Store regulations

1. Whenever these Regulations use the term without further specification:

a) Personal Data Administrator – this should be understood as the entity deciding on the purposes and methods of processing the personal data of Users and Customers, i.e. the company under the name Lepolam Sp. z o.o. with its registered office in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, 10th Commercial Division of the National Court Register, under the KRS number: 0001096491, NIP: 9592071641, REGON: 528212503;

b) Price – this should be understood as the price of the Product or Goods, which includes the goods and services tax (VAT), with the proviso that this Price does not include the costs of Delivery;

c) Business Days – this should be understood as a day from Monday to Friday, which is not a day off work within the meaning of the Act of 18 January 1951 on days off work (Journal of Laws No. 4, item 28, as amended);

d) Delivery – this should be understood as an actual act consisting in delivering the Product or Goods specified in the Order or furniture or equipment covered by the Special Order to the Customer, through the Supplier, or personal collection of the Product or Goods or furniture or equipment covered by the Special Order by the Customer at the Seller’s registered office or a stationary store run by him;

e) Supplier – this should be understood as an entity with which the Seller cooperates, in the Delivery of the Product or Goods or furniture or equipment covered by the Special Order, i.e. the appropriate courier company or postal operator;

f) Contact form – this should be understood as a service (free of charge) provided by the Service Provider to the User or Customer, consisting in enabling the User or Customer to establish contact (including sending an inquiry, declaration of withdrawal from the agreement, complaint) with the Seller via an interactive form, available on the Website, on the terms specified in these Regulations;

g) Customer – this should be understood as a natural person (of legal age), with full legal capacity, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, who places an Order or a Special Order in the Online Store, available as part of the Website;

h) Configurator – this should be understood as a Service (free of charge) provided by the Service Provider to the Customer, via the Website, consisting in enabling the Customer to specify the technical parameters of the Product or other of its properties (available for selection within the Configurator), according to their individual needs and discretion, on the terms specified in these Regulations;

i) Consumer – this should be understood as a User or Customer (natural person) referred to in art. 221 of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), i.e. a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, and also, pursuant to art. 3855 of the aforementioned Act, to the extent specified in the provision in question, a consumer is a natural person who concludes an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity; j) Newsletter – this should be understood as a Service (free of charge) provided by the Service Provider to the User or Customer (with their consent) via the Website, consisting in sending commercial information to the User or Customer in the scope of promoting the Product, Goods, Services or image of the Seller, as well as about the promotional or discount campaigns applicable at the Seller, on the principles specified in these Regulations;

k) Privacy Policy – ​​this should be understood as an information document specifying the principles of collecting, processing, storing and protecting personal data of Users and Customers, adopted by the Personal Data Administrator, available on the Website;

l) Product – this should be understood as a movable, non-prefabricated item, manufactured by the Seller according to the Customer’s specification or intended to meet their individual needs, available for ordering in the Online Store, run by the Seller as part of the Website, and offered for sale there;

m) Entrepreneur – this should be understood as an entity referred to in art. 4 sec. 1 and 2 of the Act of 6 March 2018 – Entrepreneurs’ Law (Journal of Laws of 2018, item 646, as amended), i.e. a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities

arczą, as well as partners of the civil partnership within the scope of their business activity;

n) Regulations – this should be understood as these Regulations;

o) Service – this should be understood as the website operating under the domain www.desiva.pl and all functions and tools available thereon;

p) Online Store – this should be understood as the online store of the DESIVA Furniture brand, owned by the Seller, available on the Service (Service functionality), within which Users (Customers) can place Orders (using the order form) or Special Orders (using e-mail) and conclude Agreements;

q) Seller – this should be understood as the company operating under the name of: Lepolam Sp. z o.o. with its registered office in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, Commercial Division X of the National Court Register, under KRS number: 0001096491, NIP: 9592071641, REGON: 528212503;

r) Goods – this should be understood as a movable item that does not constitute a Product, available in the assortment of the Online Store, run by the Seller as part of the Service, and offered for sale there;

s) Agreement – this should be understood as an agreement (legal relationship) for the sale of a Product or Goods or furniture or equipment covered by a Special Order, concluded in the distance selling mode, on the principles specified in these Regulations, between the Seller and the Customer, using the Online Store operating as part of the Service;

t) Services – this should be understood as services provided electronically (free of charge) by the Service Provider to Users or Customers, via the Service, under the terms and conditions specified in these Regulations;

u) Service Provider – this should be understood as the company operating under the name: Lepolam Sp. z o.o. with its registered office in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, X Commercial Division of the National Court Register, under the KRS number: 0001096491, NIP: 9592071641, REGON: 528212503;

v) User – this should be understood as a natural person (of legal age), with full legal capacity, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, who intends to use or uses the Service and the Online Store operating within it, and has read the Terms and Conditions and Privacy Policy applicable to the Seller, and has accepted their provisions;

w) Order – this should be understood as a declaration of will of the Customer, submitted via the Online Store operating within the Service, using the order form, aimed directly at concluding an Agreement with the Seller, specifying the type and quantity of the Product (in the case of the Product also technical parameters and its properties) or Goods;

x) Special Order – this should be understood as a declaration of will of the Customer, submitted within the Online Store, operating within the Service, expressed by e-mail, aimed directly at concluding an Agreement with the Seller, specifying furniture or equipment (non-prefabricated item), their individual technical design, provided by the Customer, or the Customer’s request for the preparation of a technical design of furniture or equipment by the Seller, according to the guidelines and indications of the Customer, which furniture or equipment is not available in the Online Store as a Product or Goods offered for sale;

2. All the terms referred to above, as well as those that have been specifically defined in these Regulations, if they have been used in the annexes to these Regulations, shall be given the wording and meaning consistent with the Regulations, unless such an annex directly defines a different meaning of the term used.

§ 2

GENERAL PROVISIONS

1. These Regulations define:

a) the principles and conditions of the provision of Services (free of charge) by the Service Provider by electronic means, available through the Service and the Online Store operating within the Service;

b) the principles and conditions of concluding an Agreement by the Seller with the Customer, in the distance contracting mode, using means of distance communication (available within the Service and the Online Store operated therein, as well as specified in these Regulations).

2. These Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended). 3. These Regulations apply to the User or Customer who is a Consumer or an Entrepreneur, unless a given provision refers exclusively to the Consumer or Entrepreneur.
3. The Website and the Online Store operating within the Website are operated by Lepolam Sp. z o.o., with its registered office in (
4. 26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, X Commercial Division of the National Court Register, under KRS number: 0001096491, NIP: 9592071641, REGON: 528212503.
5. The Seller (Service Provider) is the administrator of personal data provided by the User or Customer in connection with the use of the Service and the Online Store operating within it.
6. The Service and Online Store are the property of the Seller. It is prohibited to place or introduce illegal content to the Service or Online Store (in particular violating good customs or personal rights of third parties), as well as to interfere with their functionality and mode of operation, in particular through the use of specific software or devices.
7. These Regulations are available on the Website for the User or Customer to read, at: www.desiva.pl/dokumenty.
8. Before starting to use the Website and the Online Store operating within it, the User or Customer should read these Regulations. 9. The provisions of these Regulations do not violate the rights of the Consumer, granted under generally applicable provisions of law in the territory of the Republic of Poland.
9. The User or Customer may contact the Seller: a) by mail to the following address: Lepolam Sp. z o.o ul. Przemysłowa nr 35, 26-052 Nowiny;
10. b) by phone at the following number: +48 517-234-660;
11. c) by e-mail to the following address: biuro@desiva.pl;
12. d) by using the Contact Form on the Website.
13. § 3
14. TECHNICAL REQUIREMENTS
15. In order for the User or Client to properly use the Service and the Online Store operating within the Service, as well as the Services provided thereon, it is necessary for the User or Client to have access to e-mail, a computer, laptop or other multimedia device whose IT system and technical conditions meet the following criteria: Internet access, processor min. 800 MHz, 512 MB RAM, graphics card and screen supporting 800×600 resolution and 256 colors (recommended resolution 1024×768), installed Internet Explorer browser min. version 7.0 or newer, or other Internet browsers such as Mozilla Firefox version 3.6 or newer, Opera, Google Chrome version 8 or newer, Safari, with JavaScript and cookies enabled.
16. The necessity to ensure technical compatibility between the device (computer, laptop or other multimedia device) and the IT and telecommunications system, and the Service, rests with the User or Customer. 3. Detailed information on cookies can be found in the Privacy Policy.
17. In order to ensure the security of the Services provided within the Service and the Online Store operating within the Service, the Seller shall take the necessary technical and organizational measures, appropriate to the level of risk to the security of the Service provided.
18. Using the Service and the Online Store operating within the Service is free of charge.
19. § 4
20. SERVICES PROVIDED ELECTRONICALLY
21. Within the Service and the Online Store operating within the Service, the Service Provider provides the provision of Services (free of charge) electronically, on the terms and conditions specified in these Regulations, consisting of:
22. a) enabling the Customer to make purchases of Products or Goods in the Online Store operating within the Service, via an order form; b) enabling the Customer to use the Configurator, available in the Online Store operating within the Service;
23. c) enabling the User or Customer to use the Contact Form, available in the Service;
24. d) enabling the User or Customer to use the Newsletter. 2. The Agreement for the provision of Electronic Services in the scope of making purchases of Products or Goods in the Online Store operating within the Service, via an order form, is concluded at the moment of adding the Product or Goods to the basket, for a specified period, until the Customer completes placing the Order. The Customer may at any time (no later than the moment of completion of the Order) resign from the service in question by canceling the Order. The service consisting in enabling the Customer to make purchases of the Product or Goods in the Online Store, operating within the Service, via the order form is free of charge. Detailed terms and conditions for placing an Order are specified in § 6 of these Regulations.
25. The Agreement for the provision of Electronic Services in the scope of using the Configurator, available in the Online Store, operating within the Service, is concluded at the moment when the Customer begins to specify the technical parameters of the Product or its other properties

and (available for selection within the Configurator), for a fixed period of time, until the Customer finishes placing the Order. The Customer may at any time (no later than the time of completion of the Order) resign from the service in question by canceling the Order. The service consisting in enabling the Customer to use the Configurator, available in the Online Store, operating within the Service, is free of charge. Detailed rules and conditions for using the Configurator are specified in § 6 of these Regulations.

4. The agreement for the provision of the Electronic Service in the scope of using the Contact Form, available in the Service, is concluded at the moment of “clicking” the “Send” field at the Contact Form, for a fixed period of time, until the message is delivered to the Seller. This service is a one-time service. As part of the service in question, the User or Customer should fill in the fields available in the Contact Form, providing their personal data in the form of name and e-mail address. The rules and conditions for processing the personal data in question are specified in the Privacy Policy. Until the moment of “clicking” the “Send” field, the User or Client has the possibility of freely shaping the content of the message, subject to the provisions of these Regulations. The service consisting in enabling the User or Client to use the Contact Form available on the Website is free of charge.
5. The Agreement for the provision of the Electronic Service in the scope of using the Newsletter is concluded at the moment of “clicking” the “Save” field on the tab concerning the Newsletter, for an indefinite period. The User or Client is entitled to terminate the subject agreement at any time, with immediate effect, through the communication channels specified in § 2 sec. 10 of these Regulations. As part of the subject service, the User or Client should provide their e-mail address, which is a condition for the proper provision of this service. The principles and conditions for the processing of the subject personal data are specified in the Privacy Policy. The service consisting in enabling the User or Client to use the Newsletter is free of charge.
6. The Service Provider may terminate the Agreement for the provision of services by electronic means, referred to in § 4 sec. 2-5 of the Regulations, immediately in the event that the User or the Customer grossly (objectively and illegally) violates the provisions of these Regulations, in particular does not comply with the prohibition specified in § 2 sec. 6 of the Regulations. Termination of the agreement for the provision of services by electronic means in the above manner may occur after prior notice to the User or the Customer to cease violating these Regulations.
7. The services specified in § 4 sec. 1 of these Regulations are provided 7 (in words: seven) days a week, 24 (in words: twenty-four) hours a day. 8. The Service Provider is entitled to suspend or terminate the provision of some Services due to the need to conduct modernization and technical or maintenance work on the Service’s IT system or devices ensuring the functionality of the Service, as well as due to organizational changes at the Seller, provided that the suspension or termination of the provision of some Services cannot violate the rights of the User or the Customer.
8. Technical requirements necessary for the provision of Services electronically are specified in § 3 of these Regulations.

§ 5

INFORMATION ABOUT THE PRODUCT OR GOODS

1. All information about the Product or Goods available within the Online Store operating within the Service is posted on the Service. 2. All information, advertisements, price lists and other announcements posted by the Seller in the Online Store operating within the Service constitute an invitation to conclude an Agreement, in accordance with the content of art. 71 of the Act of 23 April 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended).
2. Each of the Products available within the Online Store operating within the Service is a non-prefabricated movable item, manufactured by the Seller according to the technical parameters and other properties of the Product, specified by the Customer via the Configurator, according to their individual needs and discretion.
3. Each of the Goods available in the Online Store operating within the Service does not constitute a non-prefabricated movable item, as referred to in art. 38 point 3 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
4. Information on which movable item is a Product and which is a Product within the meaning of these Regulations is always included in the description of each movable item available in the Online Store operating within the Service.
5. The Seller does not have a ready-made Product in the warehouse of the Online Store operating within the Service, due to the fact that the Product is always made on

Customer’s order, in accordance with the technical parameters and properties of the Product, specified by him via the Configurator.

7. The photos of the Product or Goods posted in the Online Store, operating within the Service, are of an informative nature, which, due to the technical and technological capabilities of the colors displayed on the monitor screens of the User or Customer, may differ slightly from the actual ones.
8. All Products and Goods available in the Online Store, operating within the Service, are brand new and free from physical and legal defects. 9. The prices of the Product or Goods are given in the Online Store, operating within the Service, in Polish currency (Polish złoty).
9. The price of the Product available in the Online Store, operating within the Service, is shaped depending on the options selected in the Configurator. 11. The Seller reserves the right to make changes to the descriptions and Prices of the Product or Goods, provided that the changes in question do not affect the Prices of the Product or Goods ordered before the changes in question were made.
10. In the case of a Special Order, the price of furniture or equipment covered by the Special Order is determined individually by the Seller after analysis and valuation of the individual technical design provided by the Customer, or after preparation of the technical design of furniture or equipment by the Seller, at the request of the Customer, according to the guidelines and indications of the Customer.

§ 6

PLACING AN ORDER

1. Placing an Order for a Product or Goods takes place via the Internet, in the Online Store, operating within the Service, using the order form.
2. In the case of a Special Order, it is permissible to place such an order via the Internet, in the Online Store, operating within the Service, using e-mail (to the address: biuro@desiva.pl).
3. An Order or Special Order can be placed in the Online Store, operating within the Service, in the manner specified in these Regulations, 7 (in words: seven) days a week, 24 (in words: twenty-four) hours a day.
4. In order to correctly place an Order using the order form, you must: a) in the case of placing an Order for Goods – go to the website www.desiva.pl and select the Goods and their quantity, and then confirm your selection by “clicking” the “Add to cart” field;

b) in the case of placing an Order for a Product – go to the website www.desiva.pl and select the Product and its quantity, and also specify individually through the Configurator the technical parameters of the Product and its other properties (available for selection within the Configurator), and after configuring the Product, confirm your selection by “clicking” the “Add to cart” field;

c) after the Customer has added all Products or Goods – make sure that the Product or Goods has been correctly selected by the Customer, in particular in terms of its features, properties and quantity, and then “click” the “I order” field;

d) complete the order form by providing personal data such as: name and surname (and in the case of an Entrepreneur, their company), telephone number, e-mail address, residential address, delivery address, and if the Customer is an Entrepreneur, also the NIP and REGON numbers (the principles and conditions for processing the personal data in question are specified in the Privacy Policy);

e) select the payment method and the Delivery method, as well as the option of issuing a VAT invoice;

f) accept the declaration of having read these Regulations and agreeing to their provisions, as well as the declaration of having read the Privacy Policy;

g) if the Customer has correctly completed the order form and specified the option regarding the payment and Delivery method, and has also submitted all the necessary declarations – “click” the “Order and pay” field.

5. Before the final completion of the Order, the Customer is informed of the total value of this Order, taking into account the Price for the selected Product or Goods and the costs related to the Delivery method of the ordered Product or Goods.
6. The submission by the Customer of a declaration of familiarization with these Regulations and consent to their provisions, as well as a declaration of familiarization with the content of the Privacy Policy, is voluntary, however, their absence prevents the conclusion of the Agreement and the execution of the Order.
7. The submission of an Order by the Customer shall be considered an offer to conclude an Agreement (sale) of the Product or Goods covered by the Order, addressed to the Seller.
8. In order to properly place a Special Order, using e-mail, you should:

a) send in the form of an e-mail a Special Order specifying the furniture or equipment (non-prefabricated item), together with their individual technical design prepared by the Customer, b

also with the Client’s request for the preparation of a technical design of furniture or equipment by the Seller, according to the Client’s guidelines and indications, as well as personal data in the form of: name and surname (and in the case of an Entrepreneur, their company), telephone number and e-mail address (the principles and conditions for processing the personal data in question are specified in the Privacy Policy);

b) after receiving a response from the Seller in the form of an e-mail message indicating the possibility of executing the Special Order, as well as specifying the essential provisions of the Agreement, in particular the price for the execution of the Special Order, the date and method of its execution and the price of the Delivery, as well as after making any arrangements regarding the technical aspects of the execution of the Special Order – send in the form of an e-mail message a clear statement of the Customer accepting the terms of the Special Order and entrusting its execution to the Seller, together with a statement regarding familiarization with and acceptance of the content of these Regulations and a statement on familiarization with the content of the Privacy Policy, as well as further personal data necessary to conclude the Agreement, in the form of a residential address, delivery address, and if the Customer is an Entrepreneur also the NIP and REGON numbers (the principles and conditions for processing the personal data in question are specified in the Privacy Policy).

9. After placing an Order or Special Order, the Customer receives in the form of an e-mail message (via e-mail), to the address indicated by him, a confirmation of acceptance of the Order or Special Order for execution, together with its essential provisions, i.e.:

a) the number of the Order or Special Order;

b) the date of execution of the Order or Special Order; c) the form of payment of the Price (in the case of a Special Order, the price accepted by the Customer) and the costs of Delivery and their total amount;

d) the specification of the subject of the Order or Special Order; e) any other terms of the Agreement agreed individually with the Customer in the Special Order, to which the Customer has expressly consented. 10. The Agreement between the Customer and the Seller is concluded upon receipt by the Customer of an e-mail message about the acceptance of the Order or Special Order for execution.

11. In the event that the Seller is unable to execute the Order or Special Order, he is obliged to notify the Customer by e-mail about the impossibility of executing the Order or Special Order and about the reasons for such refusal.
12. In the event that the subject of the agreement concluded between the Customer and the Seller is a service, if at the express request of the Consumer the performance of the service is to begin before the expiry of the period for withdrawal from the agreement concluded outside the company’s premises, the Seller requires the Consumer to submit an express declaration containing such a request on a durable medium.

§ 7

METHODS OF PAYMENT

1. In connection with placing an Order or Special Order, the Seller provides the Customer with the following forms of payment:

a) bank transfer (the Seller’s bank account number is indicated on the Website and in an e-mail sent to the Customer after placing an Order or Special Order);

b) via the tpay system (online transfers, payment using the Blik system); c) other electronic payments.

2. The Seller reserves that, depending on the type of Order or Special Order, different payment options may be available.
3. In the event of choosing a bank transfer as the form of payment, the Customer is obliged to settle the full value of the Order or Special Order within 7 (in words: seven) days from the date of conclusion of the Agreement, unless the Agreement provides otherwise.
4. In the event of choosing the tpay system or other electronic payments as a form of payment, the Customer is obliged to settle the full value of the Order or Special Order within 3 (in words: three) days from the date of placing the Order or Special Order.
5. The Seller will start the execution of the Order or Special Order after it has been paid in full.
6. The date of payment is the day the payment is credited to the Seller’s bank account or after receiving confirmation of the accepted payment from the tpay system.
7. The Seller will issue a VAT invoice if the Customer has expressly (by selecting the VAT invoice option when placing the Order, and in the case of a Special Order, by an appropriate application in an e-mail when placing the Special Order) requested its issuance and will deliver the VAT invoice to the Customer via e-mail (if the Customer has agreed to this) or by correspondence.

§ 8

ORDER FULFILLMENT

1. Fulfillment (execution) of an Order or Special Order by the Seller, excluding the Delivery time, is up to 5 (in words: five) weeks

from the date of conclusion of the Agreement or from the date of posting the total amount of the required payment specified in the Order or Special Order.

2. Each time, the date of execution of the Order or Special Order is indicated in an e-mail message from the Seller confirming acceptance of the Order or Special Order for execution.

§ 9

DELIVERY AND COLLECTION

1. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, takes place exclusively in the territory of the Republic of Poland.
2. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, takes place to the place indicated as the Delivery address in the Order or Special Order, subject to § 9 section 1 of these Regulations.
3. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, takes place via the

Supplier. Delivery via the Supplier is subject to payment (unless the Agreement provides otherwise), and the Delivery costs are specified each time when placing an Order in the order form. In the case of a Special Order, the Delivery costs are specified by the Seller in an e-mail message indicating the possibility of fulfilling a Special Order.

4. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, takes place on Business Days. 5. The Delivery time is independent of the Seller, and is approximately 48 (in words: forty-eight) hours from the date of shipment by the Seller. The shipment is sent within 24 (in words: twenty-four) hours from the date of completion of the Order or Special Order by the Seller.
5. As part of the Order placed via the Online Store, operating within the Service, via the order form, the Customer has the option of selecting the Delivery option by personal collection. Personal collection is free of charge and takes place from the Seller’s registered office (or from the Seller’s stationary store – if such a store is run). In the case of a Special Order, the Customer is obliged to indicate the method of Delivery in the e-mail message initiating the Special Order.
6. When receiving the shipment or package from the Supplier, the Customer is entitled to check whether the packaging shows external damage. If such inspection shows damage to the packaging, it is recommended to draw up a damage report with the participation of an employee or co-worker (courier) of the Supplier. In the event of damage to the packaging, the Customer may refuse to accept the shipment. Additionally, the Seller recommends checking the Product or Goods, and in the case of a Special Order, the furniture or equipment covered by the subject order, upon receipt.

§ 10

WARRANTY AND COMPLAINTS

1. The Seller ensures Delivery of the Product or Goods, and in the case of a Special Order, the item covered by the subject order, free from physical and legal defects.
2. In accordance with the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended) – art. 556 et seq. – the Seller is liable to the Customer if the sold item has a physical or legal defect (warranty).
3. The Consumer has the right to file a complaint about the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, under the terms and conditions specified in the Act of 23 April

1964, the Civil Code (Journal of Laws No. 16, item 93, as amended), taking into account the provisions concerning consumers.

4. A natural person concluding an Agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, is entitled to file a complaint under the warranty for physical defects of the sold item, in accordance with the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), taking into account the provisions concerning such a person.
5. A Customer who is not a Consumer, as well as a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Business Activity, is entitled to file a complaint under the warranty for physical defects of the sold item, in accordance with the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), excluding special provisions concerning

6. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of issue of the Product or Goods, and in the case of a Special Order, the item covered by the order in question.
7. A complaint may be filed in any manner provided for by generally applicable law, in particular in writing (by leaving a letter with the Seller or sending it by post to the Seller’s registered office address), by e-mail or using the Contact Form.
8. The Seller recommends that the Customer provides the following information in the complaint:

a) description of the circumstances concerning the subject of the complaint;

b) type and date of occurrence of the defect;

c) request for the method of handling the complaint, from among the specific rights under generally applicable law;

d) the Customer’s contact details and the identification of the communication channels to which the Customer agrees when handling the complaint.

9. The Customer who exercises the rights under the warranty is obliged to deliver the complained item to the Seller’s registered office.
10. The Seller shall consider the complaint within 14 (in words: fourteen days) from the date of its receipt. The Seller shall take a position on the complaint within the period referred to above, using the communication channels to which the Customer agreed when submitting the complaint, and in the absence of such consent, in writing by correspondence.

§ 11

RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. Pursuant to the content of art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) A Consumer who has concluded a Sales Agreement or an agreement for the provision of Services by electronic means has the right to withdraw from it without giving any reason, within 14 (in words: fourteen) days, subject to § 11 section 7 of these Regulations.
2. The deadline for withdrawal from the Agreement expires after 14 (in words: fourteen) days from the date:

a) 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;

b) in the case of items delivered in batches or in parts, on which the Consumer came into possession of the last batch or part or on which a third party other than the carrier and indicated by the Consumer came into possession of the last batch or part;

c) in the case of a Service Agreement, conclusion of an agreement.

3. In order to exercise the right to withdraw from the agreement, the Consumer must inform the Seller (Service Provider) of their decision to withdraw from the agreement by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail, or a statement submitted via the Contact Form).
4. The Consumer may exercise the right to withdraw from the agreement using the model statement of withdrawal from the agreement, which constitutes Annex No. 2 to these Regulations, or via the Contact Form available on the Website.
5. In the event that the Consumer submits a statement of withdrawal from the agreement via the Contact Form available on the Website, or via e-mail, the Seller will immediately send them confirmation of the information on withdrawal from the agreement on a durable medium (via e-mail).
6. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the deadline for withdrawal from the contract expires.
7. Pursuant to the content of art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the right to withdraw from the contract (concluded at a distance) does not apply to the Consumer in relation to contracts:

a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract;

b) in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet their individual needs;

c) where the subject of the provision are items that, due to their nature, are inseparably connected with other items after delivery;

d) where the Consumer has expressly requested that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the Consumer, or supplies items other than spare parts necessary for repair or maintenance, the right to withdraw from the contract is granted to the Consumer in relation to additional services or items.

8. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivering the item (with the exception of additional costs resulting from the selected

from the Consumer a method of delivery other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 (in words: fourteen) days from the day on which the Seller was informed of the Consumer’s decision to exercise the right to withdraw from this agreement, subject to § 11 section 10 of these Regulations.

9. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In each case, the Consumer shall not incur any fees in connection with this refund.
10. The Seller may withhold the refund until the goods are received or until the Seller is provided with proof of their return, depending on which event occurs first.
11. The goods should be sent back or the item should be handed over to the Seller to the following address: Lepolam Sp. z o.o. ul. Przemysłowa No. 35, 26-052 Nowiny, immediately, and in any case no later than 14 (in words: fourteen) days from the day on which the Consumer informed the Seller of the withdrawal from this contract. The deadline is met if the Consumer sends the item back to the Seller before the expiry of the 14 (in words: fourteen) day period.
12. The Consumer shall bear the direct costs of returning the item, including the costs of returning the item.
13. The Consumer shall be liable only for the reduction in the value of the item resulting from its use in a manner other than necessary to determine the nature, characteristics and functioning of the item.
14. The Seller requests that the previously received accounting document (receipt or VAT invoice) be attached to the declaration of withdrawal from the contract or to the returned item.
15. The provisions regarding withdrawal from the contract by the Consumer, contained in § 11 of these Regulations, shall apply accordingly to a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for them.
16. A template for the instruction on the right to withdraw from the Contract constitutes Annex No. 1 to these Regulations.
17. A template for the declaration of withdrawal from the Contract constitutes Annex No. 2 to these Regulations.

§ 12

PERSONAL DATA PROTECTION

1. Using the Service, as well as the Online Store operating within it, involves the processing of personal data of Users or Customers. 2. The Seller indicates that detailed principles for the protection and processing of personal data have been specified in the Privacy Policy, available on the Service.

§ 13

FINAL PROVISIONS

1. These Regulations enter into force on February 1, 2021 and are valid for an indefinite period.
2. These Regulations are available on the Website, in a way that allows you to read their content, save them, secure them and download them (save them in the memory of the User’s or Customer’s device). In each case, the User or Customer may request that the Seller delivers (free of charge) these Regulations to the e-mail address indicated by the requesting party, in the form of a PDF file.
3. The Seller reserves the right to change these Regulations or introduce a new version of the document in question for important reasons (important reasons should be understood in particular as changes in the scope of generally applicable legal provisions, changes in the Seller’s business profile or the assortment offered within the Online Store, changes in the method of payment and delivery). Any changes to the Regulations or introduction of a new version of the document in question shall not affect Orders placed before these changes were introduced. In the event of concluding agreements on the provision of Services by electronic means on the basis of these Regulations, for an indefinite period (of a continuous nature), the amended Regulations shall bind the User or the Customer, if the Seller has complied with the requirements specified in art. 384 and 3841 of the Act of 23 April 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended), i.e. the User or the Customer has been properly notified of the changes to the Regulations and their new content and the User or the Customer has not terminated such Agreement immediately.
4. Agreements concluded by the Seller as part of the Online Store operated by him are concluded in Polish and are subject to Polish law, unless other provisions generally applicable in the territory of the Republic of Poland refer in an unconditional manner to another foreign law.
5. In matters not regulated by these Regulations, the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended) and other generally applicable legal provisions in the territory of the Republic of Poland shall apply.
6. Poland.
7. The Customer or User undertakes to use the Service, as well as the Online Store operating on it, in a manner consistent with the provisions of these Regulations, as well as with other generally applicable provisions of law in the territory of the Republic of Poland.
8. In all disputes between the Seller (Service Provider) and the Consumer, arising from the conclusion, performance or implementation of the Agreement, the competent court shall be the court specified in generally applicable provisions of law.
9. In all disputes between the Seller (Service Provider) and the Customer, who is not also a Consumer, arising from the conclusion, performance or implementation of the Agreement, the competent court shall be the court for the seat of the Seller (Service Provider).
10. In the event that the complaint procedure conducted on the basis of these Regulations does not bring a satisfactory result, the Consumer has the right to use out-of-court methods of handling complaints and pursuing claims. The Seller indicates that detailed possibilities for the Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of offices (bodies) and state institutions dealing with the protection and assistance of the Consumer, i.e. municipal or district consumer advocates, Voivodship Inspectors of the Trade Inspection and the Office of Competition and Consumer Protection. The Consumer may also seek information in this regard from the appropriate social organizations whose statutory tasks include consumer protection. Information important for the Consumer can be found in particular at the following Internet addresses:
11. a) http://www.uokik.gov.pl/spory_konsumenckie.ph
12. b) http://www.uokik.gov.pl/sprawy_indywidualne.php
13. c) http://www.uokik.gov.pl/wazne_adresy.php
14. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded sales agreement. In addition, the Consumer may apply to the provincial inspector of the Trade Inspection, in accordance with the content of art. 36 of the above-mentioned Act, with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Consumer.
15. At http://ec.europa.eu/consumers/odr there is a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform’s website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).