Buyer and Seller can enter into contract in two ways.
The Buyer has the right to negotiate with the Seller any of the contract’s regulations prior to placing an order, including changes to the regulations below. The negotiations should be conducted in writing and addressed to the Seller (Marcin Luks, Al. Niepodleglosci 804B/2, 81-805 Sopot, Poland).
Should the Buyer resign from concluding the agreement as a result of individual negotiations, the following regulations and applicable provisions shall apply.
TERMS AND CONDITIONS
1. Data Controller: Marcin Luks, Al. Niepodleglosci 804B/2, 81-805 Sopot, Poland, EU VAT ID: PL5842574603
2. Postal address – first name name and last name or institution name, location in a city (in case of a city divided into streets: street, building number, apartment or flat number; in case of acity not divided into streets: city name and property number), zip code and city.
shall be addressed to: Marcin Luks, Al. Niepodleglosci 804B/2, 81-805 Sopot
4. Shipping costs – the list of available delivery methods and prices can be found at https://looks-by-luks.com/page/shipping
5. Contact details:
Marcin Luks, Al. Niepodleglosci 804B/2, 81-805 Sopot
6. Personal data – any information related to an identified or an identifiable individual. It is not considered possible to identify an individual on the basis of such data, if only at excessive cost, time or activities.
7. Sensitive data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or union affiliation, also the data on the state of health, genetic code, addictions, sexual life, convictions, criminal punishments and fines, as well as other judgments issued in court or administrative proceedings.
8. Delivery – a type of transportation service, indicating the operator and the cost, as listed in the shipment price list available at: https://looks-by-luks.com/page/shipping
9. Proof of purchase – e.g. an invoice, a bill, a receipt issued in accordance with Republic of Poland’s Tax On Goods And Services Act Of 11 March 2004, as amended, and with other applicable laws, confirmation of payment by credit card, bank statement.
10. Product information sheet – a single subsite of the online store containing information about a single product.
11. Customer – a natural person of legal age with full capacity to enter into legal transactions, a legal person or an organizational unit without legal personality but with capacity to enter into legal transactions, who purchases a product from the Seller directly in connection with their business or professional activity.
12. Civil Code – Republic of Poland’s Civil Code Act of 23 April 1964, as amended.
13. Code of good practice – a set of principles of conduct, including in particular ethical and professional standards referred to in Article 2 (5) of Republic of Poland’s Act on Combating Unfair Commercial Practices of 23 August 2007, as amended.
(i) a natural person who performs with the Seller a legal transaction not directly related to his/her business or professional activity or
(ii) a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional nature for them, particularly given the object of their business activity as disclosed in a relevant business register.
15. Shopping Cart – a list of products, consisting of the products offered in the store, as chosen by the Buyer.
16. Buyer – both Consumer and Customer.
17. Place of delivery – the postal address or collection point specified by the Buyer in the purchase order.
18. Time of delivery – the moment when the Buyer, or a third party specified by the Buyer for receipt of the item, takes possession of the item.
19. ODR internet platform – an EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for the resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and the Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
20. Payment – method of payment for the subject of the contract and delivery specified at: https://looks-by-luks.com/page/shipping
21. Authorized entity – an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Republic of Poland’s Act on Out-of-court Dispute Resolution of 23 September 2016, as amended.
23. Consumer law – the Republi of Poland’s Consumer Rights Act of 30 May 2014.
24. Product – a minimum and undividable quantity of items which can be covered by a purchase order and which is specified in the Seller’s store as a measurement unit for pricing purposes (price/unit).
25. Subject matter of contract – the products and shipment covered by the contract.
26. Subject matter of service – subject matter of contract.
27. Pickup point – the place of delivery of a purchased item not being a postal address, listed by the Seller in the store.
28. Register of UOKiK – register of authorized entities kept by the Office of Competition and Consumer Protection based on Act on Out-of-court Dispute Resolution of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. GDPR – EU GENERAL DATA PROTECTION REGULATION of the Council of the European Union and European Parliament of May 25, 2018, regarding the collection, use, transmission, processing, and retention of personal identifiable data of natural persons from European Union member countries.
30. Item – a movable thing that may be or is the subject of the contract.
31. Store – internet service available at Looks-by-Luks.com where the Buyer can place an order.
Marcin Luks, Al. Niepodleglosci 804B/2, 81-805 Sopot, Poland, EU VAT ID: 5842574603, REGON: 221794687
BANK ACCOUNT: 98 1140 2004 0000 3512 0727 1218
33. System – a group of IT devices and software items working with one another, ensuring processing and storage, as well as sending and receiving data through a telecommunication networks using a terminal device suitable for the particular type of network, commonly referred to as the Internet.
34. Processing time – the number of working days or hours specified in the product information sheet.
35. Contract – a contract entered into outside the entrepreneur's premises or a remote contract within the meaning of the Republic of Poland’s Consumer Rights Act of 30 May 2014 for Consumers, and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 for Buyers.
36. Defect – a physical or legal defect.
37. Physical defect – the sold item being inconsistent with the contract, in particular if the item:
a) Does not have the properties it should have due to its purpose, whether specified in the contract or arising from circumstances or from its intended use.
b) Does not have the properties indicated by the Seller;
c) Is not intended for the purpose of which the Consumer informed the Seller while entering into the contract, and the Seller did not object to such intended purpose;
d) Has been delivered to the Consumer in an incomplete state;
e) Was incorrectly installed and start-up, if these activities were carried out by the Seller or a third party for whom the Seller was liable or by the Consumer who followed the instructions received from the Seller;
f) Does not have a property which was guaranteed by the manufacturer or its representatives or by a person who marketed the item within their business activity or a person who introduced themselves as the manufacturer by placing their name, trade mark or another distinguishing sign on the sold item, unless the Seller was unaware, and could not reasonably be aware, of the guarantees or if these guarantees could not have influenced the Consumer’s decision on entering into the contract or if the content thereof was rectified before the contract was entered into.
38. Legal defect – a situation where the sold item is the property of a third party or is encumbered with third party right or where the limitation as to the use or disposal of the item arises from a decision or ruling of a competent authority.
39. Order – the Buyer's declaration of will, made via the store, which clearly defines the following: the type and quantity of products; the shipment method; the payment method; the place of delivery; the Buyer's data, and which was made with a direct purpose of entering into a contract with the Seller.
§2 General conditions
1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of delivery must be outside the territory of the Republic of Poland
3. The Seller shall provide services and products which are free of defects.
4. All the prices specified by the Seller are expressed in the Euro currency and they are gross prices (inclusive of VAT). Product prices are exclusive of the shipment cost, which is defined in the shipment price list available at: https://looks-by-luks.com/page/shipping
5. All time periods are calculated in accordance with article 111 of Civil Code, i.e. the period marked in days terminates on the last day, and if an event initiates the period marked in days, the day the event takes place is not taken into account when calculating the date.
6. Any material contractual provisions shall be confirmed, communicated, recorded and secured, so that access to this information can be gained in the future, as follows:
a) through order confirmation which involves sending to the specified e-mail address the following: purchase order, provisional invoice, information about the right to rescind the contract, these Terms & Conditions in the pdf format, a template of the contract rescission form in the pdf format, links for downloading the Terms & Conditions and the template of the contract rescission form;
b) through a printed proof of purchase, information about the right to rescind the contract, the Terms & Conditions and the template of the contract rescission form attached to the processed order, sent to the place of delivery.
7. The Seller shall inform about the guarantees for the products in the store granted to him by third parties.
8. The Seller shall not charge any fees for communication with the Seller through the means of distance communication, and the Buyer shall incur the costs thereof in the amount arising from the Buyer’s contract with the third party from whom the Buyer procures a specific service enabling them to employ means of distance communications.
9. The Seller assures the Buyer using the system that the store works correctly when using the following browsers: IE version 7 or a more recent one, FireFox version 3 or a more recent one, Opera version 9 or a more recent one, Chrome version 10 or a more recent one, Safari with the latest versions of JAVA and FLASH, on screens with a resolution above 1024 px. Use of third-party software affecting the functioning and functionality of Internet Explorer, FireFox, Opera, Chrome, Safari may affect proper display of the store website, so it must be closed to obtain the full functionality of the https://www.looks-by-luks.com store.
10. The Buyer may also use the store’s option of saving their data to facilitate the process of placing next orders. To this end, the Buyer should give their login and password, necessary to gain access to their account. The login and the password represent a sequence of characters defined by the Buyer, who is obliged to keep them confidential and protect them against unauthorised access of third parties. The Buyer may, at any time, access, modify and update their data and delete their account in the store.
11. The Seller shall follow the code of good practice.
12. The Buyer must:
- not provide or forward any content prohibited by law, e.g. content that promotes violence, is defamatory or violating personal rights and other rights of third parties,
- use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not take actions such as: sending or placing within the store unsolicited commercial information (spam),
- not use the store in a way that is inconvenient for other Buyers and for the Seller,
- make only personal use of any content posted in the store,
- use the store in a manner consistent with the currently effective Polish provisions of law, provisions contained herein as well as general rules of the Internet use.
§3 Contract conclusion and performance
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should take at least the following steps, with the possibility of repeating some of them multiple times:
a) Add a product to the shopping cart;
b) Choose the shipment type;
c) Choose payment method;
Available payment methods: wire transfer with the use of the Blue Media or PayLane system, Shoplo Payments, credit card payment supported by Blue Media or PayLane, Apple Pay, PayPal, GiroPay, Sofort, iDeal, SEPA, CarteBleue, CartaSi, Dankort. Credit/debit:* Visa * Visa Electron * MasterCard * MasterCard Electronic * Maestro * Cirrus * American Express * JCB * Discover * Diner's Club
d) Choose the place of delivery;
e) Place the order with the store by using the ‘Order and Pay’ button.
3. The contract with the Consumer is concluded upon order placement.
4. An order paid by wire transfer or via electronic payment system is processed after the Consumer’s payment has been credited to the Seller’s account, which should take place within 14 days since the day the order was placed, unless the Consumer, through no fault on their own, was not able to make the payment and did not inform the Seller about it. In case of payments by card, the delivery time is counted from the moment the positive authorization has been obtained.
5. The contract with the Customer is concluded upon order acceptance by the Seller, about which the Seller informs the Customer within 48 hours from order placement.
6. The Customer’s Collect on Delivery order shall be processed immediately after contract’s conclusion, while orders paid for through a bank wire or an electronic payment system shall be processed after the contract’s conclusion and after the Seller's account is credited with the funds paid by the Customer.
7. The processing of a Customer's order may depend on whether the whole or a part of the order value is paid or whether a trade credit has been obtained at least up to the order value, or whether the Seller agreed that the order may be sent on a Collect on Delivery basis.
8. The subject matter of contract is sent within the time limit specified in the product information sheet, and for orders consisting of multiple products – within the longest of the time limits specified in product information sheets. The period shall begin once the order has been processed.
9. The purchased item, along with the sales document, is sent using the shipment method as chosen by the Buyer to the place of delivery specified by the Buyer in the order, along with the attachments referred to in § 2(6)(b).
§4 Right of rescission
1. Under Article 27 of the Consumer Law, the Consumer shall have the right to rescind a remote contract without a cause and without any costs, except for the costs defined in Articles 33 and 34 of the Consumer Law.
2. The time limit for rescission of a remote contract is 14 days following the time of delivery, and for that deadline to be observed, a written notice must be sent before the expiry of the time limit.
3. The Consumer may give the rescission notice on the form enclosed with the Consumer Law as Annex 2 or in other written form in line with the Consumer Law.
4. The Seller shall immediately confirm to the Buyer, to their e-mail address (to the one specified when concluding the contract and to another e-mail, if provided in the notice), that the Seller has received the contract rescission notice.
5. In the event of contract rescission, the contract is considered as not concluded.
6. The Consumer shall return the item to the Seller without delay but not later than 14 days following the contract rescission date. For the deadline to be observed, the item must be sent before the time limit expires.
7. The Consumer shall send back the items which where the subject matter of the rescinded contract at the Consumer’s own expense and risk.
8. The Consumer shall bear no costs of supplying digital content, which is not recorded on a tangible medium if they did not agree to fulfil the performance before the date of withdrawal from the contract or if they were not informed about the loss of their right to withdraw from the contract when granting such consent or if the entrepreneur did not provide the confirmation in accordance with Article 15 (1) and Article 21 (1) of the Consumer law.
9. The Consumer shall be liable for any reduction in the value of the item which was the subject matter of the contract as a result of the item being used beyond the scope necessary to determine its nature, properties and functioning.
10. The Seller shall reimburse the Consumer, without delay but no later than 14 days after receiving the contract rescission notice submitted by the Consumer, for any payments made by the Consumer, including the cost of item shipment, and if the Consumer chose a shipment method other than the cheapest shipment method offered by the Seller – the Seller shall not reimburse the Consumer for the additional costs as per Article 33 of the Consumer Law.
11. The Seller shall make the reimbursement using the same payment method as the Consumer did, unless the Consumer expressly agreed to another form of payment which does not entail any costs for them. In the event of having to refund any transaction made by the Customer with a payment card, the Seller shall issue the refund to the bank account assigned to the Consumer’s payment card.
12. The Seller may withhold the reimbursement of the payment received from the Consumer until the item is received back or until the Consumer provides a proof of sending the item back, whichever takes place first.
13. Pursuant to Article 38 of the Consumer Law, the Consumer shall have no right to rescind any contract:
a) where the price or remuneration depends on fluctuations on the financial market which are beyond the Seller’s control and which may occur before the deadline for contract rescission;
b) which involves a non-prefabricated object, manufactured according to the Consumer’s specifications or intended to satisfy the Consumer’s individualised needs.
c) Which involves an object prone to rapid deterioration or having a short shelf life.
d) In which the object comes in a sealed package, which, after opening the package cannot be returned due to the protection health or hygiene reasons, if the packaging has been opened after delivery;
e) Which involves objects, which, after delivery, due to their nature, are inextricably linked to other things;
f) in which the object is to provide a visual or audio recordings or computer software delivered in a sealed packaging, if were unsealed after delivery;
g) for the supply of digital content which is not saved on a tangible medium where the provision of the service commences upon the Consumer's explicit consent before the time limit for withdrawal from the contract expires and after the Consumer has been informed by the entrepreneur about the loss of the right to rescind the contract;
h) for the provision of newspapers, periodicals or magazines, with the exception of the subscription agreement.
14. In case of '2+1' promotion, rescission is only accepted for the entire order. Return of single products will not be accepted.
15. Buyer does not have the right of rescission, if the product has been taken out of the packaging and it cannot be packed again due to hygienic reasons. (i.e. perfumes, lingerie).
1. Pursuant to Article 558 § 1 of the Civil Code, the Seller hereby excludes its liability to the Customers for physical and legal defects (warranty).
2. The Seller shall be liable to the Consumers for defects (warranty) on the terms defined in Article 556 et seq. of the Civil Code.
3. For contracts with the Consumers, if a physical defect is detected within a year since the time of delivery, the defect is assumed to have existed at the moment of risk transfer to the Consumer.
4. If the sold item has a defect, the Consumer may:
a) submit a notice demanding a price reduction;
b) submit a notice of contract rescission;
unless the Seller replaces the defective item with an item free of defects or removes the defect without delay and without excessive inconveniences for the Consumer. However, if the item was already replaced or repaired by the Seller or if the Seller did not fulfil their obligation to replace the item with an item free of defects or to remove the defect, they shall be under no obligation to replace the item or remove the defect.
5. The Consumer may demand that the item be replaced with an item free of defects in lieu of the defect removal as proposed by the Seller or may demand defect removal in lieu of item replacement, unless it is impossible or too costly, when compared to the method suggested by the Seller, to bring the item to a condition consistent with the contract using the method chosen by the Consumer; the assessment of whether a solution is too costly is based on the value of the item as free of defect, the type and significance of the defect found and the inconveniences the Consumer would suffer if another method of claim satisfaction was chosen.
6. The Consumer cannot rescind the contract is the defect is insignificant.
7. If the sold item has a defect, the Consumer may also:
a) demand that the item be replaced with one that is free of defects;
b) demand that the defect be removed.
8. The Seller shall replace a defective item with one that is free of defects or remove the defect within a reasonable time and without excessive inconveniences for the Consumer.
9. The Seller may refuse to satisfy the Consumer’s demand if bringing the defective item to a condition consistent with the contract using the method selected by the Consumer is impossible or too costly when compared to the other available method of bringing the item to a condition consistent with the contract.
10. In case the defective item has been installed, the Consumer may require the Seller to disassemble and reassemble the item after replacing it with a non-defective one or removing the defect, however, they are obliged to bear the part of the costs that exceedes the price of the item sold, or may require the Seller to cover a part of the costs of disassembling and reinstallaling the item, up to the price of the item sold. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. A Consumer who exercises their right under the warranty shall deliver, at the expense of the Seller, the defective item the to the address for complaints, and if it would be too difficult for the Consumer to deliver the item due to the type thereof or because of how it had been installed, the Consumer shall grant the Seller access to the item in the place where the item is situated. If the Seller fails to perform this obligation, the Consumer shall have the right to send the item back at the expense and risk of the Seller.
12. The replacement or repair costs shall be borne by the Seller, with the exception of the case described in §5(10).
13. The Seller shall accept the defective item from the Consumer in the event of its replacement with an item free of defects or in the event of contract rescission.
14. The Seller has fourteen days to respond to:
a) the notice demanding a price reduction;
b) the notice of contract rescission;
c) the demand that the item be replaced with one that is free of defects;
d) the demand that the defect be removed.
Otherwise the Seller is deemed to have found the Consumer’s notice or demand justified.
15. The Seller shall be liable under the warranty if any physical defect is identified within two years of the item being delivered to the Consumer.
16. The Consumer’s claim for defect removal or replacement of the sold item with one that is free of defects shall fall under the statute of limitations one year after the defect detection date but not earlier than two years since the time of delivery of the item to the Consumer, and if the sale involves a second-hand item – within a year since the time of delivery of the item to the Consumer.
17. If the shelf life of the item defined by the Seller or the manufacturer expires after two years since the time of delivery of the item to the Consumer, the Sellershall be liable under the warranty for any physical defects of this item detected before the expiry date.
18. Within the time limits defined in § 5(15) through § 5(17), the Consumer may submit a notice of contract rescission or a notice demanding a price reduction on account of a physical defect of the sold item, and if the Consumer has demanded replacement of the item with one that is free of defect or defect removal, the time limit for submitting a notice of contract rescission or a notice demanding a price reduction shall run from ineffective expiry of the time limit for item replacement or defect removal.
19. If one of the rights under the warranty is claimed in court or arbitration court, the time limit for exercising any other rights of the Consumer on that account shall be suspended until the proceedings end in a legally binding fashion. This shall also apply to mediation proceedings as appropriate, with the time limit for the performance of any other rights of the Consumer under the warranty starting to run on the date on which the court refuses to approve the settlement made before the mediator or if the mediation ends to no effect.
20. For the exercise of rights under the warranty for legal defects of the sold item, §5 (15-16) apply, except that the time limit runs on the date on which the Consumer acknowledged the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of a third party's action - on the date on which the decision issued in a dispute with a third party has become definitive.
21. If, due to a defect of things, the Consumer has filed a declaration of withdrawal or price reduction, he may demand compensation for the damage done due to his signing the contract not knowing about the defect, even if the damage was due to circumstances for which the Seller is not responsible and, in particular, may demand reimbursement of the costs of concluding the contract, the costs of picking up, transporting, storing and insuring the item, the reimbursement of expenditures to the extent that they did not benefit from them, and were not returned by a third party, as well as the reimbursement of the process costs. This is without prejudice to the provisions of the obligation to provide compensation on general principles.
22. The expiry of the deadline to declare any defect does not exclude the exercise of the powers under the warranty, if the defect was fraudulently concealed by the Seller.
23. The Seller, if obliged to provide financial contribution to the Consumer, shall fulfil their duty without undue delay, no later than by the time determined by law.
2. The Data Controller processes the Buyers’ personal data on the basis of their consent and in connection with the legitimate interests of the Seller.
3. The Data Controller processes the Buyers’ personal data only to the extent justified by their legal or contractual obligation.
4. Any consent given by the Buyer to the processing of personal data is voluntary and the consent to the processing of the data for a specific purpose can be withdrawn at any time.
5. The following personal data is collected for the purpose of fulfining the Buyer's order:
a) address (street, house number / or house and flat number, zip code and city) – essential for issuing a proof of purchase
b) place of delivery of the item – essential for addressing the parcel;
c) e-mail address – essential for receiving communication related to the order status;
d) telephone number - necessary in case of selecting certain delivery methods
§7 Final provisions
1. No provision hereof is intended to violate the Buyer's rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the Terms and Conditions with the applicable law, the Seller declares absolute compliance with and application of this law in lieu of the challenged provision of the regulations.
2. The registered Buyers will be notified by e-mail about any changes to the Terms and Conditions and their scope (at the e-mail address provided during the registration process or when placing an order). The notification will be sent at least 7 days before the new regulations come into force. The purpose of the changes introduced will be to adapt the Terms and Conditions to the applicable legal status.
3. The current version hereof is always available to the Buyer in at https://looks-by-luks.com/page/terms-and-conditions. During order processing and throughout the entire post-sales care period, the Buyer shall be bound by the Terms & Conditions accepted by them at the moment of placing the order. Except when the Consumer finds these Terms & Conditions less favorable than the current ones and informs the Seller about their choosing the current version as the binding one.
4. To any matters not regulated herein, the relevant applicable legal provisions shall apply. Any disputes, if the Consumer expresses their willingness to do so, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection, a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court and out-of-court dispute settlement, eg. through The European Online Dispute Resolution (ODR) platform or by selecting any of authorized entities from the UOKiK register. The seller declares his intention and agrees to an out-of-court resolution of the consumer dispute. As a last resort, the matter is resolved by the court of factual and local jurisdiction.