Terms and Conditions

Below we present the terms and conditions (the “Terms and Conditions”) for the sale of our goods (“Goods”) offered in our online store (“Online Store”, “Store”) and the provision of services related to electronic sales, in particular the newsletter service (“Newsletter”) and account service (“Account”). Please read these Terms and Conditions carefully, as well as our Privacy Policy.

Our Terms and Conditions contain the following information:

I. About Us
II. Definitions
III. General Provisions
IV. Rules for Using the Online Store
V. Account
VI. Procedure for Concluding a Sales Agreement
VII. Delivery
VIII. Prices and Payment Methods
IX. Subscription
X. Right of Withdrawal from the Contract
XI. Complaints Regarding Goods
XII. Complaints Regarding the Provision of Services by Electronic Means
XIII. Newsletter Terms and Conditions
XIV. Processing of Personal Data
XV. Final Provisions

I. ABOUT US

The owner of the Online Store is BOBINSANA LTD Address: Unit 10 Enterprise Court Farfield Park, Rotherham, England, S63 5DB,
Company Number: 16416716, email address: kontakt@lakailas.pl

(hereinafter referred to as “BOBINSANA LTD” or the “Seller”).

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II. DEFINITIONS

The following terms used in these Terms and Conditions shall have the following meanings:

• Account – a page in the Online Store where the Customer, after registering and logging in, may: place orders for Goods, review their purchase history, access their personal data, and make changes to such data.
• Consumer – any natural person who enters into a legal transaction with a business entity not directly related to their business or professional activity.
• Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2019, item 1145, as amended).
• Sales Agreement – a sales agreement for Goods concluded between BOBINSANA LTD and the Customer via the Online Store’s website.
• Customer – a natural person, a legal person, or an organizational unit without legal personality, which is granted legal capacity by specific provisions, placing an Order in the Store.
• Goods (or Products) – products available in the Online Store, which are the subject of the Sales Agreement.
• Online Store (Store) – the online store available at www.lakailas.pl

III. GENERAL PROVISIONS

• These Terms and Conditions set out the rules for using the Online Store available at www.lakailas.pl
• The Online Store operating at www.lakailas.pl is run by the Seller.
• These Terms and Conditions, in particular, specify:

• the rules for placing Orders in the Online Store electronically;
• the rules for concluding Sales Agreements regarding services provided within the Online Store;
• the rules for the operation of the Newsletter and the Account.
• Use of the Online Store is possible provided that the Customer’s IT system meets the following minimum technical requirements: web browser – Internet Explorer, Chrome, Firefox, Safari, or Opera.
• In order to use the Online Store, the Customer should independently obtain access to a computer workstation or terminal device with an internet connection.
• Customers may access these Terms and Conditions at any time via a link placed on the homepage of the Online Store www.lakailas.pl Customers may also download and print them. Downloadable materials are available via a link at the bottom of the page. The Terms and Conditions file is saved in PDF (Portable Document Format), which can be opened with Adobe Acrobat Reader, available on the Adobe Systems Software website.

IV. RULES FOR USING THE ONLINE STORE

• Only a person with the legal capacity to enter into a binding agreement may use the Online Store and purchase Goods.
• The Seller may deprive the Customer of the right to use the Online Store, as well as limit the Customer’s access to part or all of the resources of the Online Store, with immediate effect, if the Customer violates the provisions of these Terms and Conditions, in particular if the Customer:
  a. provided untrue, inaccurate, or outdated information during registration in the Online Store, misleading or infringing upon the rights of third parties;
  b. engages in other behavior inconsistent with applicable law or the general principles of using the Internet, or behavior that harms the good name of the Seller.
• In order to ensure the security of message and data transmission in connection with the services provided in the Online Store, the Seller applies technical and organizational measures appropriate to the level of risk to the security of the provided services, in particular measures preventing unauthorized collection and modification of personal data transmitted online.
• The Customer undertakes, in particular, to:
  a. not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content violating personal rights and other rights of third parties;
  b. use the Online Store in a manner that does not disrupt its operation, in particular by using specific software or devices;
  c. refrain from actions such as sending or posting unsolicited commercial information (spam) within the Online Store;
  d. use the Online Store in a manner that is not burdensome to other Customers;
  e. use any content posted within the Online Store only for personal use;
  f. use the Online Store in accordance with generally applicable law, the provisions of these Terms and Conditions, and the general principles of using the Internet.
• The Seller uses cookies on its website. The Customer may define the conditions for storing or accessing cookies in the Customer’s web browser. Information about cookies is included in the Privacy Policy.
• The Online Store service also enables communication with the Seller. For this purpose, it is necessary to complete the appropriate fields in the contact form in the “Contact Form” tab and click the “SEND” button.

V. PROCEDURE FOR CONCLUDING A SALES AGREEMENT

• To place an Order in the Online Store and conclude a Sales Agreement, it is necessary to select a Product from the Seller’s current offer. The selection is made by clicking the link to the given Product, and then the “ADD TO CART” button. After clicking the Cart link, a summary of the selected Goods will be displayed.
• If the Seller offers the option of purchasing Products under a Subscription, the Customer, before clicking the “ADD TO CART” button, decides whether they want to purchase a Product Subscription by selecting the “Subscribe” button, or make a one-time purchase of the Product by selecting the “One-time purchase” button.
• The Order must be placed by clicking the “PROCEED TO CHECKOUT” button.
• Next, the Customer must carefully enter their personal data in accordance with the form field labels. At this stage, the Customer may choose to register on the website www.lakailas.pl by selecting the appropriate option and creating a password. Registration is required to purchase Products under a Subscription.

• The Customer must select the payment method by choosing the appropriate option, accept the Online Store Terms and Conditions, and consent to the processing of personal data.
• Clicking the “BUY AND PAY” button constitutes the final confirmation of the Order, and the data entered along with the selected options will no longer be subject to modification.
• Submitting an Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with the Seller, in accordance with its provisions and the provisions of these Terms and Conditions.
• After placing the Order, the Customer receives a confirmation email containing the final confirmation of all essential elements of the Order.
• The Agreement is considered concluded at the moment the Customer receives the email referred to above.
• The Sales Agreement is concluded in the Polish language, and its provisions are consistent with the Order and these Terms and Conditions.

VI. DELIVERY

• Delivery of Goods is limited to the territory of the United Kingdom and the countries belonging to the European Union and will be carried out to the address indicated by the Customer when placing the Order.
• The delivery cost will be indicated at the time of placing the Order.
• The Order fulfillment time is up to 3 business days from the date the Customer submits the Order and makes payment.
• Orders placed by 2:00 p.m. on business days are usually shipped the same day (applies to delivery methods: InPost Parcel Lockers and InPost Courier).
• Recording, securing, making available, and confirming to the Customer the essential provisions of the Sales Agreement for Goods takes place by sending the Customer a confirmation to the provided email address and by including in the shipment containing the Goods a printout of the confirmation, the Order specification, and the invoice.

VII. PRICES AND PAYMENT METHODS

• The prices of Goods are given in Polish zloty (PLN) and include VAT (with the applicable rate specified), but do not include delivery costs, which are payable additionally and are specified during the transaction.
• The Customer may pay the price:
  a) by bank transfer to the Seller’s bank account number;
  b) via the Tpay online electronic payment system;
• Exception: For Subscription payments, payment is possible only by credit or debit card via the Tpay service.

VIII. RIGHT OF WITHDRAWAL FROM THE CONTRACT

• The Consumer has the right to withdraw from the Sales Agreement for Goods within 14 days without giving any reason.
• The withdrawal period expires after 14 days from the day on which the Customer acquired possession of the Goods, or on which a third party other than the carrier and indicated by the Customer acquired possession of the Goods.
• To exercise the right of withdrawal from the Agreement, the Customer must inform the Seller electronically, by writing to kontakt@lakailas.pl of their decision to withdraw from the Sales Agreement by means of an unequivocal statement. The declaration of withdrawal may also be submitted in writing using the form attached as Appendix 1 to these Terms and Conditions.
• To meet the withdrawal deadline, it is sufficient for the Customer to send information regarding the exercise of the right of withdrawal before the withdrawal period has expired.
• In the event of withdrawal from the Sales Agreement, the Seller shall reimburse the Customer for all payments received, including the costs of delivering the Goods (except for additional costs arising from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed of the withdrawal from the Sales Agreement.
• The Seller shall make the reimbursement using the same payment methods as the Customer used in the original transaction, unless the Customer expressly agrees otherwise; in any case, the Customer shall not incur any fees in connection with the reimbursement.
• The Customer is obliged to return the Goods to the Seller no later than 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to send back the Goods before the period has expired. The Customer shall bear only the direct costs of returning the Goods.

IX. COMPLAINTS REGARDING GOODS

• The Seller is obliged to deliver Goods that are in conformity with the Sales Agreement and free from defects.
• The Seller is liable to the Consumer under the warranty for defects to the extent and on the terms set out in the Civil Code, in particular Articles 556 et seq. of the Civil Code.
• If the Consumer claims that any of the delivered Products are defective, they have the right to file a complaint.
• Complaints arising from the violation of the Consumer’s rights guaranteed by law or under these Terms and Conditions should be sent by email to: kontakt@lakailas.pl
• If the Goods have a defect, the Consumer may, subject to and under the rules set out in the Civil Code, submit a declaration of price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with one 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 if the Seller has failed to fulfill the obligation to replace the item with one free from defects or to remove the defect. The reduced price should remain in the same proportion to the price resulting from the Sales Agreement as the value of the defective item bears to the value of an item without defects.
• Instead of the removal of the defect proposed by the Seller, the Consumer may demand the replacement of the item with one free from defects, or instead of the replacement of the item, the Consumer may demand removal of the defect, unless bringing the item into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would entail excessive costs compared to the method proposed by the Seller. When assessing whether the costs are excessive, the value of an item free from defects, the type and significance of the defect, as well as the inconvenience to which the Consumer would be exposed by another method of satisfaction, shall be taken into account.
• The Seller undertakes to consider each complaint promptly, but no later than within 14 days of its receipt, and if this proves impossible, to inform the Consumer within this period when the complaint will be considered. If the Consumer has requested replacement of the item or removal of the defect, or submitted a declaration of price reduction specifying the amount by which the price should be reduced, and the Seller has not responded to this request within 14 days, the request shall be deemed justified.
• If it is necessary to deliver the Product to the Seller for the complaint to be processed, the Customer shall be obliged to deliver the Product at the Seller’s expense, or the Product will be collected from the Buyer by a courier acting on behalf of the Seller, after the necessary arrangements between the parties have been made in this respect.

X. COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES

• The Seller undertakes actions to ensure the proper functioning of the Online Store to the extent resulting from current technical knowledge and undertakes to remove any irregularities reported by Customers within a reasonable period of time.
• The Customer should immediately notify the Seller of any irregularities or disruptions in the functioning of the Online Store website.
• Any irregularities related to the functioning of the Store should be reported by the Customer by email to: kontakt@lakailas.pl
• In the complaint notification, the Customer should provide their first and last name, correspondence address, type, and date of occurrence of the irregularities related to the functioning of the Store.
• The Seller undertakes to consider each complaint within 14 days, and if this proves impossible, to inform the Customer within this period when the complaint will be considered.

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XI. NEWSLETTER TERMS AND CONDITIONS

• If the Customer consents to the processing of personal data provided in the form on the lakailas.pl website for the Seller’s marketing purposes, including in particular consent to receive commercial information by electronic means (e.g., in the form of a Newsletter) or by telephone, the Customer will be provided with a service consisting of the periodic sending of information in the form of an electronic letter (email), hereinafter referred to as the “Newsletter,” to the email address provided by the Customer. The Newsletter service is provided free of charge for an indefinite period.
• The Newsletter contains information about the Seller’s product offer, new arrivals, current promotions, as well as other information about the Seller and its products, including reviews, press materials, and links to partner websites.
• The Customer may, at any time, without giving a reason and without incurring costs, change the previously indicated email address to which the Newsletter is sent or unsubscribe from this service by sending the Seller an appropriate request to the email address: kontakt@lakailas.pl
• Complaints related to the Newsletter service should be sent by email to: kontakt@lakailas.pl
• The complaint should include the Customer’s first and last name, email address, a description of the subject of the complaint, including the request and its justification, and the signature of the person submitting the complaint.
• Complaints will be considered within 14 days from the date of receipt by the Seller. The Seller will promptly notify the complainant of the decision regarding the complaint by email to the address provided in the complaint.

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XII. FINAL PROVISIONS

• Sales Agreements concluded on the basis of these Terms and Conditions are subject to Polish law. If the Customer is a Consumer, the law of the country in which the Consumer has their habitual residence shall apply, provided that the Seller conducts or directs its business to that country.
• The Consumer has the option to use out-of-court methods of complaint handling and claim settlement before a permanent consumer arbitration court at the territorially competent Provincial Inspector of Trade Inspection. Information on how to access the above procedures for dispute resolution can be found at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
• The Seller informs that an online dispute resolution platform for consumers and businesses at the EU level (ODR platform – online dispute resolution) is available at: http://ec.europa.eu/consumers/odr/
• Any disputes arising between the Seller and the Consumer shall be resolved by the courts having jurisdiction over the Consumer’s permanent residence.
• Any disputes arising between the Seller and a Customer who is not a Consumer shall be resolved by the courts having jurisdiction over the place of business of the non-Consumer Customer.
• All intellectual property rights to the Products belong to the Seller or its licensors. All such rights are reserved.
• The exclusive right to content made available through the Online Store, in particular copyrights, the name of the Online Store, the Seller’s trademarks, their graphic elements, software, and database rights, belong to the Seller or its licensors and are subject to appropriate protection.
• In matters not regulated in these Terms and Conditions, the relevant provisions of law shall apply.
• These Terms and Conditions shall be effective as of December 1, 2020.