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Store Terms and Conditions

LSP Life Store Terms and Conditions (shop.lsplife.eu)

The agreement between the Consumer and the Seller may be concluded in two ways.

Before placing an order, the Consumer has the right to negotiate any provisions of the agreement with the Seller, including those changing the provisions of the following terms and conditions. These negotiations should be conducted in writing and addressed to the Seller: LSP life sp. z o.o. sp.k., Al. Jerozolimskie 134, 02-305 Warszawa

If the Consumer resigns from the possibility of concluding an agreement by way of individual negotiations, the following regulations and relevant legal provisions shall apply.

REGULATIONS

§1 Definitions

  1. Personal Data Administrator: LSP life sp. z o.o. sp.k., Al. Jerozolimskie 134, 02-305 Warsaw, NIP 7010980191
  2. Mailing address - first and last name or name of the institution, location in town (for a town divided into streets: street, number of the building, number of the apartment or premises; for a town not divided into streets: town name and property number), postal code and town.
  3. Claim address: LSP life sp. z o.o. sp.k., Al. Jerozolimskie 134, 02-305 Warsaw
  4. Delivery price list - a list of available delivery types and their costs can be found at shop.lsplife.eu/dostawa
  5. Contact details: LSP life sp. z o.o. sp.k., Al. Jerozolimskie 134, 02-305 Warsaw, NIP 7010980191, dok@lsplife.pl.
  6. Personal data - all information concerning an identified or identifiable individual. Information shall not be considered to enable the identification of a person if this would require excessive costs, time or action.
  7. Sensitive data - is personal data that includes information about racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party, or trade union membership, as well as information about health, genetic code, addictions, sexual life, convictions, sentences and fines, and other judgments in judicial or administrative proceedings.
  8. Shipping - the type of transport service together with the specification of the carrier and the cost mentioned in the delivery price list at shop.lsplife.eu/dostawa
  9. Proof of purchase - invoice, bill or receipt issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant legislation.
  10. Product card - a single subpage of the shop containing information about a single product.
  11. Customer - an adult individual with full legal capacity, a legal entity, or an organizational unit without legal status and having the capacity to perform legal actions, making a purchase from the Seller directly related to its business or professional activity.
  12. Civil Code - Civil Code Act of 23 April 1964 as amended.
  13. Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in the Civil Code of 23 April 1964 with later amendments as well as standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of 23 August 2007, as amended.
  14. Consumer - an adult individual with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
  15. Shopping cart - a list of products prepared from products offered in the store based on the Consumer’s selections.
  16. Consumer - both the Consumer and the Customer.
  17. Place of delivery - postal address or collection point indicated in the order by the Consumer.
  18. Moment of delivery - the moment when the Consumer or a third party indicated by him for collection will take possession of the item.
  19. ODR Internet platform - an EU website operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr.
  20. Payment - method of payment for the item of the agreement and delivery listed at sklep.lsplife.eu/payments
  21. Eligible entity - an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended.
  22. Privacy Policy - rules of processing of Consumer’s personal data by the Administrator, Consumer’s rights and duties of the Data Administrator, which is located at the address:

    http://shop.lsplife.eu/page/privacy-policy

  23. Consumer Law - Consumer Rights Act of 30 May 2014.
  24. Product - minimum and indivisible quantity of the item which can be the subject of the order and which is given in the Seller's shop as a unit of measure when determining its price (price/unit).
  25. Subject of the agreement - products and delivery being the subject of the agreement.
  26. Subject of the provisions - subject of the agreement.
  27. Collection point - a place of delivery of the item which is not a postal address, listed in the summary provided by the Seller in the store.
  28. UOKiK Register - a register of authorized entities maintained by the Office of Competition and Consumer Protection on the basis of the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended and available at the address: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
  29. RODO - Regulation (EU) 2016/679 of the European Parliament and of the EU Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on their transfer and repealing Directive 95/46/WE
  30. Item - a movable item which may be or is the subject of an agreement.
  31. Store - an Internet service available at shop.lsplife.eu through which the Consumer can place an order.
  32. Seller: LSP life sp. z o.o. sp.k., Al. Jerozolimskie 134, 02-305 Warsaw, NIP 7010980191, KRS under number: 0000839400, BANK ACCOUNT: 36 1140 2004 0000 3602 8001 0097
  33. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks with the use of a suitable end device for a given type of network, commonly referred to as the Internet.
  34. Completion date - number of hours or working days specified on the product card.
  35. Agreement - the agreement concluded off-premises or remotely within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and the sales agreement within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Consumers.
  36. Defect - both a physical defect and a legal defect.
  37. Physical defect - inconsistency of the item sold under the agreement, in particular if the item:
    1. does not have properties which an object of this kind should have due to the purpose in the agreement marked or resulting from the circumstances or purpose;
    2. it does not have properties, which the Seller has assured the Consumer that it has,
    3. is not designed in accordance with the purpose that the Consumer informed the Seller of at the conclusion of the agreement, and the Seller has not objected to such a purpose;
    4. has been issued to the Consumer in an incomplete condition;
    5. in case of incorrect installation and initial use, if these actions were performed by the Seller or a third party, for which the Seller is responsible, or by the Consumer, who followed the instructions provided by the Seller;
    6. it does not have the properties, which were provided by the manufacturer or a representative of the manufacturer or a person who places the item on the market within the scope of his/her business activity and a person who, by placing his/her name, trademark or other distinctive sign on the item sold, presents himself/herself as the manufacturer, unless the Seller did not know or, judging reasonably, could not know or could not have influenced the decision of the Consumer to conclude the agreement, or if their content was corrected before conclusion of the agreement.
  38. Legal defect - a situation when the sold item is the property of a third party or is encumbered with the right of a third party, and also if the restriction in using or disposing of the item results from the decision or ruling of a competent authority.
  39. Order - a declaration of will of the Consumer submitted through the store specifying unambiguously the type and quantity of products; type of delivery; type of payment; place of delivery of the item, data of the Consumer and intended directly to conclude an agreement between the Consumer and the Seller.

§2 General conditions

  1. The agreement is concluded in Polish, in accordance with Polish law and these regulations.
  2. The place of delivery must be located on the territory of the Republic of Poland.
  3. The Seller is obliged and undertakes to provide services and deliver defect-free items.
  4. All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of the products do not include the cost of delivery, which is specified in the price list of deliveries.
  5. All time limits are calculated in accordance with art. 111 of the Civil Code, i.e. the term marked in days ends with the expiry of the last day, and if the beginning of the term marked in days is a specific event, it is not taken into account when calculating the day on which the event occurred.
  6. Confirming, sharing, recording, securing all important provisions of the agreement in order to gain access to this information in the future takes place in the form of:
    1. order confirmation sent to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the agreement, these regulations in pdf version, template withdrawal form in pdf version, links to download the regulations and withdrawal template;
    2. an attachment to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information about the right to withdraw from the agreement, these regulations, a template form of withdrawal from the agreement.
  7. The Seller shall inform about known guarantees provided by third parties for products in the store.
  8. The Seller shall not charge any fees for communicating with the Seller using the means of remote communication, and the Consumer shall bear its costs in the amount resulting from the agreement which he/she concluded with a third party providing a specific service enabling remote communication on his behalf.
  9. The Seller shall ensure the Consumer using the system that the online store operates correctly assuming the use of the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of shop.lsplife.eu this software should all be disabled.
  10. The Consumer may use the option of remembering his/her data by the store in order to facilitate the process of placing the next order. For this purpose, the Consumer should provide a login and password necessary to access his account. The login and the password are a sequence of characters determined by the Consumer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Consumer has at any time the possibility to view, correct, update, and delete the account in the store.
  11. The Seller shall comply with the code of good practice.
  12. The Consumer is obliged to:
  13. not provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
  14. use the store in a way that does not interfere with its functioning, in particular by using specific software or devices,
  15. not to take actions such as sending or posting unsolicited commercial information (spam) within the store,
  16. to use the store in a way that is not burdensome for other Consumers and for the Seller,
  17. to use any and all content posted within the store only for his/her own personal use,
  18. use the store in a manner consistent with the provisions of the law applicable on the territory of the Republic of Poland, the provisions of the regulations, as well as general principles of etiquette.

§3 Conclusion of the Agreement and its realization

  1. Orders can be placed 24 hours a day.
  2. In order to place an order, the Consumer should perform at least the following actions, some of which may be repeated many times:
  3. Adding the product to the shopping cart;
  4. Choosing the type of delivery;
  5. Choosing the type of payment;
  6. Choosing the place of delivery;
  7. Placing an order in the store by using the “Buy and pay” function.
  8. The conclusion of the agreement with the Consumer occurs at the moment of placing an order.
  9. The implementation of the Consumer's order paid on delivery takes place immediately, and the order paid by bank transfer or through the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days from placing the order, unless the Consumer was not able to complete the payment through no fault of his/her own and informed the Seller about it.
  10. The conclusion of the agreement with the Customer takes place upon acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
  11. The realization of the Client's order paid on delivery takes place immediately after concluding the agreement, and the order paid by bank transfer or through the intermediary of an electronic payment system after concluding the agreement and crediting the Client's payment to the Seller's account.
  12. Execution of the Client's order may depend on making a payment of the entire or part of the order value or obtaining a trade credit limit at least of the order value or the Seller's consent to send an order payable on delivery.
  13. Shipping of the subject of the agreement takes place within the period specified on the product card, and for orders composed of many products within the longest period from the products specified on the product cards. The time limit begins at the moment of order execution.
  14. The purchased object of the agreement is, together with a sales document chosen by the Consumer, sent by the Consumer with the chosen type of delivery to the place of delivery indicated by the Consumer in the order, together with attachments referred to in §2 point 6b.

§4 Right to withdraw from the agreement

  1. The consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from an agreement concluded remotely, without giving any reason and at no cost, except for the costs specified in Article 33, Article 34 of the Consumer Law.
  2. The deadline for withdrawal from an agreement concluded remotely is 14 days from the moment of issuing the item, and to keep the deadline it is sufficient to send a statement before its expiry.
  3. The Consumer may submit a statement of withdrawal from the agreement on the form, a template of which is attached as Appendix 2 to the Consumer Law, on the form available at shop.lsplife.eu/zwroty form or in another form consistent with the Consumer Law.
  4. The Seller shall immediately confirm to the Consumer by e-mail (given at the conclusion of the agreement and other if given in the statement submitted) the receipt of a statement of withdrawal from the agreement.
  5. In case of withdrawal from the agreement, the agreement is considered to have not been concluded.
  6. The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he or she has withdrawn from the agreement. In order to keep the deadline, it is sufficient to send back the item before this deadline expires.
  7. The Consumer sends back the items being the subject of the agreement, from which he/she has withdrawn at his/her own expense.
  8. The consumer shall not bear the costs of delivery of digital content which is not recorded on an external data device, if he/she did not agree to the fulfillment of the service before the expiry of the deadline for withdrawal from the agreement or was not informed about the loss of his/her right to withdraw from the agreement at the moment of giving such consent or the operator did not provide the confirmation according to art. 15 par. 1 and art. 21 par. 1 of the Consumer Law.
  9. The consumer shall be liable for any reduction in the value of the item being the subject of the agreement and resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and operation of the item.
  10. The Seller shall immediately, and no later than within 14 days of receipt of the statement of withdrawal from the agreement submitted by the Consumer, return all payments made by the Consumer, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not return additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
  11. The Seller shall reimburse the payment using the same payment method used by the Consumer, unless the Consumer has explicitly agreed to another payment method which does not entail any costs for the Consumer.
  12. The Seller may withhold the return of the payment received from the Consumer until the moment of receiving the returned or providing the Consumer with the proof of its return, depending on which event occurs earlier.
  13. The Consumer, according to art. 38 of the Consumer Law, is not entitled to withdraw from the agreement:
  14. in which the price or remuneration depends on fluctuations on the financial market which the Seller has no control over and which may occur before the expiry of the deadline for withdrawal from the agreement;
  15. in which the subject of the service is an unprocessed item, produced according to the consumer's specifications or serving to satisfy his individual needs;
  16. in which the subject of performance is an item which is quickly degraded or has a short shelf life;
  17. in which the subject of the service is an item delivered in sealed packaging, which cannot be returned for health protection reasons or for hygienic reasons, if the packaging was opened after delivery;
  18. in which the subject of the service is an item which, after delivery, due to its nature, is inseparably connected with other items;
  19. in which the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
  20. for the delivery of digital content which is not recorded on an external storage device, if the performance has begun with the Consumer's express consent before the expiration of the period for withdrawal and after the operator has informed him/her about the loss of the right to withdraw from the agreement;
  21. for the delivery of newspapers, periodicals or magazines, with the exception of the subscription contract.

§5 Warranty

  1. The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability with respect to Customers for physical and legal defects (warranty).
  2. The Seller shall be liable to the Consumer on the principles set out in Article 556 of the Civil Code and subsequent ones for defects (warranty).
  3. In case of an agreement with a Consumer, if a physical defect was found within one year of the moment of delivery, it shall be assumed that it existed at the moment of passing the defective item to the Consumer.
  4. If the sold item has a defect, the Consumer may:
  5. submit a declaration requesting a reduction of the price;
  6. make a statement of withdrawal from the agreement;
  7. unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free item 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 item or remove the defect, the Seller shall not be entitled to replace the item or remove the defect.
  8. The Consumer may, however, request to replace the item with the defect-free item instead of the one proposed by the Seller or request to remove the defect, unless bringing the item into conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way proposed by the Seller, while the assessment of excessive costs takes into consideration the value of the defect-free item, type and significance of the defect found, and also takes into consideration inconveniences which the Consumer would be exposed to regarding other means of compensation.
  9. The Consumer may not withdraw from the agreement if the defect is insignificant.
  10. If the sold item has a defect, the Consumer may also:
  11. Demand the item by replaced by a defect-free item;
  12. Demand the removal of the defect.
  13. The Seller shall be obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
  14. The Seller may refuse to satisfy the Consumer's demand if it is impossible to bring the defective item into conformity with the agreement in the manner chosen by the Consumer or if, in comparison with the other possible manner of bringing it into conformity with the agreement, it would require excessive costs.
  15. In case the defective item has been assembled, the Consumer may demand that the Seller disassemble and reassemble after replacement with a defect-free item or removal of the defect, however, he/she shall be obliged to bear part of related costs exceeding the price of the sold item or he/she may demand that the Seller pay part of the costs of disassembly and reassembly up to the price of the sold item. In case of non-performance of the obligation by the Seller, the Consumer is entitled to perform these actions at the expense and risk of the Seller.
  16. The Consumer, who exercises the rights by virtue of warranty, shall be obliged to deliver the defective item at the Seller's expense to the complaint address, and if, due to the type of item or the manner of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer shall be obliged to make the item available to the Seller in the place where the item is located. In case of failure to fulfill the obligation by the Seller, the Consumer is entitled to send back the item at the cost and risk of the Seller.
  17. The costs of replacement or repair shall be borne by the Seller, except for the situation described in §5 point 10.
  18. The Seller is obliged to accept a defective item from the Consumer in case of replacement of the item with a defect-free item or withdrawal from the agreement.
  19. Within 14 days, the Seller shall respond to the following conditions based on art. 5615 of the Civil Code: declaration on demand to reduce the price, demand to replace the item with a defect-free item, demand to remove the defect. The Seller within thirty days (Article 7a of the Consumer Law) shall respond to any other statement of the Consumer, which is not covered by the 14-day period specified in the Civil Code.
  20. Otherwise, it shall be deemed that the statement or request of the Consumer is justified.
  21. The Seller shall be liable under warranty if a physical defect is found within two years from the moment of delivering the item to the Consumer, and if the item is used within one year from the moment of delivering it to the Consumer.  
  22. The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free item shall be barred with the expiration of one year, counting from the day of stating the defect, however, not earlier than before the expiration of two years from the moment of delivering the item to the Consumer, and if the object of sale is a used item before the expiration of one year from the moment of delivering the item to the Consumer.
  23. If the period of suitability for use specified by the Seller or the manufacturer ends after the lapse of two years from the moment of delivering the item to the Consumer, the Seller is liable by virtue of warranty for physical defects of the item found before the expiry of this period.
  24. Within the periods specified in §5 points 15-17, the Consumer may submit the statement of withdrawal from the agreement or price reduction due to the physical defect of the sold item, and if the Consumer demanded replacement of the item with a defect-free item or removal of the defect, the period for submitting the statement of withdrawal from the agreement or price reduction begins at the moment of ineffective expiry of the period for replacing the item or removing the defect.
  25. In case of an investigation conducted by a court or arbitration court of one of the warranty rights, the period for exercising other rights, which the Consumer is entitled to on this account, shall be suspended until the proceedings are concluded. It also applies accordingly to the mediation proceedings, while the deadline for exercising other rights under the warranty to which the Consumer is entitled begins on the day the court refuses to approve the settlement agreement concluded before the mediator or ineffective completion of mediation.
  26. To exercise rights under the warranty for legal defects of the sold item, §5 points 15-16 shall apply, however, the time limit shall start 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 third party action - from the day on which the ruling issued in the dispute with the third party became final.
  27. If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the agreement or reduction of the price, he may demand compensation for the damage he suffered by concluding the agreement without knowing about the existence of the defect, even if the damage resulted from circumstances for which the Seller is not responsible, and in particular, he may demand reimbursement of the costs of concluding the agreement, costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent that he/she has not benefited from them and has not received their reimbursement from a third party and reimbursement of the costs of the process. This shall not affect the provisions on the obligation to repair damage on general principles.
  28. The lapse of any time limit for the declaration of a defect does not exclude the fulfilment of warranty rights, if the Seller has deceitfully concealed the defect.
  29. The Seller, provided that he/she is obliged to perform or provide financial services for the benefit of the Consumer, shall perform them without undue delay, not later than within the period provided for by law.

§6 Privacy policy and personal data protection

  1. 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 Consumer’s rights related to his/her personal data.
  2. The Personal Data Administrator processes the Consumer’s personal data on the basis of consent and in connection with legally justified interests of the Seller.
  3. The Personal Data Administrator collects and processes personal data only to the extent it is justified by a contractual or legal obligation.
  4. The Consumer's consent to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
  5. The following personal data is collected for the purpose of fulfilling the Consumer's order:
  6. Postal address - necessary to issue a proof of purchase;
  7. Place of delivery - necessary to deliver the shipment;
  8. E-mail - necessary for communication related to order realization;
  9. Telephone number - necessary in case of choosing some types of delivery
  10. Detailed solutions for the protection of personal data related to placing an order, but also the use of the store before and after placing an order are contained in the privacy policy.

§7 Final provisions

  1. Nothing in these terms and conditions is intended to infringe the rights of the Consumer. Also, it cannot be interpreted in this way, because in the case of any part of the regulations being inconsistent with the applicable law, the Seller declares absolute obedience and application of this law in place of the contested regulation.
  2. Consumers will be informed about changes in the regulations and their scope via e-mail (to the e-mail indicated during registration or order). The notification will be sent at least 30 days before the new regulations become effective. Changes will be made in order to adapt the regulations to the current legal status.
  3. The current version of the regulations is always available to the Consumer in the regulations tab (https://shop.lsplife.eu/page/regulamin). During the order execution and during the whole period of after-sales care of the Consumer, the regulations accepted by the Consumer when placing an order shall apply. Except for the situation when the Consumer considers it less favourable than the current one and informs the Seller about the choice of the current one as binding.
  4. In matters not regulated by these Regulations, the relevant binding legal regulations shall apply. The disputable issues, if the Consumer expresses such a will, shall be solved by means of mediation proceedings before the Provincial Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre- and extra-judicial or extra-judicial dispute resolution, e.g. by means of the EU ODR internet platform or by selecting any authorized entity from the OUKiK register. The Consumer declares the intention and agrees to out-of-court resolution of a consumer dispute.

As a last resort, the case is resolved by a court of competent local and material jurisdiction.

The aforementioned Terms and Conditions have been translated from Polish and the Polish language of these Terms and Conditions shall be binding.

Version 14.3 (Warsaw, May 21, 2020)

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