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Terms & Conditions

Terms & Conditions

Regulations of the online store www.lulaly.com valid from 01.09. 2017

 

1. GENERAL INFORMATION

  1. The Regulations of the Online Store, hereinafter referred to as the "Regulations", define the rules of using the Online Store, placing orders for Goods available in the Online Shop, delivery of ordered goods to the Buyer, payment by the Buyer of the sale price of goods, the Buyer's right to withdraw from the contract and the rules for filing and reviewing complaints.
  2. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list available at the address indicated in § 2 point. 2. 
  3. The Seller reserves the right to change the prices of products on the Online Store's offer, to introduce new products to the Store's offer, to carry out and cancel promotional campaigns on the Store's website or to make changes to them, in accordance with these Regulations or the terms and conditions of the promotion.The introduced changes can not affect the effectiveness and manner of executing previously placed orders.
  4. The buyer is obliged to comply with these Regulations. 

 

2 DEFINITIONS

The following expressions used in the text of the Regulations have been assigned the following meanings:

  1. Complaint address: LULALY Ewa Makowska, Domaniewska 17/19 lok. 133, 02-672 Warsaw or by e-mail:  lulaly@lulaly.com
  2. Price list of deliveries - a list of available types of delivery and costs is described in detail at HERE
  3. Proof of purchase - it is understood as an invoice, receipt, invoice inserted in accordance with the Polish Law on Income Tax from March 11, 2004, as amended, confirmation of card payment, account statement.
  4. Product card - a single sub-page of an online store containing information about a single Product.
  5. Client - an adult person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making purchases with the Seller directly related to its business or professional activity.
  6. Consumer - an adult person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
  7. Cart - a list of Products made from the Products offered on the Store based on the Buyer's choices.
  8. The buyer - both the Consumer and the Customer.
  9. Goods issue address - postal address indicated in the Order by the Buyer;
  10. The moment of issue of the item - the moment when the Buyer or a third party indicated by him for acceptance will take possession of the item.
  11. Payment - method of making payment by the Buyer for the object of the contract and delivery mentioned  HERE .
  12. Product - the product offered for sale by the Seller in the Store. Product photos are for reference only. The colors of the Products may be slightly different from those in reality - they depend, for example, on the monitor settings (color saturation and other settings, and are also determined by the color of the product components, which may vary depending on the production lot).
  13. Subject of the contract - Products ordered by the Buyer together with the delivery service.
  14. Shop - Internet service available at www.lulaly.com through which the Buyer can place an order.
  15. Seller:

    LULALY Ewa Makowska

    Domaniewska 17/19 lok. 133 

    02-672 Warsaw

    REGON: 368102586, Tax Identification Number : PL 8862421979

  16.  Completion date - number of hours or working days specified on the product sheet for the execution of the Order.
  17. Defect - both physical and legal defect of the Product.
    1. Physical defect - incompatibility of the item sold with the contract, in particular:
  • Contract - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of 23 April 1964 in the case of Buyers.
  • It has no properties that this type of item should have due to the purpose in the contract marked or resulting from the circumstances or destination, unless the consumer did not comply with the registration label placed on the packaging;
  • It is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such a destination;
  • Has been delivered to the Consumer in an incomplete state;
  • In case of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller
  • It does not have the characteristics provided by the manufacturer or his representative or the person who places the product on the market in his business and a person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as a producer, unless The seller did not know these assurances or, judiciously, could not know or they could not affect the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
  • Irregularity of the surface of the candle, drops of oil on the surface, possible openings in its surface, differences in the color of wax (from white, through beige and shades of yellow), discoloration of the wax after melting in the burning process of the candle are not physical defects of the product , because they result only from the fact of using natural raw materials, high content of aromatic oils and manual method of candle production;  
    1. Legal defect - a situation when a sold item is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of an item results from a decision or ruling by a competent authority.

19. Order - Buyer's declaration of intent made through the Store, clearly specifying: the type and quantity of products; type of delivery; type and amount of payment; place of issue of things, details of the Buyer and aiming directly at the conclusion of the contract between the Buyer and the Seller.

 

3 CONCLUSION OF THE AGREEMENT AND IMPLEMENTATION 

  1. Orders can be placed 24 hours a day, 7 days a week.
  2. Placing an order does not require creating an account.
  3. In order to place an order, the Buyer does the following:
  • Adding a Product to the basket;
  • Indication of the e-mail address;
  • Choosing the type of delivery and payment;
  • Choosing the place of delivery of products;
  • Indication of basic data including personal data enabling contact and shipping;
  • Placing Orders in the Shop by using the " Order " button
  • The Buyer may also place an Order via email at : lulaly@lulaly.com
  1. By placing an Order, the Buyer places an offer to the Seller to conclude a Sales Agreement.
  2. After submitting the Order to the Buyer will be automatically sent an email confirming its acceptance.
  3. Shipment of the Subject of the contract takes place within the time specified on the Product Card - usually up to 3 days, and for Orders made of many products for the longest period of the products specified on the Cards. If the Product is not available, the Seller will contact by e-mail or telephone to inform the Buyer about the expected date of the Order.
  4. The buyer will be informed at the indicated email address about the completion of the Order and the shipment number . 
  5. The Buyer makes the payment for the placed Order by choosing one of the available payment methods:
  • cash on delivery;
  • traditional bank transfer;
  • online bank transfer;

The entity providing online payment services by electronic means is Blue Media SA

Details of the payment methods mentioned above can be found  HERE .

Execution of the Order in the form of "cash on delivery" takes place immediately after the conclusion of the Agreement, and the Order with the form of payment "bank transfer" and "Payment by card" after the conclusion of the Agreement and entry into the Buyer's account on the Seller's account.

  1. The purchased Subject of the contract is together with the proof of purchase sent to the type of delivery selected by the Buyer to the place of delivery of goods indicated by the Buyer in the Order.
  2. The Seller provides the Products covered by the Order via an external courier company performing the delivery at the request of the Seller. 
  3. Detailed delivery terms by the courier company are indicated  HERE .
  4. The Seller is obliged to provide the Buyer with Products without defects.

 

4 RIGHT TO WITHDRAW FROM THE AGREEMENT 

  1. The consumer is entitled on the basis of art. 27 of the Act of 30 May 2014 on consumer rights, the right to withdraw from a contract concluded away from business premises or concluded remotely, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Act of 30 May 2014 on consumer rights.
  2. The deadline to withdraw from a contract concluded remotely or outside the business premises is 14 days  from the date of delivery of the item, and it is sufficient to send a statement before its expiry.
  3. In order to exercise the right of withdrawal from the contract, the Consumer must inform the Seller of its decision to withdraw from this contract by an unambiguous statement (for example, a letter sent by post or e-mail). The consumer may use the model withdrawal form, the model of which is attached as Annex 2 to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
  4. The seller will immediately confirm to the consumer by e-mail (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.
  5. In the event of withdrawal from the contract, the contract is considered null and void.
  6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he rescinded the contract. To meet the deadline, all you have to do is return the item before its expiry.
  7. The Consumer sends back the items being the subject of the contract, from which he resigned at his own expense and risk to the Seller's address:

LULALY Ewa Makowska

Domaniewska 17/19 lok. 133 

02-672 Warsaw

with the note "RETURN"

  1. The consumer is liable for a decrease in the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
  2. The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer and return the product to the address indicated in point 7, return to the Consumer all payments made by him, including the cost of delivering the item, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with art. 33 of the Act of 30 May 2014 on consumer rights.
  3. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different payment method which does not involve any costs for him.
  4. If the Seller has not offered to collect the item from the Consumer, the Seller may withhold the return of the payment received from the Consumer until receipt of the item or delivery by the Consumer of proof of its return, depending on which event occurs first.
  5. Consumer according to art. 38 of the Act of 30 May 2014 on consumer rights does not have the right to withdraw from the contract in which the subject of the provision is an item delivered in a sealed package, which after opening the packaging can not be returned due to health or hygiene reasons (for example: cosmetics ) if the packaging has been opened after delivery.

 

5 WARRANTIES & COMPLAINTS 

  1. The seller based on art. 558 § 1 of the Civil Code excludes liability to customers for physical defects (warranty).
  2. The seller is liable to the consumer on the terms set out in art. 556 et seq. Civil Code for defects (warranty).
  3. In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer.
  4. The consumer, if the item sold has a defect, may:
  • Make a statement about the demand to lower the price;
  • Make a declaration of withdrawal from the contract;

unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for a defect-free one or removes the defect.However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or remove the defect, he is not entitled to replace the item or remove the defect.

  1. Consumer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in a manner chosen by the consumer is impossible or would require excessive costs compared to the method proposed by the seller , while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
  2. The consumer can not withdraw from the contract if the defect is irrelevant.
  3. The consumer, if the item sold has a defect, may also:
  • Demand for the replacement of things to be free of defects;
  • Request removal of the defect.
  1. The seller is obliged to replace the defective item with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the consumer.
  2. The seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract
  3. The consumer who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective item to the address of the complaint in accordance with the complaint procedure available at HERE
  4. The cost of replacement or repair of the Product shall be borne by the Seller.
  5. The seller is obliged to accept from the consumer a faulty item in the event of replacing the item with a non-defective one or withdrawing from the contract.
  6. The seller will respond within fourteen days to:
  • Statements about the price reduction request;
  • Statements about withdrawal from the contract;
  • Requests for replacing things with a non-defective one;
  • Demand removal requests.

Otherwise, it is considered that he considered a submitted statement or Consumer's request justified.

  1. The seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of delivery of the item to the consumer.
  2. The Consumer's claim to remove the defect or exchange the item sold for free from defects expires after one year, counting from the date of finding the defect, however, not earlier than within two years from the moment the consumer issues the item, and if the object of sale is used within one year from the moment release of items to the Consumer.
  3. In the event that the expiry date specified by the Seller or the manufacturer ends after two years from the delivery of the item to the consumer, the seller is responsible for the physical defects of this item stated before the expiry of that period.
  4. Within the time limits specified in § 5 p. 14 - 16 The consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item free of defects or removal of the defect, the deadline for submitting a declaration of withdrawal or price reduction begins with the moment of ineffective expiry of the deadline for replacing the item or removing the defect.
  5. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights due to the Consumer under this warranty is suspended until the final conclusion of the proceedings. It also appropriately applies to mediation proceedings, while the time limit for exercising other rights under the warranty vested in the Consumer begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.

 

6 PRIVACY POLICY AND PROTECTION OF PERSONAL DATA 

  1. The administrator of the personal databases provided by the Consumers of the store is the Seller.
  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on electronic services of July 18, 2002. The Buyer giving his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The buyer has the ability to view, correct, update and delete their personal data at any time.
  3. Detailed rules for the collection, processing and storage of personal data used to complete orders by the store are described in the Privacy Policy, which can be found  HERE

 

7 ELECTRONIC INVOICE

The transaction document is issued to the counterparty in the form of an electronic invoice to the e-mail address provided by him. 

Pursuant to the Act on registration of sales, the seller is obliged to register revenues received online; In the event of technical failure, up to 48 hours at the latest.

 

8 CONTACT 

Complaints, statements about withdrawal from the contract and any other statements, questions, comments or doubts should be directed to:

  1. to the e-mail address:  lulaly@lulaly.com
  2. by phone: + 48 736 44 33 77

 

9 FINAL PROVISIONS 

  1. The current version of the Regulations is available to the Buyer in the Regulations tab. During the execution of the Order and during the after-sales care of the Buyer, the Regulations accepted by him when placing the Order shall apply. Except for the situation when the Buyer deems it less favorable than the current one and informs the Seller of the current choice as binding.
  2. In matters not covered by these Regulations, applicable legal provisions shall apply.
  3. Disputed issues, with the consent of the Buyer, will be resolved by mediation or arbitration. In the event of disagreement, the matter will be resolved by the court having jurisdiction and jurisdiction according to the provisions of the Civil Procedure Code (court having jurisdiction over the place of residence / registered office of the Buyer).
  4. Detailed information on the Consumer's use of out-of-court complaint and redress methods as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Inspection Handlowa and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php  http://www.uokik.gov.pl/wazne_adresy.php.
  5. The consumer has the following exemplary possibilities to use non-judicial means of dealing with complaints and redress:
  • The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended), with a request to settle the dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer courts of arbitration. (OJ 2001, No. 113, item 1214).
  • The consumer is entitled to apply to the Provincial Inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.

6. The consumer can get free assistance regarding the settlement of the dispute between the Consumer and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers) . Advice is provided by the Consumer Federation under the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at email  
porady@dlakonsumentow.pl .

7. In the event of a real dispute, the consumer may contact the ADR body, which is located at the following address:  http://www.cik.uke.gov.pl/ . The case can be solved by online iniernet.

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