Terms & Conditions of www.illetto.com online store valid from 01.01.2023 r.
Terms & Conditions of www.illetto.com online store valid from 01.01.2023 r.
§ 1 GENERAL PROVISIONS
1. The IL LETTO online store functions according to the regulations stipulated in these terms and conditions.
2. These Terms and Conditions specify the provisions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and the scope of services provided electronically by the www.illetto.com store, the conditions for providing these services, as well as the conditions for concluding and terminating agreements for the provision of electronic services.
3. Each Customer is obliged to comply with the provisions of these Terms and conditions when using the Electronic Services of the www.illetto.com Store,
4. In matters not covered by these Terms and Conditions, the following shall apply:
4.1. the Polish Act on the provision of electronic services of July 18, 2002,
4.2. the Polish Act on Consumer Rights of May 30, 2014,
4.3. the Polish Act on out-of-court resolution of consumer disputes of September 23, 2016,
4.4. the Polish Civil Code Act of April 23, 1964.
4.5. and other relevant provisions of the Polish law.
§ 2 DEFINITIONS
1. TERMS AND CONDITIONS – the terms and conditions of the online Store IL LETTO
2. STORE – The online store of the Service Provider at the Internet address www.iletto.com
3. ELECTRONIC SERVICE – service provided electronically by the Service Provider for the Consumer thorough the online Store.
4. REGISTRATION FORM – A form available at Internet address www.illetto.com facilitating Account registration.
5. ACCOUNT – a collection of resources in the ICT system of the Service Provider with an individualized login and password, in which data of the Service User are collected, including the information related to placed orders.
6. CONTACT FORM – a form available at the Internet address www.iletto.com facilitating sending a message to the Service Provider
7. ORDER FORM – a form available at the Internet address www.iletto.com facilitating placing an Order.
8. REVIEW SYSTEM – an Electronic Service shared with Service Users by the Service Provider facilitating placing reviews of Products.
9. NEWSLETTER – an Electronic Service enabling the Service User to subscribing to and receiving to a given email address shared by the Service User free of charge information from the Seller about the Products offered in the Store.
10. SELLER, SERVICE PROVIDER – Magdalena Szczap, conducting the business activity under the name of MAGDALENA SZCZAP, entered into the Central Registration and Information on Business (CEIDG) maintained by the minister in charge of economy; place of conducting the business activity and correspondence address: ul. Graniczna 76K/U4, 62-800 Kalisz, Poland, NIP (Tax Identification Number) 6181945491, REGON number 385323584, e-mail address: info@illeto.com, phone number: +48 600 950 954.
11. SERVICE USER – a natural person, a legal person or an organizational entity without legal personality, which is granted legal capacity, using the Store.
12. CLIENT – a Service User who intends to enter into an agreement or has entered a Sales Agreement with the Seller.
13. CONSUMER – a natural person who enters into legal activity with an entrepreneur not directly related to their business or professional activity.
14. ENTREPRENEUR – a natural or legal person, or an organizational entity without legal personality, which is granted legal capacity, conducting in their own name a business or professional activity.
15. PRODUCT – a movable good or service available in the Store being the subject of the Sales Agreement between the Client and Seller.
16. SALES AGREEMENT – Product Sales Agreement concluded between the Client and the Seller through the Store.
17. ORDER – Client will statement constituting an offer of Product Sales Agreement conclusion with the Seller.
18. PRICE – the value expressed in monetary units, which the Client is obliged to pay to the Seller for a Product.
§ 3PRODUCT AND ORDERING INFORMATION
1. The www.iletto.com Store sells Products via the Internet in Poland and internationally.
2. Products offered in the Store are new, in accordance with the agreement and have been legally introduced into the Polish market.
3. The information on the Store’s website shall not constitute an offer. By placing an Order, the Client submits an offer to purchase a specific Product under the conditions specified in its description.
4. The price of the Product shown on the Store’s website is given in Polish zlotys (PLN) or in euros (EUR) and includes all price components, including VAT except customs duties, import taxes and delivery costs.
5. The Price of the Product shown on the Store’s website is binding at the time of placing the Order by the Client. This price will not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer has placed the Order.
6. The Seller clearly informs the Clients about unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of a given Product, which was in force within the period of 30 days before the introduction of the reduction. If the Product is offered for sale in a period shorter than 30 days – the Seller shows the lowest Price of the Product, which was in force within the period from the date of introduction of this Product for sale until the date of introduction of the discount for the Product.
7. Orders can be placed:
7.1. using the website with the Order Form (Store www.iletto.com) – 24 hours a day throughout the year,
7.2. by e-mail to: info@iletto.com
7.3. by phone at: +48 600 950 954.
8. In order to place an Order, the Customer is not required to register an Account in the Store.
9. The condition for placing an Order in the Store by the Customer is to read the Terms and conditions and accept their provisions at the time of placing the Order.
10. The Store executes Orders placed from Monday to Friday during the Store’s working hours, i.e. from 8:00 to 18:00 on working days. Orders placed on business days after 6:00 p.m., on Saturdays, Sundays, and holidays will be processed in the next business day.
11. Products on promotion (sale) are of a limited number of items and such Orders will be processed in the sequence in which they are received until the stock of a given Product has expired.
§ 4 CONCLUDING A SALES AGREEMENT
1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an Order using the methods provided by the Seller in accordance with para. 3 point 7 and 9 of these Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of the Order acceptance referred to in point 2 of this paragraph binds the Customer with their Order. Confirmation of receipt of the Order is conducted by sending a relevant e-mail.
4. Confirmation of receipt of the Order includes:
4.1. confirmation of all essential elements of the Order,
4.2. contract withdrawal form,
4.3. these Terms and Conditions containing information about the right to withdraw from the contract.
5. When the Customer receives the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed with a proof of purchase (a VAT invoice or receipt) which will be attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.
§ 5 METHODS OF PAYMENTS
1. The Seller accepts and provides the following methods of payment:
1.1. payment by traditional bank transfer to the Seller’s bank account,
1.2. payment by an electronic payment system BLIK payments, payment card, electronic transfer via the external payment system imoje, operated by ING Bank Śląski S.A. based in Katowice,
1.3. cash on delivery payment (COD).
2. In the case of payment by traditional bank transfer, the payment should be made to the following bank account number: IBAN PL 95 1050 1201 1000 0097 2464 9620 (Bank ING Bank Śląski S.A.), BIC/SWIFT: INGBPLPW, Addressee: MAGDALENA SZCZAP ul. Władysława Podkowińskiego 19, 62-800 Kalisz, NIP: 6181945491. In the title of the bank transfer, enter “Order No. …”.
3. In the case of payment by an electronic payment system, the Customer makes the payment before starting the execution of the Order. The electronic payment system allows you to make payments by credit card or a quick bank transfer from selected Polish and international banks.
4. In the case of cash on delivery payment , the shipment is sent after the address data are verified as correct. The Client is obliged to pay for the Order and collect the Product from the carrier.
5. The Client is obliged to pay the price under the Sales Agreement within 5 calendar days from the date of its conclusion, unless the Sales Agreement provides otherwise.
6. If you choose the payments described in points 1.1 and 1.2 of this paragraph, the Product will be sent only after the payment is made.
§ 6 COST, DATE, AND METHODS OF PRODUCT DELIVERY
1. The Product delivery costs, which are covered by the Customer, are established during the Order placement process and dependent on payment method and the method of delivery of the purchased Product.
2. The Product delivery date includes the time of completing the Product and the time of delivery of the Product by the carrier:
2.1. The time of completing the Products is included in the description of each Product, it is calculated from the moment of:
a) crediting the payment under the Sales Agreement to the Seller’s account
b) or positive authorization of the transaction by the electronic payment system
c) or acceptance of the Order for execution by the Seller in the case of choosing cash on delivery payment method,
2.2. delivery of Products constituting movable goods by the carrier takes place within the period declared by the carrier, i.e., from 1 to 3 business days from the moment of posting the shipment to domestic (Polish addresses) and within 3 to a maximum of 15 working days in the case of international shipments. The date of delivery of an international shipment depends on the destination country.
3. Products purchased in the Store are sent via parcel lockers or a courier company.
4. If the Product is delivered internationally, the Customer is obliged to pay all customs duties due in the country of receipt of the shipment. If the shipment is held by the customs office and the duty is due to be paid, the Client may not request the cancellation of the Order.
§ 7 PRODUCT COMPLAINTS
1. Warranty claim.
1.1. All Products offered in the Store have a seller’s warranty valid in the territory of the Republic of Poland,
1.2. the warranty period for Products is 24 months and is calculated from the date of delivery of the Product to the Client,
1.3. a warranty card or proof of purchase are the documents entitling to warranty protection,
1.4. guarantor’s details, detailed information on the goods covered by the warranty, data on the duration and terms of the warranty, as well as the Customer’s rights under the warranty are all included in the warranty card which comes together with the Product or is made available on the Store’s website,
1.5. the warranty does not exclude the rights of the Client and the entity referred to in para. 10 of these Terms and Conditions for non-conformity of the Product with the Sales Agreement specified in the Act on consumer rights, which are vested in the Client and the entity referred to in para. 10 by law.
2. Complaint for non-conformity of the Product with the Sales Agreement.
2.1. The basis and the scope of the Seller’s liability to the Client who is a Consumer or an entity referred to in para. 10 of these Terms and Conditions for non-compliance of the Product with the Sales Agreement are stipulated in the Polish Act on consumer rights of May 30, 2014,
2.2. The basis and scope of the Seller’s liability to the Client who is an Entrepreneur, referred to in para. 9 under the warranty, are specified in the Polish Civil Code of April 23, 1964,
2.3. The Seller is liable to the Client who is a Consumer or an entity referred to in para. 10 of these Terms and Conditions for non-conformity of the Product with the Sales Agreement existing at the time of delivery of the Product and discovered within the period of 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting in their name is longer,
2.4. Notification of the non-conformity of the Product with the Sales Agreement and the relevant request can be made by e-mail to the following address: info@illetto.com or in writing to the following address: ul. Graniczna 76K/U4, 62-800 Kalisz, Poland.
2.5. In the above message in written or electronic form, as much information and circumstances related to the subject of the complaint as possible should be contained, particularly the type and date of the non-conformance and contact details of the Client. The information provided will greatly facilitate and accelerate the processing of the complaint by the Seller,
2.6. For the assessment of discrepancies and non-compliance of the Product with the Sales Agreement, the Consumer or the entity referred to in para. 10 of these Terms and Conditions are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense,
2.7. The Seller will respond to the Client’s request immediately, no later than within 14 days of its receipt,
2.8. In the case of a complaint from a Client who is a Consumer or an entity referred to in para. 10 of these Terms and Conditions – failure to process the complaint within 14 days of its submission is equivalent to its acceptance,
2.9. The Client may first request that the Product be replaced or repaired by the Seller. The Client may request a price reduction and withdrawal from the Sales Agreement only in the cases specified in the Act on Consumer Rights of May 30, 2014 (e.g. when the non-conformity of the goods with the Sales Agreement is significant, when the Seller refused to bring the goods into conformity with the Sales Agreement or when the non- conformity of the goods with the Sales Agreement persists even when the Seller has already attempted to make the goods conforming with the Sales Agreement),
2.10. With regards to a justified complaint of a Client who is a Consumer or an entity referred to in para. 10 of these Terms and Conditions, the Seller, correspondingly:
a) covers the costs of repair or replacement and delivery of the Product back to the Customer,
b) reduces the Price of the Product (the reduced price must remain in proportion to the price of the goods conforming to the Sales Agreement to the goods that are not in non-conformity with the Sales Agreement) and returns the portion of the reduced price to the Consumer or the entity referred to in para. 10 no later than within 14 days of receipt of the price reduction statement from a Consumer or an entity referred to in para. 10,
c) in the event of withdrawal from the Sales Agreement by the Consumer or the entity referred to in para. 10 – the Seller returns the Price of the Product to the Consumer no later than within 14 days from the date of receipt of the returned goods or proof of sending them back to the Seller. In the event of withdrawal from the Sales Agreement, the Consumer or the entity referred to in para. 10 is obliged to immediately return the goods to the Seller at the Seller’s expense,
2.11. The response to the complaint is provided on paper or another durable medium, e.g., an e-mail or a text message.
§ 8 WITHDRAWAL FROM THE SALES AGREEMENT
1. Except for point 10 of this paragraph, the Client who is also a Consumer or an entity referred to in para. 10 of these Terms and Conditions who concluded a distance Sales Agreement may withdraw from it without giving any reasons by submitting a relevant statement within 14 days. In order to meet this deadline a statement of withdrawal from the Sales Agreement provided by the Store must be sent to the Seller.
2. In the event of withdrawal from the Sales Agreement, the Sales Agreement is considered void and null, and the Consumer or the entity referred to in para. 10 of these Terms and Conditions are obliged to return the Product to the Seller or to the person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which The Consumer withdrew from the contract, unless the Seller offered to collect the Product on their own. In order to meet this deadline, the Product must be sent back to the Seller before the 14-day period.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Graniczna 76K/U4, 62-800 Kalisz, Poland.
4. The Consumer or the entity referred to in § 10 of these Terms and Conditions shall be liable for the decrease in the value of the Product as a result of using it in a way that is beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in in para. 10 about the method and time limit for exercising the right to withdraw from the Sales Agreement and did not provide the Consumer with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in para. 10 of the Regulations should handle the Products and check them only in the same manner as they would in a stationary store.
5. Except for points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the delivery costs using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in para. 10 of these Terms and Conditions expressly agreed to a different return method which is at no cost to them. Except for point 7 of this paragraph, the return will take place immediately, and no later than within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in para. 10 of these Terms and Conditions have chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them at the purchase.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in para. 10 of these Terms and Conditions, they may withhold the reimbursement of payments received from the Consumer until the goods are returned or delivered by the Consumer or the entity referred to in § 10 of the Regulations, or providing the proof of returning, depending on which event occurs first.
8. The Consumer or the entity referred to in § 10 of the Regulations withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bear only the costs of returning the Product to the Seller.
9. The 14-day period in which the Consumer or the entity referred to in para. 10 of these Terms and Conditions may withdraw from the contract is calculated as follows:
9.1. For a Sales Agreement under which the Seller issues the Product and is obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in para. 10 of these Terms and Conditions (or a third party indicated by them other than the carrier) took possession of the Product,
9.2. for a Sales Agreement that covers various Products that are delivered separately, in batches or in parts – from taking possession of the last Product, its batch or part,
9.3. for a Sales Agreement with regular delivery of the Product for a definite period of time – from taking possession of the first of the Products,
9.4. for other Sales Agreements – from the date of conclusion of the Sales Agreement.
10. The right to withdraw from a remote Sales Agreement is not available to the Consumer or the entity referred to in para. 10 of these Terms and Conditions in the following Sales Agreements:
10.1 in which the subject of the service is a non-prefabricated good, manufactured according to the consumer’s specifications or serving to satisfy their individual needs,
10.2 in which the subject of the service is a good delivered in a sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery,
10.3 in which the subject of the service is a good which, because of their nature, are after the delivery inseparably connected with other items,
10.4 for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully completed the service with express and prior consent of the Consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur, he would lose the right to withdraw from the Sales Agreement and acknowledged this,
10.5 in which the subject of the service is a good that deteriorates quickly or has a short shelf-life.
11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Client in the event of failure by the other party of the Sales Agreement to fulfill their obligation within a strictly precise period.
§ 9 BUSINESS TO BUSINESS (B2B) PROVISIONS
1. This paragraph contains provisions relating only to entrepreneurs not covered by the protection resulting from the Act on Consumer Rights, referred to in para. 10 of these Terms and Conditions.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a Consumer within 14 business 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 on the part of the Client who is not a Consumer against the Seller.
3. The Seller has the right to limit the payment methods provided by the Seller to Clients who are not Consumers, including requesting prepayment of a part or all of the Price, regardless of the payment method chosen by the Client and regardless of the fact of concluding the Sales Agreement.
4. The benefits and burdens related to the Product and the risk of accidental loss or damage of the Product are transferred to the Client who is not a Consumer when the Seller discharges the Product to the carrier. In these cases, the Seller shall not be liable for the loss, shortage, or damage of the Product arising from the moment of accepting the Product for transportation until the delivery to the Client, as well as for delays in the transportation of the shipment.
5. If the Product is sent to the Client by a carrier, the Client who is not a Consumer is obliged to examine the shipment in time and in the manner customary for such shipments. If the Client finds that the Product has been lost or damaged during transportation, they are obliged to take all necessary actions to determine the liability of the carrier.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving any reasons by sending a notice of termination to the Service User who is not a Consumer.
§ 10 PROVISIONS CONCERNING ENTREPRENEURS AS CONSUMERS
1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the Sales Agreement they conclude with the Seller is directly related to his business activity, however, the content of this Sales Agreement states that it is not of a professional nature for them, resulting in particular from the subject of their business activity.
2. A person conducting a business activity referred to in point 1 of this paragraph is protected only in the scope of:
2.1. prohibited provisions of the agreement,
2.2. liability for non-compliance of the Product with the agreement,
2.3. the right to withdraw from a remote agreement,
2.4. rules for agreements for the supply of digital content or a digital service.
3. The entrepreneur referred to in point 1 of this paragraph loses their rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Business (CEIDG) of the Republic of Poland, in particular the codes of the Polish Classification of Activities specified therein.
4. The entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by the consumer rights advocates as well as the President of the Office of Competition and Consumer Protection.
§ 11 TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services through the Store, such as:
1.1. concluding Product Sales Agreements,
1.2. maintaining an Account in the Store,
1.3. Review System,
1.4. Newsletter,
1.5. sending messages with the Contact Form.
2. The provision of Electronic Services to Service Users in the Store is done under the conditions set out in these Terms and Conditions.
3. The Service Provider has the right to place advertisement content on the Store’s website. This content is an integral part of the Store and the presented materials.
§ 12 CONDITIONS FOR THE CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of Electronic Services specified in para. 11 point 1 of these Terms and Conditions by the Service Provider is free of charge.
2. The period of the agreements:
2.1. the agreement for the provision of Electronic Services consisting of facilitating the submission of Orders in the Store is concluded for a definite period and terminates at the moment of placing the Order or ceasing of Order placement by the Service User,
2.2. the agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period. The conclusion of the agreement takes place at the moment of sending the completed Registration Form by the Service User,
2.3. the agreement for the provision of Electronic Services consisting of the use of the Review System is concluded for a definite period and terminates when the opinion is posted or the Service User ceases to use the Service,
2.4. the agreement for the provision of Electronic Services consisting of the use of the Newsletter is concluded for an indefinite period,
2.5. the agreement for the provision of Electronic Services consisting of facilitating the distribution of messages to the Service Provider via the Contact Form is concluded for a definite period of time and terminates when the message is sent or ceased to be sent it by the Service User.
3. Technical requirements necessary for cooperation with the ICT system operated by the Service Provider:
3.1. a computer (or mobile device) with Internet access,
3.2. access to e-mail,
3.3. a web browser,
3.4. enabling Cookies and JavaScript in the web browser.
4. The Service User is obliged to use the Store in a manner consistent with the law and good practice, considering respect for personal rights and intellectual property rights of third parties.
5. The Service User is obliged to enter factual data.
6. The Service User is disallowed to provide unlawful content.
§ 13 COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES
1. Complaints regarding the provision of Electronic Services in the Store may be submitted by the Service User by e-mail to the following e-mail address: info@illetto.com
2. The e-mail address given above should contain as much information and circumstances as possible regarding the subject of the complaint, particularly the type and date of the non-conformity and contact details. The information provided will greatly facilitate and accelerate the processing of the complaint by the Service Provider.
3. Processing of the complaint by the Service Provider begins immediately, not later than within 14 days from the date of notification.
4. The Service Provider’s response for the complaint is sent to the Customer’s e-mail address provided in the complaint or in a different manner provided by the Service User.
§ 14 CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the agreement for the provision of Electronic Services:
1.1. an agreement for the provision of Electronic Services of a continuous and indefinite nature (keeping an Account, Newsletter) may be terminated,
1.2. The Service User may terminate the agreement with immediate effect and without giving any reasons by sending a relevant statement by e-mail to the following address: info@illetto.com or by deleting the Account,
1.3. The Service Provider may terminate the agreement for the provision of Electronic Services of a continuous and indefinite period in the event that the Service User violates the Terms and Conditions, particularly in the event of providing unlawful content after being given an ineffective prior request to cease the violations with an appropriate deadline. In this case, the agreement expires after 7 days from the date of submitting a declaration of will to terminate it (notice period),
1.4. Agreement termination leads to termination of the legal relationship with effect for the future.
2. The Service Provider and the Service User may terminate the agreement for the provision of Electronic Services at any time as arranged by the parties.
§ 15 INTELLECTUAL PROPERTY
1. All content posted on the website www.iletto.com is protected by copyright and (except for para. 15 point 3 and elements posted by the Service Users, used under license, transfer of copyright or fair use) are the property of Magdalena Szczap conducting business activity under the name MAGDALENA SZCZAP entered into the Central Register and Information on Business of the Republic of Poland kept by the minister in charge of economy, place of business and address for delivery: ul. Graniczna 76K/U4, 62-800 Kalisz, Poland, NIP: 6181945491, REGON: 385323584. The Service User has full responsibility for damage caused to the Service Provider, resulting from the use of any content of the website www.illetto.com without the consent of the Service Provider.
2. Any use by anybody, without the express written consent of the Service Provider, of any of the elements that constitute the content and subject matter of the website www.illetto.com is a violation of the Service Provider’s copyright and results in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Store’s website at www.iletto.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.iletto.com are used for information purposes.
§ 16 FINAL PROVISIONS
1. Agreements concluded through the Store are concluded under the Polish law.
2. In the event of non-compliance of any part of these Terms and Conditions with the applicable law, the relevant provisions of the Polish law apply in place of the disputed provision of these Terms and Conditions.
3. Any disputes arising from the Sales Agreements between the Store and the Clients will be settled first in negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. Nonetheless, if this should not be possible or would not be satisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 5 of this paragraph.
4. Court dispute resolution:
4.1. any disputes arising between the Service Provider and the Service User (Client) who is also a Consumer or an entity referred to in para. 10 of these Terms and Conditions, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
4.2. any disputes arising between the Service Provider and the Service User (Client) who is not a Consumer, as referred to in para. 9 of these Terms and Conditions, shall be submitted to the court having jurisdiction over for the seat of the Service Provider.
5. The Client who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Regional Inspectorates of the Commercial Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the municipal consumer advocate or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
6. In order to resolve a dispute amicably, the consumer may in particular submit a complaint by the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.
