TERMS AND CONDITIONS OF THE ONLINE STORE
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These Regulations define the general conditions, rules and method of sale conducted by LAVINA - Limited Liability Company with its registered office in Warsaw, via the internet store beton555.com (hereinafter: the "Online Store") and define the terms and conditions of provision by LAVINA - Limited Liability Company with its seat in Warsaw, free electronic services. |
§ 1 Definitions |
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Seller's Office - means a place intended for customer service at the following address: Lavina Sp. z o.o. ul. Parowcowa 4B, 02-445 Warsaw. |
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Working days - means days of the week from Monday to Friday, excluding public holidays. |
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Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order. |
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Supplier - means a courier company with which the Seller cooperates in the delivery of Goods. |
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Password - means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store. |
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Customer - means an entity for which, in accordance with the Regulations and legal regulations, services may be provided electronically or with which the Agreement may be concluded, with the exception of consumers, i.e. natural persons performing legal actions not directly related to their business or professional activity. |
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Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service. |
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Offer - means an offer, the subject of which is the Service provided by the Seller, presented by the Seller via e-mail, sent to the Customer as a result of his inquiry. |
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Entrepreneur - means a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity. |
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Regulations - means these regulations. |
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Registration - means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store. |
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Seller - means LAVINA - Limited Liability Company with its registered office in Warsaw (02-445), ul. Parowcowa 4B, NIP: 5223011204, REGON: 147005472, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS 0000488737, with a share capital of PLN 25,000; e-mail: info@lavina-eu.com, which is also the owner of the Online Store. |
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Store Website - means the websites where the Seller runs the Online Store, operating in the domain of beton555.com. |
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Goods - means the product presented by the Seller via the Store's Website. |
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Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a suitable time for the purposes for which this information is used and which allows the stored information to be restored unchanged. |
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Agreement - means a contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller. |
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Service - means a service presented by the Seller via the Store's Website. |
§ 2 General provisions and use of the Online Store |
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All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to patterns, forms, logos posted on the Store's Website (except for logos and photos presented on the Website) Store for the purposes of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing. |
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The Seller will endeavor to make the use of the Online Store possible for Internet users using all popular web browsers, operating systems, device types and types of internet connections. The minimum technical requirements enabling the use of the Store's Website is a web browser of at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an internet connection o a throughput of at least 256 kbit / s. The Store's website is optimized for a minimum screen resolution of 1024x768 pixels. |
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The Seller uses the mechanism of "cookies", which are saved by the Seller's server on the hard drive of the Customer's end device when the Customers use the Store's Website. The use of "cookies" is aimed at the correct operation of the Store's Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. Each customer may disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store's Website. |
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In order to place an order in the Online Store via the Store's Website or via e-mail and in order to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account. |
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In order to place an order in the Online Store by phone, the Customer must have an active telephone number and an active e-mail account. |
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It is prohibited for the Customer to provide unlawful content and the Customer to use the Online Store, the Store's Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of third parties. |
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The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form. |
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It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interest of the Seller, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activities of the Seller; activity consisting in posting false or misleading content. |
§ 3 Registration |
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In order to create a Customer Account, the Customer is obliged to make a free Registration. |
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Registration is necessary to place an order in the Online Store. |
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In order to register, the Customer should complete the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password. |
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When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. |
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During Registration, the Customer may voluntarily consent to the processing of his personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the recipients of such data known to the Seller or expected. |
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The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may, for example, be sent to the Seller's address via e-mail. |
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After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer Account Service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration. |
§ 4 Orders |
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The information contained on the Store's Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude an Agreement. |
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The Customer may place orders for Goods in the Online Store via the Store's Website or via e-mail 7 days a week, 24 hours a day. |
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The Customer may place orders for Goods in the Online Store via telephone during the hours and days indicated on the Store's Website. |
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A customer placing an order via the Store's Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Shop Website. After completing the entire order and indicating the method of Delivery and payment method in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "ORDER" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Agreement. |
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A customer placing an order via the Store's Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the "ADD TO CART" command under the given Goods presented on the Shop Website. After completing the entire order and indicating the method of Delivery and payment method in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "ORDER" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Agreement. |
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After concluding the Agreement by phone, the Seller will send information confirming the terms of the Agreement to the e-mail address provided by the Customer. The confirmation includes in particular: the description of the Good being the subject of the Agreement, its price, the cost of Delivery and information on any other costs that the Customer is obliged to incur in connection with the Agreement. |
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A customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Store's Website. In the message sent to the Seller, the Customer specifies in particular: the name of the Good, color and its quantity, from among the Goods presented on the Store's Website, and their contact details. |
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After receiving the message referred to in §4 para. 7, the Seller sends the Customer a return message via e-mail, providing his registration data, the price of the selected Goods and possible payment methods and the method of Delivery along with its cost, as well as information on all additional payments that the Customer would have to pay under the Agreement. The message also contains information for the Customer that the conclusion of the Agreement by e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller, indicating the selected form of payment and the method of Delivery. |
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By placing an order, the Customer submits an offer to conclude an Agreement. |
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After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer. |
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Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §4 para. 9 above and upon its receipt by the Customer, the Agreement is concluded. |
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When making payments for the purchased Goods, listed in Annex 15 to the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws 2018, item 2174, as amended), which payments are documented with an invoice, in whose total receivable amount exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to use the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order. |
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The invoice issued by the Seller, referred to above, should contain the words: "split payment mechanism". The parties to such a transaction are required to have a settlement account referred to in Art. 49 sec. 1 point 1 of the Act of August 29, 1997 - Banking Law, or a personal account in a cooperative savings and credit union opened in connection with business activity, kept in the Polish currency. |
§ 5 Payment |
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The prices on the Store's Website placed next to the given Goods are net and gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order. |
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The customer may choose the following forms of payment for the ordered Goods: |
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bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller's bank account); |
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bank transfer to the Seller's bank account with the option of personal collection at the Seller's Office (in this case, the order will be processed immediately after the Seller sends the confirmation of order acceptance to the Customer, and the Goods will be released at the Seller's Office, after the funds are credited to the Seller's bank account); |
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payment card or bank transfer via the external payment system PayU, operated by PayU S.A. based in Poznań (in this case, the execution of the order will begin after the Seller sends the confirmation of the order acceptance to the Customer and after receiving information from the PayU system about the successful completion of the payment); |
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by payment card or bank transfer via the external payment system PayU, with the option of personal collection at the Seller's Office, operated by PayU S.A. based in Poznań (in this case, the implementation of the order will start after the Seller sends the confirmation of the order acceptance to the Customer and after receiving information from the PayU system about the successful completion of the payment) and the Goods will be released at the Seller's office; |
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cash on delivery, payment by the Supplier when making the Delivery (in this case, the execution of the order will begin after the Seller sends the confirmation of the order to the Customer). |
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The customer should make the payment for the order in the amount resulting from the concluded Agreement within 7 Business Days, if he chose the form of prepayment. |
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In the event of the Customer's failure to pay the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code. |
§ 6 Delivery |
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The Seller carries out the Delivery within Europe. |
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The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. |
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On the day of sending the Goods to the Customer (if the option of personal collection of the Goods has not been selected), the information confirming the shipment by the Seller is sent to the Customer's e-mail address. |
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The customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier's employee draw up the appropriate protocol. |
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The customer may collect the ordered goods in person. The collection can be made at the Seller's Office on Business Days, during the opening hours indicated on the Store's Website, after prior arrangement with the Seller of the collection date via e-mail or by phone. |
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The Seller attaches to the shipment being the subject of the Delivery, a VAT invoice covering the delivered Goods. |
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In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of Delivery. |
§ 7 Orders for a paid service. Performing a trial |
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The Seller provides the Customers with a paid service: the Test Execution Service. |
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The service of Performing the trial consists in the professional performance of a fragment of the works by the Seller using specialized equipment (machines) in order to present the possibilities of the machine or to present the final result for the Customer, in the place indicated by the Customer when ordering the Service. The detailed scope and method of performing the Service is indicated on the Store's Website and presented in the Offer. |
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The Customer may place orders for the Testing Service in the Online Store via e-mail, 7 days a week, 24 hours a day. |
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In order to place an order, the subject of which is the Test Execution Service, the Customer shall send an inquiry to the Seller via e-mail or by phone. In the message addressed to the Seller, the Customer specifies in particular: individual expectations as to the scope, method and date of the Service |
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In return, the Customer receives a message via e-mail containing the Seller's registration data, all details of the Offer, including the price of the Service; possible forms and payment date; the scope of the Service and the manner of its implementation; main features of the service being the subject of the Offer; the date of performance; as well as information on all additional payments that the Customer would have to incur in connection with the Agreement. The message also contains information for the Customer that if he concludes the Agreement via e-mail, this entails an obligation to pay. |
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To the e-mail message referred to above in §7 para. 5, the Regulations of the Online Store and the Privacy Policy are attached. |
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On the basis of the information provided, the Customer may place an order by returning an e-mail, indicating his contact details, and the Agreement is concluded at that moment, under the conditions specified in the Offer. |
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At the request of the Customer, the Seller shall send by e-mail to the e-mail address provided by the Customer when ordering the service, an invoice for the ordered paid services. The invoice is delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. The seller recommends the Adobe Acrobat Reader program for this purpose, which can be downloaded free of charge at http://www.adobe.com |
§ 8 Diagnostics and repair of the Goods |
Customer with warranty rights |
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The Customer who is entitled to effective warranty rights, via the Store's Website, may submit a request for a warranty repair of the Goods being the subject of the complaint under the warranty by completing a dedicated form on the Store's Website and sending it electronically to the Seller, by selecting the appropriate function in the form. |
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After sending the form referred to above, the Seller will contact the Customer at the telephone number provided by him, or at the e-mail address provided by him, in order to make an initial diagnosis of the reported defects and to determine a convenient method and date for the delivery of the Goods to the Seller, which is the subject of the complaint under the warranty. |
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Delivery of the advertised Goods to the Seller, its diagnosis and removal of the defect (repair), as well as the return of the repaired Goods to the Customer via courier, is at the Seller's expense. |
§ 9 Diagnostics and repair of the Goods |
Customer not entitled to warranty rights |
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A customer who is not entitled to effective warranty rights, via the Store's Website, may place an order for a free Goods diagnostics service along with a paid service for collecting equipment from the Customer and delivering equipment to the Customer, with a simultaneous inquiry regarding a possible repair of the equipment. |
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The customer may place orders for a free Goods diagnostics service, with a simultaneous inquiry regarding a possible repair of the Goods in the Online Store via the Store's Website, 7 days a week, 24 hours a day. |
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In order to use the services referred to in §9 para. 1, the Customer fills out a dedicated form and sends it electronically to the Seller by selecting the appropriate function in the form. Each time before the shipment of the order to the Seller, the Customer is informed about the total price for collecting the Goods from the Customer and returning the Goods to the Customer, as well as about all additional costs that he is obliged to incur in connection with the Agreement. |
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After sending the form referred to above, the Seller will contact the Customer at the telephone number provided by him or at the e-mail address provided by him, in order to make an initial diagnosis of the reported defects and determine the method and date of delivery of the Goods that are the subject of the notification to the Seller. The delivery of the Goods to the Seller and its return to the Customer takes place at the Customer's expense, about which the Customer is informed each time. |
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After the diagnosis of the equipment by the Seller, the Seller sends the Customer a return message via e-mail to the e-mail address provided in the form, which includes the Seller's Offer to conclude a contract for the provision of a paid service by the Seller to the Customer Repair of equipment, prepared on the basis of the agreed during diagnostics, the condition of the equipment, as well as the information provided in the form by the customer. The customer via the above-mentioned message sent via e-mail, receives information about the Seller's registration data, the date of the service and information about the scope of the paid service, as well as the price of the paid service, possible forms of payment, as well as information about all additional payments that the Customer would have to pay under the Agreement provision of the equipment repair service. The message also contains information for the Customer that the conclusion of the Agreement for the provision of the Repair of equipment service via e-mail entails an obligation to pay. On the basis of the information provided by the Seller, the Customer may accept the Seller's Offer for a paid service by sending a return message to the Seller, and at that moment an Agreement for the provision of the Repair of equipment service is concluded between the parties. |
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At the request of the Customer, the Seller shall send by e-mail to the e-mail address provided by the Customer when ordering the service, an invoice for the ordered paid services. The invoice is delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. The seller recommends the Adobe Acrobat Reader program for this purpose, which can be downloaded free of charge at http://www.adobe.com |
§ 10 Warranty |
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The Seller excludes its liability under the warranty towards Customers who are Entrepreneurs. |
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The customer may submit a complaint to the seller in connection with the use of the services provided by the seller. The complaint may be submitted in electronic form and sent to the address info@lavina-eu.com. In the complaint, the customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply. |
§ 11 Warranty |
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Goods sold by the Seller may be covered by a guarantee granted by the Seller, the producer of the Goods or the distributor. |
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In the case of goods covered by the guarantee, information on the existence, content and terms of the guarantee is each time presented on the Store's Website. |
§ 12 Free services |
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The Seller provides the Customers with free electronic services: |
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Contact form; |
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Newsletter; |
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Maintaining a Customer Account; |
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Ask for the product. |
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Services specified in §12 para. 1 above are provided 7 days a week, 24 hours a day. |
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The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations. |
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The Contact Form service consists in sending a message to the Seller using the form available on the Store's Website. |
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It is possible to resign from the free service Contact Form at any time and consists in stopping sending inquiries to the Seller. |
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The Newsletter service can be used by any customer who enters his e-mail address, using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer shall immediately receive an activation link by e-mail to the e-mail address provided in the registration form, in order to confirm the subscription to the Newsletter. Upon the activation of the link by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded. |
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The Customer may additionally check the appropriate box in the registration form during Registration to subscribe to the Newsletter service. |
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The Newsletter service consists in sending by the Seller, to the e-mail address, electronic messages containing information about new products or services in the Seller's offer. The newsletter is sent by the Seller to all customers who have subscribed. |
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Each Newsletter addressed to given Customers includes in particular: information about the sender, a completed "subject" field, specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service. |
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The customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account. |
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The Ask about a product service consists in sending a message to the Seller using the form available on the Store's Website. |
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Resignation from the free service Ask for a product is possible at any time and consists in ceasing to send inquiries to the Seller. |
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The Customer Account Service service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store's Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed. |
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The Customer who has registered may submit a request to the Seller to delete the Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request. |
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The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the Seller's detriment, i.e. conducting advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activities of the Seller; activity consisting in posting untrue or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, breaching the law or the provisions of the Regulations by the Customer, and also when blocking access to the Customer Account and free services is justified by security reasons - in in particular: breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form. |
§ 13 Personal data protection |
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The rules for the protection of Personal Data are set out in the Privacy Policy. |
§ 14 Termination of the contract for the provision of free electronic services |
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Both the Customer and the Seller may terminate the contract for the provision of free services by electronic means at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned. the agreement and the provisions below. |
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The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer's declaration of intent. |
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The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration. |
§ 15 Final provisions |
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The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer being the Entrepreneur. |
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The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website. |
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In the event of a dispute arising from the concluded Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations between the Customer and the Seller is Polish law, and the court having jurisdiction over the seat of the Seller. |
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The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of the Regulations. |
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Agreements with the Seller are concluded in Polish, English or Russian. |
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The Regulations enter into force on 09/15/2020. |