TERMS & CONDITIONS
These Regulations specify the terms and conditions of sale of goods available at online store www.land-mfg.com that belongs to company under the name Alternative Longboards Szymon Śmiałek with its registered office in Nowy Sącz, post code 33-300, Wyspiańskiego 13, the correspondence address: Wyspiańskiego 13, 33-300 Nowy Sącz, NIP: 7343286991, REGON: 7343286991, bank account number for transfers in Polish zloty: 75 1050 1722 1000 0092 0720 7359, bank account details for foreign currency transfers: pl92 1050 1722 1000 0092 0720 7441, swift code: INGBPLPW, e-mail address: [email protected], telephone number: +48 663 721 290.
1. Basic terms defined in this document
- Shop/Service – the online shop run by Alternative Longboards Szymon Śmiałek available at www.land-mfg.com website, through which Alternative Longboards Szymon Śmiałek provides the Services under this Regulation
- Regulations – these Terms and Conditions of the online shop www.land-mfg.com
- Service – distance selling of goods within the Republic of Poland and outside of the territory of the Republic of Poland that takes place after Customer’s order placement.
- Seller (Service Provider) – Alternative Longboards Szymon Śmiałek
- Customer – a person having the capacity to perform a legal act, who uses the Services of Seller and is entitled to receive ordered goods
- The Sales Contract – contract of sale concluded between the Seller and the Customer Alternative Longboards Szymon Śmiałek through which the Seller commits himself to performing the Service, and the Customer commits himself/herself to receiving the goods and making payment.
- Supplier – specialized entity that delivers courier consignments. The Sellet cooperates with FedEx courier companies.
2. General provisions
The Seller contacts the Customer via e-mail of telephone. Contact details of the Seller have been specified in § 1 of These Regulations. The cost of connection is specified by the tariff of a service provider whose telecommunication services are used by the Customer.
The Customer uses the Services of the Seller through the online Shop www.land-mfg.com.
The website of the Shop is maintained in two languages: Polish and English.
Each price given by an item is gross, which means that it is inclusive of VAT.
After placing an order by the Customer, the price cannot be changed.
The Seller reserves the right to make changes in the prices of goods offered in the Shop only before the Customer places an order.
The Seller can extend the range of products by adding some new goods.
The Seller has the possibility of giving price reductions and special offers. Some special offers are implemented through discount coupon codes, which are each time made available by the Seller in the Service subject to § 2 Sec. 11 of Regulations.
As part of promotional sales or at reduced prices, the amount of goods and the duration of the promotion or reduced prices is limited and the orders are executed in the order they are placed. The special offer of price reductions finish upon exhaustion of stock or at the time defined by the Seller.
The Seller, via the online Shop, shall each time inform the Customer about introducing and finishing promotional sales or special offer and about their duration period.
By placing an order the Customer concludes with the Seller the Contract referred to in § 1 Sec.8 of the Regulations.
The Seller issues the VAT invoice to the Customer. The invoice is attached and sent together with the ordered goods.
In his work, the Seller shall be guided by applicable codes of good conduct in accordance with the Act of 23 August 2007 on combating unfair commercial practices.
3. Placing orders
The Customer places an order through the Shop available at www.land-mfg.com
To place an order the Customer after choosing a product must press “Proceed to checkout” button.
After pressing the “Proceed to checkout” button, the Customer must provide the following information:
c) E-mail address;
d) Telephone number;
f) Building number;
g) Office/apartment number;
The Customer declares that the information provided is true.
The Customer chooses the Supplier.
After providing data referred to in § 3 Sec. 3 of the Regulation, the Customer purchases the product by pressing “Buy now and pay” button. Once the Customer presses the “Buy now and pay” button, the order is placed.
The Seller reserves the right to additionally verify the order by an electronic e-mail or making a telephone call after order placement the next day at the latest. Simultaneously, the Seller reserves the right not to execute the order in a situation when the information provided by the Customer is not complete and not true in accordance with § 3 Sec. 3 of the Regulation. If possible, the Seller will inform the Customer about such situation.
The Customer after pressing the “Buy now and pay” button is obliged to make the payment.
In situation, referred to in § 3 Paragraph 7 sentence 2 of the Regulation, the Seller shall give the money back within 7 days from the day of informing the Customer about no possibility to complete the order.
In situation, when after placing an order by the Customer, the Seller decides that the ordered product is no longer available, the Seller will immediately inform the Customer about such situation by an electronic e-mail or over the telephone. In such situation the Customer may withdraw from the Contract and the money transferred to the Seller will be given back within 7 days from the day of receiving by the Seller the information about the withdrawal from said Contract. The Customer may also wish to have the order completed within a period individually fixed with the Seller.
After placing an order the Customer is obliged to pay for the goods ordered.
The Customer can pay as follows:
a) by a bank transfer directly to the bank account of the Seller where Polish zlotys are transferred. Bank account details: 75 1050 1722 1000 0092 0720 7359
b) by a bank transfer directly to the bank account of the Seller where EURO currency is transferred. Bank account details: IBAN pl92 1050 1722 1000 0092 0720 7441, swift code: INGBPLPW, ING BANK ŚLĄSKI
c) by a transfer via online payment platform – PayPal.
The price shown by the “Buy now and pay” button is the final price being the VAT inclusive amount, and it also included the shipping costs.
5. Delivery costs and time periods
Delivery times are assigned to each product. Delivery time is defined in working days and is counted from the day of Customer’s order placement to the day of sending the ordered goods. In situation when the Customer orders good with different delivery time, the longest time shall be binding for the Seller.
The date of the receipt of the goods shall be estimated by adding the lead time and the delivery time.
Delivery times of the goods are as follows:
a) courier within Poland – 2 working day;
b) courier outside of Poland within European Union – 3-7 working days;
c) courier outside of the territory of European Union – 4-14 working days.
Delivery costs of the goods are covered by the Purchaser.
6. Obligations of the Customer
The Customer is obliged to check the parcel’s condition and its content in a presence of the Supplier.
If the packaging has been damaged in the course of shipping, the Customer shall perform acts of diligence as is required by Act of 15 November 1984 – Transport Laws (consolidated text Dz.U.2012.1173) to maintain Supplier’s responsibilities, and shall in particular make the Supplier write a protocol including the information about the condition of the parcel and circumstances in which damage occurred.
The Customer has the obligation to acknowledge in writing the receipt of parcel from the Supplier.
In the moment of signing an acknowledgement of receipt the ownership title shall pass to the Customer. The risks of ownership and risk associated with the use of goods, the risk of loss and deterioration in particular also pass to the Customer.
7. Complaints procedure
Rights and obligations of the Customer who is a consumer are specified by the Act of 30 May 2014 on consumer rights.
The Customer has the possibility to submit a declaration about the withdrawal from the Contract using the form template provided in § 10 of the Regulation.
The Customer may withdraw from the Contract within 14 days without giving any reason and without incurring any costs.
The Customer has the possibility to file a complaint.
In the event of Customer’s withdrawal from the Contract or filing a complaint, the relevant address for product returns or sending a complaint is as follows: Land MFG, ul. Wyspiańskiego 13, 33-300 Nowy Sącz. The complaint can also be sent via e-mail to [email protected]
Period of limitation to withdrawal from the Contract starts upon Customer’s receipt of good from the Supplier.
The Customer may withdraw from the Contract by submitting the notice of cancellation to the Seller. The period for withdrawal shall be deemed to have been observed if the notice of withdrawal is sent, before its expiry as defined in § 7 paragraph 3 of this Regulation.
In the event of withdrawal from the Contract in accordance with § 7 Regulation, the Contract shall be considered not concluded.
The Seller shall return all the payments made by the Customer including shipping costs, within 14 days from the day of receiving the declaration of withdrawal from the Contract.
The Seller returns the payments using the same payment method used previously by the Customer, unless the Customer agrees to have the money transferred in different way with no additional costs.
If the Seller does not suggest that he will collect the Goods himself from the Customer, he may withold the reimbursement until he has received the Goods back or the proof of shipment from the Customer, whichever is earlier.
If the Customer chooses the medium of delivery of the goods other than the least expensive type of standard delivery offered by the Seller, the Seller is not obliged to repay the additional costs incurred by the Customer.
The Customer is obliged to give the product back to the Seller without delay, but no later than 14 days from the day he/she has withdrawn from the Contract, unless the Seller agreed to collect the product himself. To keep the deadline, the Customer needs to send the product back before the expiry of those time limits. When sending the product the Customer is obliged to protect it properly against destruction.
The Seller is obliged to take the goods back at his own expense when due to the nature of the goods the parcel cannot be sent in the normal way by post.
The Customer shall be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
The Customer is not entitled to the right of withdrawal from the Contract in accordance with this paragraph, when he/she ordered non-prefabricated goods, the product manufactured according to Customer’s specifications or the product to meet his/her personalized needs. In accordance with this paragraph, SOFA is no subject to the right of withdrawal from the Contract.
In the event of withdrawal the Customer shall send back the VAT invoice together with the product.
The Seller will process the complaint without delay no later than 4 working days from receiving a complaint.
Upon consideration of the complaint, the Seller will inform the Customer about his position via e-mail or over the phone.
The damaged goods will be replaced by the Seller with products free of defects. However, when it is impossible, the Seller will reimburse to the Consumer incurred costs or will offer another product available in the Shop.
Data collected within our Shop constitute set of Customers’ data within the meaning of the Act of 29 August 1997 on Personal Data Protection (Dz.U. 1997 no. 133 item 883) shall be notified to Inspector General for the Protection of Personal Data.
The Customer agrees to the processing of his or her personal data by the Seller.
The Seller, that is Alternative Longboards Szymon Śmiałek is the Administrator of gathered personal data.
Making the personal data available to the Seller is necessary in the process of order placement in the Shop in order to ensure the proper conduct of this process.
The Seller is the sole Administrator of data and information gathered in the Service.
Personal data collected by the Seller are not disclosed to any third party except that:
a) the user has provided written consent
b) in the case of request from authorized organs (police, public prosecutor’s office, court etc.) – in case of an assumed Customer’s violation of law;
All personal data is protected by the Seller against their unauthorized disclosure, as well as other cases of its disclosure or loss and against the destruction of data.
The safeguards applied for data protection are used in accordance with their intended use in the meaning of the regulation of the Ministry of Internal Affairs and Administration of 29 April 2004 on the personal data processing documentation and technical and organizational conditions that devices and computer systems used for the processing of personal data should meet (Dz. U. [Journal of Laws] from 2004 r. No. 100, Item. 1024)
The personal data gathered by the Seller shall be used solely for the purpose of correct execution of orders.
Each entity, whose data is collected, may inspect its content as well as correct it.
Each entity, whose data is collected has the right to require the cessation of processing of the data and to demand to remove the database from the Service.
The Seller shall not be responsible for the damages that resulted from making the personal data of the entity available to the unauthorized persons by the entity.
The Seller shall not be responsible for the damages that resulted from unlawful making available of personal data to third parties, who obtained access to data committing an offence.
9. Withdrawing from the agreement
- The Purchaser has the right of withdrawal from the Contract within 15 days from the date of receiving the ordered product, without giving any reason. The withdrawal is possible only in the event when the ordered product is not destroyed or damaged due to Buyers fault to bigger extent than it caused in normal use, i.e. using the goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
- In the event of withdrawing from the contract the Purchaser shall inform the Seller about it in the form of a statement, the model for which is given.
- a) using return form
b) via email message to the following address: [email protected]
c) by mail sent to the address: Land MFG, ul. Wyspiańskiego 13, 33-300 Nowy Sącz, Poland, with an annotation: ” WITHDRAWING FROM THE CONTRACT”
each time, indicating which order or which products the withdrawal refers to. The deadline referred to in 6.1 is met when you send the statement before the expiry date.
- The Buyer shall send back the product duly packaged (i.e. protected against damages) whenever possible with all tags and labels within 14 days from withdrawal as indicated in point 6.2. The model withdrawal form is available HERE.
- The Seller undertakes to consider the withdrawal from the contract without any delay, from the date of receipt of the product or delivering to the Seller the proof of dispatch, whichever is the earlier, taking into account provisions of 6.1-6.3 above.
If all the circumstances referred to in the previous sentence are met, the return of due payments for the Purchaser shall be made without delay using the same method payment method that the Purchaser had used, unless the Purchaser clearly indicates dedicated to this bank account – in case of any doubt the Seller will contact the Purchaser in order to clarify them.
- If the Purchaser chooses the medium of delivery of the goods other than the least expensive type of standard delivery offered by the Shop, the Seller is not obliged to repay the additional costs incurred by the Purchaser.
- The consumer shall only bear the direct costs of returning the goods.
- Right of withdrawal is not granted to the consumer in respect of contracts:
a) in which the subject of services is the nonprefabricated product, the product manufactured according to Purchaser’s specifications or the product to meet his/her personalized needs,
b) in which the subject of services is the product liable to deteriorate or expire rapidly,
c) in which the subject of services is the product delivered in a sealed package, which cannot be returned after the packaging has been opened for the protection of human health or for hygienic reasons if the package has been opened after the delivery
d) in which the subject of services are the goods that after the delivery due to their nature are inseparably mixed with other items,
e) in which the subject of services are sealed audio or video recordings or computer programmes delivered in a sealed package, if the package has been opened after the delivery
f) on delivering journals, periodicals or magazines with the exception of subscription contracts
g) concluded by public auction
h) on supply of digital content which is not supplied on a tangible medium if the performance of the service has begun with the explicit consent of the Purchaser before the withdrawal period has expired and after informing him by the Shop about the forfeiture of the right to withdraw
10. Final provisions
The Customer acknowledges that some of the offered products are hand-made, which does not give the possibility for faithful reproduction of the appearance of goods. What may differ is the colour, shape or pattern. The Customer is obliged to receive the ordered product and settle the payment for the ordered goods in accordance with the Regulations. The Customer may refuse to receive the ordered product only if the package has been declared damaged at the time of delivery.
All the information, photographs of products and trademarks of manufacturers are protected by copyright. It is strictly forbidden to copy, distribute or use them for commercial purposes and for presentation without the permission of the owners.
Regulations shall be binding from the moment of its publication on the website of the Shop.
The Seller reserves the right to make changes in the content of Regulations. The Seller will inform about any amendments made to the Regulations via the website of the Shop.
The Customer has the insight into the content of the Regulations without incurring any additional costs. The Regulation is published on the website of the Shop in the section “Regulations”.
Publication of the provisions of the Regulations in places other than the Service requires the written consent of the Seller.
The Customer has the possibility to preserve the provisions of the Regulations by copying the content of the Regulations or printing out the Regulations at any time.
In the absence of any relevant provisions of the Regulations governing the particular issue, provisions of Polish Law shall be applicable, in particular the Act of 23 April 1964 The Civil Code (consolidated text: Dz.U.2014.121, the Act of 30 May 2014 on consumer rights.
If the court or other competent authority rules that the provisions of the Regulations are not in accordance with Polish law or principles of social interaction, the provision of Polish law shall be applicable instead, in particular the Act of 23 April 1964 The Civil Code (consolidated text: Dz.U.2014.121, the Act of 30 May 2014 on consumer rights.
The provisions of the Regulations which have been declared as in accordance with Polish law or principles of social interaction remain in full force and are effective.
Any disputes arising in connection with this Regulations will be settled by the parties amicably, but in the absence of amicable solution, the competent authority for the resolution of the dispute shall be the court competent for the respondent’s place of residence or his office.
Placing an order equals to the acceptance of all provisions contained in this Regulations.