agreement with the Seller directly related to their business activity but not of a professional nature for them, particularly in light of their business activity;
Seller/Service Provider – LOVE SAINTS AGNES DZWONEK, ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, NIP: 6381656811;
Store/Service – the online store operated by the Seller at the website address lovesaints.pl;
Distance Agreement – an agreement concluded with the Client as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using one or more means of remote communication up to the conclusion of the agreement;
Digital Service – a service provided electronically by the Service Provider to the Client via the Online Store, in particular, a service consisting of delivering the Newsletter or the Account Service;
Terms and Conditions – these Terms and Conditions of the Store;
Order – the Client’s declaration of intent submitted using the Order Form, aimed directly at concluding a Sales Agreement for the Product or Products with the Seller;
Account – the Client’s account in the Store where the data provided by the Client and information about Orders placed in the Store are stored;
Registration Form – a form available in the Store that allows the Client to create an Account;
Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the delivery and payment method;
Cart – a component of the Store’s software where the Products selected by the Client for purchase are visible, and where it is possible to determine and modify Order details, in particular, the quantity of products;
Goods (Physical Goods) – a movable item available in the Store within the meaning of the Civil Code provisions that can be purchased by the Buyer;
Digital Content – all digital content offered via the Store, including texts, images, graphics, video materials, photos, or sounds, which are works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights. These are also data that, when processed using appropriate software and equipment, can produce specific information;
Day – a calendar day;
Business Day – a day from Monday to Friday, excluding statutory public holidays;
Sales Agreement – a sales agreement for Goods concluded between the Seller and the Client via the Online Store;
Agreement for the Delivery of the Newsletter – an agreement for the delivery of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber undertakes to provide the Seller with personal data;
Newsletter – digital content within the meaning of the Consumer Rights Act, including commercial information regarding the Seller’s current activities, including information about new products and promotions available in the Store;
Agreement for the Provision of the Account Service – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;
Account Service – a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the User;
Checkbox – a form element that is a small square box that can be checked, used to submit a declaration of intent by the Client;
Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827, as amended);
Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
CONTACT WITH THE STORE
1. For any matters related to Orders or the operation of the Store, please contact the Seller using one of the available communication methods:
- via traditional mail at the address: LOVE SAINTS AGNES DZWONEK, ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, NIP: 6381656811
- via email at: info@lovesaints.pl
2. The Client can contact the Seller by phone between 9:00 AM and 4:00 PM.
TECHNICAL REQUIREMENTS
1. To use the Store, including browsing the Store’s assortment and placing Orders for Goods, the following are required:
a) an end device with Internet access and a web browser capable of displaying hypertext documents on the device’s screen, linked on the Internet via the WWW service, supporting the JavaScript programming language, and accepting cookie files,
b) an Internet connection,
c) an active email account,
d) enabled cookie support,
e) installed FlashPlayer software.
2. Within the Store, it is prohibited for Clients to use viruses, bots, worms, or other computer codes, files, or programs (in particular, scripts and applications that automate processes or other codes, files, or tools).
3. The Seller informs that it employs cryptographic protection of electronic transfers and digital content through appropriate logical, organizational, and technical measures, particularly to prevent unauthorized third-party access to data, including SSL encryption, password protection, and antivirus or anti-malware programs.
4. The Seller informs that despite the safeguards referred to in section 3 above, the use of the Internet and electronic services may be subject to the risk of harmful software accessing the Client’s IT system and device, or third parties gaining access to data stored on such a device. To minimize this risk, the Seller recommends using antivirus programs or tools that protect online identity.
5. Before using the Store, the Client is obliged to check whether their device meets the technical requirements specified in the Terms and Conditions.
RULES FOR USING THE STORE
1. The Client is obliged to use the Store in a manner consistent with applicable laws, the provisions of the Terms and Conditions, and good practices. The Client is required to use all content available in the Store only for their personal use under the granted license and not to provide or transmit any unlawful content.
2. The Seller bears no responsibility for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
3. Placing orders for Goods available in the Store’s assortment is possible either after creating an Account or by providing the necessary personal and address data to fulfill the Order without creating an Account.
4. The Client cannot make a purchase anonymously, under a pseudonym, or using incorrect personal data.
5. The Client has the option to modify the Order until the activation of the “Order with obligation to pay”/”Buy and Pay” button.
6. The Seller reserves the right not to fulfill the Order in the following cases:
- incorrect/incomplete completion of the Order Form (missing all data necessary to fulfill the Order),
- non-receipt of payment within 7 days from placing the Order (in the case of choosing the prepayment option).
7. Failure to inform the Seller about changes to the data provided by the Client in the Order Form results in the assumption that any information sent by the Seller based on the above-mentioned data has been received by the Client and that the Client has had the opportunity to read its content.
CREATING AN ACCOUNT IN THE STORE
1. To create an Account in the Store, the Registration Form must be completed. The following information is required: First Name, Last Name, Country, Address – street, postal code, city/town, Phone Number, and Email Address.
2. Creating an Account in the Store is free and optional.
3. Logging into the Account is done by providing the login and password established in the Registration Form.
4. The Client has the right to delete the Account at any time, without providing a reason and without incurring any fees, by submitting an appropriate request to the Seller, particularly via email or in writing to the addresses provided in the Terms and Conditions.
SALE AGREEMENT FOR PHYSICAL GOODS
1. To conclude a Sale Agreement for physical Goods offered in the Store, the Buyer should complete the following steps:
1) visit the Store’s website;
2) go to the page of the selected physical Good and click the “Add to cart” option;
3) go to the “Cart” tab;
4) optionally, select the quantity of products and click the “Update cart” option;
5) optionally, enter a coupon code and click the “Apply coupon” option;
6) click the “Proceed to checkout” option;
7) log in to the Account or use the option to place an Order without registration;
8) in the displayed form, enter or select the following data:
first and last name or company name;
country/region;
email address;
phone number;
residential/business address (street, house number, apartment number, city/town, postal code, country);
shipping address (if different from the residential/business address);
optionally – company name and VAT ID (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer Rights);
payment method;
delivery method;
9) optionally add comments to the Order;
10) select the payment method;
11) optionally – if no Account has been created, check the “Create an account?” Checkbox;
12) optionally check the “Ship to a different address?” Checkbox and provide the shipping address for the Goods;
13) mandatory – check the Checkbox for the statement acknowledging familiarity with the Terms and Conditions and Privacy Policy and accepting their provisions;
14) click the “Order with obligation to pay”/”Buy and Pay” option, and then make the payment for the Good(s) in accordance with the selected payment method.
2. The Buyer acknowledges and understands that by clicking the “Buy and Pay” button, they are entering into an Agreement with the Seller, which imposes a payment obligation on the Buyer.
3. After placing an Order, the Buyer will receive confirmation of its submission at the email address provided.
4. If the Order cannot be fulfilled, the Seller will promptly notify the Buyer via a message sent to the email address provided. In the case described in the preceding sentence, no Sale Agreement is concluded between the Seller and the Buyer. If the Order was previously paid for by the Buyer, the Seller will promptly refund all payments made.
5. If the Order is accepted for processing, the Seller will notify the Buyer via a message sent to the email address provided.
6. If the submitted Order, for which the Buyer selected the option of prepayment for the Goods, is not paid for within 7 days from its submission, the Seller has the right to withdraw from the Sale Agreement and cancel the Order within 7 days from the ineffective expiry of the payment deadline. Withdrawal from the Sale Agreement and cancellation of the Order will occur through a relevant statement sent by the Seller to the email address provided by the Buyer.
PAYMENT METHODS
1. The current payment methods are specified in the Store at the time the Buyer expresses their intention to conclude a Sales Agreement.
2. The following payment methods are available for the ordered Goods:
- payment by bank transfer to the Seller’s bank account;
- payment via the Tpay payment system.
3. If the Buyer chooses an upfront payment method (bank transfer, electronic payments, or payment by card), the Buyer is obliged to make the payment within 7 days from the conclusion of the Sales Agreement.
4. If the Buyer chooses cash on delivery (payment upon receipt of the shipment) or cash payment for personal collection, the Client is required to make the payment upon receipt of the shipment.
5. If the Buyer wishes to receive a VAT invoice, they are required to provide a tax identification number (NIP) in the Order Form. The VAT invoice will be sent to the email address provided by the Buyer, to which the Buyer consents.
6. The Buyer may submit a complaint regarding Payments. Complaints are handled in accordance with the rules of the Payment Operators.
7. The date of payment is considered the date on which the Seller’s bank account is credited.
PRICES
1. The prices of Goods listed in the Store are expressed in Polish zloty and are gross prices, which means they include all mandatory price components, including taxes required by applicable law, such as VAT.
2. The Seller does not use mechanisms for individually adjusting prices in the Store based on automated decision-making.
3. The Seller provides information on the lowest price of a given Good that was in effect during the 30-day period before the price reduction was introduced.
4. If a given Good has been offered for sale in the Store for less than 30 days, the Seller will display, alongside the reduced price, information about the lowest price of the Good that was in effect from the day the Good was first offered for sale until the day the price reduction was introduced.
5. The Seller does not use tools from external providers to implement the requirements related to pricing, promotions, discounts, and their presentation on the Store’s website and subpages.
DELIVERY OF PHYSICAL GOODS
1. The Buyer can choose one of the following methods for delivering physical Goods:
– parcel delivered to a Service Point, prepayment PLN 21.00 including VAT (Shipping time is 1 to 2 business days, while the total order processing time is approximately 12 business days).
– parcel delivered to a Service Point, cash on delivery PLN 27.00 including VAT (Shipping time is 1 to 2 business days, while the total order processing time is approximately 12 business days).
– courier delivery by DHL Courier, prepayment PLN 22.00 including VAT (Shipping time is 1 to 2 business days, while the total order processing time is approximately 12 business days).
– courier delivery by DHL Courier, payment on delivery PLN 27.00 including VAT (Shipping time is 1 to 2 business days, while the total order processing time is approximately 12 business days).
– personal collection at the Seller’s headquarters at ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, free of charge after prior arrangement.
2. The Seller delivers Goods only to addresses located within the territory of the Republic of Poland.
3. The delivery of Goods to the Client is subject to a fee unless the Sales Agreement states otherwise. Delivery costs (including transport, shipping, and postal service fees) are specified on the Store’s website in the delivery cost information section and during the Order process, including at the time the Client expresses their intention to enter into a Sales Agreement.
4. Personal collection of Goods by the Client is free of charge.
5. The Goods will be shipped within 12 business days from the day:
- of the payment for the Order being credited to the Seller’s bank account – in the case of prepayment (advance payment) by the Buyer;
- the Buyer receives a message confirming the Order has been processed – in the case of cash on delivery payment option.
6. If the Client selects the option of personal collection, the Order will be ready for pickup at the Seller’s headquarters within 7 business days. The Seller will additionally inform the Client about the readiness of the Goods for pickup. The starting point for the readiness period is as follows:
from the day the payment is credited to the Seller’s bank or settlement account – in the case of prepayment;
from the day of concluding the Sales Agreement – in the case of cash payment upon pickup.
7. The Seller is obliged to deliver physical Goods to the Buyer in accordance with the Sales Agreement.
8. If the physical Goods are delivered by courier, the Buyer should check the Goods in the courier’s presence. If the parcel is damaged, the Buyer should prepare a damage report and contact the Seller.
9. If the Goods are not shipped within the timeframe specified in section 5 above or if the Buyer is not notified of the readiness for pickup within the timeframe specified in section 6 above, the Buyer may request the Seller to ship or prepare the Goods for pickup. This request can be sent via email to the address specified in the Terms and Conditions. If the Seller does not ship the Order or prepare it for pickup promptly after receiving the request or within an additional agreed timeframe, the Buyer may withdraw from the Agreement.
10. Withdrawal from the Agreement requires the Buyer to submit a declaration of withdrawal to the Seller. The declaration may be submitted via email to the address specified in the Terms and Conditions.
11. The Seller is obliged to refund the price paid by the Buyer promptly, but no later than within 14 days from the day of receiving the Buyer’s declaration of withdrawal from the Agreement. The refund will be made using the same payment method used by the Buyer unless the Buyer explicitly agrees to a different refund method.
12. The provisions of sections 9-11 above do not apply to Buyers who are Entrepreneurs.
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. A Consumer who has concluded a distance agreement may withdraw from it within 14 calendar days from the day of taking possession of the physical Goods by themselves or a third party indicated by them who is not the carrier, without giving any reason.
2. The right of withdrawal from the Sales Agreement is exercised by submitting a declaration of withdrawal from the Sales Agreement to the Seller (hereinafter: the “Declaration”). To meet the deadline for withdrawal, it is sufficient to send the Declaration to the Seller before the deadline specified in section 1. The Declaration of withdrawal may be sent to the Seller’s correspondence address or via email.
3. A sample withdrawal form is included in Appendix No. 1 to the Terms and Conditions, available HERE. The Consumer may use the sample form but is not obligated to do so.
4. The Seller will send the Buyer confirmation of receipt of the Declaration promptly after receiving it via email.
5. Effects of withdrawal from the agreement:
1) In the event of withdrawal from a distance agreement, the agreement is considered null and void.
2) The Consumer is obliged to return the Goods to the Seller or deliver them to a person authorized by the Seller without delay, no later than 14 calendar days from the day they withdrew from the Agreement, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to send the Goods back before it expires. The Consumer may return the Goods to the following address: LOVE SAINTS AGNES DZWONEK, ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, NIP: 6381656811
3) The Seller will promptly, no later than within 14 days from the day of receiving the Consumer’s Declaration of withdrawal, refund all payments made by the Consumer, including the cost of delivering the Goods. The Seller will refund the payment using the same method of payment used by the Consumer unless the Consumer explicitly agrees to a different refund method that does not incur any costs for them.
4) If the Seller has not offered to collect the Goods from the Consumer, they may withhold the refund of payments received from the Consumer until the Goods are returned or the Consumer provides proof of having sent the Goods back, whichever occurs first.
5) The Consumer bears the direct costs of returning the physical Goods. If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obligated to refund the additional costs incurred by the Consumer.
6) The Consumer is responsible for any decrease in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish their nature, features, and functioning, unless the Seller failed to inform the Consumer about the right of withdrawal.
6. The right of withdrawal from a distance agreement does not apply to the Consumer in relation to agreements specified in Article 38(1) of the Consumer Rights Act.
7. Provisions concerning the Consumer also apply from January 1, 2021, to a Service Recipient or Client who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement indicates that it does not have a professional character for that person, arising in particular from the scope of their business activity made available under the regulations of the Central Registration and Information on Business.
COMPLAINT HANDLING PROCEDURE
1. The complaint handling procedure is the same for all complaints submitted to the Seller.
2. A complaint may be submitted in writing to the address: LOVE SAINTS AGNES DZWONEK, ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, NIP: 6381656811, or electronically via email to: info@lovesaints.pl.
3. The shipment or return of Goods under a complaint may be sent to: LOVE SAINTS AGNES DZWONEK, ul. gen. Zygmunta Waltera Jankego 249, 40-616 Katowice, NIP: 6381656811.
4. These provisions apply only to non-compliance of physical Goods with the Sales Agreement where the Buyer is a Consumer or an Entrepreneur with Consumer Rights.
5. It is recommended that the complaint description includes:
1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity or non-compliance with the agreement;
2) the requested method to bring the Goods into compliance with the agreement, a statement on a price reduction, withdrawal from the agreement, or another claim;
3) contact details of the person submitting the complaint – this will facilitate and expedite the processing of the complaint.
6. If the contact details provided by the person submitting the complaint change during the complaint process, they are required to notify the Seller.
7. The person submitting the complaint may attach evidence (e.g., photos, documents, or the Goods) related to the subject of the complaint. The Seller may also request additional information or evidence (e.g., photos) if this facilitates and speeds up the complaint process.
8. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the day it was received.
9. The legal basis and scope of the Seller’s statutory liability are determined by applicable legal provisions, particularly the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means. Below are additional details regarding the Seller’s liability for compliance of Goods with the Sales Agreement:
In the case of a complaint concerning Goods purchased by the Client under a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in effect until December 31, 2022, apply, particularly Articles 556-576 of the Civil Code. These provisions specify the basis and scope of the Seller’s liability to the Client if the sold Goods have a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for Products purchased as mentioned above is excluded for Clients who are not Consumers.
In the case of a complaint concerning Goods purchased by the Client under a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in effect from January 1, 2023, apply, particularly Articles 43a – 43g of the Consumer Rights Act. These provisions specify the basis and scope of the Seller’s liability to the Consumer in the event of non-compliance of the Goods with the Sales Agreement.
10. In addition to statutory liability, a warranty may be provided for the Goods – this is a contractual (additional) liability and can be used if the Goods are covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed conditions regarding warranty liability, including information about the entity responsible for fulfilling the warranty and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or other relevant documentation related to the warranty.
AGREEMENT FOR THE DELIVERY OF THE NEWSLETTER
1. To conclude an Agreement for the delivery of the Newsletter, the Client must complete the following steps:
- visit the Store’s website;
- enter their email address in the form located on the Store’s website;
- check the Checkbox to agree to receive the Newsletter,
- read and accept the Terms and Conditions and Privacy Policy;
click the “Join” option.
2. Clicking the “Join/Subscribe” option is equivalent to the Client entering into an Agreement for the delivery of the Newsletter.
3. The Agreement for the delivery of the Newsletter may also be concluded by checking the Checkbox to agree to receive the Newsletter during the conclusion of the Sales Agreement. In this case, the Agreement for the delivery of the Newsletter is concluded at the moment of concluding the aforementioned Agreement.
4. The Agreement for the delivery of the Newsletter is concluded for an indefinite period.
5. The Service Provider informs, and the Client acknowledges, that:
- the Newsletter is not subject to updates;
the frequency and timing of Newsletter delivery are not predetermined and depend on the Service Provider’s current circumstances.
6. The Newsletter is delivered via email to the email address provided by the Client.
7. The Subscriber may terminate the Agreement for the delivery of the Newsletter at any time and without providing a reason, with immediate effect. Furthermore, pursuant to Articles 27 and following of the Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Agreement for the delivery of the Newsletter without providing a reason, within 14 days from the date of its conclusion.
8. Withdrawal from or termination of the Agreement for the delivery of the Newsletter, regardless of the basis for this action, requires the Subscriber to submit an appropriate declaration to the Service Provider. The declaration mentioned in the previous sentence may be submitted by:
- the Subscriber clicking the link to unsubscribe from receiving the Newsletter, which is included with every Newsletter;
- sending a declaration of withdrawal or termination of the Agreement for the delivery of the Newsletter to the Service Provider via email.
9. The Service Provider will stop delivering the Newsletter immediately after the Subscriber completes one of the actions specified in section 8 above.
