Online store available at https://liftstore.pl/
is run by a business under the name Liftstore spółka z ograniczoną odpowiedzialnością spółka komandytowa at the address of ul. Sadowa 21, 05-850 Jawczyce, NIP: 1182183980, KRS: 0000756751 entered into the National Court Register.
Seller’s contact details:
This document (which is also the regulations under the Act of 18 July 2002 on the provision of electronic services), hereinafter referred to as the “Regulations”, defines the types and scope of electronic services via the Online Store, the rules for concluding sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawing from the contract and the complaint procedure.
- Online shop – online store available at https://liftstore.pl/.
- Seller – business activity under the name Liftstore spółka z ograniczoną odpowiedzialnością spółka komandytowa at ul. Sadowa 21, 05-850 Jawczyce, NIP: 1182183980, KRS: 0000756751 entered into the National Court Register.
- Client – a natural person, legal person or an organizational unit without legal personality, to which the law grants legal capacity, concluding a contract with the Seller.
- Consumer – a natural person making a legal transaction with the Seller not directly related to its business or professional activity.
- Service – electronic services provided by the Seller via the Online Store.
- Sales agreement – a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of a Product.
- Product (Goods) – a product prepared for the Customer’s order, which the Customer purchases via the Online Store.
- The order form – a form available in the Online Store that allows you to place an order and purchase a Product.
- Registration form – a form available in the Online Store that allows you to create a Customer Account.
- Consumer account – a set of resources in the Seller’s ICT system in which information about the Customer is collected, including address information and order history.
- Working day – one day from Monday to Friday, excluding public holidays.
II. General provisions
- The Seller undertakes to provide services to the Customer to the extent and under the conditions set out in the Regulations.
- The Customer undertakes to use the Online Store in accordance with applicable law and principles of social coexistence.
- Klient korzystający z Usług Sprzedawcy zobowiązany jest do przestrzegania niniejszego Regulaminu.
- The Seller complies with the principles of protection of Customers’ personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- The products available in the Online Store are new, free from physical and legal defects.
- Information about the Product on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964, the Civil Code.
- The Seller reserves the right to change the prices of the Products available in the Online Store, introduce new Products as well as carry out and cancel promotional campaigns or make changes to ongoing promotions.
III. Services and general terms and conditions
- The Seller, using the Online Store, provides electronic services consisting of:
- enabling the completion of the order form in order to conclude sales contracts,
- enabling registration and maintenance of a Customer Account.
- Services specified in par. 1 are provided free of charge.
- The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a definite period of time at the moment he starts filling in the form and is terminated when he withdraws from completing the form or when he sends the completed form to the Seller.
- The contract for the provision of electronic services in the form of enabling registration and maintenance of the Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store.
- Setting up a Customer Account (“registration”) is done using the functionality available on the Online Store website – Registration Form.
- Having a Customer Account is required to place an order for Products available in the Online Store.
- Technical requirements necessary to use the services provided by the Seller:
- device with Internet access,
- a web browser that supports cookies,
- access to e-mail.
- The customer bears the fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.
IV. Sales agreement
- Only the Customer with an address for delivery in Poland or another European Union Member State and having an active Customer Account in the Online Store is entitled to place orders in the Online Store.
- The Seller allows placing orders for Products available in the Online Store in accordance with the following methods:
- In order to place an order via the Order Form, the Customer logs in to the Online Store, selects the Product available in the Online Store, specifying the quantity he intends to purchase and indicating additional features of the ordered Product (if applicable). After selecting the Product (adding the Product to the “cart” through the functionality available in the Online Store), the Customer fills in the Order Form, indicating in it the data necessary for the Seller to complete the order, and then confirms placing the order using the “Order and pay” button.
- In order to submit electronically, the Customer provides the Seller with information about the ordered Product and the data necessary to complete the order, in particular identification data, address data and data enabling contact regarding the order (telephone number, e-mail address).
- In order to place an order by phone, the Customer provides the Seller with information about the ordered Product and the data necessary to complete the order, in particular identification data, address data and data enabling contact regarding the order (telephone number, e-mail address).
- After receiving the order, the Seller sends the Customer a statement of acceptance of the order by e-mail to the e-mail address provided when placing the order. Then, the Seller, after verifying the possibility of completing the order, sends the Customer a message confirming the order. As soon as the Customer receives a message confirming the order, the sales contract is concluded.
- The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the ordered Product, the total price to be paid along with delivery costs and the amount of discounts granted (if applicable).
V. Order processing time and delivery
- The Seller executes orders in the order in which they are received (taking into account point VI section 3 of these Regulations).
- The duration of the order includes the preparation, completion, packing and release of the Product by the Seller. The average order fulfillment time is up to 7 working days.
- In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the order completion date will depend on the date of completion by the Seller of the last Product covered by the order, unless agreed otherwise with the Customer.
- If part of the order consisting of several Products is not currently available, the Customer is informed about it by phone or by e-mail and decides on the method of order fulfillment (partial implementation, waiting time extension, cancellation of the entire order or selection of a replacement Product ).
- The delivery time of the Product to the Customer by the carrier in accordance with the delivery method selected by the Customer should be added to the time of order completion. Information on delivery methods and costs are indicated to the Customer when placing the order.
- Orders are issued for delivery to the carrier only on working days.
- After receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, he should draw up a damage report in the presence of the courier and notify the Seller.
- The Seller enables personal collection of the order at its stationary point at ul. Sadowa 21, 05-850 Jawczyce during the opening hours of the point. Personal collection is possible only after prior confirmation by the Seller that the order is ready for delivery.
VI. Payment methods accepted
- The seller allows the following payment methods:
- in the form of a prepayment via electronic transfer via the imoje payment system, whose administrator is ING Bank Śląski S.A.z siedzibą w Katowicach, przy ul. Sokolskiej 34, 40-086 Katowice, entered into the Register of Entrepreneurs in the District Court Katowice-Wschód, VIII Commercial Division of the National Court Register under KRS number 0000005459, with share capital of PLN 130100000.00 and paid-up capital of PLN 130100000.00, being an active VAT payer, having a Tax Identification Number NIP 634 -013-54-75.
- in the form of a prepayment by traditional transfer to the Seller’s bank account.
- The customer is obliged to make the payment within 7 working days from the date of conclusion of the contract. In the absence of payment within the specified period, the sales contract may be terminated.
- The Seller proceeds to fulfill the order upon receiving information from the electronic payment system operator about the correct payment by the Customer or posting the payment to the bank account (in the case of a traditional transfer).
- The Seller documents the sale of the Product with a receipt or VAT invoice. The proof of purchase is delivered to the Customer together with the Product or electronically to the e-mail address indicated by the Customer when placing the order.
- The Customer may choose the following forms of payment for the ordered Goods: BLIK payments, payment card, electronic transfer via the external payment system imoje, operated by ING Bank Śląski S.A. based in Katowice.
- Transactions will be made from the payment links.
VII. Delivery costs
- Delivery costs range from PLN 300 to PLN 5,000 and depend on the size of the shipment.
VII. Warranty for defects in the Product
- According to Art. 556 of the Act of April 23, 1964, the Civil Code, the Seller is liable to the Customer if the Product sold has a physical or legal defect. The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.
- Delivery of the Product as part of the exercise of rights under the warranty for defects is at the expense of the Seller.
- The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Product to the Customer.
- The warranty does not cover defects resulting from improper use of the products.
- Notification of defects in the Product should be sent by e-mail to the address: Sprzedaż@liftstore.pl or in writing to the address of the Seller’s registered office. The application can be submitted on the form constituting Appendix 2 to the Regulations.
- If the sold item has a defect, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a defect-free item or remove the defect.
- The Customer may, instead of the defect removal proposed by the Seller, demand replacement of the item with a defect-free item or, instead of replacing the item, demand removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller.
- The customer may not withdraw from the contract if the defect is insignificant.
- If it is necessary for the assessment of physical defects, the Product should be delivered to the following address: Liftstore spółka z ograniczoną odpowiedzialnością spółka komandytowa at ul. Sadowa 21, 05-850 Jawczyce.
- The Seller responds to the Customer’s notification within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance.
- The Seller covers the costs of collection, delivery, removal of defects or replacement of the Product with a new one.
VIII. Withdrawal from the sales contract
- The customer who is a consumer in connection with art. 27 of the Act of 30 May 2014 on consumer rights, you have the right to withdraw from a distance contract without giving a reason.
- The right to withdraw from the contract is valid within 14 calendar days from the moment the Product is taken into possession by the Customer or a third party indicated by him other than the carrier.
- The right to withdraw from the contract is granted within 14 calendar days to the entrepreneur who makes purchases for purposes not related to the business activity.
- The customer may withdraw from the contract by submitting a statement on the form constituting Appendix 1 to these Regulations, sending it by e-mail to the e-mail address Sprzedaż@liftstore.pl or to the Seller’s postal address.
- To meet the deadline specified in par. 2, it is enough to send a statement of withdrawal from the contract before its expiry.
- The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract.
- The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the item. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of refund, which does not involve any costs for him.
- If the Seller has not offered to collect the Product from the Customer himself, he may withhold the reimbursement of payments received until the Product is returned or the Customer provides proof of its return, depending on which event occurs first.
- If the Customer has chosen a method of delivering the item other than the cheapest usual method offered by the Seller, the Seller is not obliged to reimburse the Buyer for the additional costs incurred by him.
- The Customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
- The Customer bears only the direct costs of returning the Product.
- The product should be delivered to the following address: Liftstore spółka z ograniczoną odpowiedzialnością spółka komandytowa at ul. Sadowa 21, 05-850 Jawczyce.
- In the event of withdrawal from the contract, the consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014 on consumer rights.
IX. Withdrawal from the contract for the provision of electronic services and complaint procedure
- In the case of contracts for the provision of electronic services of a continuous and indefinite nature, the Customer has the right to terminate the contract. The customer may terminate the contract with immediate effect and without giving any reason by sending a notice of termination to the e-mail address: firstname.lastname@example.org.
- The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach by the Customer of the provisions of these Regulations.
In the event of non-performance or improper performance by the Seller of the services provided via the Online Store, the Customer is entitled to submit a complaint by e-mail to the address Sprzedaż@liftstore.pl.
- A properly submitted complaint should contain the Customer’s designation (name and surname or company name, address of residence or company’s registered office address and e-mail address), the subject of the complaint along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint.
- The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.
X. Provisions concerning entrepreneurs
- he provisions of this paragraph apply only to Customers who are not consumers pursuant to art. 22(1) of the Civil Code.
- The Seller reserves the right to withdraw from the sales contract at any time, unless the Product has been released to the Customer, a third party acting on behalf of the Customer or the carrier performing the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to claims on the part of the Customer against the Seller.
- The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to demand prepayment in whole or in part of the order value, regardless of the method of payment chosen by the Customer.
- Based on Article. 558 of the Civil Code, in the event of the sale of the Product to a Customer who is not a consumer, the Seller’s liability under the warranty is excluded.
- Based on Article. 548 §1 of the Civil Code, upon the release of the Product by the Seller to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer.
- The Seller’s liability towards the Customer is limited only to the actual damage incurred by the Customer in connection with the improper performance of the contract by the Seller, with the Seller being liable in an amount not exceeding the value of the order placed by the Customer.
- The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or the Customer’s action in a way that hinders or prevents the provision and implementation of services by the Seller.
- The Seller is not responsible for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable law and applicable principles of social coexistence or customs.
- The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software. Suspension or termination of the services of individual functionalities of the Online Store may not violate the rights of the Customer.
XII. Intellectual property
- All content posted in the Online Store (including graphics, texts, page layout and logos), and not from the Customer or other suppliers, are protected by copyright and are the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
- The Customer is obliged to use any content posted as part of the Online Store only for their own personal use. The use of content in a different scope is allowed only if expressly indicated by the Seller.
Using the Online Store, including the use of text, graphic materials, photos, applications, databases or other content, does not mean the acquisition of any rights by the Customer in relation to the indicated content, and in particular does not mean the acquisition of proprietary copyrights, related rights or licenses.
- It is forbidden to take the following actions without the express consent of the Seller:
- copying, modifying and transmitting electronically or otherwise the Online Store or its parts, as well as individual content made available through it,
- dissemination of content published in the Online Store in any way,
- downloading the content of databases and its secondary use in whole or in part.
XIII. Final Provisions
- The Seller reserves the right to change these Regulations. The Seller shall notify the changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations come into force. The change in the provisions of the Regulations does not apply to Customers who placed an order during the validity of the previous version of the Regulations. Amendments to the Regulations during the duration of the contractual relationship of a continuous nature bind the other party, if the requirements set out in art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.
- In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
- The customer has the option of using out-of-court methods of dealing with complaints and pursuing claims arising from orders placed in the Store. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Voivodeship Inspectorate of Trade Inspection; submitting a request to the Provincial Inspector of the Trade Inspection in Białystok (http://www.bialystok.wiih.gov.pl/) to take actions aimed at out-of-court settlement of the dispute under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823).
- Notwithstanding par. 3 The customer may ask for help from the municipal (poviat) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
- The customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available athttp://ec.europa.eu/consumers/odr/.
- Disputes arising as a result of the provision of services under these Regulations will be resolved:
- to the common court at the Customer’s choice in accordance with the relevant provisions of Polish law, if the Customer is a consumer,
- to the common court competent for the seat of the Seller, if the Customer is not a consumer.
- Appendices to the Regulations constitute its integral part.
- In matters not covered by the regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with with the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
- The Regulations come into force on July 22, 2020.