Full Terms & Conditions - ENGLISH
Terms and conditions
- 1 – Definitions
- The terms used herein shall mean:
- Terms and conditions – this document defining the rules of sale and the conditions for the provision of free services.
- Online store website / Online Store / Store – a website under the domain liebers.studio through which the Seller conducts online sales and provides free services.
- Seller – Liebers Studio sp. z o.o. with its registered office in Rzeszów at Reformacka 6, 35-026 Rzeszów, entered by the District Court in Rzeszów XII Commercial Division of the National Court Register into the register of entrepreneurs under KRS number: 0000939237, having a NIP number: 8133871181, REGON: 520683485 , share capital 5,000.00, owning the store.
- Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
- Entrepreneur with consumer rights – a natural person concluding a contract with an entrepreneur directly related to his business activity, the content of which shows that he does not have a professional character for that person.
- Customer – a natural or legal person, including a Consumer or Entrepreneur with consumer rights, who uses the Online Store website, including the one who makes a purchase via the Online Store website on the terms set out in these Terms and Conditions.
- Agreement – means a distance sales agreement concluded between the Customer and the Store, under the conditions specified in the Terms and conditions, regarding the goods offered in the Online Store.
- Working day – any day from Monday to Friday excluding public holidays.
- 2 – Technical requirements
- Using the Store requires access to a device connected to the Internet, an installed and updated version of the Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari web browser with JavaScript and Cookies enabled, and an active e-mail account (e-mail).
- The store uses cookies, i.e. small text files stored by the web browser on the user's device m.in. for statistical analysis of traffic, adjusting the appearance and content of the website to the individual needs of the user. Changes in the scope of cookie settings can be made in the browser.
- Customers can use technical support in case of problems regarding the functioning of the Website by electronic means by sending an inquiry to the following address: [•].
- 3 – Intellectual property
- Materials on the Website of the Online Store, including primarily photos, texts, including descriptions of goods, are subject to copyright protection. Their use is possible only with the prior consent of the authorized entity.
- 4 – Placing orders and their implementation
- The information contained on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude the Agreement.
- Orders in the Online Store can be placed 7 (seven) days a week, 24 hours a day.
- The sale of goods in the Online Store takes place in the following currencies: USD.
- The prices given in the purchasing process are gross prices, i.e. they include VAT. The price of the ordered goods is added to the shipping cost depending on the selected delivery method, which is indicated in the ordering process and added to the price of the goods at the end of the order. The method of delivery and prices are indicated in paragraph 11 of this paragraph. In the case of delivery to a country outside the European Union, it may be necessary for Customers to pay customs duties.
- Orders are carried out, as a rule, in the territory of the Republic of Poland and other european Union countries, and in the scope of countries outside the European Union to the countries indicated on the website- such as United States of America
- The esential condition to complete the order is to correctly fill in the order form available after adding the product to the basket and moving on to the order processing. The form indicates the data which are necessary to complete the order.
- The Customer places an order by adding goods to the basket by selecting the quantity of the ordered goods and other characteristics of the goods, including e.g. size or color.
- After adding goods to the basket, the Customer has the option of verifying the goods added to the basket, including their removal.
- After adding the goods to the basket and its verification, the Customer can return to making further purchases or go to checkout by clicking on the appropriate buttons.
- After moving to checkout, the Customer is redirected to a screen where he can fill out the order form.
- The Customer goes to indicate the address to which the goods should be delivered. The Customer chooses the delivery method while learning about the delivery costs. Available delivery methods and their prices are: on the territory of Poland - DPD 3-day delivery for orders ready to ship. Europe DPD expedited shipment or UPS/DHL. USA- UPS expedited shipment.
- If you order several items, the shipping cost is calculated as for the order of one item.
- In the next window , the Customer has the option of entering data on the method of payment. The Customer is not able to pay in cash on delivery. The customer can pay via: Apple Pay, Card payment.The Customer is obliged to settle the amount due for the order directly in the process of placing orders in the manner specified in point 13 of this paragraph.
- After choosing the method of payment and informing the Customer about the total gross amount of the order, including the price for the goods and delivery costs, the Customer places the order by clicking on the button with the words "Pay now”
- Before placing an order, the Customer is obliged to confirm – by checking the appropriate checkbox – that he has read the Terms and Conditions and accepts the provisions contained therein. The Customer has the option of downloading the Terms and Conditions and saving them on his computer.
- The correct completion of purchase forms is confirmed by a screen containing a summary of the order along with information about the order number.
- Sending the Seller an order constitutes submitting an offer to conclude the Agreement.
- After receiving the order, the Seller immediately sends the Customer a confirmation of its submission to the e-mail indicated by the Customer.
- Next, the Seller sends the Customer an email with information about accepting the order for execution. Information on the acceptance of the order for execution is the Seller's statement on the acceptance of the Customer's offer and upon its receipt by the Customer, the Agreement is concluded.
- The Customer will be informed about the status of the accepted order via a message sent to the e-mail address provided by the Customer.
- The delivery time on the territory of the Republic of Poland is from 1 working days from the moment the payment is credited to the Seller's account, i.e. the order is prepared for shipment within 3 working day, and most courier shipments in the Republic of Poland are delivered the next day after the parcel is handed over to the courier. In some cases, the delivery time may be extended to seven days. The maximum delivery time is up to 14 working days. In the case of a longer delivery period, the Customer will be informed about this fact by the Seller.
- In the event of inability to execute the order due to, for example, unavailability of goods or other problems with its implementation, the Seller will contact the Customer to determine the method and time of order execution or possible withdrawal from the order.
- The Customer, before collecting the parcel from the courier, should check whether the packaging in which the purchased goods were delivered has not been damaged in transport. In the event that the packaging of the shipment bears signs of damage, the Customer has the right to draw up a protocol in the presence of the courier and should immediately contact the Online Store.
- For each order, accounting documents are issued, which will be delivered to the Customer, unless the law allows the document to be delivered electronically. In a situation where the Store, on the basis of relevant regulations, will not be obliged to issue an accounting document, the Customer will receive a confirmation of purchase of the goods.
- 5 – Withdrawal from the Agreement – returns
- Within 14 days from the date of receipt of the order, the Consumer or Entrepreneur with the rights of a consumer who concluded the Agreement may withdraw from it without giving reasons, submitting an appropriate statement, with the proviso that the services and products are not refundable, for purchase of which, in accordance with applicable law, they cannot be withdrawn, pursuant to the Act of 30.05.2014 on consumer rights (Journal of Laws of 2014 No. 827), including, for example, when the subject of the contract is a non-prefabricated item, manufactured according to the specifications of the Customer or Entrepreneur on the rights of a consumer or serving to satisfy his individual needs.
- In order to comply with the 14-day period referred to in paragraph 1 above, it is sufficient to send a statement of withdrawal from the contract before the expiry of this period to the following address: LIEBERS STUDIO Sp.zo.o at Reformacka 6, 35-026 Rzeszów, or a scan of the statement to the e-mail address: info@liebers.studio. The return procedure will be significantly accelerated if the declaration of withdrawal is sent together with the goods to which it relates.
- In the event of withdrawal by the Consumer or Entrepreneur on the rights of a consumer from the Agreement, the Agreement is considered void.
- The Consumer or Entrepreneur with the rights of a consumer is obliged to return to the Seller the goods covered by the Agreement to which the statement of withdrawal relates, immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the contract. The returned goods should be sent to the following address: Liebers Studio Returns Szówsko, Kościelna 2 Street,37-522 Wiązownica. To meet the deadline, it is enough to send back the goods before its expiry. The return procedure will be significantly accelerated if the goods are sent together with a statement of withdrawal from the contract, due to the circumstance indicated in paragraph 8 below regarding the possibility for the Seller to withhold a refund of the amount in the cases specified in this paragraph.
- The Consumer or Entrepreneur with the rights of a consumer bears the direct costs of returning the goods.
- The Consumer or Entrepreneur with the rights of a consumer is responsible for the reduction in the value of the goods resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
- Immediately, but not later than 14 days from the date of receipt of the statement of withdrawal from the Agreement, with the proviso that the refund of payment may be suspended until the goods are received by the Seller or until the Consumer or Entrepreneur provides proof of its return to the Seller, depending on which event occurs earlier, the Seller returns the Consumer or Entrepreneur on the rights of a consumer all payments received from the Consumer or Entrepreneur on the rights of a consumer , including, subject to paragraph 9 below, the costs of delivering the item to the Consumer or Entrepreneur on consumer rights.
- If the Consumer or Entrepreneur with the rights of a consumer has chosen a method of delivery of the order other than the cheapest ordinary method of delivery offered by the Seller then, in the event of withdrawal from the Agreement, the Seller is not obliged to return to the Consumer or Entrepreneur on the rights of the consumer the additional costs incurred by him.
- The refund of the payment is made using the same method of payment as used by the Consumer or Entrepreneur on the rights of a consumer, unless the Consumer or Entrepreneur on the rights of a consumer agrees to another method of return, which does not involve any costs for him.
- 6 – Complaints
- The Seller is obliged to provide the Customer with goods free of physical and legal defects. The Seller is liable to the Customer if the goods have a physical or legal defect (warranty).
- In the event that the Goods have a defect, the Customer may:
- submit a statement on price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the goods with goods free from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with one free from defects or to remove the defect. If the Customer is a Consumer or Entrepreneur with consumer rights, he may, instead of removing the defect proposed by the Seller, demand the replacement of the item with one free from defects or instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another way of satisfying are taken into account.
- demand the replacement of defective goods with goods free from defects or removal of the defect. The Seller is obliged to replace the defective goods with goods free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective goods into conformity with the Agreement in the manner chosen by the Customer is impossible or in comparison with the second possible way of bringing into conformity with the Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
- Complaints under the warranty should be submitted within the statutory deadlines to the following e-mail address: [•]. In order to improve the complaint procedure, photos of defective goods should be attached to the complaint notification made by e-mail, and in the case of shipment of the complained goods, in accordance with paragraph 8 of this paragraph, it should be delivered together with the proof of purchase and a printed and completed complaint application (containing an indication of the person submitting the complaint, a request to settle the complaint and an indication of the defect of the goods, reasons for the complaint). In order to submit a complaint, the Customer may use the complaint form.
- In the event that the data or information provided in the complaint application will need to be supplemented, before considering the complaint, the Seller asks the complainant to supplement them in the indicated scope.
- The Seller shall respond to the request within 14 (fourteen) days from the date of the Customer's complaint request. If the Seller does not respond to the Customer's requests within these 14 days, it means that he considered the requests to be justified.
- The Seller shall notify the Customer about the consideration of the complaint and its result in a message sent to the e-mail or correspondence address provided by the Customer in the complaint.
- In each case, when the fulfillment of the Customer's requests involves the delivery of a new or repaired product, the delivery costs shall be borne by the Seller.
- The customer who exercises the right under the warranty is obliged to deliver the defective goods to the seller's address. The costs of delivery of defective goods by the Consumer Customer or Entrepreneur with consumer rights shall be borne by the Seller.
- The complaint procedure applies respectively to services provided electronically by the Seller. A complaint for services can also be submitted to the Store's e-mail address: [•].
- 7 – Newsletter
- The Customer may agree to provide his e-mail address also in order to use it by the Seller to send the Customer commercial information (hereinafter: "Newsletter") regarding the seller's activities, including the Seller's goods.
- The conclusion of the contract for the provision of the newsletter service takes place when the Customer confirms the subscription to the newsletter, via the link in the e-mail received by the Customer after providing his e-mail in the appropriate place on the Website of the online store.
- A message sent by e-mail as part of the newsletter service includes:
- data of the Seller as the sender of the newsletter,
- indication of the subject defining the content of the newsletter,
- commercial information,
- information on how to unsubscribe from receiving the newsletter.
- The newsletter service will be provided for an indefinite period. The Customer may at any time resign from receiving the newsletter by sending an e-mail with information about the resignation from the newsletter to the following address:info@liebers.studio or by clicking on a specially marked link under the newsletter message.
- 8 – Final provisions
- These Terms and conditions are part of the content of the concluded Agreement, and its content may be recorded by printing, saving on a carrier or downloading from the Website of the Online Store.
- The Seller reserves the right to make changes to these Terms and Conditions in the event of a change in the law or to improve the operation of the website, as well as to improve the protection of Customers' privacy and prevent abuse. The Seller will inform customers subscribed to the newsletter about the change in the Terms and conditions by means of a message sent electronically containing a link to the text of the new Terms nad conditions. Orders placed before the entry into force of amendments to the Terms and conditions are carried out in accordance with the current content of the Terms and conditions.
- These Terms and conditions have been drawn up on the basis of the provisions of Polish law. In matters not covered by these Terms and conditions, the provisions of Polish law shall apply, including the Civil Code, the Act on Consumer Rights or other acts applicable to the operation and functioning of the online store in force in the Republic of Poland.
- In the scope of Agreements concluded between the Seller and Customers who are not Consumers or Entrepreneurs with consumer rights, the Seller shall be liable only in the event of intentional damage and within the limits of the losses actually incurred by the Customer who is not a Consumer or Entrepreneur on consumer rights.
- Any disputes related to the services provided by the Online Store will be settled by common courts and the applicable law is Polish law. The customer who is a Konsument has the opportunity to use the out-of-court method of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection. and at 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.
It is also possible to use the online platform for the system of dispute resolution between consumers and entrepreneurs at EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr
- The provisions of the Terms and conditions do not exclude the possibility for Customers to invoke mandatory legal provisions regulating the protection of consumer or entrepreneur rights on consumer rights, including those in force in the country in which the Consumer has his place of residence and the provisions in force there are more favorable for the Consumer than the provisions of Polish law.