Regulations of the online store lumenos.pl

§1 PRELIMINARY PROVISIONS

  1. The LUMENOS.PL Internet Store, available at the following Internet address https://lumenos.pl, is run by Vendoo Kamil Pikul registered in the Central Register of Businesses (CEIDG) maintained by the competent minister for economy, NIP 729 261 54 03, REGON 101051396

  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and defines the principles of use of the Internet Shop and the principles and procedures of concluding Remote Sales Agreements with the Customer by the means of the Shop.

§2 DEFINITIONS

  1. Consumer - a natural person concluding an agreement with the Seller within the Shop, the subject of which is not directly related to his/her business or professional activity. 
  2. Seller - a sole proprietorship under the name Vendoo, registered in the Central Register of Businesses (CEIDG) maintained by the competent minister of economy, NIP 729 261 54 03, REGON 101051396.
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person but to which a separate act grants legal capacity, performing in its own name a business, which uses the Store.
  5. Store - an online store operated by the Seller at the Internet address https://lumenos.pl.
  6. Distance contract - an agreement concluded with the Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
  7. Rules - these rules of the Store.
  8. Order - Customer's declaration of will placed through the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
  9. Account - client's account in the Shop, it contains data given by the client and information about orders placed by him/her in the Shop.
  10. Registration form - a form available in the Store, allowing for creation of an Account.
  11. Order form - interactive form available in the Store which makes it possible to place an Order, in particular by adding Products to a Basket and specifying the terms of a Sales Agreement, including the method of delivery and payment.
  12. Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the quantity of products.
  13. Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Client and the Seller.
  14. Sales Agreement - a contract of sale of a Product concluded or concluded between the Client and Seller via the Internet Shop. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and contract for specific work.​​​​​​​

§3 STORE CONTACT

  1. Seller's address: Lumenos.pl, Paderewskiego 10a/16, 37-700 Przemysl, Poland
  2. Seller's e-mail address: sklep@lumenos.pl.
  3. Vendor phone number: +48 570 600 596
  4. Vendor's bank account number: PeKaO  PL89 1950 0001 2006 0054 2780 0001
  5. The Client may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
  6. The Client may communicate with the Seller by phone between 8:00 a.m. and 4:00 p.m.

§4 TECHNICAL REQUIREMENTS

In order to use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary to have

  1. a final device with access to the Internet and a web browser of the type
    • Edge,
    • Internet Explorer,
    • Chrome,
    • Safari
    • Firefox
    • Opera
    • other
  2. active electronic mail (e-mail) account,
  3. cookies enabled,

§5 GENERAL INFORMATION

  1. Seller to the fullest extent permitted by law is not responsible for disruptions, including interruptions in the functioning of the Shop due to force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address information to allow the Order to be processed without creating an Account. 
  3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final (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), of which the Customer is informed on the Store's website during the placement of the Order, including the moment of expressing his or her will to be bound by the Sales Agreement.
  5. In the case of a Contract covering subscription or provision of services for an indefinite period of time, the final (final) price shall be the total price including all payments for the settlement period.
  6. When the nature of the subject matter of the Contract does not allow, in a reasonable estimation, to calculate the final (final) price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services and other costs, shall be given in the Shop in the Product description.

§6 CREATING A STORE ACCOUNT

  1. In order to set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data Login, email and password.
  2. Setting up an Account in the Store is free.
  3. Logging into an Account is done by giving the login and password established in the Registration Form.
  4. The client has the opportunity at any time, without giving any reason and without incurring any charges on this account by sending the appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.

§7 TERMS OF PLACING AN ORDER

In order to place an Order it is necessary to:

  1. log in to the Store (optional);
  2. select the product which is the subject of the Order and then click the "add to cart" button (or equivalent);
  3. log in or use the option of placing an Order without registration;
  4. if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
  5. click the "Order and pay" button,
  6. choose one of the available payment methods depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§8 DELIVERY AND PAYMENT METHODS OFFERED

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    • Postal Delivery, Cash on Delivery,
    • Courier delivery, cash on delivery,
    • Personal collection available at: Paderewskiego 10a/16, 37-700 Przemysl, Poland
  2. The customer can use the following payment methods:
    • Payment upon personal collection
    • Payment on delivery
    • Payment by bank transfer to the seller's account
    • Electronic payment
    • Payment by credit card.
  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§9 PERFORMANCE OF THE SALES CONTRACT

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with §7 of the Terms and Conditions.
  2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is sent by the Seller to the Client's e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.
  3. If Customer chooses:
    • transfer payment, electronic payment or payment card payment, the Customer is obliged to make payment within 7 calendar days of concluding the Sales Agreement - otherwise the order will be cancelled.
    • payment on delivery, the Customer is obliged to make payment on delivery.
    • payment in cash on delivery, the Customer is obliged to make payment on delivery within 7 days from the date of receipt of information that the parcel is ready for collection.
  4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  5. In the case of orders for Products with different delivery dates, the delivery date is the longest specified date. The Customer has the option to request delivery of the Products in parts or delivery of all the Products after completion of the entire order.
  6. The start of the period for delivery of the Product to the Customer is calculated as follows:
    • If the Client chooses a method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    • If the Client chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,
  7. In the case of choosing personal collection of the Product by the Customer, the Product will be ready for collection by the Customer on the date specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer's e-mail address provided during the placement of the Order.
  8. In the case of orders for Products with different dates of readiness for collection, the Customer has the option to collect the Products in parts (according to their readiness for collection) or to collect all the Products after completion of the entire order.
  9. The start of the period for the Product to be ready for collection by the Customer is calculated as follows:
    • In case of choosing by the Client the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    • If the Client chooses cash on delivery - from the date of conclusion of the Sales Agreement.
  10. Delivery of the Product takes place in Europe.
  11. The Product delivery to the Client is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Client on the website of the Online Shop under "Delivery Costs" and during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
  12. Personal collection of the Product by the Client is free of charge.

§10 RIGHT OF WITHDRAWAL

  1. A consumer may withdraw from a Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
  3. In the case of a Contract which includes multiple Products which are delivered separately, in instalments or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, instalment or part.
  4. In the case of an Agreement that involves the regular supply of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from taking possession of the first of the items.
  5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To keep the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.
  6. The statement may be sent by traditional mail, or 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 on a form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
  7. If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the e-mail address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Agreement.
  8. Effects of withdrawal from the Agreement:
    • In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered unconcluded.
    • In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of items, except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller.
    • Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs to him.
    • The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
    • The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
    • The Consumer shall bear the 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 in the usual way by post.
    • The Consumer is only liable for any diminished value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
  9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be located in the Product description in the Store.
  10. The right of withdrawal from a remote agreement does not apply to the Consumer in relation to the Agreement:
    • in which the subject of the performance is a thing not prefabricated, produced according to specification of the Consumer or used to meet his individual needs,
    • in which the subject of performance is the thing supplied in a sealed package that after opening the package cannot be returned for health protection or hygiene reasons, if the package has been opened after delivery,
    • in which the subject matter of the performance is a rapidly deteriorating item or an item with a short shelf life,
    • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who has been informed before the provision of services, that after the fulfillment of performance by the Seller will lose the right to withdraw from the Agreement,
    • in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal from the Agreement,
    • in which the subject of the provision are things that after delivery, because of their nature, are inseparably connected with other things,
    • in which the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging was opened after delivery, and for supply of newspapers, periodicals or magazines, except for a subscription agreement,

§11 COMPLAINTS AND WARRANTY

  1. The Sale Agreement covers new Products.
  2. The Seller is obliged to provide the Client with goods free from defects.
  3. In case of defects in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. 
  4. A complaint should be made in writing or electronically to the addresses given in these Terms and Conditions of the Seller or using an electronic complaint form, made available by the Seller on one of the pages of the Store.
  5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including date) of its occurrence, the details of the Customer making the complaint, and the Customer's request in connection with the defective goods. 
  6. The Seller shall respond to the complaint immediately, and if the Customer is a Consumer - not later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request is justified.
  7. Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
  8. If there is a warranty on the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller shall also attach a warranty card to the sold Product.

§12 OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

  1. Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Consumer, as well as the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
  2. The Consumer has the following examples of out-of-court complaint and redress procedures:
    • The Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from the Agreement concluded with the Seller. 
    • The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
    • The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Association of Polish Consumers).

§13 PERSONAL DATA IN AN ONLINE STORE

  1. The administrator of the Customers' personal data collected by the Online Store is the Seller.
  2. Personal data of the Clients collected by the administrator via the Online Store are collected for the purpose of Sales Agreement execution, and if the Client agrees - also for marketing purposes.
  3. The recipients of the personal data of the Customers of the On-line store can be: 
    • If a client uses the online store's delivery method by mail or courier, the Administrator shall make available collected personal data of the client to the chosen carrier or agent performing the shipment on behalf of the Administrator.
    • In case of a client, who uses in the online store the method of electronic or credit card payment, the Administrator shall make available collected personal data of the client to a chosen entity handling the aforementioned payments in the online store. 
  4. The Customer has the right to access their data and correct them.
  5. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in inability to conclude that agreement.

§14 FINAL PROVISIONS

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in laws, changes in methods of payment and delivery, to the extent that these changes affect the implementation of these Regulations. The Seller shall inform the Customer about any change at least 7 days in advance.
  3. In matters not covered by these Terms and Conditions generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on providing services by electronic means; Act on consumer rights, Act on personal data protection. 
  4. The customer has the right to use out-of-court complaint and claim procedures. For this purpose, he can submit a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.

ANNEX NO. 1 TO THE REGULATIONS

Below is a sample withdrawal form that the Consumer may or may not use: