Statute

Statute

GENERAL PROVISIONS

These regulations define the rules for purchasing goods in the Online Store available at: www.lapchu.com
The owner of the Online Store available at the Internet address is lapchu.com Limited liability company based in Warsaw (REGON: 523377197, NIP: 9512551736) registered in the Register of Entrepreneurs of the National Court Register, (hereinafter referred to as the "Seller"), contact e-mail address office.lapchu@gmail.com
These Regulations are available in the "Regulations" tab.
Acceptance of the Regulations is voluntary, but necessary in order for the Buyer to place an order.
Placing an order by the Buyer in the Online Store is tantamount to accepting the rules contained in these Regulations, which also means that the Buyer undertakes to comply with these rules.
The Seller informs that the technical conditions for the provision of electronic services to the Buyer are as follows:

having access to the Internet,
using an appropriate web browser,
having a created Buyer account, i.e. e-mail

RULES FOR MAKING PURCHASES IN THE ONLINE STORE

The products offered by the Seller are sold via the Online Store available at www.lapchu.com.
Placing orders electronically in the Store is possible 24 hours a day, all days of the year, via the website www.lapchu.com. Placing an order does not mean that the order is processed on the day it is placed. The buyer will receive information by e-mail about the status of the order and information about the shipment of the order.
The Buyer's order constitutes an offer within the meaning of civil law. The Seller reserves the right not to accept the order for execution if the order does not meet the requirements set out in these Regulations, contains imprecise data or has other deficiencies that prevent the execution of the order placed by the Buyer and the delivery of the products. The Seller will inform the Buyer about the refusal to accept the order by e-mail, provided that the Buyer has a valid e-mail address.
The Buyer places an order by selecting specific products from the available range available on the Store's website. Adding products to the virtual basket is done by clicking the "Add to basket/basket" button next to a given product.
In order for the Buyer to successfully place an order, it is necessary to fill out all the required data in the order form necessary to complete the order and ship the goods.
The buyer confirms the entire order by clicking the "Order and pay" button. Until the "Order and pay" button is pressed, the Buyer has the opportunity to make changes to the order, including indicating whether he is making a purchase as an entrepreneur and indicating his tax identification number (NIP) or as a consumer not running a business.
The total value of the order, including the price of the goods and the costs of their delivery, is included in the summary after confirming the order, provided that in the case of goods of variable weight (not packed, prepared before shipment), the price is indicative and the final price of goods with variable weight is determined on based on its actual weight. These goods have a special note in the product description. The Seller will make every effort to ensure that the final weight of the product is as close as possible to the approximate weight indicated when placing the order. Both the weight of the goods and their final price will be indicated on the VAT invoice or receipt. When ordering goods with variable weight, the buyer accepts its final weight and price.
The prices of goods provided in the Online Store are expressed in Polish zlotys (PLN) in gross value and include VAT.
The given price of the goods does not include the costs of delivery of the goods to the Buyer. The Seller issues a sales document depending on the Buyer's choice - a fiscal receipt or a VAT invoice. The Buyer's choice is binding on both parties to the sales contract. The condition for issuing a VAT invoice is that the Buyer provides all the data necessary to issue a VAT invoice. After placing an order without providing the NIP number as an entrepreneur, the Buyer irretrievably loses the possibility of receiving a VAT invoice for the goods covered by the order.
The price given in the product description is binding at the time the Customer places the order.
If there is a shortage of goods ordered by the Buyer, the Seller undertakes to immediately inform the Buyer about this fact, at the same time offering equivalent goods at a similar price. It is also possible to agree on a different order date with the Buyer. In this case, the Buyer is obliged, within 24 hours of receiving the e-mail, to declare the withdrawal from the entire order or to consent to the modification of the content of the placed order. Lack of response by the Customer within the above-mentioned deadline will be considered as cancellation of the entire order. If the product is missing, the Buyer has the full right to cancel the order and withdraw from the contract.
The Seller's acceptance of the placed order is confirmed by e-mail to the address provided by the Buyer in the order form or during account registration. The sales contract is deemed concluded upon confirmation of the order by the Seller.
The Seller does not process orders on weekends and public holidays in accordance with applicable regulations.
The contract concluded between the Seller and the Buyer regarding the purchase of goods is timely and lasts for the duration of the order.
The seller presents digital photos of the offered products on his website. The buyer acknowledges that there may be differences between the appearance of the goods in the photos and the actual appearance.

PAYMENT VALUES AND DELIVERY OF GOODS

The ordered goods are delivered via a courier company, depending on the option selected by the Buyer. Failure to collect the ordered goods by the Buyer within the time specified by the courier company and return the goods to the Seller is equivalent to withdrawal from the contract by the Buyer without the need to submit an additional written declaration.
The delivery cost is determined directly when placing the order. Depending on the case, delivery costs may depend on the weight of the ordered products.
The order processing time is given in the product description. In the case of ordering goods with different order processing times, the processing time is determined based on the order processing time of the product with the longest processing time. The processing time is understood as the time from the moment of confirmation of the order by the Seller to the moment of transferring the order to the carrier (courier).
Payment for orders is made via bank transfers when placing the order or by collection by the courier.
Polish Transfers, including BLIK, are handled by "Polskie ePłatności" spółka z ograniczoną odpowiedzialnością with its registered office in Tajęcina (formerly "Paylane" sp. z o. o.), address: Tajęcina 113, 36-002 Jasionka, KRS: 0000227278, NIP 5862141089 and REGON 220010531 .
Credit card payments are processed by Stripe, Inc.
The buyer should check whether the delivered goods comply with the order and whether the packaging has no mechanical damage or has not been leaked in the presence of an employee of the courier company. If damage to the shipment is found, the Buyer is obliged to prepare a complaint protocol with an employee of the courier company and immediately inform the Online Store about the situation.

REFUSAL TO PROCESS ORDERS

The Seller has the right to refuse to process the order in cases where:

there are difficulties in determining the identity of the person placing the order,
it is not possible to confirm the order, and the Seller acknowledges that it requires confirmation in the event of a need to change the delivery date or composition of the ordered products,
the buyer does not comply with the Regulations.

COMPLAINTS AND WARRANTIES, WARRANTY

The Seller is obliged to deliver goods free from defects. The Seller is liable under the warranty pursuant to applicable provisions, in particular the provisions of the Civil Code on warranty for defects in the sold goods (Article 556 et seq. of the Civil Code).
Complaints regarding non-compliance of the goods with the concluded contract should be sent electronically to the following address: office.lapchu@gmail.com
The complaint should contain at least the Buyer's data, the date of creation, detection or disclosure of the defect and a description of the defect found, as well as an indication of the claims provided for by law in the event that the submitted complaint is confirmed. If the notification is incomplete, the Seller is entitled to request that the complaint be completed.
Complaints about products should be submitted before the expiry date of the goods, no later than 3 days from delivery of the goods.
The Seller recognizes the complaint of the Customer who is a consumer within 14 days from the date of its receipt, if it has been submitted correctly. If the Seller does not respond to the requests of the Customer who is a consumer within 14 days, it means that the Seller considers the consumer's request to be justified. The store will inform the customer via e-mail about how the complaint will be resolved.
The Seller does not accept any shipments sent cash on delivery.
Differences in the actual appearance of the product and that shown in the photos on the website cannot constitute the basis for a complaint or return of the purchased goods.
In the case of a contract with a Consumer, if a physical defect is detected within one year from the date of delivery of the item, it is assumed that it existed at the time of transfer of the danger to the Consumer.
If the sold item has a defect, the consumer may:

submit a declaration requesting a price reduction;
submit a declaration of withdrawal from the contract;

unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect, he is not entitled to replace the item or remove the defect.

The Consumer may, instead of removing the defect proposed by the Seller, request replacement of the item with a defect-free one or instead of replacing the item, request removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. , however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed to another method of satisfaction are taken into account.
The consumer cannot withdraw from the contract if the defect is minor.
If the sold item has a defect, the consumer may also:

demand that the item be replaced with a defect-free one;
demand removal of the defect.

The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract.
If the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacing it with a defect-free one or removing the defect, but he or she is obliged to bear part of the related costs exceeding the price of the item sold or may demand that the Seller pay part of the costs. disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
A Consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if, due to the type of item or the method of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where where the thing is located. If the Seller fails to fulfill the obligation, the Consumer is entitled to return the item at the Seller's expense and risk.
The costs of replacement or repair are borne by the Seller, except for the situation described in point 10 of this section.
The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the contract.
The Seller will respond within fourteen days to the provisions based on Art. 5615 of the Civil Code: declarations requesting a price reduction, requesting the replacement of the item with a defect-free item, requesting the removal of the defect. The Seller will respond within thirty days (Article 7a of the Consumer Law) to any other declaration of the Consumer that does not apply to the fourteen-day period specified in the Civil Code.
Otherwise, it is deemed that the Consumer's statement or request is justified.
The Seller is liable under the warranty if a physical defect is detected within two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer.
The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free one expires after one year from the date of detection of the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer. handing over the item to the Consumer.
If the shelf life of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of the item found before the expiry of this period.
Within the deadlines specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer requested that the item be replaced with a defect-free one or that the defect be removed, the deadline for submitting a declaration of withdrawal from contract or price reduction begins upon the ineffective expiry of the deadline for replacing the item or removing the defect.
In the event of an investigation before a court or arbitration court of one of the warranty rights, the deadline for exercising other rights to which the Consumer is entitled in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to mediation proceedings, however, the deadline for exercising other warranty rights to which the Consumer is entitled begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.
Points 19-20 shall apply to the exercise of rights under the warranty for legal defects of the sold item, except that the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of a lawsuit brought by a person. third party - from the date on which the judgment issued in the dispute with the third party became final.
If, due to a defect in the item, the Consumer has made a declaration of withdrawal from the contract or price reduction, he or she may demand compensation for the damage suffered by concluding the contract without being aware of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive them from a third party, and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to repair damage on general principles.
The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
If the Seller is obliged to provide a service or financial benefit to the Consumer, it will be performed without undue delay, no later than the deadline provided for by law.

WITHDRAWAL FROM THE CONTRACT

In accordance with the provisions of the Act of May 30, 2014 on consumer rights, a customer who is a consumer under the provisions of the Civil Code has the right to withdraw from the concluded contract without giving a reason for withdrawal within 14 days from the date of receipt of the ordered goods, by submitting an appropriate declaration in writing, to the address provided in section 1.2. Regulations.
The right referred to in section 6.1. applies only to cases of consumer sales, i.e. contracts concluded by the Online Store with a person who is a consumer in accordance with the provisions of generally applicable law.
The consumer is obliged to immediately, no later than 14 days from the date on which he withdrew from the contract, return the goods to the Store. The goods should be returned unchanged, unless the change was necessary within the ordinary course of business. The consumer is liable for any reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
Goods which, in accordance with applicable law, including the provisions of the Act on Consumer Rights, cannot be withdrawn are not subject to return (Article 38 of the Act on Consumer Rights). In particular, the Customer may not withdraw from the contract:

in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
a contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specific wishes or serving to meet his individual needs,
a contract in which the subject of the service is an item that deteriorates quickly or has a short shelf life.

Detailed rules for withdrawal from the contract and the model withdrawal form that the customer who is a consumer can use are set out in Annex 1 to these Regulations.
The customer bears the direct costs of returning the goods.
The returned goods should be accompanied by proof of purchase and any other items or documents received by the Customer in connection with the purchase of the goods.

PERSONAL DATA PROTECTION

The Personal Data Administrator is responsible for the lawful processing of personal data, and the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to his personal data.
2. The Personal Data Administrator processes Buyers' personal data based on the consent and in connection with the legally justified interests of the Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent justified by contractual or legal obligation.
4. The Buyer's consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the purposes of processing the Buyer's order, the following personal data is collected:

postal address – necessary to issue proof of purchase;
place of delivery of the goods - necessary to address the shipment;
e-mail – necessary for communication related to the execution of the order;
telephone number – necessary when selecting certain types of delivery

Detailed solutions regarding the protection of personal data related to placing an order, but also using the store before and after placing the order, are included in the privacy policy.

FINAL PROVISIONS

In matters not regulated by these Regulations, the provisions of generally applicable provisions shall apply, in particular the Civil Code and the Consumer Rights Act.
The Store reserves the right to change the Regulations. Any changes to the Regulations enter into force on the date indicated by the Store. Orders placed before the date of entry into force of changes to the Regulations will be processed on the basis of the provisions in force on the day of placing the order.
The Store is not responsible for failure to deliver a message sent to the e-mail address indicated by the Buyer due to blocking or deletion of e-mail messages by software installed on the computer used by the Buyer or blocking of e-mail servers by administrators.
These Regulations are valid from March 1, 2020

Right to withdraw from the contract

The consumer has the right to withdraw from a distance sales contract concluded via the Internet within 14 days without giving any reason, subject to the provisions of these Regulations.
The deadline for withdrawal from the contract expires after 14 days from the date on which the Consumer came into possession of the item or on which a third party other than the carrier and indicated by the Consumer came into possession of the item.
In order to exercise the right to withdraw from the contract, the Consumer is obliged to inform the Store via e-mail about withdrawal from the contract.
The buyer may use the sample withdrawal form below, but this is not obligatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.
In the event of withdrawal from the sales contract, the Seller returns to the Consumer all payments received from him, except for the costs of delivering the goods, immediately, and in any case no later than within 14 days from the date on which the Seller was informed about your decision to exercise the right to withdraw from the contract.
The payment will be refunded by the Seller using a bank transfer to the bank account indicated by the Consumer.
The returned goods should be sent back or delivered to the Seller at the following address:
Horodov Oleksandr, 02-699 Warszawa, ul. Jurajska 3-30, immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the contract. The deadline is met if the Consumer sends back the returned goods before the expiry of the 14-day period.
The consumer is liable for any reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.

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