AVA Cream and Pink Shirt
74.07 € z VAT
ONLINE STORE TERMS AND CONDITIONS
SEMPREWITHLOVE.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DEADLINE OF DELIVERY AND PRODUCT COLLECTION
6. PRODUCT COMPLAINTS (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
7. UNCOLLECTED SHIPMENTS (RIGHT TO WITHDRAW FROM THE AGREEMENT)
8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
9. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
10. PROVISIONS CONCERNING ENTREPRENEURS
11. PERSONAL DATA IN THE ONLINE STORE
12. “SEMPRE SOCIETY CLUB” LOYALTY PROGRAM
13. FINAL PROVISIONS1
The www.semprewithlove.pl Online Store cares about consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and must be applied.
1.1. The Online Store available at www.semprewithlove.pl is operated by Jolanta Starczyk and Robert Starczyk, conducting business under the company name Selini.s.c. Jolanta, Robert Starczyk, ul. Hubala 86, 97-500 Radomsko, Tax ID No. 772 240 23 49, entered in the Central Register and Information on Business of the Republic of Poland kept by the minister competent for economy, with the address of the place of business and address for service:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Email address: sklep@semprewithlove.pl
Tel.: +48 883 837 558
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store (except for section 9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, within the scope, and on the bases and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains, in particular, rules concerning the processing of personal data by the Administrator in the Online Store, including the bases, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).
1.4. Definitions:
1.1.1. BUSINESS DAY – one day from Monday to Friday, excluding statutory public holidays.
1.1.2. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.
1.1.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that enables placing an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.1.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.1.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive from the Service Provider recurring content of subsequent newsletter editions containing information about Products, new arrivals and promotions in the Online Store.
1.1.8. PRODUCT – clothing available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.1.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.1.10. ONLINE STORE – the Service Provider’s online store available at: www.semprewithlove.pl
1.1.11. SELLER; SERVICE PROVIDER – Jolanta Starczyk and Robert Starczyk, conducting business under the company name Selini.s.c. Jolanta Starczyk, Robert Starczyk, entered in the Central Register and Information on Business of the Republic of Poland kept by the minister competent for economy, with the address of the place of business and address for service:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Email address: sklep@semprewithlove.pl
Tel.: +48 883 837 558
1.1.12. SALES AGREEMENT – a Product sales agreement concluded or to be concluded between the Customer and the Seller through the Online Store.
1.1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
1.1.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity; – using or intending to use an Electronic Service.
1.1.15. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended)
1.1.16. ORDER – the Customer’s declaration of intent submitted using the Order Form and directly aimed at concluding a Product Sales Agreement with the Seller.
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
1.1.17. Account – using the Account is possible after the Service Recipient completes three consecutive steps – (1) completing the Registration Form, (2) clicking the “Create account” field and (3) confirming the wish to create an Account by clicking the confirmation link sent automatically to the provided email address. In the Registration Form, the Service Recipient must provide the following Service Recipient data: first and last name/company name, address (street, house/apartment number, postal code, city/town, country), email address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and Tax ID number.
1.1.17.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by email to: sklep@semprewithlove.pl or in writing to:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel.: +48 883 837 558
1.1.18. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) after completing the Order Form and (2) after clicking, on the Online Store website after completing the Order Form, the “Order with obligation to pay” field – until that moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following Customer data: first and last name/company name, address (street, house/apartment number, postal code, city/town, country), email address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax ID number.
1.1.18.1. The Order Form Electronic Service is provided free of charge and is one-time in nature; it ends when the Order is placed through it or when the Service Recipient stops placing the Order through it earlier.
1.1.19. Newsletter – using the Newsletter takes place after providing, in the “Newsletter” tab visible on the Online Store website, the email address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. You may also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account – at the moment the Account is created, the Service Recipient is subscribed to the Newsletter.
1.1.19.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by email to: sklep@semprewithlove.pl or in writing to:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling Cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, bearing in mind respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure:
1.1.20. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure indicated in sections 6 and 7 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
1.1.21. in writing to:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel.: +48 883 837 558
1.1.22. electronically by email to: sklep@semprewithlove.pl
1.1.23. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient’s request; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements stated in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
1.1.24. The Service Provider responds to the complaint promptly, no later than within 14 calendar days from the date of its submission.
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer first places an Order using the Order Form in the Online Store in accordance with section
2.1.2 of the Terms and Conditions.
3.2. The Product price displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed on the Online Store pages during the Order process, including at the moment the Customer expresses the will to be bound by the Sales Agreement, about the total price including taxes of the Product that is the subject of the Order, as well as delivery costs (including transport, delivery and postal service fees) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
1.1.25. The Sales Agreement between the Customer and the Seller is concluded after the Customer first places an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
1.1.26. After the Order is placed, the Seller promptly confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate email to the Customer’s email address provided during the Order process, which includes at least the Seller’s statements on receipt of the Order and its acceptance for processing, and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The recording, securing and making available to the Customer of the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
3.5. Promotions and discount codes cannot be combined unless expressly stated otherwise. Orders violating this point may be canceled.
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
1.1.27. Cash on delivery upon receipt of the shipment.
1.1.28. Cash payment upon personal collection.
1.1.29. Payment by bank transfer to the Seller’s bank account.
1.1.29.1. Bank: PKO Bank Polski
1.1.29.2. Account number:
27 1020 3958 0000 9602 0169 5956
EUR account number at PKO Bank Polski
PL59 1020 4900 0000 8902 3058 8909
BIC (Swift) code: BPKOPLPW
Selini s.c. Jolanta Starczyk, Robert Starczyk
ul. Hubala 86
97-500 Radomsko
nip 7722402349
1.1.30. Electronic payments and payment card payments through PayU.pl – the currently available payment methods are specified on the Online Store website in the “Payment methods” tab and on the website http://www.payu.pl.
1.1.30.1. Electronic payment and payment card transaction settlements are carried out, according to the Customer’s choice, through PayU.pl. Electronic payment and payment card processing is handled by:
1.1.30.1.1. PayU.pl – PayU S.A., with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 4,000,000 fully paid, NIP: 779-23-08-495.
4.2. Payment deadline:
1.1.31. If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
1.1.32. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make payment upon receipt of the shipment.
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal service fees) are indicated to the Customer on the Online Store pages in the “Delivery costs” tab and during the Order process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
1.1.33. Postal shipment, cash-on-delivery postal shipment.
1.1.34. Courier shipment, cash-on-delivery courier shipment.
5.4. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the given Product or during the Order process. In the case of Products with different delivery times, the delivery time is the longest stated period, which, however, may not exceed 7 Business Days. The start of the delivery period of the Product to the Customer is calculated as follows:
1.1.35. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited.
1.1.36. If the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement.
5.5. Product readiness for collection by the Customer – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to 2 Business Days, unless a shorter period is specified in the description of the given Product or during the Order process. In the case of Products with different readiness-for-collection times, the readiness time is the longest stated period, which, however, may not exceed 2 Business Days. The Customer will additionally be informed by the Seller about the Product’s readiness for collection by an appropriate email sent to the Customer’s email address provided during the Order process. The start of the Product readiness-for-collection period is calculated as follows:
1.1.37. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited.
6.1. The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty) are defined by generally applicable provisions of law, in particular in the Civil Code (especially Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver a Product without defects to the Customer. Detailed information concerning the Seller’s liability for Product defects and the Customer’s rights is specified on the Online Store website in the “Product complaint” tab.
6.3. A complaint may be submitted by the Customer, for example:
1.1.38. in writing to:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel.: +48 883 837 558
1.1.39. electronically by email to: sklep@semprewithlove.pl
6.4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint by the Seller. The requirements stated in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer requested replacement of the item or removal of the defect, or submitted a statement on price reduction specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, the request is deemed justified.
6.6. A Customer exercising statutory warranty rights is obliged to deliver the defective Product to: sklep@semprewithlove.pl. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the delivery cost is borne by the Customer. If, due to the type of Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7.1. A Customer who does not collect a shipment sent by the Seller and the shipment is returned to the Seller for reasons attributable to the Customer fails to perform the sales agreement.
7.2. Failure to collect a shipment is not equivalent to withdrawal from the agreement under consumer law.
7.3. In such a situation, the Seller may reduce the refund amount by the incurred shipping costs (to the Customer and return shipment) and refund the Customer only the value of the goods.
8.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, and the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
8.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose task includes providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
8.3. The consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place where the Seller conducts business); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumers Association). Advice is provided, among other ways, by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline open on Business Days from 8:00 to 18:00, call charge according to the operator’s tariff).
8.4. At http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
9.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section
9.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before it expires. A statement of withdrawal from the agreement may be submitted, for example:
1.1.40. in writing to:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Tel.: +48 883 837 558
1.1.41. electronically by email to: sklep@semprewithlove.pl
9.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Store website in the “Withdrawal from the agreement” tab. The consumer may use the form template, but this is not obligatory.
9.3. The withdrawal period begins:
1.1.42. for an agreement under which the Seller delivers a Product and is obliged to transfer its ownership (e.g. Sales Agreement) – from the moment the Product is taken into possession by the consumer or by a third party indicated by the consumer other than the carrier, and in the case of an agreement that: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first Product;
1.1.43. for other agreements – from the date of conclusion of the agreement.
9.4. In the event of withdrawal from a distance contract, the agreement is considered not concluded.
9.5. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receiving the consumer’s statement of withdrawal from the agreement, refund the consumer all payments made by them, including the costs of Product delivery (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store). The Seller refunds payments using the same payment method used by the consumer, unless the consumer has expressly agreed to another refund method that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Product is received back or until the consumer provides proof of sending it back, whichever occurs first.
9.6. The consumer is obliged to promptly, no later than within 14 calendar days from the date on which they withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before it expires. The consumer may return the Product to:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Email address: sklep@semprewithlove.pl
Tel.: +48 883 837 558
9.7. The consumer is liable for any reduction in the value of the Product resulting from using it in a manner beyond what is necessary to determine the nature, characteristics and functioning of the Product.
9.8. Possible costs related to the consumer’s withdrawal from the agreement that the consumer is obliged to bear:
1.1.44. If the consumer chose a Product delivery method other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the consumer the additional costs incurred by them.
1.1.45. The consumer bears the direct costs of returning the Product.
1.1.46. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the withdrawal period expired, the consumer who exercises the right to withdraw from the agreement after making such a request is obliged to pay for the services performed up to the moment of withdrawal from the agreement. The amount payable is calculated proportionally to the scope of the performed service, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.
9.9. The right to withdraw from a distance contract does not apply to the consumer in relation to agreements:
1.1.47. (1) for the provision of services, if the Seller has fully performed the service with the consumer’s express consent and the consumer was informed before the performance began that after the Seller has performed the service, the consumer will lose the right to withdraw from the agreement; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service consists of Products which, after delivery, due to their nature, become inseparably connected with other items; (7) in which the subject of the service consists of alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may occur only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to them to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the agreement in relation to the additional services or Products; (9) in which the subject of the service consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for subscription agreements; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of service provision; (13) for the supply of digital content not recorded on a tangible medium, if performance began with the consumer’s express consent before the withdrawal period expired and after the Seller informed the consumer of the loss of the right to withdraw from the agreement.
10.1. This section of the Terms and Conditions and the provisions contained in it apply exclusively to Customers and Service Recipients who are not consumers.
10.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims by the Customer who is not a consumer against the Seller.
10.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact that the Sales Agreement has been concluded.
10.4. Upon the Seller handing over the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller is not liable for loss, shortage or damage to the Product occurring from the moment it is accepted for transport until it is delivered to the Customer, or for delay in transporting the shipment.
10.5. If the Product is sent to the Customer through a carrier, the Customer who is not a consumer is obliged to inspect the shipment at the time and in the manner accepted for shipments of this type. If they find that loss or damage to the Product occurred during transport, they are obliged to take all actions necessary to establish the carrier’s liability.
10.6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under statutory warranty for the Product towards the Customer who is not a consumer is excluded.
10.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
10.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of concluding the agreement and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.
10.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court competent for the registered office of the Seller/Service Provider.
11.1. Agreements concluded through the Online Store are concluded in Polish.
11.2. Amendment of the Terms and Conditions:
1.1.48. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
1.1.49. In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of the Electronic Service – Account), the amended terms and conditions bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, that is, the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the agreement.
1.1.50. In the case of agreements of a nature other than continuous agreements concluded on the basis of these Terms and Conditions (e.g. Sales Agreement), amendments to the Terms and Conditions will not in any way infringe the acquired rights of Service Recipients/Customers who are consumers before the date on which the amendments to the Terms and Conditions enter into force; in particular, amendments to the Terms and Conditions will not affect Orders already being placed or placed, or Sales Agreements concluded, being performed or performed.
11.3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other applicable provisions of generally binding law.
12.1. As part of the online store www.semprelove.pl, the “Sempre Society Club” loyalty program operates, in which Customers receive points for purchases made in the store.
12.2. For every 1 Polish zloty spent, the Customer receives 1 loyalty point.
12.3. Accumulated points are added together and may be exchanged for a discount at the ratio:
1000 points = PLN 30 discount on subsequent purchases.
12.4. Points may be used at any time, including during other promotions, discounts or special campaigns. Discounts from the loyalty program are combined with other discounts.
12.5. Points are awarded after 30 days from the date the order is completed (i.e. after its delivery and completion of the sales process).
12.6. Points are not awarded for:
12.7. In the case of a partial return of an order, the number of awarded points will be reduced accordingly by the value of the returned products.
12.8. The Store reserves the right to change the rules of the loyalty program or suspend it, with any changes being published in the terms and conditions with appropriate advance notice.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the agreement)
– Addressee:
SEMPRE WITH LOVE
C.H PTAK ul. Rzemieślnicza 35
SHOWROOM S BOX 8
95-030 RZGÓW
NIP 772 240 23 49
REGON 101381432
Email address: sklep@semprewithlove.pl
Tel.: +48 883 837 558
– I/We(*) hereby inform you of my/our(*) withdrawal from the agreement for the sale of the following items(*) the agreement for the delivery of the following items(*) the contract for specific work consisting in the performance of the following items(*)/for the provision of the following service(*)
– Date of conclusion of the agreement(*)/receipt(*)
– First and last name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper form)
– Date
(*) Delete as appropriate.
