Regulamin sklepu

§ 1 Preliminary Provisions

1. The online store lamiro24, available at www.lamiro24.com, is run by Igor Roszczyk conducting business under the name Lamiro s.c. I. J. E. Roszczyk, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 125-08-40-291, REGON 012908240.

2. These Regulations are directed both to Consumers and Entrepreneurs using the Store and specify the rules for using the online store as well as the principles and procedure for concluding Distance Sales Agreements with Customers via the Store.

§ 2 Definitions

1. Consumer - a natural person entering into an agreement with the Seller in the Store, whose subject is not directly related to their business or professional activity.

2. Seller - a natural person conducting business under the name Lamiro S.C. I.J.E. Roszczyk, registered in CEIDG, NIP 125-08-40-291, REGON 012908240.

3. Customer - any entity making purchases via the Store.

4. Entrepreneur - a natural person, legal person, and organizational unit that is not a legal person, whose separate act grants legal capacity, conducting business on their own behalf, who uses the Store.

5. Store - the online store operated by the Seller at www.lamiro24.com.

6. Distance Agreement - an agreement concluded with the Customer as part of an organized system of concluding agreements remotely, without the simultaneous physical presence of the parties.

7. Regulations - these Store regulations.

8. Order - a declaration of will made by the Customer via the Order Form aimed at concluding a Sales Agreement for a Product or Products with the Seller.

9. Account - a customer account in the Store where data provided by the Customer and information about Orders placed by them are collected.

10. Registration Form - a form available in the Store allowing the creation of an Account.

11. Order Form - an interactive form that allows placing an Order, including adding Products to the Cart and specifying the conditions of the Sales Agreement.

12. Cart - a software element of the Store where the Products selected by the Customer for purchase are visible, and there is an option to establish and modify Order data.

13. Product - a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.

14. Sales Agreement - a sales agreement for a Product concluded or concluded between the Customer and the Seller via the online Store.

§ 3 Contact with the Store

1. Seller's address: Lamiro s.c. I. J. E. Roszczyk, 05-230 Kobyłka ul. Gościnna 12

2. Seller's email address: sklep@lamiro.com.pl.

3. Seller's phone number: 22 787 24 32.

4. Seller's bank account number: 56124063351111001077188521.

5. The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

6. The Customer can communicate with the Seller by phone from 8 AM to 4 PM.

§ 4 Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

a. A device with internet access and a web browser,

b. An active email account,

c. Enabled cookie handling,

d. Installed FlashPlayer software.

§ 5 General Information

1. The Seller, to the fullest extent permitted by law, is not liable for disruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.

2. Browsing the Store's assortment does not require creating an Account. The Customer can place orders for Products available in the Store's assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data to fulfill the Order without creating an Account.

3. The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transport, delivery, and postal service fees), which the Customer is informed about on the Store's pages during the Order placement, including at the moment of expressing the intention to enter into a Sales Agreement.

4. In the case of an Agreement covering a subscription or providing services for an indefinite period, the final (total) price is the total price including all payments for the billing period.

5. When the nature of the subject of the Agreement does not allow for a reasonable assessment of the final (total) price in advance, information on how the price will be calculated, as well as transport fees, delivery, postal service, and other costs, will be provided in the Store in the Product description.

6. The Customer acknowledges that the offered products are substitutes for the original product, the external appearance of which is protected by the vehicle manufacturer as an industrial design. This product may only be used for repairing the vehicle to restore its original form. In the event of a violation of the above, the Customer will be obliged to compensate the Seller for all damages, including the payment of compensation to the entitled to the designs, covering the legal costs incurred by the Seller in connection with this violation.

§ 6 Creating an Account in the Store

1. To create an Account in the Store, it is necessary to fill out the Registration Form. It is essential to provide the following data: First and Last Name, mobile phone number, email address, password.

2. Creating an Account in the Store is free of charge.

3. Logging into the Account is done by entering the login and password established in the Registration Form.

4. The Customer has the option to delete the Account at any time, without providing a reason and without incurring any fees by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7 Ordering Process

To place an Order, you must:

1. Log in to the Store.

2. Select the Product that is the subject of the Order, and then click the “Add to Cart” button.

3. Click the “Order and Pay” button and confirm the order by clicking the link sent in the email.

4. Choose one of the available delivery methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§ 8 Offered Delivery and Payment Methods

1. The Customer can choose from the following delivery or collection methods for the ordered Product:

a. Courier delivery,

b. Personal collection available at: 05-205 Lipka, ul. Szosa Jadowska 22, Poland.

2. The Customer can choose from the following payment methods:

a. Cash on delivery (for domestic shipments only),

b. Payment by bank transfer to the Seller's account,

c. Electronic payments,

d. Payment by credit card.

3. Detailed information about delivery methods and acceptable payment methods can be found on the Store's website.

§ 9 Execution of the Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has submitted an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.

2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution occurs through the Seller sending the Customer a relevant email to the email address provided during the Order placement.

3. If the Customer chooses:

a. Payment by bank transfer, electronic payments, or credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the conclusion of the Sales Agreement - otherwise, the order will be canceled,

b. Payment by cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment,

c. Cash payment upon personal collection of the order, the Customer is obliged to make the payment upon collection of the order within 3 days from the date of receiving information about the readiness of the order for collection.

4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time indicated in its description, in the manner selected by the Customer during the Order placement.

5. The beginning of the delivery period for the Product to the Customer is calculated as follows:

a. In the case of the Customer choosing the payment method by bank transfer, electronic payments, or credit card - from the date of crediting the Seller's bank account.

b. In the case of the Customer choosing the cash on delivery payment method – from the date of the conclusion of the Sales Agreement,

6. In the case of the Customer choosing personal collection of the Product, the Product will be ready for collection by the Customer within the time indicated in the Product description. The Customer will also be informed of the readiness of the Product for collection by the Seller by sending a relevant email to the email address provided during the Order placement.

7. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement states otherwise. The costs of delivery of the Product (including transport charges, delivery, and postal services) are indicated to the Customer on the Store's website in the “Delivery Costs” section and during the Order placement, including at the moment the Customer expresses their willingness to enter into the Sales Agreement.

8. Personal collection of the Product by the Customer is free of charge.

9. If the Seller receives information or has reasonable grounds to suspect that the purchased part will be used by the Customer contrary to the requirements contained in § 5 point 6 of the Regulations, the Seller may refuse to sell the product to the Customer.

§ 10 Right of Withdrawal

1. The consumer may withdraw from the Sales Agreement within 14 days without providing any reason.

2. The period referred to in paragraph 1 begins from the delivery of the Product to the Consumer or to a person designated by him other than the carrier.

3. In the case of an Agreement that covers multiple Products delivered separately, in batches, or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch, or part.

4. In the case of an Agreement for the regular delivery of Products for a specified period (subscription), the period indicated in paragraph 1 runs from the taking possession of the first item.

5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.

6. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's email address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted using a form, the template of which is attached as Annex 1 to these Regulations and as an annex to the Consumer Rights Act of May 30, 2014; however, this is not mandatory.

7. If the Consumer sends the statement electronically, the Seller will promptly send the Consumer confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.

8. Effects of withdrawal from the Agreement:

a. In the case of withdrawal from a distance contract, the Agreement is considered not concluded.

b. In the case of withdrawal from the Agreement, the Seller shall promptly, but no later than 14 days from the day of receiving the Consumer's withdrawal statement, refund all payments made by the Consumer, including the costs of delivering the goods, except for any additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.

c. The Seller will make the refund using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for him.

d. The Seller may withhold the refund until he receives the Product or until he receives proof of its return, depending on which event occurs first.

e. The Consumer should return the Product to the address provided by the Seller in these Regulations no later than 14 days from the day he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the 14-day period expires.

f. The Consumer bears the direct costs of returning the Product, including the return costs if, due to its nature, the Product could not be returned by regular mail.

g. The Consumer is only liable for any diminished value of the Product resulting from use of the Product in a manner other than what was necessary to ascertain its nature, characteristics, and functioning.

9. In cases where, due to the nature of the Product, it cannot be returned by regular mail, information about this and the costs of returning the Product will be found in the Product description in the Store.

10. The right to withdraw from a distance Agreement does not apply to the Consumer in relation to the Agreement:

a. Where the subject of the performance is a non-prefabricated item made according to the Consumer's specifications or serving to meet his individualized needs.

b. Where the subject of the performance is a good delivered in a sealed package that cannot be returned after opening for health protection or hygiene reasons, if the package was opened after delivery.

c. Where the subject of the performance is a perishable item or has a short shelf life.

d. For the provision of services if the Seller has fully performed the service with the Consumer's explicit consent, who was informed before the performance began that upon completion of the Seller's performance, he would lose the right to withdraw from the Agreement.

e. Where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control and may occur before the withdrawal period expires.

f. Where the subject of the performance is items that, due to their nature, are inseparably combined with other items after delivery.

g. Where the subject of the performance is alcoholic beverages whose price was agreed upon when the sales contract was concluded, and the delivery may only occur after 30 days and whose value depends on fluctuations in the market that the Seller cannot control.

h. Where the subject of the performance is sound or video recordings or computer programs delivered in a sealed package, if the package was opened after delivery.

i. For the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements.

j. For the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the Consumer's explicit consent before the withdrawal period has expired and after the Consumer has been informed by the Seller of the loss of the right to withdraw from the Agreement.

§ 11 Complaints and Warranty

1. The Sales Agreement covers both new and used Products. The condition of each used Product is described in detail on the Store's pages.

2. The Seller is obliged to deliver to the Customer goods free from defects.

3. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.

4. The complaint should be submitted in writing or electronically to the addresses provided in these Regulations or using the electronic complaint form made available by the Seller on one of the Store's subpages.

5. It is recommended that the complaint includes, among other things, a concise description of the defect, circumstances (including the date) of its occurrence, the Customer's data submitting the complaint, and the Customer's demands regarding the defect of the goods.

6. The Seller will respond to the complaint request promptly, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, the request is considered justified.

7. Goods returned as part of the complaint procedure should be sent to: Lamiro s.c. 05-205 Lipka, Szosa Jadowska 22 St., Poland

8. If the Product is covered by a warranty, information about it and its content will be included in the Product description in the Store.

§ 12 Out-of-Court Methods of Complaint Handling and Claim Enforcement

1. Detailed information on the Consumer's ability to use out-of-court methods for complaint handling and claim enforcement, as well as the rules for accessing these procedures, is available at the offices and websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Trade Inspection, as well as at the following website of the Office of Competition and Consumer Protection:
https://konsument.gov.pl/en/ecc-in-europe/

2. The Consumer has the following exemplary options for using out-of-court methods for complaint handling and claim enforcement:

a. The Consumer is entitled to refer the case to a permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.

b. The Consumer is entitled to refer the case to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of the dispute between the Consumer and the Seller.

c. The Consumer may obtain free assistance in resolving disputes between themselves and the Seller by also using the free assistance of the county (municipal) consumer advocate or social organizations whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers).

§ 13 Personal Data in the Online Store

1. The administrator of personal data of Customers collected through the Online Store is the Seller.

2. Personal data of Customers collected by the administrator through the Online Store is gathered for the purpose of fulfilling the Sales Agreement, and if the Customer consents to it - also for marketing purposes.

3. Recipients of the personal data of Customers of the Online Store may include:

a. In the case of a Customer who uses the postal or courier delivery method in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary carrying out the shipments on behalf of the Administrator.

b. In the case of a Customer who uses electronic payment methods or credit cards in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling these payments in the Online Store.

4. The Customer has the right to access the content of their data and to correct it.

5. Providing personal data is voluntary; however, failure to provide the personal data indicated in the Regulations that are necessary to conclude the Sales Agreement will result in the inability to conclude that agreement.

§ 14 Final Provisions

1. Agreements concluded through the Online Store are made in Polish and English.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any changes at least 7 days in advance.

3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Act on Consumer Rights; the Act on Personal Data Protection.

4. The Customer has the right to use out-of-court methods for handling complaints and enforcing claims. For this purpose, they can file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.