Terms & Conditions

 Piumo Online Shop Terms and Conditions

specifying the rules of sales carried out via the shop.

 

Section 1 Definitions

  1. Business days – Monday through Friday with the exception of public holidays in Poland.
  2. Consumer – an individual who is a consumer within the meaning of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
  3. User account – a free-of-charge feature (service) of the shop allowing the Buyer to set up an individual user account in the Shop, regulated by separate terms and conditions available in the Shop.
  4. Buyer – every entity placing an Order in the Shop.
  5. Terms and Conditions – these Terms and Conditions.
  6. Shop – online shop maintained by the Seller under: www.piumo.pl
  7. Seller – LOMAN Spółka z ograniczoną odpowiedzialnością,entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court in Bielsk-Biała, 8th Economic Division of the National Court Register under KRS number: 0000290682 , NIP (tax identification number) 5472078236, REGON (National Official Business Register number) 24075701300000, with a share capital of PLN 50,000.00 and its registered seat in Bielsko-Biała, ul. Wapienicka 20 (43-382).

 

Section 2 Contact details

  1. Postal address: LOMAN Sp. z o.o., Wapienicka 20, 43-382 Bielsko-Biała.
  2. Email address: anna@loman.pl
  3. Phone: +48 33 812 62 94
  4. The Seller informs that the basic tariff of the telecommunications operator used by the Buyer applies to such phone calls. The seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer’s operator.

 

Section 3 Placing Orders

  1. In order to conclude a sales agreement with the Seller through the Shop, the Buyer should first add the product to the cart and, if applicable, specify its parameters (e.g. size).
  2. Then the Buyer enters his/her details (including the address where the order should be shipped to), selects the delivery method and the payment method.
  3. Upon the Buyer’s confirmation of the order and acceptance of the Terms and Conditions, a sales contract is concluded.
  4. The Buyer may set up a User Account in the Shop, however it is not required for placing an order.

Section 4 Cost of the Order

  1. The prices indicated in the Shop are gross prices, i.e. they include VAT.
  2. The total price of the order consists of the price for the product and the cost of delivery of the product. They are visible in the Shop upon placing the order.
  3. In the event the order involves additional fees other than those specified in subs. 1, which are applicable to Buyers outside Poland, such information will appear upon placing the order in the Shop.

 

Section 5 Payments

  1. Upon placing an order, the Buyer can select one of the following payment methods available in the Shop:
    1. via the […] payment platform,
    2. via a bank transfer to the Seller’s bank account number
    3. cash on delivery.
    4. In the case the Buyer selected a payment method referred to in subs. 1 a) and b), the order must be paid for within … business days from the day of conclusion of the sales contract.

Section 6 Fulfilling Orders

  1. The products purchased in the Shop can be delivered via:
    1. a courier company or
    2. the Polish Post.
  2. The maximum order processing time is 30 days, however the Seller strives to make sure that the orders are fulfilled in the shortest time possible.
  3. The order processing time is counted from the day of concluding the sales contract, subject to subs. 5.
  4. In the case the order is made up of several products, the processing time for the entire order is the same time as the processing time indicated for the product with the longest order processing time.
  5. In the case the Buyer opted for payment in advance, order fulfilment commences after the Seller has received payment for the purchased products.
  6. The countries to which products purchased in the Shop can be delivered are indicated in the Shop.
  7. The Seller is obliged to deliver the goods without any defects.

 

Section 7 Withdrawal from the contract

Consumer rights

 

  1. A Consumer has the right to withdraw from the sales contract, subject to section 8 subs. 1 of the Terms and Conditions, within 14 days, without giving any reason.
  2. The time limit for withdrawal from the contract ends after the lapse of 14 days, counting from the day:
  3. on which the Consumer acquired physical possession of the goods or on which a third party other than the carrier and indicated by the Consumer acquired physical possession of that good;
  4. on which the Consumer acquired physical possession of the last good or on which a third party other than the carrier and indicated by the Consumer acquired physical possession of the last good in the case of a contract on the transfer of ownership to many things which are delivered separately.
  5. For a Consumer to be able to exercise the right of withdrawal from the sales contract, he/she must notify the Seller by using the data specified in section 2 of the Terms and Conditions about the withdrawal from the sales contract by an unequivocal declaration (e.g. a letter sent by post or information sent via electronic mail).
  6. The Consumer can also make use of the withdrawal form template placed at the end of the Sales Terms and Conditions, however it is not mandatory.
  7. In order to observe the time limit for withdrawal from the contract, it is sufficient when the Consumer sends information about exercising his/her right of withdrawal from the contract prior to the lapse of the withdrawal time limit.
  8. In the event of withdrawal from the sales contract, the Seller returns all the payments received from the Consumer back to the Consumer, including the cost of delivery of the goods (with the exception of additional costs arising from the method of delivery selected by the Consumer other than the cheapest regular delivery method offered by the Seller) immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer’s decision to exercise the right of withdrawal from the sales contract.
  9. The payments will be returned with the same payment methods as the ones used by the Consumer in the original transaction, unless the Consumer agrees on another solution. In any case, the Consumer will not incur any fees in connection with the return.
  10. The Seller can withhold a return of the payment until having received the good or a proof of its return, whichever occurs earlier.
  11. The Seller asks that the goods be returned to the following address: LOMAN Sp. z o.o., Wapienicka 20, 43-382 Bielsko-Biała immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer’s decision to withdraw from the sales contract. This deadline is deemed to have been met if the Consumer sends the product back before the lapse of 14 days.
  12. The Consumer bears the direct costs of returning the goods.
  13. If, given their nature (e.g. the size), the product cannot be sent by regular mail, the Consumer will also have to bear the direct costs of returning the product. Those costs are estimated to amount to:

– approx. PLN 12 in the case of goods weighing up to 1 kg.

– approx. PLN 15 in the case of goods weighing up to 2 kg.

  1. The Consumer is responsible only for the reduction in the value of the goods resulting from using them in a manner other than necessary to establish their nature, characteristics and functioning.

 

Section 8 Withdrawal from the contract – exclusion

 

  1. The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
  2. where the subject of the service is a non-prefabricated good made to the Consumer’s specifications or used to meet his or her clearly personalised needs,
  3. where the subject of the service is a sealed good which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery,
  4. where the subject of the service are goods which are, after delivery, according to their nature, inseparably mixed with other items;
  5. where the subject of the service are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

 

Section 9 Complaints

  1. If a good contains a defect, the Buyer has the right to submit a complaint regarding the defected good based on the warranty regulated by the Civil Code, subject to subs. 3 and 4 in relation to a Trader.
  2. If a good contains a defect, the Buyer can take the following measures on the rules and within the time limits laid down in the Civil Code:
    1. request a price reduction,
    2. in the case of a material defect – make a statement of withdrawal from the contract,
    3. demand an exchange of the good for a good free from defects.
    4. demand that the defect be removed.
  3. In relation to a Trader, the Seller is liable under a warranty if the product defect is identified before the end of one year from the handover of the item to the Trader.
  4. A Trader may:
  5. in the case of a material defect – make a statement of withdrawal from the contract,
  6. demand an exchange of the good for a good free from defects.
  7. The Seller asks that claims based on the warranty be submitted in electronic form to anna@loman.pl or in writing to the address indicated in section 2 of the Terms and Conditions.
  8. In order to allow for the examination of a claim based on warranty, if necessary, the Buyer is obliged to deliver the defected good to ul. Wapienicka 20, 43-382 Bielsko-Biała; if the Buyer is a Consumer, the delivery costs are borne by the Seller.
  9. The Seller recommends that the complaint notification should include the following information: data identifying the Buyer, a brief description of the defect, the moment of its identification and the Buyer’s demand regarding the claim.
  10. All Seller’s recommendations specified in these Terms and Conditions constitute solely non-binding guidelines for the Consumer which the Consumer may, but does not have to, follow. The Consumer’s failure to follow the Seller’s recommendations in no way affects the Consumer’s rights, in particular the rights related to the warranty.
  11. Complaints concerning the operation of the Store should be reported electronically to anna@loman.pl.
  12. The Seller will respond to the complaint within 14 days from receiving the complaint.

Section 10 Out-of-court complaint and redress mechanism

  1. A Consumer may use the following options:
    1. free-of-charge (as a rule) mediation conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The list of Inspectors is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq595
    2. free-of-charge (as a rule) assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596
    3. The ODR online platform for disputes associated with either national and cross-border contracts, available at: http://ec.europa.eu/consumers/odr/
  2. In the case of cross-border cases within the European Union, free-of-charge consumer assistance is also provided by European Consumer Centres which inform consumers about their rights and help solve individual problems related to cross-border agreements. A list of the Centres can be found at:
    http://www.konsument.gov.pl/pl/eck-w-europie.html

 

Section 11 Personal data

  1. The Seller is the administrator of personal data of Buyers provided to the Seller in the course of using the Shop.
  2. By placing an Order, including by setting up a User account, the Buyer submits his or her personal data voluntarily. However, submitting one’s personal data is necessary for the fulfilment of an order and rendering the said service (User account) by the Seller. The personal data submitted by the Buyer are processed by the Seller only

for the purposes referred to in this subsection, unless the the Buyer specifically consents to the processing of his/her data for other purposes as well.

  1. The Buyer has the right to review the personal data which concerns him/her and to demand their amendment.
  2. The personal data provided by the Buyer will be processed by the Seller only for the purposes referred to in this section.

 

Section 12 Technical Requirements

  1. In order to use the Shop it is necessary to have a device with an installed browser which ensures proper support of JavaScript and cookies and is connected to the Internet, and for making purchases it is also necessary to have an active email account.

 

Section 13 Final provisions

  1. A sales contract concluded on the basis hereof regards a specific one-time order – it is concluded for the purpose of and the period of its fulfilment. Every order requires separate acceptance of the Terms and Conditions.
  2. Regardless of the rights referred to in section 7 hereof, each Party of the contract has the right to withdraw from the contract in the event of default of the other party in the performance of the obligation specified in the sales contract without the need to set out an additional time limit. This stipulation does not limit the Consumer’s rights resulting from the provisions of law.
  3. Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered office.
  4. Contracts concluded in connection with the Shop are concluded in Polish, German or English, depending on the Buyer’s choice.
  5. The Buyer is forbidden to provide content of illegal nature.

 

What follows is a template withdrawal form from the contract which the Consumer is free to use:

TEMPLATE OF A DECLARATION ON WITHDRAWAL FROM THE CONTRACT

(this form should be filled in and sent only in the event one wishes to withdraw from the Agreement)

 

–  LOMAN Sp. z o.o., ul. Wapienicka 20, 43-382 Bielsko-Biała, anna@loman.pl.

– I/We*) hereby wish to inform you (*) about my/our withdrawal from the agreement on the sale of the following things(*) agreement on the supply of the following things(*) specific task consisting in the preparation of the following things(*)/agreement on the provision of the following service(*)

– Date on which the agreement was concluded(*)/date of receipt(*):

– Name and surname of the consumer(s):

– Address of the consumer(s):

– Signature of the consumer(s) (only if the declaration is sent in paper form)

– Date

(*) Delete as appropriate.