RULES OF THE SHOP www.4lck.com
TABLE OF CONTENTS:
Electronic services in online store
Conditions for concluding the sale agreement
Ways and terms of payment for the product
Cost, methods and delivery date of the product
Right to withdrawal from an agreement
Right to product exchange
Provisions concerning entrepreneurs
Shop under the internet address www.4lck.com is run by 4lck Sp. z o.o. (Ltd.) with its registered office in Poland, Majdan (05-462) at Krajobrazowa 8 Street, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw with the KRS number: 0000572465, Tax Identification Number: 5322053625, REGON number: 362353152, email@example.com.
These Regulations are directed both to consumers and to entrepreneurs using the Shop (except point 9 hereof).
Working Day - one day from Monday to Friday excluding public holidays.
Registration Form - the form available in the Shop that allows the creation of an Account.
Order Form - Electronic Service, interactive form available in the Shop that allows the placing of Order, in particular by adding Products to the electronic cart and establish conditions of the Sale Agreement, including the method of delivery and payment.
Client - (1) a natural person having full legal capacity, and in the cases provided by the generally applicable rules also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law confers the legal capacity; - Who has concluded or intends to conclude the Sale Agreement with the Seller.
Civil Code - Civil Code Act of 23 April 1964 (Journal of Laws 2014 pos. 121).
Consumer - natural person which acts the law with the Shop not directly related to his business.
Account - Electronic Service, marked with an individual name (login) and password given by the Client, a set of resources in the Provider's ICT system where data provided by the Client and the information concerning Orders placed by him in the Shop are collected.
Newsletter - Electronic Service, electronic distribution service provided by the Service Provider by e-mail, that allows all recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the Newsletter containing information about Products, news and promotions in the Shop.
The Product – movable item available in the Shop which is the object of the Sale Agreement between the Customer and the Seller.
Rules of the Shop – this Rules of the Shop.
Shop - online shop of the Service Provider available at: www.4lck.com
Seller, Service Provider – 4lck Sp. z o.o. (Ltd.) with its registered office in Poland, Majdan (05-462) at Krajobrazowa 8 Street, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw with the KRS number: 0000572465, Tax Identification Number: 5322053625, REGON number: 362353152, firstname.lastname@example.org.
The Sale Agreement – The sale agreement regarding Product concluded or being concluded between Client and the Seller through the Shop.
Electronic Service - a service provided electronically by the Service Provider to the Client through the Shop.
The Customer - (1) a natural person having full legal capacity, and in the cases provided by the generally applicable rules also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law confers the legal capacity; - using or intends to use the Electronic Services.
The Act on consumer rights, Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 pos. 827).
Order - Client's declaration of intent submitted using the Order Form and aimed directly to conduct Product’s Sale Agreement with the Seller.
The Shop offers the following Electronic Services: Account, Order Form and Newsletter.
Account - using the Account is possible after completing a total of three consecutive steps by the Consumer - (1) completing the Registration Form, (2) clicking the "Register" and (3) confirmation an intention of creating an Account by clicking the confirmation link sent automatically to the indicated e-mail address. In the Registration Form it is necessary to provide the following information concerning Consumer: e-mail address and password. Creating an Account is also possible while placing Order - in this case the Account is created together with placing the Order.
Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the ability, at any time and for any reason, to remove an Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing on the address: 4lck Sp. z o.o., Poland, Majdan (05-462), Krajobrazowa 8 Street.
Order Form - using the Order Form starts when the Client for the first time add the Product to the electronic cart in the store. Placing of an Order is succeeded after the execution by the Client in total two steps - (1) after completing the Order Form and (2) clicking on the Shop’s website after completing the Order Form the "Confirm Purchase" - until then, there is the possibility of self-modification of entered data (for this purpose please follow the prompts and information available on the website of the Shop). In the Order Form it is necessary to provide by the Client the following data: name and surname/ company name, address (street, house/apartment number, zip code, city, country), e-mail address, telephone number and information concerning the Sale Agreement: Product(-s), the quantity of Product(-s), place and way of delivery of the Product(-s), method of payment. For Clients who are not Consumers it is also necessary to provide the company name and tax identification number.
Request Form Electronic Service is provided free of charge, and a one-off and it is terminated at the time of placing the Order through it, or at the time of an earlier ceasing placing the Order through it by the Customer.
Newsletter - using the Newsletter succeeds after the execution of in total three successive steps - (1) hand in the tab "Newsletter" on the website of the Shop an e-mail address, on which subsequent editions of the Newsletter will be send, (2) clicking the "Add" and (3) confirmation of the will to sign up for the Newsletter by clicking the confirmation link sent to the specified e-mail address.
The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the ability, at any time and for any reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing on the address: 4lck Sp. z o.o., Poland, Majdan (05-462), Krajobrazowa 8 Street.
The Customer is obliged to use the Shop in a manner consistent with the law and morality with respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Customer is obliged to entry data consistent with the facts. It is forbidden for Client to provide contents which have illegal character .
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Shop (except of complaint procedures of the Product which has been indicated in point 6) Consumer may put for example:
in writing on the address: 4lck Sp. z o.o., Poland, Majdan (05-462), Krajobrazowa 8 Street;
via e-mail to the following address: email@example.com;
It is recommended to provide by the Customer in the description of the complaint: (1) the information and circumstances relating to the subject of complaint, in particular the type and date of irregularities; (2) demand of the Customer; and (3) the contact details of the complaining person - it will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements stated in the previous sentence has the form of recommendations only and do not affect the effectiveness of the complaints lodged without the recommended description of the complaint.
Respond to the complaint by the Service Provider shall be immediate, not later than within 14 calendar days from the date of its submission.
Conclusion of the Sale Agreement between the Client and the Seller proceeds after previous placing the Order by the Client using the Order Form in the Shop in accordance with paragraph 2.1.2 of the Rules of the Shop.
Products at the Shop's website are provided with the following currencies: Polish zloty (PLN), Euro (EUR) and US dollars (USD) and include taxes. There could be other currencies added and it will be shown on the web page of the shop 4lck. About a total price including taxes of the Product which is the subject of the Order, as well as about delivery costs (including charges for transport, delivery and postal service), the Client is informed on the website of the Shop when placing Order, and also at the time of the expression by the Client consent to be bound by a Sale Agreement.
The obligation to pay customs duties is on Buyer’s side.
The procedure of concluding the Sale Agreement in the Shop using the Order Form:
Conclusion of the Sale Agreement between the Client and the Seller proceeds after previous placing by the Client Order in the Shop in accordance with paragraph 2.1.2 of the Rules of the Shop.
After placing an Order the Seller shall immediately confirm its receiving and concurrently accepts the Order for execution. Confirmation of receiving the Order and its acceptance to execution proceeds by sending to the Client an appropriate e-mail message on the served during the Order process e-mail address, which includes at least statements of Seller regarding receiving the Order, its acceptance for execution and confirmation of concluding the Sale Agreement. Upon receiving by the Client an e-mail message mentioned above, the Sale Agreement between Client and Seller is concluded.
Consolidation, security, and providing the Client the content of concluded Sale Agreement occurs through (1) placing Rules of the Shop at the Shop's website and (2) sending to the Customer an e-mail mentioned in point 3.3.2 of the Rules. The content of the Sale Agreement is additionally perpetuated and secured in the IT system of the Seller’s Shop.
The Seller make available to the Client the following methods of payment under the Sale Agreement:
Payment by transfer on Seller’s bank account:
Account number for PLN: 96114010100000318146001001,
Account number for Euro: PL69114010100000318146001002,
Account number for USD: PL42114010100000318146001003,
Electronic payments and credit card payments through the service PayU.pl or PayPal.com - possible the actual methods of payment are set out at the Shop's website and on the website http://www.payu.pl. Settlement of electronic payments transactions and by credit card are carried out in compliance with Client’s choice through the service PayU.pl or PayPal.com. Support for electronic payments and payment card is conducted by:
PayU.pl – Company PayU S.A. with its seat in Poznań (headquarters adress: Grunwaldzka 182 Street, 60-166 Poznań), entered into the Register of Entrepreneurs with the KRS number 0000274399, registration files are kept by the District Court Poznań - Nowe Miasto and Wilda, fully paid share capital in the amount of 4,000,000 zł, Tax Identification Number: 779-23-08-495.
Paypal.com – Company PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.
In the event of choosing by the Client transfer payment, electronic payment or credit card payment, the Client is obliged to make payments within 2 Working Days from the date of conclusion the Sale Agreement.
Delivery of the Product to the Client is reemitted, unless the Sale Agreement provides otherwise. Product's delivery costs (including fees for transportation, delivery and postal services) are indicated to the Client at the website of the Shop in the tab "Payments and Delivery" and when placing the Order, also at the time of the expression the will by the Client to be bound by Sale Agreement.
The Seller make available to the Customer following delivery methods of the Product:
Courier in Poland – 9,90 PLN,
Postal shipment in Poland – 6,90 PLN,
Postal shipment worldwide – 18,50 PLN,
Product delivery date to the Client amounts up to 5 Working Days in Europe and 10 Working Days beyond Europe, unless in the description of the Product or in the process of placing the Order there are shorter deadline given. In the case of Products with different delivery dates, the delivery date is the longest given period, which however may not exceed the deadlines. Start of the period of delivery of the Product to the Client is calculated in the following manner:
In case of choosing by the Client the payment by transfer, electronic payment or credit card - from date of crediting a bank account or billing account of the Seller.
Basis and the scope of responsibility of the Seller in regards to the Client, if the sold Product has a natural or legal (warranty) defect are defined in generally applicable laws, in particular in the Civil Code.
The Seller is obliged to provide the Client with Product without defects. Detailed information concerning Seller's liability due to a defect of the Product and Client's entitlements are defined on the website of the Shop in the tab "Claims and returns".
The complaint may be filed by the Client:
in writing on the address: 4lck Sp. z o.o., Poland, Majdan (05-462), Krajobrazowa 8 Street;
via e-mail to the following address: firstname.lastname@example.org.
It is recommended that the Client gives in the description of the complaint: (1) the information and circumstances related to the subject of complaints, in particular the type and date of occurrence of the defect; (2) demand the way to bring the Product into compliance with the Sale Agreement or statement about price reduction or withdrawal from the Sale Agreement; and (3) the contact details of the complaining person - this will facilitate and expedite the consideration of the complaint by the Seller. The requirements stated in the previous sentence take the form of recommendations only and do not affect the effectiveness of the complaints lodged without the recommended description of the complaint.
The Seller shall refer to Client's complaint immediately, but no later than within 14 calendar days from the date of its receiving. No Seller’s respond in the above period, means that the Seller considered the complaint to be justified.
In the case where to respond by the Seller on a Customer complaint, or to execute the Customer's rights under warranty it will be necessary to provide the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the expense of the Seller at the address 4lck Sp. z o.o, Krajobrazowa 8 Street, 05-462 Majdan, Poland. If, due to the type of defect, type of Product or the way of its mount, providing by the Client is impossible or excessively difficult, the Client will be asked to provide, upon prior appointment, Product to the Seller in the place where the Product is located.
Request to provide a Product referred to in point 6.6 of the Rules shall not affect the deadline to respond to the Client's complaint by the Seller referred to in point 6.5 Rules of the Shop.
A Consumer who has concluded a remote agreement may, within 14 calendar days to withdraw from it without giving any reason and at no cost, except those referred to in paragraph 7.8 of the Rules. To meet the deadline it is enough to send a statement before its expiry. The statement of withdrawal may be submitted:
in writing on the address: 4lck Sp. z o.o., Poland, Majdan (05-462), Krajobrazowa 8 Street;
via e-mail to the following address: email@example.com.
An exemplary model of withdrawal form is contained in Annex 2 to the Law on Consumer Rights.
The period to withdrawal begins:
For an agreement in the performing of which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sale Agreement) - from taking the Product in the possession by the Consumer or by person designated by him other than the carrier; in case of an agreement which: (1) includes many of the Products that are delivered separately, in lots or in parts - from taking possession of the last Product, lot or piece; or (2) consists in regular deliveries of Products for a fixed period - from taking possession of the first of Products;
For other agreements - from the date of the execution.
In the event of withdrawal from a remote agreement it is considered to be non-concluded.
The Seller has an obligation to promptly, but not later than within 14 calendar days of receiving the declaration of the consumer to withdraw from the agreement, to return to the consumer all payments made by him, including the cost of delivery of the Product (except additional costs resulting from the Client’s method of delivery other than plain cheapest delivery method available in the store). Seller shall refund the payment using the same method of payment, which used the consumer, unless the consumer has expressly agreed to a different way of return, which does not incur any cost. If the Seller did not propose that he will take the Product from a consumer on his own, he may withhold the payments received from the consumer to the moment of receiving the Product back or receiving the evidence of its return, depending on which event occurs first.
The consumer has an obligation to immediately, but no later than within 14 calendar days from the date on which he withdrew from the agreement, to return the Product to the Seller or give it to a person authorized by the Seller to receive, unless the Seller has proposed that he will take the Product himself. To meet the deadline it is enough to return the Product prior to its expiration. The Consumer may return the Product to the address: 4lck Sp. z o.o., Krajobrazowa 8 Street, 05-462 Majdan, Poland.
The consumer is responsible for the reduction in value of the Product which result from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs related to the withdrawal by the consumer from the agreement, which the consumer is obliged to borne:
If the consumer chose the method of delivery of the Product other than ordinary, cheapest delivery method available in the Shop, the Seller is not obliged to reimburse the consumer extra costs incurred by him.
The Consumer bears the direct costs of returning the Product.
In the event of the Product being a service, which performing - at the express request of the consumer - have started before the deadline to withdraw from the agreement, the consumer who exercises his right of withdrawal after filing such a request, is obliged to pay for services completed to the time of withdrawal. The amount of the payment is calculated in proportion to the scope of fulfilled provision, including the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating of the amount is the market value of a fulfilled provision.
The right of withdrawal from a remote agreement is not granted to the Consumer in respect of agreements:
For services, if the Seller performed a full service with the express consent of the consumer, who has been informed before the performing, that after provision by the Seller he will lose the right to withdraw from the agreement; (2) in which the price or remuneration depends on fluctuations in the financial market on which the Seller has no control, and which may occur before the deadline for withdrawal; (3) the subject of which is non-prefabricated Product, manufactured according to the specifications of the consumer or used to satisfy the individual needs; (4) in which the subject is the Product undergoing rapid decay or having a short shelf life; (5) in which the subject is the Product delivered in sealed package that after opening can not be returned due to health protection or hygiene reasons, if the package was unsealed after delivery; (6) the subject of which are Products that after delivery, due to their nature, are inextricably linked to other things; (7) in which the subject are alcoholic beverages, which price has been agreed at the conclusion of the Sale Agreement and the supply of which can only take place after 30 days and whose value depends on fluctuations in the market, on which the Seller has no control; (8) in which the consumer has specifically demanded that the Seller came to him to make urgent repairs or maintenance; if the Seller provides additional services other than those which the consumer demanded or provides Products other than parts necessary for repair or maintenance, right to withdrawal is granted to the consumer for additional services or Products; (9) the subject of which are audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals or magazines, except of subscriber agreement; (11) concluded in a public auction; (12) for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if in the agreement there was marked a day or period of service; (13) for the supply of digital content which are not recorded on a tangible carrier, if the performance has begun with the express consent of the consumer before the deadline to withdraw from the agreement and after being informed by the Seller about the loss of the right of withdrawal.
Regardless of points 6, 7, of the Rules the Customer has the possibility to exchange the Product for another Product available in the Shop within 14 days of the date of receipt of the Product, for convenience. To comply with this it is enough to send a statement before its expiry. The declaration may be sent to the address: 4lck Sp. z o.o., Krajobrazowa 8 Street, 05-462 Majdan, Poland or via e-mail to the following address: firstname.lastname@example.org.
The exchange can be made for another Product with the characteristics specified by the Client, provided its availability in the Shop. In the case of the difference in price between the Product cited, and which is to be replaced, respectively, Client shall be obliged to pay the difference or the Seller to its return. The Product exchanged in this mode should be unchanged. The Client can return the Product to the address: 4lck Sp. z o.o., Krajobrazowa 8 Street, 05-462 Majdan, Poland or via e-mail to the following address: email@example.com _.
The cost of returning the replaced Product to the Seller bears the Client. The cost of sending a new Product to the Client bears the Seller. Seller shall replace the Product immediately, not later than 14 days from the receipt of the Product being replaced by the Seller.
This section of the Rules and the provisions contained herein relate only to Clients who are not consumers.
The Seller is entitled to withdraw from the Sale Agreement concluded with the Client who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the the Sale Agreement in this case may be effected without giving any reason and it does not create for the Client who is not a consumer any claims against the Seller.
In the event of Clients who are not consumers, the Seller has the right to restrict the available methods of payment, including require prepayment in whole or in part, regardless of the chosen method of payment by the Client and the fact of conclusion the Sale Agreement.
With the moment of handing over the Product by the Seller to a carrier, benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Client who is not a consumer. The Seller in this case shall not be liable for any loss or damage resulting from the adoption of the Product for carriage until the release of it to the Client and for delay in the carriage of the package.
In case of sending the Product to the Client by a carrier, the Client who is not a consumer is obliged to examine the package at the time and in the manner adopted for packages of this kind. If he ascertains that during transport the loss or damage of the Product occurred, he is obliged to perform all necessary actions to determine the liability of the carrier.
In the event of Customers who are not consumers, Service Provider may terminate the agreement for Electronic Services with an immediate effect and without indicating any reasons by sending an appropriate statement to the Customer.
Any dispute arising between the Seller/Service Provider and the Client/Customerx who is not a consumer shall be resolved by the court having jurisdiction over a Seller company's seat.
Agreements concluded by the Shop are concluded in Polish. Shop provide for concluding the Sale Agreement in English.
Changing the Rules:
Service Provider reserves the right to make changes in the Rules due to important reasons i.e.: law changes; changes in the methods of payment and delivery - in the scope in which these changes affect the performance of the provisions of this Rules.
In the event of the conclusion under these Rules agreement which has continuous character (e.g. Provision of Electronic Services - Account), the amended Rules are binding for the Customer, if requirements set out in article 384 and 384 of the Civil Code have been preserved, i.e. the Customer has been properly notified about changes and do not terminated the agreement within 14 calendar days from the date of notification. In the event that a change of the Rules resulted in the introduction of any new fees or increase existing, the Customer who is a consumer has the right to withdraw from the agreement.
In the event of the conclusion under these Rules agreements of a different character than continuous (e.g. Sale Agreement), amendments to the Rules shall in no way prejudice the rights acquired by the Customers/Clients who are consumers prior to the entry into force the amendments to the Rules, in particular the amendments to the Rules will not have the impact on the already placed Orders and concluded, realized or executed Sale Agreements.
In matters not covered in this Rules of the Shop, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws 2013 pos. 1422); Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014 pos. 827 as amended); and other relevant provisions of generally applicable law.
The Service is not collecting in the automatic way any information, except information included in cookie files.
Cookie files ("cookies") are computer data, in particular text files which are kept in the User’s device and are intended to use websites of the Service. Cookies usually contain the name of a website from which they come, the time of storing them on the User’s device and the unique number.
The entity that places cookie files in the User’s device and gains access to them is an operator of the Service www.4lck.com – 4lck Sp. z o.o. with its registered office in Majdan (05-462) at Krajobrazowa 8 Street.
Cookies are used for:
the adaptation of content of websites of the Service to User’s preferences as well as the optimization of using websites; in particular these files allow to recognize the User’s device and appropriately show the website, adapted for his individual needs;
creating statistics which help to understand, in what way Users of the Service are using websites, what enable to improve their structure and contents;
maintenance of the session of the User of the Service (after log on), so that the User must not on every subpage of the Service again enter the login name and the password;
As part of the Service two fundamental types of Cookies are being applied: "session" (session cookies) and "persistent" (persistent cookies). “Session” cookie files are temporary files which are being kept in the User’s device until logging out, leaving a website or turning the software off (of web browser). "Permanent" cookie files are being stored in the User’s device for the limited period of time specified in parameters of cookie files or until they are removed by the User.
As part of the Service the following types of cookie files are being applied:
„essential" cookie files, enabling to use services available as part of the Service, e.g. authenticating cookies used for services requiring authenticating as part of the Service;
cookie files for the safety assurance, e.g. used for the detection of abuses in authenticating as part of the Service;
"efficiency" cookie files, enabling collecting information about the way of using websites of the Service.
"functional" cookie files, enabling "remember" of the settings chosen by the User and the personalization of the User interface, e.g. in the chosen language or the region from which the User comes from, font size, look of a website etc;
„advertising" cookie files, enabling delivering to Users advertising contents more adapted for their interests.
In many cases software used to view a web page (web browser) by default allows storing cookie files in User’s device. Users of the Service can change setting regarding cookie files at any time. Settings regarding cookie files may be changed in particular, to block the automatic service of cookie files in the web browser’s settings or inform about every placing them in the User’s device. Specific information regarding the possibility and ways of the service of cookie files are available in software’s settings (of the web browser).
The Operator of the Service informs, that the restrictions of using cookie files can affect on some functionalities available on websites of the Service.
Cookie files placed in the User’s device and can be also used by advertisers and partners cooperating with the Operator of the Service.
DISCOUNT RULES IN THE SHOP www.4lck.com