1.3. The sale of goods on this portal is implemented via the portal Luxury Love, which is owned by Kamila Cierniak, established under the name of Adprogress Kamila Cierniak (business address: ul. Wojska Polskiego 16a, 42-240 Rudniki, Poland) written to the Central Registration and Information on Economic Activity of the Republic of Poland kept by the Minister responsible for the economy, NIP 9492086519, REGON: 368674549, an electronic mail address: email@example.com, phone number: +48 798 777 653.
1.5. The information and the personal data provided by the user shall be processed in accordance with data protection rules, IE. Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (the General Data Protection Regulation).
1.6.1. WORKING DAY– one day from Monday to Friday, excluding public holidays.
1.6.2. REGISTRATION FORM– a form available in the online store that allows the user to create an account.
1.6.3. ORDER FORM– electronic service, an interactive form available in the online store for ordering, in particular by adding Products to an electronic shopping cart and specifying the conditions of the contract of sale, including method of delivery and payment method.
1.6.4. CUSTOMER– (1) a natural person with full legal capacity, and in the cases provided for by the provisions of generally applicable also natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, whom an act has granted a legal capacity; who has concluded or intends to conclude a sales contract with the Seller.
1.6.5. THE CIVIL CODE– law in the Civil Code of 23 April 1964 (OJ 1964 # 16, item 93 as amended).
1.6.6. ACCOUNT– electronic service marked by an individual name (login) and password and specified by the client collection of resources which is saved in the computer system of the Service Provider. This electronic service collects data provided by the client and information about his Orders in the online store.
1.6.7. NEWSLETTER–electronic distribution service provided by your service provider via email, which allows all use with her clients to automatically receive from your service provider recurring content in subsequent editions of the newsletter containing information about products, news and promotions in the online store.
1.6.8. PRODUCT– movable property available in the online shop that is the subject of the contract of sale between the customer and the seller.
1.6.9. TERMS AND CONDITIONS - these terms and conditions of the online store.
1.6.10. ONLINE STORE- online store service provider available at the Internet address: LUXURYLOVE.PL.
1.6.11. SERVICE PROVIDER– Kamila Cierniak, established under the name of Adprogress Kamila Cierniak (business address and address for service: Wojska Polskiego 16a Street, 42-240 Rudniki) written to the Central Registration and Information on Economic Activity of the Republic of Poland kept by the Minister responsible for the economy, NIP 9492086519, REGON 368674549 an electronic mail address : firstname.lastname@example.org, phone number: +48 798 777 653.
1.6.12. THE CONTRACT OF SALE is a contract for the sale of a product made or concluded between the customer and the seller via the online shop.
1.6.13. ELECTRONIC SERVICE– a service provided electronically by the provider to the recipient through the online store.
1.6.14. THE CLIENT– (1) a natural person with full legal capacity, and in the cases provided for by the provisions of generally applicable also natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law recognizes the legal capacity; -using or intending to use the services.
1.6.15. CONSUMER RIGHTS ACT– the Act of May 30, 2014, on Consumer Rights (OJ 2014.827, as amended.)
1.6.16. ORDER- statement Customer will be submitted using the order form and taken directly to the conclusion of the contract of sale of the product from the Seller
1.6.17. THE SELLER– the user who intends to offer or sell Products on the website.
1.6.18. PRODUCT AUTHENTICATION- activities of the Service Provider consisting of the verification of the Product received from the Seller, primarily in terms of compliance with the description of the Product Announcement and Authenticity and other relevant factors such as authenticity, quality or visible defects of the Product.
1.6.19. SALES INTERMEDIATION AGREEMENT- an agreement concluded between the Service Provider and the Seller, to fulfill the conditions set out in these Regulations.
2. E-SERVICES IN THE ONLINE STORE
2.1. In the online store the following services are available: Account, order form, and a Newsletter.
2.1.1. ACCOUNT– activating and using the account is possible after the subsequent three steps are completed by the client – (1) filling out the registration form, (2) clicking on the "sign up" button and (3) confirming the creation of your account by clicking on the confirmation link sent automatically to your email address. The registration form is necessary to provide the User the following data of the recipient: the e-mail address and password. A client must provide the following data in the Registration Form in order to set up an account: e-mail and password in the Registration Form.
126.96.36.199. The Electronic Service- ACCOUNT is provided free of charge for an indefinite period. The customer has the right at any time and without cause, terminate his account (opt out of) by sending a relevant request to the service provider, in particular via email to the email address: email@example.com or by sending a letter to the address: Adprogress Kamila Cierniak, ul. Wojska Polskiego 16a, Rudniki, 42-240.
2.1.2. THE ORDER FORM – the use of the order form begins at the moment when a Client adds a first product to an electronic shopping cart in the online store. The order follows after the client completes two next steps – (1) after completing the order form and (2) after clicking "confirm purchase with the obligation to pay" in the order form-to this point it is possible to modify an order (in order to do this, follow the prompts and information available in the online store). The Client should provide the following data in the order form: Client’s name and surname, Client’s address (Street, house number/apartment, city, postcode, country), Client’s e-mail address, Client’s contact telephone number and data on the contract of sale: the product, the quantity of the product (s), place and method of delivery of the product (s), method of payment. In the case of customers who are not consumers, it is necessary to also provide the company name and tax ID number.
188.8.131.52. Electronic service ORDER FORM is provided free of charge and is a one-off and shall be terminated at the moment of placing an order through it, or as soon as the early cessation of the order for his over by the client.
2.1.3. NEWSLETTER– the client can start using the newsletter after completing subsequent steps: (1) after submitting his e-mail address in the "Newsletter" section visible on the online store (2) after clicking "subscribe".
184.108.40.206. Electronic Newsletter is provided free of charge for an indefinite period. The customer has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (unsubscribe Newsletter) by sending the relevant request to the service provider, in particular via e-mail to the following e-mail address: firstname.lastname@example.org,or by sending a letter to the address: Adprogress Kamila Cierniak, Wojska Polskiego 16a Street, 42-240 Rudniki.
3. LISTING PRODUCTS FOR SALE
3.1. The use of Luxury Love services or functionalities within the Website, except for viewing product listings and using the offers posted on the Website, in particular listing the products for sale requires user registration, i.e. setting up a User account and its activation, depending on the type of service or functionality. The user obtains information that he must set up an account to use the service or functionality.
3.2. Listing products for sale by Users on the Website can be done by using the "Sell" form. In order to list a Product for sale, the User is obliged to indicate the necessary data and upload the images required by the “Sell” Form.
3.3. The Product will be listed for sale on the Website after the Service Provider‘s approval of the content submitted by the User.
3.4. At the time of authorization of the Product Listing, the Service Provider will verify the compliance of the content submitted by the user with the condition shown in the pictures, quality of photos (the product photos should be of good quality, the product should be illuminated well enough and presented on a uniform, white background; the photo should present all essential features of the Product including possible defects, signs of use or flaws).
3.5. The Service Provider reserves the right to refuse publication of Products Listings that do not meet the above-indicated criteria, or to request from the Seller to clarify, rectify, amend, supplement or repair incorrectly specified elements of the Product Listing.
3.6. It is forbidden to copy or reproduce the content of Product Listings or their elements (in particular photos and illustrations) placed on the Website, as well as to use them in a different way (in particular displaying for commercial purposes) without prior consent of the Service Provider.
3.7. The Service Provider reserves the right to modify the images (cut out the products from the photo and place them on a uniform background) and descriptions (e.g. in grammatical or linguistic terms). Only products of the brands specified in the "Sell" Form will be accepted. Products of other brands can be accepted if so decided by the Service Provider. Authorization of the Product Listing by the Service Provider will be carried out within 2 business days from the date of receipt of the Product Listing. No publication of the Product Listing within 2 working days from the date of content submission by the User indicates a negative result of the authorization (no approval of the content submitted in the Product listing).
3.8. The Product Listing will be published on the website after completing the following steps:
3.8.1. filling out the “Sell” Form by the Seller,
3.8.2. clicking “Confirm” by the Seller after filling out the “Sell” Form- up to till now, it is possible to change the data entered by the Seller,
3.8.3. approval of the submitted Product content by the Service Provider.
3.9. The Seller submits the following content in the “Sell” Form:
• Product name
• Product category and subcategory
• Product description
• Size/ measurements
• Product photos (minimum 3)
• Sell price (in the field “For you” the service automatically calculates the amount to be paid to the Seller after deducting the Service Provider’s commission which constitutes 15% of the sell price set by the Seller).
3.10. The information contained in the Product Listing must be truthful, accurate and current, not misleading and not infringing the rights of third parties. The Product Listing must be in Polish or English;
3.11. Filling out the “Sell” Form by the Seller is free of charge (subject to the obligation to refund the cost of Product shipment only if the Product is not compliant with the information submitted by the Seller according to the clause 220.127.116.11), is of one-off nature, and ends with the registration of all data necessary in the IT system of the Service Provider.
3.12. The Product price entered in the “Sell” Form should be the gross price (it should include VAT and other costs to be paid by the Seller, as well as the commission due to the Service Provider for the provision of intermediation services in the Sales Agreement (the Service calculates the commission automatically and includes it in the Sell Price). The Service Provider receives the commission only in case of the conclusion of the Sales Agreement via this Website. The commission constitutes 15 %of the Sell Price.
3.13. Each User using the Website, in particular by listing a product on the Website, is obliged in particular:
3.13.1. not to violate personal rights, copyrights, industrial property rights of third parties, in particular personal rights of other Service Users;
3.13.2. to avoid any other behavior that is inconsistent with applicable law, good customs or principles of social co-existence or harming the Service Provider's reputation;
3.13.3. not to provide or forward content prohibited by law or content violating or likely to violate good morals, moral or ethical norms, including sexual undertones, in particular photos and other pornographic content;
3.13.4. to use the Website in a manner consistent with all applicable laws and provisions of the Terms of Conditions;
3.15. It is forbidden to sell non-original items (so-called counterfeits or substitutes for Original Products).
3.16. It is forbidden to sell items that violate in any way the rights of other people, including trade and company rights (trademarks) and indications of origin.
3.17. It concerns also goods whose designation (for example, a description on the packaging) may mislead customers as to the essential characteristics of these goods - for example, origin, quality, performance and others.
4. CONDITIONS FOR CONCLUDING CONTRACTS AND THEIR CONTENTS
The content of the services and the offer of the Service Provider results from the Regulations, offer or content of the Website, and possibly from a separate written contract, including all attachments. In the event that the Service Provider provides for such a possibility for certain services, the Registered User may conclude a contract with the Service Provider in writing on the conditions indicated therein, and the contract is concluded for an indefinite period and may be terminated by each of the parties at any time with a one-month notice period with effect at the end of the calendar month, unless something else results directly from its content. In such a case, the content of this contract that is inconsistent with these Regulations takes precedence over them, and the remaining provisions of the Regulations apply to the rest.
4.1. In the case of placing an Order by the Buyer, the Service Provider immediately confirms to the Buyer who submitted the Order the fact of its receipt and initiates activities aimed at its implementation. Confirmation of receipt of the Order and its acceptance for execution shall be made by sending by the Service Provider an e-mail to the e-mail address provided by the Buyer.
4.2. Conclusion of the Intermediary Agreement in sale between the entities, i.e. the Seller and the Service Provider takes place after the Service Provider has approved the content of the Product Listing submitted by the Seller via the “Seller” Form, upon receipt by the Seller confirmation of positive verification of submitted Product Offering, after publication of the Product Offering and the total fulfillment of the conditions specified in paragraph 4.4. of these Terms and Conditions.
4.2.1. The Service Provider is obliged, among others:
18.104.22.168. To publish the content of the Product Offering submitted by the Seller after the previous content authorization by the Service Provider.
22.214.171.124. In the event of receiving an Order- to sell the Product to the Buyer on the Seller's account.
126.96.36.199. After receiving the Product from the Seller – to carry out the Product Authentication, award money received from the Buyer for payment of the Product price by making the transfer to the account indicated by the Seller within 3 working days from the moment of delivering the Product to the Buyer after obtaining previously the positive result of the Product Authentication and after deducting the commission in accordance with the point 188.8.131.52.
184.108.40.206. To refuse to verify the User due to the low credibility or incompleteness of the data provided by the User. The Service Provider may, therefore, decide to temporarily block access to the User's Account or to delete it – i.e. terminate the Contract for the provision of services with immediate effect.
4.2.2. The seller is obliged:
220.127.116.11. To take appropriate measures to prevent third parties from accessing his User Account and Login Details. The provision of an Account or Login Data to third parties is solely at the User's risk.
18.104.22.168. To pay to the Service Provider the amount of commission in accordance with the Price List available on the Website (i.e. 15% of Sale Price) which will be done by deducting the Commission amount from the amount of the Price received from the Buyer.
22.214.171.124. To reimburse the Product shipment costs to the Service Provider if the Product Authentication is completed with a negative result for the reasons attributable to the Seller; in this case, the return of the Product is via a courier delivery service - the amount to be paid is the equivalent of the shipping costs previously covered by the Service Provider in connection with the delivery of the Product.
126.96.36.199. To submit a Product Offering in accordance with the actual and legal status; The Seller is obliged to provide true, current and complete data required by the Service Provider. Only the Seller is liable for the consequences of providing untrue, outdated or incomplete data in the “Sell” Form.
4.3. If a Product submitted by the Seller on the Website is sold, the Seller should ship the Product to the Service Provider’s address in order to allow Service Provider to proceed with the Product Authentication. The shipping costs are at the expense of the Seller. The Product Authentication is performed by the Service Provider within 2 business days from the date of receiving the Product. The Seller and the Buyer are notified about the result of the Product Authentication within 2 working days from the completion of the Product Authentication, via e-mail.
4.4. The Sale Agreement will be concluded when the following steps are obligatorily fulfilled:
4.5.1. Placing an Order by the Buyer using the Order Form on the Website and making the payment for the Product along with the shipping costs indicated in the Order Form.
4.5.2. Acceptance of the offer by the Seller and delivery of the Product to the address indicated by the Service Provider.
4.5.3. The Product Authentication carried out by Service Provider has been completed with a positive result (or also in the case of a different result after confirming the Buyer's willingness to purchase the Product despite informing him of inaccuracies and circumstances that affected this result), upon receiving by the Buyer information from the Service Provider about the positive result of the Product Authentication (or in case if Luxury Love received a confirmation from the Buyer about the Buyer's willingness to purchase the Product despite informing him of inaccuracies and circumstances that affected this result). Information about the Product Authentication is also sent immediately to the Seller via the e-mail message.
4.5. All prices listed on the Website are in Polish zlotys (PLN) and euro (EUR), they are gross prices (i.e. they include all components such as taxes). The price binding on the parties is the price at which the Buyer ordered the goods in the order form. The given prices of goods do not include the cost of delivery, which depends on the delivery method and the destination country and will be shown in the order form after filling out the complete delivery address.
4.6. Handing over, consolidation and securing the content concluded between the Parties to the Sales Agreement takes place by making these Terms and Conditions available on the Website and sending the e-mail to the Seller.
5. METHODS OF PAYMENT
5.1.1. The Service Provider provides the following methods of payments:
188.8.131.52. Payment via bank transfer to the bank account of the Service Provider:
(1a) in Polish zloty (PLN):
Account holder: Adprogress Kamila Cierniak,
Account holder’s address: Wojska Polskiego 16a Street, 42-240 Rudniki, Poland
Bank name and bank address:
IBAN: PL 24 1140 2004 0000 3902 7723 5578
Please give your order reference number in the bank transfer title. We are waiting for the payment for 3 days - if we do not receive your payment till then your order will be cancelled.
(1b) in euro (EUR):
184.108.40.206. Electronic payments and payments by credit card via PayPal.
220.127.116.11. Electronic payments via Tpay.
5.2. The Service Provider shall provide the Seller the following ways of transferring the amount of the price of the contract of sale, after deduction of commissions for Sales Intermediation Agreement:
5.2.1. Payment via bank transfer to the Seller’s bank account.
6.1. Product delivery is available on the territory of the Republic of Poland and the territory of the Member States of the European Union.
6.1.1. Product delivery to the buyer is a paid service, unless the sale agreement provides otherwise.
6.2. The costs of delivery of the product (including transport, delivery and postal services) are indicated to the buyer during the ordering process in the Order Form after filling out by the Buyer the exact Delivery address.
6.3. The Product delivery time to the Buyer is up to 10 working days on the territory of Poland and up to 15 working days on the territory of other European Union member countries . The beginning of the period of delivery of the product to the buyer shall be counted from the day of conclusion of the contract of sale.
7. THE PRODUCT COMPLAINT
7.1. The basis and extent of liability of the Service Provider and the Seller against Buyer, if the sold product has a defect or entity (warranty) are referred to the generally applicable provisions of law, in particular in the Civil Code. To the principles of the responsibility of the user against the buyer shall apply in particular the provisions concerning the liability of Commission agent for the sale of things entrusted by principal to sell the consignment agreement.
7.2. The Seller is obliged to provide the Service Provider Product without defects (in conformity with the contract).
7.3. The Service Provider is obliged to deliver to the Buyer a product without defects (in conformity with the contract).
7.4. The complaint may be filed by the Buyer, for example:
7.4.1. by sending a complaint to the address: Adprogress Kamila Cierniak, Wojska Polskiego 16a Street, 42-240 Rudniki, Poland.
7.4.2. in electronic form via sending an e-mail to the following e-mail address:email@example.com.
7.5. It is recommended for the Buyer to include in the description of the complaint: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of a defect; (2) request for how to bring the product into conformity with the contract of sale or to reduce the price or withdraw from the contract of sale; and (3) the contact information of the complaining – this will facilitate and expedite the consideration of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of the complaints submitted without the recommended description of the complaint.
7.6. The Service Provider shall respond to the Buyer’s complaints immediately, not later than within 14 calendar days from the date of its submission. The lack of comment on from the Service Provider in the above period means that the Service Provider has considered the complaint as justified.
7.7. If it is necessary to provide the Product to the Service Provider in order to respond by the Service Provider for the claims of the Buyer or to comply with the Buyer's rights arising from the warranty, the Buyer will be asked by the Service Provider to deliver the product to the indicated address at the expense of the Service Provider.
7.8. A request for the delivery of the Product, referred to in paragraph 7.7 of the Terms and Conditions does not affect the time limit to respond to the Buyer's claim by the Seller as referred to in section 7.6 of the Terms and Conditions, and without prejudice to the right of the buyer to request from the Service Provider to bring the Product into conformity with the contract of sale or to reduce the price or withdraw from the contract of sale referred to in article 2. 561  of the Civil Code.
8. RIGHT OF WITHDRAWAL
8.1. In case of brand new products marked as "sold by Luxury Love": A consumer who has concluded a Sales Contract, may within 14 calendar days withdraw from it without giving any reason and without incurring costs, except for the costs specified in paragraph 8.9 of the Terms and Conditions.
8.2. To maintain the deadline it is sufficient to send the declaration before its expiry. Statement of withdrawal from the contract by the Buyer may be made, for example:
8.2.1. by sending the Statement of withdrawal to the address of the Service Provider (i.e. Wojska Polskiego 16a Street, 42-240 Rudniki, Poland) or in electronic form via sending an e-mail to the following e-mail address: firstname.lastname@example.org.
8.3. An example withdrawal form is contained in annex 2 to the Act on the Rights of the Consumer.
8.4.The deadline to withdraw from the contract begins:
8.4.1. for the contract, whereby the Seller releases the Product, being obliged to transfer its property (e.g. Sales contract) - from taking the Product in the possession by the consumer or the by the third party other than the carrier, and in case of a contract, which includes a variety of products that are supplied separately, in lots or in parts-from taking possession of the last Product, batch or part;
8.4.2. other agreements – from the day of conclusion of the contract.
8.5. In case of withdrawal from the contract concluded at a distance contract shall be considered null and void.
8.6. The Service Provider shall be obliged immediately, not later than within 14 calendar days from the date of receipt of the statement of the consumer to withdraw from the contract, to return to the consumer all payments made by the consumer, including the cost of delivery of the Product (from the exception of the additional costs resulting from the selected shipping method the buyer other than the cheapest regular delivery method available in the online store). The Service Provider shall make the refund using the same method of payment, which has been used by the consumer, unless the consumer has expressly agreed on another way to return, which is not associated with any costs. If the Service Provider has not suggested, that he collects the Product from the consumer by himself, he may withhold the reimbursement payments received from the consumer until he receives the Product back or the consumer delivers the proof of the Product return, depending which event occurs earlier.
8.7. The consumer must immediately, not later than within 14 calendar days from the date when he withdrew from the contract, return the Product to the Service Provider, unless the Service Provider suggested that he himself will collect the Product. To maintain the deadline it is sufficient to send the Product prior to its expiration. Consumers can return the product to the following address: Adprogress Kamila Cierniak, Wojska Polskiego 16a Street, 42-240 Rudniki, Poland.
8.8. The consumer shall be liable for any diminished value of the Product as a result of the use of it in ways that go beyond the necessary to establish the nature, characteristics and functioning of the product, in particular a product must have originally attached to him Luxury Love tags.
8.9. The possible costs associated with the withdrawal by the consumer, which the consumer is obliged to pay:
8.9.1. If the consumer has chosen the way of delivery of the product other than the cheapest regular delivery method available in the service, the Service Provider shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.9.2. The consumer shall bear the direct cost of returning the product.
8.10. The right to withdraw from the contract concluded at a distance shall not be entitled to the consumer in respect of contracts:
8.10.1. for the provision of services, if the seller has performed in full service with the express consent of the consumer, who was informed before the commencement of that after completion of the service by the seller loses the right to withdraw from the agreement;
8.10.2. where the price or remuneration depends on fluctuations in the financial market over which the seller has no control, and which may occur before the expiry of the deadline to withdraw from the contract;
8.10.3. where the object of the service is a product not prefabricated, manufactured according to the specifications of a consumer or for satisfaction of his individualized needs;
8.10.4. the provision is attached to deteriorate or having a short shelf life;
8.10.5.where the object of the service is supplied in sealed packaging, which after opening the package cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery;
8.10.6. the benefits are products that after delivery, due to their nature, are inseparably linked to other things;
8.10.7. the provision of alcoholic beverages, the price was agreed upon at the conclusion of the contract of sale and the delivery can take place only after 30 days and the value of which depends on fluctuations in the market, over which the seller does not have control;
8.10.8. in which the consumer expressly requested, seller to it comes to urgent repair or maintenance; If the seller provides also services other than those where the consumer requested or supplies products other than spare parts necessary to repair or maintenance, the consumer is entitled to the right to withdraw from the agreement in respect of additional services or products;
8.10.9. the benefits are sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
8.10.10. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreement;
8.10.11. contained in the public auction;
8.10.12. for the provision of services in the field of accommodation, other than for residential purposes, the carriage of goods, rental cars, catering, services related to leisure, entertainment events, sports or cultural events, if the agreement marked date or period of performance;
8.10.13. for the supply of digital content, which are not stored on durable media, if performance has begun with the express consent of the consumer before the expiry of the deadline to withdraw from the contract and after having informed him by the seller of the loss the right of withdrawal.
9. FINAL PROVISIONS
9.1. Agreements concluded by the Service Provider are in Polish and English.
9.2. In matters not regulated by these Terms and Conditions shall apply generally applicable Polish law provisions, in particular: the Civil Code; the Act on provision of services by electronic means; to the users that are the consumers-the provisions of the law on consumer rights and the other relevant provisions of applicable law.
9.3. Any comments and suggestions from users are always welcome. To send comments and suggestions please use the contact form. If you believe that your rights have been infringed you can refer your complaint to us via the email address: email@example.com in order to seek an out-of-court settlement of the dispute.
9.4. As a result, if the contract of sale is concluded between you and the Seller through our portal (website)-in accordance with Regulation (EC) no 524/2013, I hereby announce that the user has the right to seek solutions with us any consumer dispute out-of-court way, through the platform for the resolution of disputes on-line, available at http://ec.europa.eu/consumers/odr/.