Shop regulations

1§ Definitions

1. Return address:
Laba Poland
ul. Korzeniowa 5/2
05-077 Warsaw
masovian voivodeship

2. Proof of purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, including further amendments and other relevant legal provisions.

3. Seller
Enedwaith Karol Wielechowski
ul. Korzeniowa 5/2
05-077 Warsaw
masovian voivodeship
e-mail: hello@labapoland.pl
NIP: 1132619300
BANK ACCOUNT: ING Bank
12 1050 1025 1000 0097 2816 0913

4. Consumer – an adult person with full legal rights, making a purchase from the Seller that is not directly related to his or her business or professional activity.

5. Entrepreneur – an adult person with full legal rights or an organization without legal personality but with legal capacity, making a purchase from the Seller which is directly related to business or professional activity.

6. Client – it is either the Consumer or Entrepreneur.

7. Buyer – it is either the Consumer or Entrepreneur.

8. Store – online service available at https://labapoland.pl, through which the Buyer can place an order.

9. Defect – both physical and legal defect.

10. Physical defect – inconsistency of the sold item with the contract, in particular if the item:
1) does not have the properties that an item of this type should have taking into account purpose specified in the contract or resulting from the circumstances or usa purpose;
2) does not have properties of which the Seller assured the Client it would have;
3) is not suitable for the use or purpose about which the Client informed the Seller when concluding the contract, and the Seller did not raise any objections to its intended use or purpose;
4) was delivered to Client while being incomplete;
5) is not correctly installed and run, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Client who followed the instructions received from the Seller;
6) does not have the properties guaranteed by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinguishing marks on the item sold presents himself as the item manufacturer, unless the Seller did not know these arrangements or, reasonably, could not have known them, or they could not have influenced the Client's decision to conclude the contract, or if its content was corrected before concluding the contract.

11. Legal defect – a situation when the sold item is the property of a third party or is encumbered with the rights of a third party, as well as if the limitation in the use or disposal of the item results from a decision or ruling of a competent authority.

12. Item – a movable item that may be or is the subject of a contract.

13. Contract - an agreement concluded outside the business premises or remotely as stated in the Act on Consumer Rights of May 30 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code of April 23 1964 in the case of Buyers.

14. Order - the Buyer's declaration of will submitted via the online store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of delivery of the products, information about the Buyer aimed directly at concluding a contract between the Buyer and the Seller.

2§ Application of the regulations

1. These regulations apply to the website www.labapoland.pl and to transactions related to products available on the said website. The Buyer may be bound by additional agreements resulting from cooperation with the Seller during the execution of the order and purchase of products, including: companies providing transport services.

2. By registering, accessing or otherwise using the website, the Buyer hereby agrees to be bound by these regulations. The mere use of the website constitutes knowledge and acceptance of these regulations. In some cases, the Buyer may also be asked for explicit consent.

3§ General conditions

1. The contract is concluded in Polish or English, in accordance with Polish law and these regulations.

2. Contract needs to be actioned and delivery of the goods must be located in the territory of the Republic of Poland. If the item needs to be shipped outside the territory of the Republic of Poland, the Buyer must inform the Seller to agree on the cost and specifics of the transport before making the purchase.

3. The Seller is obliged and assures this obligation to provide services and deliver items free from defects.

4. All prices given by the Seller are in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs which are specified in the delivery price list available during the purchase.

5. For the item purchased by the Buyer on the website, a proof of purchase is issued - a VAT invoice with the data provided when placing the order. If the Client would like to receive an invoice issued to a company, i.e. with the company name and NIP number visible, the Buyer should include such information with order and the comments to the order at the Checkout.

6. Confirmation, disclosure, recording and securing of any contract agreements ensuring future access to these will be handled by:
6.1 Confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in a pdf version, a sample withdrawal form in a pdf version, links to download the regulations and a template for withdrawal from the contract;
6.2 The Seller informs about known guarantees granted by third parties for products available in the online store;
6.3 The Seller does not charge any fees for communication with him using means of distance communication and the Buyer will bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication;
6.4 The Seller ensures that the Buyer using the system will operate the online store correctly using following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, using displays with horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct functionality of the store, therefore, in order to obtain full functionality of the website and store, they must all be disabled;
6.5 The Buyer may choose to have his/her data remembered by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to gain access to his account. The login and password are a sequence of characters set by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The Buyer has the opportunity to view, correct, update data and delete the account in the store at any time;
6.6 The Seller complies with the code of good practices;
6.7 The Buyer is obliged to:
a) not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating the personal rights and other rights of third parties;
b) use the store in a way that does not interfere with its operation, in particular through the use of specific software or devices;
c) not to take actions such as: sending or posting unsolicited commercial information in the store (spam);
d) use the store in a way that is not inconvenient for other Buyers and the Seller;
e) use all content posted in the store only for his own personal use;
f) use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of etiquette.

7. Za pomocą Sklepu jest prowadzona usługa Newslettera, która została opisana poniżej w punkcie §7 regulaminu.

4§ Contract conclusion and execution

1. Orders can be placed 24 hours a day, except when the website is temporarily unavailable to the Buyer due to e.g. service activities.

2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
2.1 add a product to the cart;
2.2 selection of the type of delivery;
2.3 choosing the type of payment from the offered methods;
2.4 choosing the place of delivery of the goods;
2.5 placing an order in the store by using the "Place order" button.
2.6 the contract with the Buyer is concluded upon placing the order.
2.7 the Buyer's order paid via the Przelewy24 electronic payment system, PayPal or a traditional bank transfer is processed after the Buyer's payment is credited to the Seller's account, which should take place within 3 business days from the moment order was placed, unless the Buyer was unable to complete the order due to fault unrelated to him and informed the Seller about it. After exceeding this deadline and the lack of information from the Buyer about the impossibility to complete the order and provide payment the Contract is terminated due to the fault on the Client side.
2.8 the contract with the Buyer is concluded upon acceptance of the order by the Seller, of which he informs the Buyer within 48 hours of placing the order.
2.9 the Buyer's order paid via the electronic payment system or traditional bank transfer is processed after the conclusion of the contract and the Buyer's payment is credited to the Seller's account.
2.10 the execution of the Buyer's order may depend on payment of the entire value of the order.
2.11 the subject of the contract is sent within 1 to 6 business days. The period begins when the order is completed.
2.12 the purchased item of the contract is sent by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order.

5§ Complaints

1. Seller pursuant to Art. 558§1 of the Civil Code completely excludes liability towards Buyers for physical and legal defects (warranty).

2. The Seller is liable to the Buyer under the terms specified in Art. 556 of the Civil Code and subsequent ones for defects (warranty).

3. In the case of a contract with a Consumer, if a physical defect is detected within one year from the date of delivery of the item, it is assumed that it existed at the time of transfer of danger to the Consumer.

4. In the case of a contract with an Entrepreneur who has purchased an item related to running a business or professional activity, if a physical defect is detected within three months from the date of delivery of the item, it is assumed that it existed at the time of transfer of the danger to the Entrepreneur.

5. If the sold item has a defect, the Client may:
5.1 submit a declaration requesting a price reduction;
5.2 submit a declaration of withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience to the Client replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect, the Customer is not entitled to replace the item or remove the defect.

6. The Client may, instead of defect removal proposed by the Seller, demand that the item be replaced with a defect-free one or, instead of replacing the item, demand that the defect be removed, unless bringing the item into compliance with the contract in the manner chosen by the Client is impossible or would require excessive costs compared to the method proposed by the Seller, when excessive costs assessment is considered againts the item being free of fault, type and meaning of the reported fault, as well as inconveniences towards the Client are considered if another fault solution should be chosen.

7. The Client cannot withdraw from the contract if the defect is insignificant.

8. If the sold item has a defect, the Client may also:
8.1 demand that the item be replaced with a defect-free one;
8.2 request removal of the defect.

9. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Client.

10. The Seller may refuse to satisfy the Client's request if bringing the defective item into compliance with the contract in the manner chosen by the Client is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract.

11. If a defective item has been installed, the Client may demand that the Seller dismantle and reinstall it after replacing it with a defect-free one or removing the defect, but he or she is obliged to bear part of the related costs exceeding the price of the item sold or may demand payment from the Seller to cover costs related to disassembly and reassembly, up to the price of the item sold. If the Seller fails to fulfill the obligation, the Client may perform these activities on his own at the Seller's expense and risk.

12. The Consumer who exercises the rights under the warranty is obliged to deliver the defective item to the return address at the Seller's expense, and the Seller selects the means of transport of the item and agrees with the Consumer on a convenient date and place of delivery of the item for shipment. The Consumer is obliged to properly prepare and secure the item for transport to the return address. The Seller is not responsible for any reduction in the value of the item in the event of failure to fulfill this obligation by the Consumer.

13. If the Client has purchased an item directly related to business or professional activity, when he/she exercises the warranty rights that person is obliged to deliver the defective item to the return address at his/her own expense. The Client is obliged to properly prepare and secure the item for transport to the return address. The Seller is not responsible for any reduction in the value of the item in the event of failure to fulfill this obligation by the Client.

14. The costs of replacement or repair are borne by the Seller, except for the situation described in §3 point 11.

15. The Seller is obliged to accept the defective item from the Client in the event of replacing the item with a defect-free one or withdrawing from the contract.

16. The Seller will respond to the following based on Art. 5615 of the Civil Code within fourteen days: declarations requesting a price reduction, requesting the replacement of the item with a defect-free item, requesting the removal of the defect. The Seller will respond within thirty days (Article 7a of consumer law) to any other declaration of the Client that does not apply to the fourteen-day period specified in the Civil Code. Otherwise, it is deemed that the Client's statement or request is justified.

17. The Seller is answerable to the warranty if a physical defect is found within one year from the date of delivery of the item to the Consumer.

18. The Seller is answerable to the warranty if a physical defect is discovered within three months from the date of delivery of the item to the Entrepreneur.

19. The Consumer's claim for removal of a defect or replacement of the sold item with a defect-free one expires after one year from the date of detection of the defect, and if the subject of the sale is a used item for at least one year from the date of delivery of the item to the Consumer.

20. The Entrepreneur's claim for removal of the defect or replacement of the sold item with a defect-free one expires after one year from the date of detection of the defect, and if the subject of the sale is a used item for at least three months from the moment of delivery.

21. If the shelf life of the item specified by the Seller or the manufacturer ends after 1 year from the date of delivery of the item to the Consumer, the Seller is answerable to the warranty for physical defects of the item found before the expiry of this period.

22. If the shelf life of the item specified by the Seller or the manufacturer ends after 3 months from the date of delivery of the item to the Entrepreneur, the Seller is answerable to the warranty for physical defects of the item found before the expiry of this period.

23. Within the deadlines specified in §5 points 17-22, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the Consumer requested the replacement of the item with a defect-free one or removal of the defect, the deadline for submitting the declaration of withdrawal from the contract or price reduction begins upon the ineffective expiry of the deadline for replacing the item or removing the defect.

24. In the event of an investigation before a court or arbitration court of one of the warranty rights, the deadline for exercising other rights of the Consumer and the Entrepreneur in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to mediation proceedings, however, the deadline for exercising other warranty rights to which the Client is entitled begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.

25. §5 points 17-21 shall apply to the exercise of rights under the warranty for legal defects of the sold item, except that the period starts from the day on which the Client learned about the existence of the defect, and if the Client learned about the existence of the defect only as a result of an action brought by a third party - from the date on which the judgment issued in the dispute with the third party became final.

26. The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.

27. If the Seller is obliged to provide services or financial benefits to the Client, they will be performed without undue delay, no later than the deadline provided by the law.

6§ The right to withdraw from the contract

1. The Client has the right to withdraw from the contract within 14 days without giving a reason.

2. The withdrawal period will expire after 14 days from the day on which the Client or a third party indicated by him, other than the carrier, received the purchased item.

3. To exercise the right to withdraw from the contract, the Client must inform the Seller about his decision to withdraw from the contract by means of an unambiguous statement (for example by sending an e-mail to hello@labapoland.pl). The Seller's contact details are provided below in these regulations.

4. The Client may submit a declaration of withdrawal from the contract using PDF file available under the following download link. Return form.

5. In the event of withdrawal from the contract, the contract is considered not concluded.

6. In order to meet the deadline for withdrawal from the contract, it is sufficient that information including this right is sent to Seller before agreed contract withdrawal expiration period.

7. W przypadku odstąpienia od umowy Sprzedający zwróci Klientowi wszystkie otrzymane od Klienta płatności, z wyjątkiem kosztów dostawy, niezwłocznie, a w każdym razie nie później niż 14 dni od dnia, w którym Sprzedający został poinformowani o decyzji o odstąpieniu od umowy w formie zapisanej w §6 pkt 4.

8. The subject of the contract should be sent back or handed over to the Seller no later than 14 days from the date on which the Client informed the Seller about withdrawal from the contract. The deadline is met if the goods are sent back before the expiry of 14 days from the date of withdrawal from the contract by the Client.

9. The Seller reserves the right to withhold the refund until the goods are received.

10. The cost of returning the goods is borne by the Client.

11. The Client who exercises the right to withdraw from the contract is obliged to deliver the item to the Seller's address at his own expense. The Client is obliged to properly prepare and secure the item for transport to the Seller's address. The Client is responsible for any reduction in the value of the item in the event of failure to fulfill this obligation.

12. The Seller is not responsible for parcels sent to an incorrect address.

13. The Seller does not accept return parcels sent cash on delivery or to a parcel locker.

14. The Client is responsible for reducing the value of the item that is the subject of the contract and resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.

15. The Seller refunds the payment using the same payment method used by the Client unless the Client has expressly agreed to a different payment method that does not involve any costs for him.

16. Pursuant to Article 38 of the Consumer Law, the Consumer is not entitled to withdraw from the contract:
16.1 in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;
16.2 in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
16.3 in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
16.4 in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
16.5 in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
16.6 in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
16.7 for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract;
16.8 for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

7§ Newsletter

1. W ramach Newslettera, za pośrednictwem poczty elektronicznej, Sklep przekazuje informacje handlowe, dotyczące ofert czy produktów lub usług. W ramach usługi może zostać wysyłany na podany podczas rejestracji adres e-mail kod promocyjny do użycia w Sklepie. 

2. Aby zapisać się na Newsletter, należy skorzystać z odpowiedniego okienka na stronie Sklepu podając prawidłowy adres e-mail oraz akceptując postanowienia Regulaminu.

3. Na Newsletter można się zapisać przy rejestracji Konta co nie jest jednak wymagane podczas składania zamówienia albo rejestracji Konta.

4. Newsletter jest dostarczany przez czas nieokreślony, od dnia w którym użytkownik postanowił się na niego zapisać (subskrybować).

5. W każdej chwili istnieje możliwość wypisania się z Newslettera poprzez wysłanie oświadczenia o rezygnacji z Newslettera na adres poczty elektronicznej hello@labapoland.pl.

8§ Rejestracja

1. Buyer can register an account on the website. During this process, Buyer may be required to choose a password and provide name, surname and home address. Buyer is responsible for maintaining the confidentiality of passwords and account information and agrees not to share passwords, account information or secured access to the website or services with any other person. Buyer is responsible for all activities that occur under his or her password or account.

9§ Komunikacja elektroniczna

1. By using the website resources or communicating with the Seller electronically, the Buyer agrees and confirms that the Seller may communicate with the Buyer electronically on the website or by sending an e-mail to the Buyer, and also agrees that all contracts , notices and other communications that the Seller will deliver to the Buyer electronically meet all legal requirements, including, without limitation, the requirement that such communication be in writing.

10§ Zachowanie prywatności

1. To access the website and/or services, Buyer may be required to provide certain information about themselves as part of the registration and checkout process. Buyer agrees that all information provided during the registration or ordering process will be accurate, correct and up to date.

2. The Seller obliges to treat personal data seriously and protect the Buyer's privacy. The Seller will not use the Buyer's e-mail address or other personal data for purposes other than those resulting from the need to complete the order process or activities resulting from after-sales service. Any emails sent by the Seller will only be related to the delivery of the agreed products or services.

11§ Naruszenie zasad regulaminu

1. Without prejudice to any other rights under these terms and conditions, if the Buyer breaches these terms and conditions in any way, the Seller may take such action as it considers appropriate to deal with the breach, including temporarily or permanently suspending the Buyer's access to the website by contacting the Buyer's Internet service provider to request blocking of access to the website and/or initiate legal proceedings against the Buyer.

12§ Dane kontaktowe

1. This website is owned and operated by Enedwaith Karol Wielechowski.

2. The Buyer may contact the Seller regarding these regulations via the contact page or directly by post to the following address:
Enedwaith Karol Wielechowski
ul. Korzeniowa 5/2
Warsaw, 05-077
masovian voivodeship

13§ Postanowienia końcowe

1. None of the provisions of these regulations are intended to violate the rights of the Buyer. It cannot also be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the store regulations.

2. Registered Buyers will be notified about changes to the regulations and their scope electronically (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.

3. The current version of the regulations is always available to the Buyer in the Regulations tab at the bottom of the website. During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the regulations accepted by him when placing the order. Except for the situation when the Client considers it less favorable than the current one and informs the Seller about choosing the current one as binding.

4. The matters not regulated by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Client expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The customer may also use equivalent and lawful methods of pre-judicial or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the Office of Competition and Consumer Protection (UOKiK) register. The Seller declares its intention and consents to out-of-court resolution of the consumer dispute. Ultimately, the matter is resolved by the court with local and subject-matter jurisdiction.

5. The Seller obliges to protect personal data in accordance with the Personal Data Protection Act of August 29 1997 and the Act on the Provision of Electronic Services of July 18 2002. By providing his/her personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller in order to complete the order. The Buyer has the opportunity to view, correct, update and delete his or her personal data at any time.

6. Detailed rules for collecting, processing and storing personal data used to process orders by the store are described in the Privacy Policy.

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