TERMS AND CONDITIONS

of the Online Store luxurylove.pl

I. Definitions

1. For the purposes of these Terms and Conditions, the following definitions apply::
   1. Platform Operator – Kamila Cierniak, conducting business activity under the company name Luxury Love Kamila Cierniak, entered into the CEIDG register of entrepreneurs at the address: ul. Wojska Polskiego 16A, 42–240 Rudniki, NIP (Tax ID): 9492086519, REGON: 368674549 – the owner and administrator of the online platform luxurylove.pl (hereinafter: the “Administrator” or the “Service Provider”). The Operator is not a party to sales agreements concluded between Clients and Sellers;
   2. Seller – a User with full legal capacity or authorized to sell a Product, who intends to offer, is offering, or sells Products via the Platform.
   3. Client– a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality but granted legal capacity under specific provisions – who places an Order for a Product presented on the Store’s website;
   4. Civil Code – the Act of 23 April 1964, Civil Code;
   5. Consumer – a natural person concluding a legal transaction with an entrepreneur not directly related to their business or professional activity;
   6. Account– a section of the Store assigned to the User, through which the User may perform certain actions within the Store, e.g., view Orders, add Products to the wishlist;
   7. Product – a movable item available on the Service, which is the subject of a Sales Agreement between the Client and the Seller, belonging to the Seller or authorized by the Seller for sale;
   8. Entrepreneur – an entrepreneur within the meaning of the Civil Code, i.e., a natural person, a legal person, or an organizational unit without legal personality but granted legal capacity under specific provisions, conducting business or professional activity in their own name, excluding an Entrepreneur with consumer rights..
   9. Entrepreneur with consumer rights – a natural person concluding an agreement with the Seller directly related to their business activity, where it follows from the content of the agreement that it does not have a professional character for them, particularly arising from the subject of their business activity made available under the provisions of the Central Registration and Information on Business (CEIDG). In these Terms and Conditions, the provisions regarding Consumers in terms of the statutory right of withdrawal from the Agreement and the conformity of the Product with the Agreement also apply to Entrepreneurs with consumer rights;
   10. Terms and Conditions – this standard contract within the meaning of the Civil Code;
   11. Platform / Service / Online Store – the online service available at luxurylove.pl, enabling Sellers to list Products for sale and Clients to place Orders;
   12. Sales Agreement – a distance sales agreement concluded between the Seller and the Client through the functionalities of the Platform;
   13. Electronic Services – services within the meaning of the Act on the Provision of Services by Electronic Means, i.e., provided without the simultaneous presence of the parties (at a distance), by data transmission upon the individual request of the User, sent and received using electronic processing devices, including digital compression, and data storage, which are entirely transmitted, received, or broadcast via a telecommunications network within the meaning of the Act of 12 July 2024 – Electronic Communications Law.
   14. User – a natural person, a legal person, or an organizational unit without legal personality but granted legal capacity under specific provisions, using the Store’s website;
   15. Order – the Client’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller, specifying the quantity and type of Products ordered.

II. General Provisions

1. This document (hereinafter referred to as the “Terms and Conditions”), together with other documents referenced herein, sets out the terms and conditions governing the use of the Luxury Love service (hereinafter: the “Service” / the “Platform” / the “Online Store”), as well as the use of any Luxury Love mobile applications on smartphones or other portable or electronic devices, and the making of purchases through it.
2. The Platform Operator provides the technical infrastructure enabling the conclusion of sales agreements between Sellers and Clients.
3. The Store’s content is addressed to potential Customers interested in purchasing Products offered therein.

II. Provision of Electronic Services

1. Through the Store's website, the Seller provides the following Electronic Services free of charge: use of the Store's website, including browsing information and product descriptions, the ability to use the contact form, add a Product to a wishlist, subscribe to the newsletter, be redirected to external social media platforms, and create and maintain an Account.
2. By accessing and thus beginning to use the Store’s website, the User concludes an Electronic Service Agreement consisting of the use of the Store's website, which may include, in particular, browsing information available on the site, such as information about Products and the Seller.
3. The Electronic Service Agreement referred to above is concluded for an indefinite period and is terminated when the User leaves the Store's website.
4. A User who wishes to contact the Service Provider regarding its business may use the Electronic Service in the form of the contact form available on the website.
5. The Electronic Service Agreement for the use of the contact form is concluded when the User sends a message. The Agreement is concluded for an indefinite period and is terminated when the Seller replies to the message sent by the User.
6. The User shall have the right to subscribe to the email Newsletter, i.e., to receive commercial information from the Service Provider in the form of messages delivered to the email address indicated by the User. For this purpose, the User shall provide a valid email address, express consent by selecting the relevant checkbox, and confirm the subscription to the Newsletter by means of a confirmation link sent by the Service Provider to the email address entered in the subscription form. The User may withdraw consent to the receipt of the Newsletter at any time..
7. The agreement for the provision of the Newsletter Service shall be concluded for an indefinite period and shall be terminated upon the User’s request for the removal of their email address from the Newsletter subscription or upon unsubscribing by using the link contained in a message delivered within the framework of the Newsletter Service.
8. The User shall also have the right to use the Electronic Service consisting of redirection from the Store’s website to external platforms, including social media platforms such as Facebook or Instagram, to the Service Provider’s account related to its business activity..
9. The agreement for the provision of the Electronic Service in the form of such redirection, as referred to in the preceding subsection, shall be deemed concluded at the moment the User clicks on the icon dedicated to the respective platform to which the User wishes to be redirected, and shall be terminated at the moment the User is redirected to such platform.
10. The User of the Store shall also have the right to create an Account on the website, inter alia, for the purpose of browsing Orders previously placed. In order to create an Account, the User shall complete the registration procedure. The rules governing the provision of the Account Service are set forth in the following section.

IV. Account

1. A User who wishes to use electronic services within the Account may register and manage an Account. To create an Account, the User must provide the data required during the registration process.
2. Creating an Account is not required to place an Order for a Product. To create an Account, the User must complete the registration using the dedicated registration form.
3. The Agreement for the provision of the Electronic Service in the form of creating and using an Account is concluded at the moment of successful Account registration. The Agreement is concluded for an indefinite period and is terminated immediately upon the User's request to delete the Account via email.
4. A User may not have more than one Account linked to a single email address.
5. A User may not use other Users' Accounts or share access to their Account with others, including disclosing their password.
6. By registering an Account, the User declares that the data provided in the registration form and in any internal forms available after logging in are true and do not violate the rights of third parties. The User may update the data stored in the Account at any time.
7. The Account contains the data provided by the User during registration as well as data voluntarily updated by the User afterward.
8. If a User who is a Consumer or Entrepreneur with consumer rights violates these Terms and Conditions, applicable law, or good practices, and fails to remedy the violation within a set deadline after receiving notice from the Service Provider, the Service Provider may suspend access to the Account for a specified period or terminate the Account Service Agreement with 14 days’ notice.
9. If a User who is a Business User violates these Terms and Conditions, applicable law, or good practices, the Service Provider may immediately terminate the Account Service Agreement (delete the Account) or suspend the Account.
10. Further information on violations that may lead to Account suspension or deletion is provided in the section concerning the rules of using the Store's website.

V. Technical Requirements

1. In order for the User to use the Store's website, compatibility between the User’s and the Seller’s IT systems is required.
2. Compatibility is ensured if the User’s IT system meets the minimum technical requirements, including Internet access and appropriate software that allows browsing the Internet on the end device used to access the Store.
3. Using any electronic services over the Internet, including the Electronic Services offered by the Store, may involve certain risks, such as introducing harmful software to the User’s system or unauthorized access to and modification of the User’s data.
4. To mitigate the risks mentioned above, the Service Provider recommends the use of technical measures designed to prevent such threats, such as antivirus software.

VI. Rules for Using the Store Website

1. The User should use the Store's website in accordance with its intended purpose and in compliance with these Terms and Conditions, applicable laws, and accepted customs.
2. In particular, the User must not:
   1. provide or transmit any content that may be deemed to violate applicable laws;
   2. upload any programs, files, or applications (including file extensions) that could negatively impact the operation of the Store’s software, the devices supporting it, or other Users’ devices or software (including but not limited to viruses, trojans, and other malware);
   3. engage in any activities that could or would interfere with the functioning of the Store’s website (e.g., hacking, reverse engineering);
   4. bypass security features of the Store's website by exploiting so-called security vulnerabilities;
   5. use content posted on the website beyond personal use, in particular in a manner that infringes intellectual property rights as described in the further parts of these Terms and Conditions.

VII. Placing an Order for a Product

1. The Store's website presents information about Products, including descriptions and prices. These do not constitute an offer within the meaning of Article 66 of the Civil Code, but rather an invitation to conclude a Sales Agreement, as understood under Article 71 of the Civil Code.
2. The Online Store offers both new and pre-owned Products. All Products have been legally placed on the Polish market and are compliant with the Agreement (i.e., free of defects), except for pre-owned Products, which may have characteristics that deviate from full compliance with the Agreement. In such cases, the Service Provider will clearly indicate in the Product description which characteristics deviate from compliance (e.g., stating that the Product shows signs of use).
3. The Seller acts as a distributor of Products within the meaning of the GPSR. The Products meet all requirements necessary for their placement on the market, are safe, and comply with the GPSR and other specific EU regulations governing product safety.
4. The User may place an Order for Products via a dedicated order form known as the "shopping cart" (hereinafter referred to as the "Shopping Cart" or "Cart").
5. A valid email account is required to place an Order and thus conclude a Sales Agreement.
6. To place an Order using the Shopping Cart, the Customer should follow the instructions provided on the Store's website, in particular:
   1. Select the desired Product(s), choose the quantity, and add them to the Cart;
   2. enter the necessary details to process the Order and conclude the Sales Agreement (e.g., full name, contact information, delivery address);
   3. choose a payment method and delivery option offered by the Seller;
   4. read the Terms and Conditions, the Withdrawal Policy (attached to the Terms), and the Privacy Policy;
   5. confirm by checking the checkbox that they have read and accept the Terms and Conditions, the Withdrawal Policy, and the Privacy Policy;
   6. click the button to finalize the Order.
7. After placing the Order via the Shopping Cart, the Service Provider will send the Customer an Order summary and prepayment details, including the payment deadline.
8. In addition to the Shopping Cart, the Customer may also place an Order via email or phone. In this case, the Customer must contact the Service Provider and provide the necessary information to place the Order and conclude the Agreement — either in the content of the email or verbally if ordering by phone.
9. The data required to place an Order and conclude the Agreement includes, in particular: the type and quantity of the selected Product(s), the chosen method of payment and delivery, and personal data necessary to place the Order and conclude the Agreement (i.e., full name, phone number, email address, delivery address).
10. After the Customer places an Order via email or phone, the Service Provider will send a confirmation email to the address provided by the Customer. This email will include the Terms and Conditions and the Privacy Policy, which the Customer should read. The Customer must then reply by email confirming that they have read and accept these documents and the terms of the Agreement. The confirmation email may be preceded by messages used to clarify the scope of the offer or gather data necessary to conclude the Agreement.
11. After receiving the Customer’s confirmation email acknowledging the documents and accepting the Agreement and Terms, the Service Provider will send the Customer a final confirmation of the Order along with prepayment details, including the payment deadline.
12. An Order placed using any of the methods described above constitutes an electronic offer to conclude a Sales Agreement.

VIII. Payments and and Conclusion of the Sales Agreement

1. The prices of Products displayed on the Store’s website are given in Polish zloty (PLN) or euro (EUR) and include all necessary fees and taxes, which must be included in accordance with applicable law.
2. At the stage of placing an Order, the Customer may choose a method of prepayment (hereinafter referred to as "Prepayment") or payment (hereinafter referred to as "Payment") from the following options:
   1. Prepayment via electronic payment, including fast transfers, handled by the payment operator indicated on the Store’s website;
   2. Prepayment via bank transfer to the Seller’s account number provided on the Store’s website or in the email regarding payment;
   3. Cash on delivery – payment made to the courier upon receipt of the Product;
   4. Payment in cash, by payment card, or via BLIK during personal collection at the Seller’s pick-up point.
3. The Customer will be informed of the maximum deadline for making the Prepayment. In the case of electronic payments, the payment should be made immediately – before the payment session provided by the operator expires. In the case of traditional bank transfers, the payment should be made within 1 business day from the date the Order is placed. Failure to make the Prepayment will result in the cancellation of the Order.
4. Prepayment is considered successfully made:
   1. in the case of electronic payment, when the Seller receives confirmation from the payment service provider of the Customer’s payment;
   2. in the case of bank transfer, when the funds are credited to the Seller’s bank account.
5. Upon receipt of the Prepayment, the Seller will send the Customer an email confirming acceptance of the Order for processing. This confirmation constitutes the Seller’s declaration of acceptance of the Customer’s offer (submitted in the form of the Order), and the Sales Agreement is concluded when the Customer receives this confirmation.
6. If the Customer chooses to pay cash on delivery or in person at the pick-up point, the offer in the form of the Order becomes binding for the Customer once the Seller sends an email confirming acceptance of the Order. The Sales Agreement is concluded upon the Customer’s receipt of this confirmation.
7. The Sales Agreement is concluded in either Polish or English, in accordance with the content of these Terms and Conditions.
8. The Seller will provide the Customer with proof of purchase, e.g., in the form of an emailed Order confirmation or an invoice.
9. If the Seller applies mechanisms for individually adjusting prices through automated decision-making, the Seller will inform the Consumer of this during the Order process, in accordance with the requirements of data protection laws.

IX. Delivery Methods

1. The Service Provider delivers Products to the address provided by the Customer when placing the Order, without territorial limitations.
2. During the Order process, the Customer may choose one of the following delivery methods offered by the Service Provider:
   a. Courier delivery via one of the courier companies listed on the Store’s website;

   b. Personal pickup by the Customer at the Service Provider's pickup point.

3. The delivery time for the entire Order, including the delivery of the Product, is calculated from the moment the Sales Agreement is concluded, as specified in Section VIII, points 5 and 6. The delivery time and applicable delivery charges are always provided on the Store’s website.
4. If different Products purchased in a single Order have different delivery times, the longest delivery time among those indicated shall apply to the entire Order.

X. Returns

1. A Seller being a natural person shall not be obliged to accept returns of pre-owned items originating from their private collection.
2. In the event that the Buyer considers the received Product not to be in conformity with its description, the Buyer shall, without undue delay upon receipt of the Product, notify such non-conformity by email to sklep@luxurylove.pl, together with a justification indicating why, in the Buyer’s opinion, the Product is not in conformity with its description. The Service Provider – acting on behalf of the Seller – shall review the request within two Business Days and shall communicate its decision to the Buyer by email. Should the request be accepted, the Service shall request the return of the Product without undue delay, but no later than within two Business Days. The Product must be returned in the same condition in which it was received: it may not show any signs of use and must have all tags and markings attached as originally delivered. The price of the Product, reduced by shipping costs, shall be refunded to the Client within three Business Days from the date the Product is received by the Service Provider.
3. With respect to a Seller being an Entrepreneur, a Client who is a Consumer or an Entrepreneur with consumer rights shall have the right to withdraw from the Sales Agreement without providing any reason, within fourteen (14) days from the date of taking possession of the Product. The detailed conditions for exercising the right of withdrawal from the Sales Agreement shall be determined by the return policy of the respective Seller.

XI. Conformity of the Product with the Agreement (Complaints)

1. The basis and scope of the Service Provider’s liability towards the Client in the event that the sold Product has a physical or legal defect (warranty for defects) are defined by generally applicable provisions of law, in particular by the Civil Code.
2. The Seller is obliged to deliver the Product to the Service Provider free from defects (in accordance with the Agreement and the Listing).
3. The Service Provider is obliged to deliver the Product to the Customer free from defects (in accordance with the Agreement and the Listing).
4. The warranty for defects (statutory warranty) is excluded with respect to Entrepreneurs.
5. A complaint arising from a violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be addressed to: Luxury Love, Centrum Handlowe Panorama, Aleja Wincentego Witosa 31/16, 00-710 Warsaw, by email to: sklep@luxurylove.pl, or by phone at +48 798 777 653.
6. If possible, in order for the complaint to be considered, the Customer should send or deliver the Product under complaint to the address indicated above, together with proof of purchase.
7. The Customer may also use the Complaint Form attached to the Terms and Conditions, but this is not obligatory.
8. The Service Provider, acting on behalf of the Seller, shall respond to the Customer’s complaint without undue delay, no later than within 14 calendar days from the date of its submission. If the Service Provider fails to respond within this time limit, it shall be deemed that the complaint has been accepted as justified.
9. If the complaint is incomplete, the Service Provider shall request the Customer to supplement it to the necessary extent without delay, but no later than within 7 days from the date the Customer receives the request.
10. If the Product is not in conformity with the Agreement, the Customer may demand its repair or replacement. The Seller may replace the Product when the Customer requests a repair, or the Seller may repair the Product when the Customer requests a replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Customer is impossible or would impose excessive costs on the Seller. If both repair and replacement are impossible or would entail excessive costs for the Seller, he may refuse to bring the Product into conformity with the Agreement.
11. When assessing the excessive nature of the costs referred to above, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Product with the Agreement, the value of the Product in conformity with the Agreement, and the undue inconvenience caused to the Customer as a result of the change in the method or refusal to bring the Product into conformity with the Agreement.
12. If the Product is not in conformity with the Agreement, the Customer may submit a statement on price reduction or withdrawal from the Agreement when:
    1. The Seller has refused to bring the Product into conformity with the Agreement in accordance with the paragraph above;
    2. The Seller has not brought the Product into conformity with the Agreement in accordance with Article 43d(4–6) of the Consumer Rights Act, in particular by repairing or replacing the Product within a reasonable time from the moment the Seller was informed by the Customer of the lack of conformity, and without undue inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer acquired it;
    3. The lack of conformity of the Product with the Agreement persists, despite the Seller’s attempt to bring the Product into conformity with the Agreement;
    4. The lack of conformity of the Product with the Agreement is so significant that it justifies;
    5. From the Seller’s statement or the circumstances it is clear that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience to the Customer..
13. The Seller shall reimburse the Customer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than within 14 days from the date of receipt of the Customer’s statement on the price reduction.
14. The Customer may not withdraw from the Agreement if the lack of conformity of the Product with the Agreement is insignificant. It shall be presumed that the lack of conformity of the Product with the Agreement is significant.
15. In the event of withdrawal from the Agreement, the Customer shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall refund the Customer the price without undue delay, no later than within 14 days from the date of receipt of the Product or proof of its return.

XII. Complaints Regarding Electronic Services

1. Every User has the right to submit a complaint regarding Electronic Services provided through the Store, such as any irregularities in the functioning of the Store’s website, tabs, or User Account.
2. The User may submit a complaint in any manner of their choice, using any of the available contact methods. However, the Service Provider recommends using email as the preferred form of contact. The contact details are: Luxury Love Kamila Cierniak, ul. Wojska Polskiego 16A, 42-240 Rudniki, Poland; email: sklep@luxurylove.pl; phone: +48 798 777 653.
3. In order to facilitate the efficient processing of the complaint, the Seller recommends using the Electronic Service Complaint Form, attached as an appendix to these Terms and Conditions. However, if the complaint is submitted in another form, the User is kindly requested to include the following information:
   a. a brief description of the issue that is the subject of the complaint (including the situation and circumstances of the problem);
   b. the date of the event that led to the complaint;
   c. the User’s identifying information necessary for a response and for processing the complaint.
4. The Service Provider shall process the complaint without undue delay, but no later than within 14 calendar days from the date of receipt of the complaint.
5. If the complaint is incomplete, the Service Provider may contact the User with a request to supplement it within the necessary scope. The User will have 7 days from the date of receiving such a request to provide the missing information.

XIII. Information on Alternative Dispute Resolution for Consumers

1. Users who are Consumers have the possibility to resolve disputes arising between them and entities other than Consumers through amicable and out-of-court means.
2. The following institutions and procedures are available for resolving disputes in the manner described in this section:
   1. a permanent consumer arbitration court, through which the User may submit an application for dispute resolution arising from a concluded agreement;
   2. the provincial inspector of the Trade Inspection Authority, to whom the Consumer may submit a request to initiate mediation proceedings in order to amicably resolve a dispute between the Customer and the Seller;
   3. the district (municipal) consumer ombudsman or a consumer protection organization whose statutory tasks include consumer assistance, for help with matters related to the agreement.
3. Detailed information on out-of-court complaint and redress procedures is available at http://www.uokik.gov.pl and at the offices and websites of district (municipal) consumer ombudsmen and consumer organizations whose statutory tasks include consumer protection.

XIV. Intellectual property – content available on the Store's website

1. All content available on the Store’s website, such as the name, domain, logo, product descriptions, product images, legal documents (Terms and Conditions, Privacy Policy), and any other descriptions or information published on the website (hereinafter referred to as the "Content") constitutes works within the meaning of the Polish Copyright and Related Rights Act and is protected under copyright law.
2. The Service Provider declares that their proprietary rights to the works are not limited or encumbered by the rights of third parties.
3. The Service Provider declares that, depending on the type of Content available on the Store’s website, they are authorized to grant licenses or sublicenses for the use of such Content in accordance with the provisions of the Copyright and Related Rights Act.
4. For the purposes of these Terms and Conditions, the term “License” refers to both a license and a sublicense (further license) as defined by the Copyright and Related Rights Act.
5. The Service Provider grants the User a non-exclusive, royalty-free, territorially unlimited license for an indefinite period to use all Content referred to in point 1 above.
6. The Service Provider grants the User a License to use the Content solely for personal, non-commercial use, in the following ways:
   1. browsing the Content on the Store’s website as part of using the Store;
   2. printing the Content exclusively for the User’s own non-commercial needs
   3. temporarily reproducing the Content in the memory of a device for the purpose of using the Store in accordance with its intended function.
7. The License for content on the Store’s website is granted to the User at the moment they access the respective pages.
8. The User is not entitled to grant sublicenses within the scope of the Licenses granted under this section of the Terms and Conditions.
9. Without the Seller’s prior written consent, the User must not distribute, modify, share, or otherwise use the Content beyond the scope specified above.
10. Any breach by the User of the rules set out in this section shall constitute an infringement of the Service Provider’s or other entities’ copyright, and may result in civil and criminal liability.

XV. Personal Data and Cookies

1. When the User provides personal data via the Store’s website — for example, by entering data into the contact form or by concluding a Sales Agreement — the Service Provider becomes the controller of that data within the meaning of data protection regulations (GDPR).
2. The User’s personal data may also be processed through the use of cookies.
3. More information regarding the processing of personal data and the use of cookies can be found in the Privacy Policy.

XVI. Final Provisions

1. These Terms and Conditions are available in Polish and English.
2. The governing law for resolving any disputes arising under these Terms and Conditions shall be Polish law, unless mandatory provisions of law provide otherwise.
3. In the case of disputes involving Users who are Consumers or Entrepreneurs with Consumer rights, the competent court shall be the court appropriate under the provisions of the Polish Code of Civil Procedure. In the case of disputes involving Users who are Entrepreneurs, the competent court shall be the court with jurisdiction over the Seller’s registered office.
4. The Terms and Conditions may be amended in the event of changes to the law, updates to the Service Provider’s contact information, modifications to customer service (e.g., changes in product delivery methods), changes to the Store’s assortment that affect the content of the Terms and Conditions, or changes involving the addition or removal of features on the website that impact the Terms and Conditions. Users will be informed of such changes via an announcement on the Store’s homepage.
5. Amendments to the Terms and Conditions will come into force 14 days after their announcement.
6. If the amendments relate to the rules concerning the use and operation of a User Account, Users who have an Account will also be informed via email sent to the address associated with their Account. Users who do not accept the new Terms and Conditions must notify the Service Provider within 14 days of being informed about the changes. A lack of acceptance will be treated as termination of the Electronic Service Agreement for maintaining the Account, and the User’s Account will be deleted.
7. Amendments to the Terms and Conditions shall not affect the rights and obligations arising from agreements concluded before the amendments took effect. Such agreements remain governed by the version of the Terms and Conditions accepted by the User at the time of conclusion.
8. These Terms and Conditions are effective as of September 8th, 2025.