lemon & pearl design platform’s the Terms of service
Date of publishing: 07/11/2022
the Seller of the lemon & pearl design platform, available at http://lemonandpearldesign.com is Material Serek Spółka Jawna with the address of the main headquartes in Jelenia Góra (58-560), ul. Wolności 171, entered into the Register of the National Court Register under the number 0000618712, which registration files are stored by the Disctrict Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, NIP: 6112766207
Contact with the Administrator of the platform is available via the e-mail address firstname.lastname@example.org
For the purpose of this the Terms of service, the following definitions shall apply:
- Administrator, Seller – Material Serek Spółka Jawna with the address of the main headquartes in Jelenia Góra (58-560), ul. Wolności 171, entered into the Register of the National Court Register under the number 0000618712, which registration files are stored by the Disctrict Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, NIP: 6112766207
- Consumer – natural person who, through the Platform, concludes a sales contract with the Seller which is not directly related to their business or professional activity,
- Platform – internet platform managed by the Administrator, available at http://lemonandpearldesign.com,
- Terms of service – available at http://lemonandpearldesign.com/terms-and-conditions/,
- User – natural person, legal person or legal person without corporate status, who uses the Platform without creating account on the Platform
- Registered User – natural person, legal person or legal person without corporate status who created account on the Platform; if the Terms of service uses the definition of the User, it also applies to the Registered User.
2. Preliminary provisions
- The Terms of service define:
- Platform’s usage rules
- The Administrator’s and the User’s rights and responsibilities related to the use of the Platform,
- The Seller’s and the User’s rights and responsibilities related to concluding sales contracts through the Platform.
- The Administrator distributes the Platform through which the User can conclude sales contracts with the Seller on products presented on the Platform.
- Products presented on the Platform are intended exclusively for photo session usage. The products are not for everyday use.
- No special technical conditions for computers or other devices are required in order to use the Platform. Sufficient are:
- standard operating system,
- standard Internet browser,
- Internet connection,
- active e-mail address – if the User wants to create an account on the Platform or conclude a sales contract with Seller through it.
- The access to the Platform is free.
- While using the Platform it is prohibited for the User to provide illegal content, in particular through the transfer of such content within the forms available on the Platform.
- The Platform can be accessed anonymously or under the alias except for the conclusion of sales contract with Seller when providing personal data is necessary to contract’s conclusion.
3. Platform’s account
- The User can create account on the Platform.
- In order to create account, the User must go to the “My account” tab, fill in the registration form giving their e-mail address and password and then click the “Register” button.
- After clicking on the “Register” button, the account will be created and the User will be redirected to his account’s page.
- The User may assign their name and surname, billing address and shipping address. By assigning personal data to the account, the User will not have to provide their data each time placing the order through the Platform.
- The User can connect their social media profiles (Facebook and Instagram) to his Platform profile.
- The User can change the data or e-mail address and password assigned to his account at any given time. He can also remove the social media profiles connection.
- the User can delete the account at any given time by sending appropriate request form to the Administrator via e-mail address email@example.com
- Products presented on the Platform can be purchased by the User by concluding sales contract with the Seller.
- All the products presented on the Platform are brand new.
- All prices of the products shown on the Platform are gross prices.
- If the User wants to conclude sales contract with the Seller on the chosen products presented on the Platform, he has to place an order through the Platform taking the following steps:
- add selected product to the cart by clicking “Add to cart” button available on the product’s description page,
- from the cart page proceed to completion of the order by clicking on the “Proceed to checkout” button,
- fill in the order form by providing name, e-mail address, telephone number, billing details and shipping address – if the Registered User assigned their personal data to the Platform’s account, the data will be automatically filled in; the User will be able to change this data,
- accept the Terms of service – only if the User has read it and accepts its provisions,
- click on the “Buy and pay”.
- At the moment of clicking “Buy and pay” button, sales contract on ordered product(s) is concluded between the User and the Seller; the User will be redirected to PayPal website in order to make payment for the order.
- After the payment for the order has been made, the User will be redirected from the PayPal website to the Platform. Details of the payment procedure are described in § 5 of the Terms of service.
- The User will receive a message with confirmation of contract conclusion to the e-mail address specified in the order form.
6.Payment and delivery
- The only available method of payment for the order is through Paypal.
- The only available method of delivery of products is through Poczta Polska.
7.Completion of the order
- Completion of the order is preparation of all the products included in the order for shipment as one package.
- Maximum time to complete the order should not exceed 3 days from the date of conclusion of the sales contract.
- Order is deemed complete with the moment of shipment to the User.
8. the Consumer’s termination of the contract
- The Consumer who concluded distance contract with the Seller has the right to terminate that contract without giving any reason within 14 days from the day of acquiring purchased products.
- To terminate the contract, the Consumer has to inform the Seller about his decision to terminate the contract by an unequivocal statement – for example a letter sent by post, fax or e-mail.
- The Consumer can use template of contract’s termination form which is available at http://lemonandpearldesign.com/………… however, it is not mandatory.
- To meet the deadline for termination of the contract, it is enough for the Consumer to send information on the right to terminate the contract before the deadline of the termination.
- The Consumer is obliged to return the product to Seller or forward it to the person authorised by the Seller to be received immediately but no later than 14 days from the day of termination of the contract, unless the Seller states than he will receive the product on his own. To meet the deadline, the product(s) shall be returned before the deadline.
- The Consumer is obliged to pay for the return of the product(s).
- In the event of termination of the contract, Seller refunds all payment back to the Consumer including the cheapest shipping fee of the Shop (if the fee was paid by the Consumer) immediately and in each case no later than 14 days from the day of the Seller being informed about the termination of the contract. Refund of the payment shall be done using the same payment methods that have been used by the Consumer in the initial transaction unless the Consumer agrees otherwise. In each case, the Consumer will not be charged for the form of the refund.
- If the Consumer with a statement of terminating the contract shall not send the product(s) back, Seller refrains from making the refund until the day of receiving the product(s).
- the Consumer is responsible for the reduction in value of the product(s) as a result of using the product(s) in a way that exceeds establishment of the characteristic, features and functioning of the product(s).
- The Consumer can use the mediation/agency of the Administrator in the process of terminating the contract. This means that both the statement of terminating the contract and the returned product(s) can be also sent to the Administrator and the Administrator shall forward them to the Seller.
Warranty of the Seller
- Seller is obliged to provide the User with product free of defects.
- Seller is liable to the User if the sold product has a natural or legal defect (warranty for defects).
- If the sold product has a defect, the User can:
- demand replacement of the product for product free from defects
- demand the removal of defects
- submit a statement of the price reduction
- submit a statement of termination of the contract.
- If the User finds the product defective, he should inform Seller while defining his claim associated with the defect or submit relevant statement.
- The User can use complaint form available at http://lemonandpearldesign.com/……………..
- The User, who shall exercise the powers under the warranty may, at Seller’s expense, deliver defective product to the address of the Seller.
- The Seller shall address the complaint within 14 days from the day of the complaint’s receipt.
- Details of Seller’s warranty for defects is governed by the Civil Code (art. 556 – 576). 556 – 576).
- The User can use the mediation of the Administrator in the complaint process. This means that both the complaint form and the advertised product(s) can be also be sent to the Administrator and the Administrator shall forward them to the Seller.<
10. Complaints concerning Platform
- The User can submit complaints about the functionality of the Platform.
- The complaint should include:
- data of the User
- the subject of the complaint,
- Circumstances justifying the complaint,
- the User’s request in connection with the claim.
- Complaints can be submitted by e-mail to the email address of the Administrator ie. firstname.lastname@example.org
- The Administrator shall consider the complaint within 14 days from the date of receipt of the complaint. He shall notify the User about his decision in the same manner in which the complaint was sent to him.
11. Non-judicial ways of considering complaints and assertion for claims
- The Administrator agrees to submit any disputes arising in connection with the use of the Platform in the way of mediation proceedings. Details shall be determined by the parties to the conflict
- The Seller agrees to submit any disputes arising in connection with the sale of goods in the way of mediation proceedings. Details shall be determined by the parties to the conflict
- The Consumer has the ability to use non-judicial ways of considering complaints and assertion for claims. Inter alia, the Consumer has the ability to:
- Ask the arbitration the Consumer court requesting the settlement of the dispute arisen from the concluded sales contract,
- Ask the provincial inspector of Trade Inspection requesting initiation of the mediation proceedings on the amicable settlement of the dispute between the User and the Seller,
- assistance from the district (municipal) the Consumer ombudsman or social organization which statutory tasks include the Consumer protection.
- More detailed information on non-judicial ways of considering complaints and assertion for claims can be found at http://www.uokik.gov.pl
- The Consumer may also use the ODR platform available at http://ec.europa.eu/the Consumers/odr. The Platform is used as a mean of settlement of disputes between the Consumers and entrepreneurs seeking non-judicial ways of settlement of the dispute concerning contractual obligations arising from the electronic sales contract or service contract.
12. Personal data and cookies policy
- The Administrator of the User’s personal data, in accordance with the Act on the Protection of personal data is the Administrator.
- The personal data of the User is processed in order to create and maintain account on the Platform or to completion of the order made through the Platform.
- Providing personal data is voluntary but necessary for the User to create account on the Platform or to make an order.
- The Administrator can process the User’s personal data for purposes other than creating account or completion of the order after receiving consent of the User.
- The Administrator guarantees the confidentiality of any personal data made available to him.
- Personal data shall be collected with due diligence and adequately protected against access by unauthorized persons, and its processing is carried out in accordance with and subject to the conditions set out in detail in:
- The Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013 item 1422),
- the Act of 29 August 1997 on Protection of Personal Data (Journal of Laws of 2014 item 1182)
- Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for processing personal data (Journal of Laws No. 100, item 1024 )
- The User have the rights defined in the legislation referred to in paragraph 3 above, including in particular:
- access to their personal data,
- to require completion, updating, rectification of personal data, temporary or permanent suspension of their processing or removal if they are incomplete, outdated, untrue or collected in violation of the law or are no longer needed for the purpose for which it was collected.
- The cookies are stored on the User’s device. Information contained in them are used for statistical purposes and in order to ensure the proper functioning of the Platform.
- The Administrator shall inform the Users that changing the configuration of the web browser, which prevents or limits the storage of cookies on the Users’ device, may cause limitation of Platform’s functionality.
- The Administrator indicates that the cookies can be removed by the User after they are saved by the Administrator, through the web browser, programs or use of the tools available within the operating system used by the User.
13. Other provisions
- The Terms of service are an integral part of the sales contract concluded between the User and the Seller
- The law applicable to the assessment of the Terms of service and sales contracts concluded between the User and the Sellers through the Platform is Polish law.
- The Terms of service comes into force on the date of publishing it on the Platform.
- The Administrator reserves the right to make changes in the Terms of service. For the sales contracts concluded before the change in the Terms of service, the Terms in force at the date of conclusion of the sales contract between the User and the Seller applies. The new content of the Terms will apply to the User when they accept changes of which they have been notified.