TERMS AND CONDITIONS OF LA MEME ONLINE STORE

1. Definitions used in the Regulations

The terms used in these Regulations have the following meanings:

Entrepreneur – a natural person, legal person, or organizational unit that is not a legal person, but to whom the law grants legal capacity, conducting business or professional activities on their own behalf.

Entrepreneur-Consumer – a natural person, including one making purchases in the Store directly related to their business activities, when the use of the Store and making purchases in the Store does not have a professional character for that person, particularly resulting from the subject of their business activities, made available based on the provisions on the Central Register of Information on Economic Activity.

Seller: LA MEME Kinga Öztürk, tel. +48 536 990 553, biuro@la-meme.pl, Tax Identification Number (NIP) 8341851424, National Business Registry Number (REGON) 522407186

Seller’s registered office address: Topaz Business Park, ul. Piotrkowska 276, building C, 1st floor, room no. 8, 90-361 Łódź.

Customer – a natural person, legal person, or organizational unit that is not a legal person, to whom specific provisions grant legal capacity, placing an Order within the Online Store.

Consumer – according to Art. 22[1] of the Civil Code, a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.

Online Store – an internet service conducted by the Seller, available at the address la-meme.pl, through which the Customer can obtain information about available goods, purchase them, or order services.

Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

Regulations – these Regulations specify the conditions of sale and the rules of providing electronic services within the LA MEME Online Store.

Goods – movable property that the Customer can purchase in the Online Store.

Digital Service – a service that allows the Consumer to:

(generate, process, store, or access data in digital form, share data in digital form that has been transmitted or created by the Consumer or other users of this service, engage in other forms of interaction using data)

Digital Content – data created and provided in digital form.

Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between LA MEME company and the Customer, with the sale taking place in the Online Store.

Initial Price – the first price at which the Goods appeared in the Online Store.

Lowest Last Price – the lowest price of the Goods available in the Online Store during the last 30 days.

Promotional Price – the price of the Goods after reduction in the Online Store as a result of the Seller’s promotional campaign.

Promotions – special conditions for concluding a sales agreement proposed by the Seller within a specified period of time, from which the Customer can benefit on specific terms established by the Seller, such as price reduction of the Goods.

Privacy Policy of the Online Store – a document containing detailed rules for processing personal data and using cookies. The Privacy Policy of the Online Store is available at the address: la-meme.pl

Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).

Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).

Order – the Customer’s declaration of intent aimed at directly concluding a Sales Agreement.

2. General Provisions

This document specifies the rules for using the LA MEME online store located at la-meme.pl. This document constitutes the terms and conditions as referred to in Article 8 of the Act on the Provision of Electronic Services.

The LA MEME online store is operated by LA MEME Kinga Öztürk, Tylna 3L/1, 90-364 Łódź, NIP 8341851424, REGON 522407186, and can be accessed at www.la-meme.pl.

The business activities are registered in the Central Register and Information on Economic Activity (CEIDG), maintained by the relevant Minister responsible for the economy.

The use of the online store is possible provided that the user has an up-to-date web browser, such as Internet Explorer, Chrome, Safari, or Firefox, and has a program for viewing PDF files. In accordance with applicable laws, LA MEME reserves the right to limit the provision of services through the online store to individuals who have not reached the age of 18.

3. Types and Scope of Electronic Services Provided

The following electronic services are provided through the online store:

– Placing orders for goods and entering into sales agreements

– Registration and account usage within the online store

– Sending email messages to confirm order receipt, payment receipt, and order acceptance for processing by the Seller

4. Orders

Orders can be placed in the online store either through a registered account or by choosing the option to purchase without registration. Purchases can be made by completing the electronic purchase form available on the online store’s website. The customer selects the desired products and adds them to the shopping cart. The form specifies the selected products, their quantities, prices, and other relevant details. The customer follows the appropriate steps during the purchasing process as guided by the messages displayed on the online store.

After selecting all the products and providing the necessary information, a summary of the placed order will be presented. The summary will include the Seller’s details, the ordered products, prices, delivery costs, and, if applicable, the chosen payment method, delivery method, and estimated delivery time and costs.

To proceed with the order, the customer must provide the required personal data in the electronic form, accept the terms and conditions of the regulations, and submit the order by clicking the „Buy and Pay” button. The sales agreement is considered concluded at the moment when the Seller receives the electronic order form, resulting in the transmission of an order confirmation message to the Buyer, including the order number.

After concluding the sales agreement, the Buyer receives an email confirmation of the order acceptance for processing. This email contains the final summary and confirmation of all purchase details.

Until the Seller begins processing the order, the Buyer has the right to cancel their order. If the customer cancels the order, the Seller will refund the payment using the same method used by the customer for the original purchase. The Seller will process the refund within 7 business days.

5. Prices and Payment Methods

The prices of goods in the Online Store are stated in Polish zloty and include all components, including VAT.

The customer has the option to pay for the goods via bank transfer, PayPal, PayU, or BLIK payment systems.

The customer chooses the payment method at the time of placing the order.

The operator of the payment cards is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register under the KRS number 0000347935, NIP 7792369887, REGON 301345068.

6. Delivery

In the Electronic Order Form, the customer selects the method of delivery by marking the appropriate choice.

In the event that the customer fails to collect the goods, resulting in the return of the goods to the seller, the seller may terminate the sales contract after prior notification to the customer via email provided in the purchasing process. Termination of the contract occurs by sending the customer a declaration in the form of an email message.

In the situation indicated in point 2, the seller is obliged to promptly refund the payment received from the customer for the goods purchased by the customer.

Currently available methods of delivery in the Online Store are available at the website address www.la-meme.pl.

7. Right of Withdrawal from the Contract

Within 14 days without stating any reasons, the customer has the right to withdraw from the contract. The deadline for withdrawing from the contract expires 14 days after the customer has acquired the purchased goods. To exercise the right of withdrawal from the contract, the customer must inform the seller (LA MEME Kinga Öztürk, Tylna 3L/1, 90-364 Łódź, biuro@la-meme.pl) of their decision to withdraw from the contract by means of an unambiguous statement (e.g., sending an appropriate letter by post or email). The customer can use the withdrawal form provided on the Online Store’s website. In the case of using the right of withdrawal within 14 days, the cost of returning the goods is borne by the seller. https://la-meme.pl/wp-content/uploads/2023/02/FORMULARZ-ZWROTU-.pdf

Within 14 days without stating any reasons, an Entrepreneur-Consumer, including an individual making purchases in the Store for purposes directly related to their business activity, when using the Store, including making purchases in the Store, does not have a professional nature for this person, in particular resulting from the subject of their business activity made available based on the provisions on the Central Register of Information on Economic Activity, has the right to withdraw from the contract. The deadline for withdrawing from the contract expires 14 days after the customer has acquired the purchased goods. To exercise the right of withdrawal from the contract, the customer must inform the seller (LA MEME Kinga Öztürk, Tylna 3L/1, 90-364 Łódź, biuro@la-meme.pl) of their decision to withdraw from the contract by means of an unambiguous statement (e.g., sending an appropriate letter by post or email). The customer can use the withdrawal form provided on the Online Store’s website. In the case of using the right of withdrawal within 14 days, the cost of returning the goods is borne by the seller. https://la-meme.pl/wp-content/uploads/2023/02/FORMULARZ-ODSTAPIENIA-OD-UMOWY.pdf

8. Complaints

To submit a complaint, it is mandatory to fill out the Complaint Form available on the Online Store’s website at https://la-meme.pl/wp-content/uploads/2023/02/FORMULARZ-REKLAMACYJNY.pdf

Complaints can be submitted by sending the printed and completed Complaint Form to LA MEME Kinga Öztürk, Tylna 3L/1, 90-364 Łódź, or by email to reklamacje@la-meme.pl. In the case of email submission, the complaint form for the products must be accompanied by a photo of the defective product clearly showing the defect, which will be the basis for the complaint, as well as a scan of the purchase receipt issued by the Seller. In the case of physical submission of the form to LA MEME Kinga Öztürk, Tylna 3L/1, 90-364 Łódź, the complained products and the original purchase receipt issued by the Seller must be included. The inclusion of the purchase receipt is necessary for the Seller to process the complaint.

If exercising the rights under warranty – if the Seller deems it necessary to process the complaint, the Customer is obliged to deliver the damaged product to the Seller’s address. The Seller bears the cost of delivery (the cost of the cheapest available delivery by LA MEME).

The Seller undertakes to respond to the received complaint no later than within 14 days from its submission. If no response has been provided within the deadline, it is deemed that the complaint has been recognized.

The Seller is liable under the warranty if a physical defect is found within two years from the date of the product’s issuance to the Buyer.

The rights granted to the Business-Consumer, an individual, including those making purchases in the Online Store for purposes directly related to their business activity, for which using the Store, including making purchases in the Store, does not have a professional nature resulting in particular from the subject of their economic activity, made available on the basis of the provisions on the Central Register of Information on Economic Activity, concerning the complaint procedure, are the same as for other Customers.

9. Out-of-court methods of complaint resolution

The Consumer may submit a request for initiation of proceedings regarding out-of-court settlement of consumer disputes arising from the concluded Sales Agreement to the Trade Inspection authority in accordance with Article 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).

It is possible for the Consumer to apply for the resolution of a dispute arising from the concluded Sales Agreement to be considered by a permanent amicable consumer court operating at the relevant provincial inspectorate of the Trade Inspection authority, in accordance with Article 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).

The website https://ec.europa.eu/consumers/odr provides access to an online platform for the resolution of disputes between consumers and traders at the European Union level (Online Dispute Resolution platform).

Detailed information regarding the resolution of consumer disputes, including the use of out-of-court complaint resolution methods by the Consumer, can be found on the website https://uokik.gov.pl/spory_konsumenckie.php.

These procedures are voluntary, and both parties must agree to them.

The court having jurisdiction to settle disputes with Consumers is determined according to the applicable provisions of the Code of Civil Procedure.

10. Newsletter Service

The customer’s data provided in the newsletter subscription form (name, surname, email address) is processed for the purpose of sending the newsletter based on the customer’s consent. It is necessary for the customer to confirm their subscription to our newsletter after receiving the first message.

The customer’s data will not be transferred to any third country outside the European Union for the purpose of sending the newsletter.

Providing the data for newsletter subscription is voluntary but necessary for sending the newsletter based on the customer’s consent, as well as for sending information about marketing our own goods or services based on the legitimate interest of the seller (Art. 6(1)(f) of the GDPR) and for pursuing any claims related to the newsletter delivery.

The customer will receive the newsletter until they unsubscribe or until the seller ceases to send the newsletter.

To unsubscribe from the newsletter service, the customer can click on an active link indicating the newsletter unsubscribe option or send an email directly to the seller’s address at biuro@la-meme.pl.

After unsubscribing from the newsletter service, the customer’s subscription data will be stored for a period necessary to defend against potential claims. This is the legitimate interest of the seller. The customer’s data provided during newsletter subscription, as the data controller, may be transferred to the following entities: IT system maintenance and hosting service providers, email service providers, newsletter service providers, and third parties supporting the seller in newsletter delivery with whom the seller has appropriate agreements.

11. Guidelines for Posting Reviews

Customers can leave reviews regarding order processing or the products by using the interface provided on the online store’s website for each specific product. Within a single order, a customer has the option to leave only one review.

Within the review, customers can provide a written statement and assign a rating.

Ratings are stored and publicly displayed on the online store’s website.

The seller verifies reviews using the email address used during the purchase process of the respective product. Reviews can only be submitted by customers who have made a purchase of the specific product.

The seller does not modify the content of the reviews.

The buyer solely and independently bears responsibility for the statements made within the review.

The seller is authorized to remove reviews in accordance with the provisions of the law and this Terms and Conditions.

It is not permissible to include content containing false or misleading information, vulgar or aggressive language, offensive content, or content that is evidently considered contrary to good manners. It is also not permissible to include content that is unlawful, violates the rights of third parties, or constitutes an act of unfair competition.

Customers are obligated not to include content containing links to external websites with promotional or advertising purposes or containing personal data of third parties.

12. Final Provisions

In the event of any changes or invalidation of any provision of these Terms and Conditions by a competent authority or court decision, the remaining provisions remain in force and bind the seller and the customer.

The seller reserves the right to amend these Terms and Conditions. All agreements concluded before the effective date of the new Terms and Conditions shall be implemented based on the Terms and Conditions in force at the time of their conclusion.

Polish law shall govern the resolution of any disputes arising from these Terms and Conditions. Such disputes shall be resolved by the competent local court. A customer who is also a consumer may also use alternative dispute resolution methods, including filing a complaint or pursuing claims outside of court. Detailed information regarding alternative dispute resolution methods can be found on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. It should be noted that these procedures are voluntary, and both parties must agree to participate in them.

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we would like to inform you that the Online Dispute Resolution (ODR) platform is available at http://ec.europa.eu/consumers/odr. The ODR platform is a website that serves as a comprehensive point of contact for consumers and businesses seeking to resolve disputes regarding contractual obligations arising from online sales or service contracts at the EU level.