1. INTRODUCTION
1.1. This document (hereinafter referred to as the “Terms and Conditions”), together with other documents herein, shall specify the general terms and conditions governing the use of the Luxury Love website (in the following “Website”), as well as the use of any mobile applications Luxury Love on smartphones and other portable device or electronic purchases through it.
1.2. We encourage you to carefully read the Terms and Conditions, Cookies policy and Privacy policy before using our Website. It is very important to understand the Terms and Conditions and Privacy Policy every time the order is placed.
1.3. The General Terms and Conditions are the terms and conditions as referred to in article 8 of the Act of 18 July 2002 on provision of services by electronic means.
1.4. The Owner and Administrator of the Luxury Love Website is Kamila Cierniak, established under the name of Luxury Love Kamila Cierniak (business address: ul. Wojska Polskiego 16a, 42-240 Rudniki, Poland) registered in Central Registration and Information on Business of the Republic of Poland, NIP 9492086519, REGON: 368674549, an e-mail address: sklep@luxurylove.pl, phone number: +48 798 777 653 (in the following: „Administrator” or „Service Provider”).
1.5. The Service Provider is the Administrator of personal data processed in the connection with the provision of services provided electronically via the Website.
Personal data are processed for the purposes and on the basis of the principles stated in the Privacy policy of the Luxury Love Website. Providing personal data is voluntary, although it may be necessary to conclude a sales contract via the Website. Any individual whose personal data has been processed by the Service Provider has the right to review, correct, update or delete his personal data.
1.6. The information and the personal data provided by the User shall be processed in accordance with the rules stated in the Privacy Policy, in accordance with the Regulation of the European Parliament and 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).
1.7. DEFINITIONS
1.7.1. WORKING DAY– one day from Monday to Friday, excluding public holidays.
1.7.2. REGISTRATION FORM– a form available on the Website that allows creating an Account.
1.7.3. ORDER FORM– electronic service, an interactive form available on the Luxury Love website allowing users to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Contract including the method of delivery and payment.
1.7.4. 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.
1.7.5. CIVIL CODE- the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, Item 93 as amended).
1.7.6. ACCOUNT- Electronic Service marked with an individual name (login) and password, as well as a set of resources provided by the Customer stored in the Service Provider's ICT system, in which data provided by the Customer and information about the Orders placed by the Customer on the Luxury Love website are collected.
1.7.7. CONSUMER - a Client who is a natural person, performing with the Service Provider or the Seller a legal transaction not directly related to his/her business or professional activity.
1.7.8 NEWSLETTER- Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions on the Website.
1.7.9. PRODUCT LISTING- an offer of sale of a Product placed on the Website by the Seller.
1.7.10. ENTREPRENEUR- a natural person, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, conducting business or professional activity on its own behalf.
1.7.11. ENTREPRENEUR UNDER CONSUMER'S RIGHTS - a natural person conducting a business or professional activity on his own behalf, who has entered into a contract with the Service Provider or the Seller directly related to his business activity, but which does not have a professional character for this person, resulting in particular from the subject of his business activity.
1.7.12 PRODUCT- a movable item available on the Website, which is the subject of a Sales Contract between the Customer and the Seller, belonging to the Seller or which the Seller is authorized to sell.
1.7.13. TERMS AND CONDITIONS - these terms and conditions of the Luxury Love Website.
1.7.14. SALE AGREEMENT- an agreement for sale of a Product concluded between the Customer and the Seller via the Service.
1.7.15. ELECTRONIC SERVICE– a service provided electronically by the Service Provider to the Customer via the Website.
1.7.16. CONSUMER RIGHTS ACT– the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014 item 827 as amended).
1.7.17. USER- a user of the Website.
1.7.18. ORDER - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Contract of Sale with the Seller specifying the number and type of ordered Products.
1.7.19. SELLER- a user with full legal capacity or authorized to sell a Product who offers, intends to offer, or sell Products via the Website.
1.7.20. PRODUCT AUTHENTICATION- actions of the Service Provider consisting of verification of the Product received from the Seller or the Customer according to the rules described at: https://luxurylove.pl/en/content/34-entrupy, primarily in terms of compliance with the description of the Product Listing and authenticity of the Product and other relevant factors such as quality or visible defects of the Product.
1.7.21. SALES INTERMEDIATION AGREEMENT- an agreement concluded between the Service Provider and the Seller, after the Seller fulfills the conditions set forth in these Terms and Conditions.
2. ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE
2.1. On the Website the following services are available: Account, order form, and a Newsletter.
2.1.1. ACCOUNT– activating and using the account service is possible after the subsequent three steps are completed by the User – (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. A User must provide e-mail and password in the Registration Form in order to set up an account.
2.1.1.1. The Electronic Service ACCOUNT is provided free of charge for an indefinite period of time. The User has the right, at any time and without giving any reason, to delete the Account (to resign from the use of the Account service) by sending an appropriate request to the Service Provider, in particular via email to the email address: sklep@luxurylove.pl or in writing to the address: Luxury Love 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 on the Website. 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 follow the messages displayed and information available on the Website). 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 case of customers who are not consumers, it is necessary to provide the company name and tax ID number.
2.1.2.1. Electronic service ORDER FORM is provided free of charge and has a one-time nature and shall be terminated when the Order is placed through it or when the User discontinues placing the Order through it earlier.
2.1.3. NEWSLETTER– the User can start using the newsletter after completing subsequent steps: (1) after submitting his e-mail address in the "Newsletter" section visible on Website (2) after clicking "Subscribe".
2.1.3.1. The electronic service NEWSLETTER is provided free of charge for an indefinite period of time. The User has the possibility, 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: sklep@luxurylove.pl, or by sending a letter to the address: Luxury Love Kamila Cierniak, Wojska Polskiego 16a Street, 42-240 Rudniki.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other media device allowing the use of Internet resources; (2) ) access to an active e-mail account; (3) Web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) the recommended minimum screen resolution: 1024 x 768; (5) enabling cookies and Javascript in your web browser.
2.3. The User is obliged to use the Website in a manner consistent with the provisions of commonly binding law, the provisions of these Terms and Conditions, as well as with good practices.
2.4. The provision of unlawful content by the User is prohibited.
2.5. It is forbidden for Users to use viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools).
2.6. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular, to prevent third-party access to data, including by SSL encryption, use of access passwords and anti-virus or anti-wanted software programs.
2.7. The Service Provider informs that despite the use of safeguards referred to in paragraph 2.6. above, the use of the Internet and services provided electronically may be at risk of malicious software entering the User's information and communication system and device, or gaining access to the data located on this device by third parties. In order to minimize the referenced threat, the Service Provider recommends the use of anti-virus programs or means of protecting identification on the Internet.
2.8. The Service Provider undertakes to make every effort to ensure that the Website is available to Users at all times (24 hours a day, 7 days a week, 365 days a year).
2.9. The Service Provider shall not be liable for disruptions in the operation of the Website resulting from: (1) maintenance and modernization work carried out on the Site; (2) causes attributable to the User; (3) causes beyond the Service Provider's control, in particular the actions of third parties for which the Service Provider is not responsible.
2.10. The Service Provider commits to carry out the works referred to in the section 2.9. (1) above, in a manner that is as little inconvenient to the Users as possible, and as far as possible to inform them in advance of the planned work.
2.11. The Service Provider commits to remove disruptions to the functioning of the Website on an ongoing basis.
2.12. The Service Provider shall not be liable for non-performance or improper performance of the Service if it is the result of circumstances beyond the Service Provider's control, which the Service Provider was unable to prevent even if all due care had been exercised.
2.13. The User is obliged to immediately notify the Service Provider of any infringement of his rights in his use of the Website.
2.14. The Service Provider is entitled to block access to the Sellers's Account or delete the Product Listings of Sellers who are reasonably suspected of attempting to sell counterfeits or non-existent goods or repeatedly posting a Product Listing concerning a Product that had been already sold.
3. LISTING PRODUCTS FOR SALE
3.1. The use of the services or functionalities of 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 required to enter the necessary data and upload the images required in the “Sell” Form.
3.3. The Product will be listed for sale on the Website after the Service Provider‘s approval of the submitted content.
3.4. At the time of approval (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, neutral 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 criteria, or may ask the Seller to correct the Product Listing or complete the missing information.
3.6. It is forbidden to copy or reproduce the content of the 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. An authorization of the Product Listing by the Service Provider will be carried out within 2 working 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 the following conditions are met together:
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
3.8.3. approval of the submitted Product Listing by the Service Provider.
3.9. The Seller submits the following product information in the “Sell” Form:
• Product name
• Product category and subcategory
• Brand
• Product description
• Size/ measurements
• Material
• Colour
• Condition
• Product photos (minimum 3)
• Sell price (in the field “For you” the Website automatically calculates the amount due to the Seller after deducting the Service Provider’s commission, i.e. 15% of the Sell Price set by the Seller).
3.10. The information provided in the Product Listing must be truthful, accurate and up-to-date, 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 4.2.2.4), is of one-off nature, and ends with the registration of all the necessary data in the IT system of the Service Provider.
3.12. The Product price entered in the Product Listing 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 Website calculates the commission automatically and includes it in the Sell Price). The commission is due to the Service Provider only in case of confirmation of the conclusion of the Sales Contract between the Client and the Seller through the Website. The amount of commission constitutes 15% of the sales price
3.13. Each User using the Website, in particular by listing a product on the Website, is specifically obliged to:
3.13.1. not to violate personal rights, copyrights, industrial property rights of third parties, in particular personal rights of other Users of the Website;
3.13.2. to avoid any other behavior that is inconsistent with applicable law, good morals or principles of social co-existence or harming the Service Provider's reputation;
3.13.3. not to provide or transmit content prohibited by law or content violating or likely to violate good morals, moral or ethical norms, including sexual undertones, in particular images and other pornographic content;
3.13.4. use the Website in a manner consistent with all applicable laws and provisions of these Terms of Conditions;
3.14. The sale of non-original items (the so-called counterfeits) is prohibited on the Website.
3.15. It is forbidden to sell items that violate in any way the rights of others, including the rights of trademark, trade mark, brand name (brand of the goods) and indications of origin.
3.16. It is forbidden to offer for sale items whose designation (for example, the description on the packaging) may mislead customers about the essential characteristics of these goods - for example, origin, quality, workmanship and others.
3.17. The Seller is not allowed to add to the Product Listing photos or other materials to which he does not have copyrights or a license to use the copyrights to the extent necessary to publish these photos on the Website. In particular, it is forbidden to add photos taken by other persons without first obtaining from them a license or transferring the copyrights.
3.18. Upon publication of the copyrighted content in the Product Listing the User agrees that the content may be distributed free of charge, unlimited in time and territory, on the Website and in external marketing campaigns for additional promotion of the Product Listing in order to increase its online reach, to the extent of: (1) fixation and multiplication by any technique, including by making recordings and copies on any storage media; (2) putting into computer memory and into a computer network; (3) public display and broadcasting; (4) use in various formats along with the right to incorporate them as whole or in parts into other works and to create elaborations.
3.19. A Seller who is an Entrepreneur is obliged to publish in the description of his Account or Product Listings the sales, complaints, and returns policy applied by him.
3.20. By submitting a Product Listing, the Seller confirms that:
(1) the Product offered by him is authentic; (2) he is authorized to sell the offered Product.
4. CONDITIONS FOR CONCLUDING CONTRACTS AND THEIR CONTENTS
The content of the Service Provider's services and offerings is derived from the Terms and Conditions, offerings or content of the Website.
4.1 Once an Order has been placed, the Service Provider shall immediately confirm to the Customer who placed the Order the fact of its receipt by the Seller and shall initiate actions to execute the Order on behalf of the Seller. The Service Provider confirms receipt of the Order and its acceptance for execution by sending an e-mail message to the e-mail address provided by the Customer. This message shall contain, at a minimum, a statement by the Service Provider that the Order has been received and accepted for execution.
4.2. The conclusion of the Intermediary Sale Agreement 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 “Sell” Form, upon receipt by the Seller confirmation of positive verification of the submitted Product Listing, immediately after publication of the Product Listing and fulfillment of the conditions set forth in paragraph 4.5. of these Terms and Conditions.
4.2.1. The Service Provider is obliged, among others:
4.2.1.1. To publish the previously approved by the Service Provider content of the Product Listing submitted by the Seller on the Website
4.2.1.2. In the event of receiving an Order- to carry out the sale of the Product to the Customer on the Seller's account.
4.2.1.3. After receiving the Product from the Seller – to carry out the Product Authentication, grant the Seller the funds received from the Customer for the payment of the Product price by transferring the funds to the bank account indicated by the Seller within 3 working days from the moment of delivering the Product to the Customer after confirmation of the successful outcome of the Product Authentication by the Service Provider and after deduction of the commission in accordance with the section 4.2.2.2.
4.2.1.4 To refuse to verify the User if the data provided by the User have low credibility or are incomplete. 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:
4.2.2.1. To take appropriate measures to prevent unauthorized third parties from accessing his Seller Account and Login Details. Providing access to the Account or Login Data to third parties is solely at the Seller's risk.
4.2.2.2. To pay to the Service Provider the amount of commission in accordance with the Price List available on the Website which shall be done by the Service Provider deducting the Commission amount from the amount of the Price received from the Customer.
4.2.2.3 To reimburse the Product's shipping costs to the Service Provider in case the Product Authentication is completed with a negative result, for the reasons attributable to the Seller; in this case, the return of the Product shall be made via cash on delivery courier service - the amount to be paid will be the equivalent of the shipping costs incurred so far by the Service Provider in connection with the delivery of the Product.
4.2.2.4. To submit a Product Listing 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.
4.2.2.5 In case of sale of the Product submitted by the Seller, the Seller will receive an email informing about the sale and the instructions to ship the Product to the address indicated by the Service Provider. For Sellers living in Poland, the Service Provider offers possibility to ship the Product at the Service Provider's cost by using DHL courier company. If the Seller wants to use this option, the Service Provider will provide a link to order a free pickup by DHL courier by email. Alternatively, the Seller can ship the item at his own cost using any preferred courier company.
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 Product Authentication will be performed by the Service Provider within a maximum 2 working days from the date of receipt of the Product. The result of the Product Authentication shall be communicated to the Seller and the Customer within 2 working days from the completion of the Product Authentication, via email.
4.4 Only a positive result of the Product Authentication entitles the Service Provider to deliver the purchased Product to the Customer. The only exception is the situation when the Customer, after receiving the relevant information from the Service Provider, decides to purchase the Product at his own risk, despite the defects or other non-compliance of the Product with the Product Listing presented by the Service Provider, and confirms this fact in an e-mail message. Information about the result of Product Authentication shall also be sent immediately to the Seller.
4.5. The Sale Agreement will be concluded when the following conditions are obligatorily met:
4.5.1. Placing an Order by the Customer 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 by the Seller 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 case of a different result after confirming the Customer’s willingness to purchase the Product despite informing him of inaccuracies and circumstances that affected this result), upon receiving by the Customer information from the Service Provider about the positive result of the Product Authentication (or in case if Service Provider received a confirmation from the Customer about the Customer'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.
4.6. All prices listed on the Website are given in Polish zlotys (PLN) and euro (EUR), they are gross prices (i.e. they include all components such as taxes). The price binding for the parties is the price at which the Customer ordered the product in the Order Form. The product price listed on the Website does 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 entering the delivery address.
4.7. 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 for the Customer the following methods of payments:
5.1.1.1. Payment via bank transfer to the bank account of the Service Provider:
(1a) in Polish zloty (PLN):
Account holder: Luxury Love Kamila Cierniak,
Account holder’s address: Wojska Polskiego 16a Street, 42-240 Rudniki, Poland
Bank name and bank address: mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) LODZ, Skrytka pocztowa 2108, 90-959 Łódź 2
IBAN: PL 24 1140 2004 0000 3902 7723 5578
SWIFT/BIC: BREXPLPWMBK
Please give your order reference number in the bank transfer title. We are waiting for the payment for 1 working day- if we do not receive your payment till then your order will be cancelled.
(1b) in euro (EUR):
Account holder: Luxury Love Kamila Cierniak,
Account holder’s address: Wojska Polskiego 16a Street, 42-240 Rudniki, Poland
Bank name and bank address: mBank S.A. FORMERLY BRE BANK S.A. (RETAIL BANKING) LODZ, Skrytka pocztowa 2108, 90-959 Łódź 2
IBAN: PL 26 1140 2004 0000 3912 0686 4336,
SWIFT/BIC : BREXPLPWMBK
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. DELIVERY
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 Customer is a paid service, unless the Sale Agreement provides otherwise.
6.2. The costs of the Product delivery (including transport, delivery and postal services) are indicated to the Customer during the ordering process in the Order Form after filling out by the Customer the exact delivery address.
6.3. The Product delivery time to the Customer 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 Customer shall be counted from the day of conclusion of the contract of sale.
6.4. The Customer should check the delivered Product in the presence of the courier. If the package with the Product is damaged, the Customer should prepare a damage report and contact the Service Provider.
7. THE PRODUCT COMPLAINT
7.1 The basis and scope of the Seller's liability against the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code.
7.2. The Seller is obliged to provide the Service Provider the Product without defects (in conformity with the Contract and Product Listing).
7.3. The Service Provider is obliged to deliver to the Customer a Product without defects (in conformity with the Contract and Product Listing).
7.4. The complaint may be submitted by the Customer, for example:
7.4.1. in writing to the address: Luxury Love Kamila Cierniak, 16a Wojska Polskiego Street, 42-240 Rudniki. Poland.
7.4.2. in electronic form via sending an e-mail to the following e-mail address: sklep@luxurylove.pl.
7.5. It is recommended for the Customer to include in the description of the complaint: (1) the information and circumstances relating to the subject of the complaint, in particular the type of the defect and the date of occurrence of the defect; (2) request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) the contact information of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements specified in the preceding 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, acting on behalf of the Seller, shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Service Provider to respond within the aforementioned period of time means that the Service Provider has recognized the complaint as justified.
7.7. In case it is necessary to deliver the Product to the Service Provider in order for the Service Provider to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, the Customer will be asked by the Service Provider to deliver the Product to the indicated address at the Service Provider's expense.
7.8. The request for the delivery of the Product, referred to in paragraph 7.7 of these Terms and Conditions does not affect the time limit to respond to the Customer's complaint by the Seller as referred to in section 7.6 of these Terms and Conditions, and does not affect the Customer's right 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 [1] of the Civil Code.
8. COMPLAINTS RELATED TO THE OPERATION OF THE WEBSITE
8.1 The User may file a complaint if the Service Provider provides services electronically in a manner inconsistent with the Terms and Conditions, resulting in particular in the malfunction of the Website or any of its elements.
8.2 The User filing a complaint shall send by e-mail to: sklep@luxurylove.pl a statement containing: (1) the name of the Service which is the subject of the complaint; (2) the Order number (if applicable); (3) the User's first and last name; (4) the User’s e-mail address; (5) a description of the malfunction of the Services.
8.3 The time limit for processing the complaint and responding to it is 14 days from receipt of the complaint by the Service Provider. Failure to respond within this period shall mean recognition of the complaint.
8.4 The Service Provider shall send a response to the complaint by e-mail.
9. RETURNS
9.1. The Seller who is a natural person is not obliged to accept returns of pre-owned items coming from his own private collection.
9.2. In case when the Customer believes that the received Product is inconsistent with the description provided in the Product Listing, the Customer should immediately upon receipt of the product report the inconsistency with the description by sending an email to sklep@luxurylove.pl along with the reasons why, in his opinion, the Product is not as described. The Service Provider - acting on behalf of the Seller - will consider the request within 2 working days and send his decision by e-mail. If the request is granted, the Service Provider will ask for the return of the Product immediately, and within max. 2 working days. The Product must be returned in the same condition in which it was received: it must not bear any signs of use and must have attached all the tags and markings with which it was delivered. The cost of the Product less shipping costs will be refunded to the Customer within 3 working days after the Service Provider receives the Product.
9.3 With respect to the Seller who is an Entrepreneur, the Customer who is a Consumer or an Entrepreneur on the rights of a Consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Product. Detailed conditions for exercising the right of withdrawal from the Sales Agreement are specified in the policy of the respective Seller.
10. FINAL PROVISIONS
10.1. Agreements concluded by the Service Provider are in Polish and English.
10.2. In matters not regulated by these Terms and Conditions generally applicable Polish law provisions shall apply, in particular: the Civil Code; the Act on provision of services by electronic means; to the Users who are consumers- the provisions of the law on consumer rights and the other relevant provisions of applicable law.
10.3. Any comments and suggestions from Users are always welcome. In order to send comments and suggestions please use the contact form. If you believe that your rights have been infringed you can submit your complaint to us via the email address: sklep@luxurylove.pl in order to seek an out-of-court settlement of the dispute.
10.4. The User who is a Consumer has the opportunity to use out-of-court means of handling complaints and claims.
10.5. The detailed information on the possibility of the User who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
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/.
The User has the right to seek resolution of any consumer dispute with us out of court, through the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
10.6. The Service Provider reserves the right to amend the Terms and Conditions in case of:
a) changes in the object of the Service Provider's business
b) making technical modifications to the Website, requiring adaptation of the Terms and Conditions to them;
c) legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the amended wording of generally applicable laws.
10.7 Users shall be informed of changes to the Terms and Conditions by publishing the amended version of the Terms and Conditions on the Site at least 14 days prior to the effective date of the changes. On the same date, the amended version of the Rules and Regulations will be sent by e-mail to registered Users.
10.8 The provisions of the Terms and Conditions in the wording in force at the time of their conclusion shall apply to Agreements for the provision of Electronic Services and Sales Agreements concluded before the effective date of the new Terms and Conditions.
10.9. A Registered User who does not agree to the change of the Terms and Conditions may, by deleting the Account, terminate the Agreement for the provision of Account Services with immediate effect until the effective date of the changes to the Terms and Conditions. Failure to terminate shall be deemed as consent to the Provider's provision of electronic services in accordance with the new provisions of the Terms and Conditions.
10.10. The Terms and Conditions in the current version are effective as of 5th December 2022.