Terms and Conditions

The Online Store Lolobaby available at the address www.lolobaby.pl (hereinafter: “Online Store” or “Store”) is operated by Arkadiusz Cichocki, running a business activity under the name Savona Arkadiusz Cichocki, registered address: ul. Rynek Kościuszki 8/1, postcode: 15-426 Białystok, Poland, Tax ID no. (polish NIP): 5421139867, National Business Registry Number (polish REGON): 050608688, Database on products and packaging and waste management No. (polish BDO): 000194012 (hereinafter: “Seller”), registered in the Central Register and Information on Business Activity.

Correspondence address and contact details:
Sklep Online Lolobaby
ul. Rynek Kościuszki 8/1
15-426 Białystok
woj. Podlaskie
Poland

E-mail address:
kontakt@lolobaby.eu

Address for returns and complaints:
Magazyn Lolobaby
ul. Fabryczna 101
15-119 Bialystok
woj. Podlaskie
Poland

 

I. GENERAL PROVISIONS

  1. These Terms and Conditions define the rules for using the Online Store and purchasing products offered in the Store, delivery and payment methods, the principles of the complaint procedure, withdrawal from the contract, rules for registration and use of registered user account, as well as rules for sending the Newsletter.
  2. Condition for buying in the Online Store is to read the content of these Terms and Conditions and its acceptance by checking the active checkbox marked “I accept the Terms and Conditions and Privacy Policy” visible during the ordering process.
  3. In order to view the contents of the Online Store it is necessary to have a device that allows access to the Internet, including a program used to view its resources. To make a purchase in the Online Store, it will be also necessary to have an active e-mail account and a registered user account. In order to properly display and browse the resources and offer of the Online Store, the user should use a web browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, etc.
  4. User or buyer is obliged to use the Online Store in a manner consistent with its intended use and the provisions of these Terms and Conditions. It is forbidden to provide unlawful content while using the Store, in particular by sending such content via a contact form.
  5. The Seller does not charge any fees for communication with him when using the means of remote communication and the user and/or buyer shall bear the costs thereof in the amount resulting from the agreement concluded with the supplier providing the user with services enabling such remote communication.

II. USER ACCOUNT

  1. In order to make purchases in the Store it is necessary to create a registered user account. Browsing the Store contents does not require registration.
  2. Condition for the creation of a customer account (registered user account) in the Online Store is to read the content of these Terms and Conditions and Privacy Policy and their acceptance by checking the active checkbox marked “I accept the Terms and Conditions and Privacy Policy” visible during he user registration process.
  3. When creating a registered user account in the Store, you will be asked to fill in a form for this purpose by providing your name, surname and e-mail address. You will also be asked to set a password to protect access to your account against unauthorized persons. Your e-mail address will also serve as a login to your account. After the registration you can at any time log in to your customer account and make changes to the data you have entered.
  4. The customer’s registration in the Store is confirmed via e-mail. As a registered user you can remove your account from the Store at any time. Deleting an account from the Online Store is tantamount to termination of the contract for free provision of electronic services consisting in maintaining a registered user account by the Store.
  5. The account user is responsible for the security and proper use of login and password, which should be kept confidential. In the event of circumstances indicating the suspicion that the customer’s login or password is in the possession of an unauthorized person, please immediately notify the Store about this fact.

III. RULES FOR PLACING ORDERS

  1.  Orders in the Online Store can be placed 24 hours a day, 7 days a week, throughout the year. In the event of a malfunction or the need to carry out update works on the Store or similar works, the use of the Store or some of its functionalities may be disabled or limited. In this case, however, the Seller will make every effort to remove the malfunction as soon as possible, and in the case of work that can be planned in advance, the Seller will inform users in advance of possible disruptions.
  2. Orders in the Online Store can be placed after user registration (Online Store does not allow shopping as a guest, i.e. without prior registration), in accordance with the procedure described in point. II of these Terms and Conditions.
  3. In order to place the order, it is necessary to add the product or products to the shopping cart and complete the order form.
  4. Orders may be placed by natural persons with full legal capacity or legal persons.
  5. The Buyer will be asked to provide full and truthful data needed to ship the products. Providing incomplete or false data may cause a delay in the delivery of the products.
  6. After placing an order, the Seller immediately confirms to the buyer its receipt and at the same time accepts the order for implementation. Confirmation of the order takes place by sending by the Seller to the customer the appropriate e-mail message to the e-mail address provided by the customer during placing the order (confirmation of the contract). As soon as the Customer receives the order confirmation, the contract of sale between the Customer and the Seller is concluded. If you do not receive the order confirmation, please
    verify if the message from the Seller is not in SPAM, and in case of its absence, please contact us by phone or e-mail.
  7. In case the Seller offers personalized or customized products (according to the description of the product), then the conclusion of the contract takes place at the time the Seller confirms the order via individual email arrangements.

IV. METHOD AND TERMS OF PAYMENT

  1. When ordering in the Store, you can make payments in the following way:
    1. BLIK payments if the Buyer’s bank offers payments via the BLIK application – payment in advance. Payment via BLIK application requires a smartphone with access to the Internet.
    2. Payment via Przelewy24 – payment in advance.
    3. Payment by credit/debit card – payment in advance.
  2. All product prices shown in our Store are gross prices (include VAT tax) and are expressed in polish Zlotys or euro, depending on the currency display settings selected by the buyer on the Store’s website. Payment for the products is made in polish zloty or euro, depending on the chosen payment method, as per the currency indicated in the order confirmation.
  3. Price listed for each product does not include delivery costs. Delivery costs will be automatically added to the order total in the process of placing the order, i.e. during the subsequent steps of the purchase path within the Store, after the buyer has selected the appropriate delivery option.
  4. For each purchased product, the Seller will issue proof of purchase (receipt or invoice). Acceptance of these Terms and Conditions shall at the same time constitute the consent to the sending of billing documents in electronic form.

V. DELIVERY OF PRODUCTS

  1. We deliver our products throughout the European Union by registered mail. The buyer chooses the delivery method during the ordering process, according to the delivery methods currently offered by the Store.
  2. The delivery costs are borne by the buyer. The current delivery costs are listed in the “Delivery” tab at our Online Store website and additionally during the shopping path.
  3. Products purchased in the Online Store are shipped within 2 working days from positive authorization of payment. To this time should be added the time necessary for the chosen carrier to carry out the transport service (usually 1-2 working days within Poland, and for other EU countries – up to 7 working days).

VI. RIGHT OF WITHDRAWAL

  1. The provisions of this Chapter VI shall apply only to a buyer who is a consumer and to the entrepreneur with consumer rights.
  2. A consumer is a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
  3. A natural person concluding a contract directly related to his business activity is considered an entrepreneur with the consumer rights, if the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis
    of the provisions on the Central Register and Information on Business Activity (polish Centralna Ewidencja i Informacja o Działalności Gospodarczej).
  4. A buyer who is a consumer or an entrepreneur with consumer rights within the meaning of sec. Above may withdraw from the distance sales contract without giving a reason and incurring additional costs in this respect, except for the direct costs of returning / sending the products back to the Seller, and subject to sec.5 below.
  5. The right to withdraw from a distance contract shall not apply in a situation where the subject of the order is a non-prefabricated item, manufactured according to the buyer’s specification or adapted to his individual needs and/or wishes.
  6. The right to withdraw from the contract can be exercised within 14 days from the date of receipt of goods by the consumer or an entrepreneur with consumer rights within the meaning of sec. 3, or a third party indicated by him other than the carrier, by submitting an appropriate statement to the Seller.
  7. In order to comply with the deadline for withdrawal from the sales contract it is sufficient to send an appropriate statement by e-mail to the address: kontakt@lolobaby.eu or in writing to the Seller’s correspondence address indicated in the introduction to these Terms and Conditions. You can use the modal withdrawal form we have prepared for you for this purpose. Click here to download the withdrawal form.
  8. In the case of withdrawal from the sales contract, the contract shall be considered as unconcluded (within the scope of which the withdrawal applies), and the parties shall be obliged to return what they have mutually provided.
  9.  The consumer or an entrepreneur with consumer rights within the meaning of sec. 3 is obliged to return the products to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. In order to meet the deadline, it is sufficient to send back the products before the expiry of the aforementioned term.
  10. When sending the returned product back to us, please make sure that it is packed in a way that ensures safety and no damage to the shipment during transport. We also kindly ask that the product is packed in its original packaging and has tags. Sending the products in their original packaging guarantees their safety during transport.
  11. The consumer or an entrepreneur with consumer rights within the meaning of sec. 3 who withdraws from the contract is responsible for the reduction in the value of the product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
  12. The Seller is obliged to immediately, but not later than within 14 days from the date of receipt of the declaration of withdrawal from the sales contract, return all payments made by the party withdrawing from the contract, i.e. the purchase price and delivery costs, subject to sec. 13 and sec. 14 below. In the event of a partial return of the order, the above-mentioned shipping costs will not be reimbursed.
  13. The Seller has the right to withhold the reimbursement of payment received from the consumer or an entrepreneur with consumer rights within the meaning of sec. 3, who withdraws from the contract until the products are returned or proof of their return is provided, whichever occurs first.
  14. If the consumer or an entrepreneur with consumer rights within the meaning of sec. 3, who withdrew from the contract, has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Seller, the Seller shall not be obliged to reimburse additional costs, i.e. beyond the least expensive standard delivery method offered by the Store.
  15. We will make a refund of the payment using the same payment method as chosen by you when placing the order, unless you expressly agree to a different method of refund, e.g. to specified bank account.
  16. In any event, you will not incur any fees related to the reimbursement of the payment by us.

VII. COMPLAINTS

  1. All products in the Store’s offer are new and covered by a warranty on the terms set out under binding laws. The Seller undertakes to deliver products without defects.
  2. If the buyer finds a defect in the product, he is entitled to make appropriate claims in accordance with binding laws, in particular the buyer may demand:
     repair of the products free of charge,
     replacement of the products with a new one,
     price reduction,
     withdrawal from the contract with reimbursement of mutual benefits – if the defect is significant.
  3. The buyer can report his claims regarding product defects in particular to the e-mail address: kontakt@lolobaby.eu. Complaints may also be submitted in another way chosen by the buyer, e.g. by sending a complaint to the Store’s correspondence address indicated in the introduction to these Terms and Conditions. If possible, please enclose with the complaint a proof of purchase of the product (e.g. receipt or invoice), which will make it easier for the Seller to identify the order and to determine such circumstances as: place and date of sale, products ordered, price.
  4. In order to speed up and improve the complaint process, please include in your complaint letter following information: full name, order number, the reason for the complaint (product defect), the date of receipt of products and the date on which the product defect was found, as well as the claim you wish to make. Please also provide contact information so that we can contact you regarding your complaint and let you know how we propose to resolve it (phone number or email address, depending on your individual preference as to
    how to contact you). To facilitate the complaint procedure, you may use the complaint form available here. Please enclose the complaint form to the return shipment with the claimed product.
  5. The claimed product should be sent to the Seller’s address (address for returns and complaints given in the introduction to these Terms and Conditions). Please also make sure that the packaging of the claimed product protects it from damage during transport as much as possible.
  6. Complaints about the Newsletter service and other services provided electronically, including irregularities in the operation of the Online Store or registered user’s and/or customer’s account, can be submitted via email to kontakt@lolobaby.eu.
  7. The complaint will be settled within 14 days. We will notify you about the way of settlement of the complaint by e-mail.
  8. If the complaint will not be accepted by the Seller, the products will be returned, together with the opinion as to the unfoundedness of the complaint.
  9. In case of positive settlement of the complaint in a manner justifying the return of payment for the purchased products, payment will be refunded as soon as possible, but no later than within 14 days from the date of acceptance of the complaint by the Seller. Reimbursement shall be made in a manner analogous to that in which payment for the products was made.

VIII. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING
THEM

  1. A buyer who is a consumer has the possibility to use the out-of-court ways of dealing with product complaints, especially if you as a consumer are not satisfied with the way the complaint was handled by the Seller. The out-of-court settlement of claims after the complaint procedure is free of charge for the consumer. The use of this form of dispute resolution is voluntary and may take place only when both parties to the dispute agree to it.
  2. Detailed information about the possibility of out-of-court complaint handling and claim procedures by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
    http://www.uokik.gov.pl/spory_konsumenckie.php,
    http://www.uokik.gov.pl/sprawy_indywidualne.php , and http://www.uokik.gov.pl/wazne_adresy.php.
  3. A consumer has the following options of using out-of-court methods of settling complaints and asserting claims:
     A consumer is entitled to apply to a permanent amicable consumer court with a request to resolve a dispute arising from the sales contract concluded with the Seller, referred to in Article 37 of the Act on Trade Inspection,
     The Consumer is entitled to apply to the regional inspector of the Trade Inspection, in accordance with Article 36 of the Act on Trade Inspection, to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller,
     A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
  4. In the case of a buyer who is a consumer, wishing to use the out-of-court settlement of claims, there is in addition – that is irrespective of the options indicated in sec. 1- 3 above – the possibility to pursue claims in accordance with the procedure of Online Dispute Resolution (ODR) developed by the European Commission available at https://webgate.ec.europa.eu/odr.

IX. Newsletter

  1. The Seller offers a Newsletter service.
  2. Newsletter is a free of charge service provided by the Seller electronically to the user consisting in sending electronic letters, through which the Seller informs about promotions, discounts, products, services and important marketing actions or other information that may be important from the Seller’s point of view, and/ or in order to pursuit the Controller’s legally justified purpose, which is direct marketing.
  3. The subscription to the Newsletter takes place via the subscription form available on the Store’s website, after the user gives consent to receive from the Seller marketing and commercial information by means of electronic communication, e.g. e-mail (within the meaning of the (polish) Act on Electronic Provision of Services), and consent to the use by the Controller of the user’s telecommunications terminal equipment (e.g. phone, tablet, computer) for direct marketing of the Seller’s products and services and presentation of
    commercial information to the user (in accordance with Article 172 (1) of the (polish) Telecommunications Act)
  4. The above consents are voluntary, but necessary to send the Newsletter, including information about services, new products, promotions, discounts, special actions of the Seller, etc. Consent may be withdrawn at any time, which will result in the cessation of sending the Newsletter in accordance with the principles contained in the Privacy Policy.
  5. Subscribing to the Newsletter requires providing an e-mail address. The data obtained in this way are added by the Seller to the Newsletter’s mailing database.
  6. The Newsletter is sent for an indefinite period, from the moment of subscription until the consent is withdrawn.
  7. The mailing system used to send the Newsletter records all activity and actions taken by the user related to the e-mails sent to him (date and time of opening the message, clicking on the links contained in the e-mail, the moment of unsubscribing, etc.). These data may be used by the Seller for analytical and statistical purposes or to better match the offer.

X. PERSONAL DATA PROTECTION

  1. The Controller of the personal data provided by the buyer in the process of order placement, as well as in connection with the provision of electronic services by the Seller (registered user account, newsletter) is the Seller.
  2. The Seller processes the personal data of users in accordance with applicable law, in particular in accordance with the Regulation (EU) 2016/679 of t e European Parliament and of the Council of 27 April 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 (General Data Protection Regulation). For more details about how the Seller processes the personal data of the users please see Privacy Policy

XI. FINAL PROVISIONS

  1. In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. However, these Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller and which cannot be excluded by agreement. Seller warrants in this case the consumer protection afforded to him by such more favorable provisions.
  2. The Seller has the right to make changes to these Terms and Conditions in particular in the event of important reasons such as:
     changes in the provisions of law having a direct impact on the content of these Terms and Conditions,
     imposition of certain obligations on the Seller by state authorities,
     changes to the product price list, introduction of new delivery methods,
     improving the operation of the Store,
     improving the protection of users’ privacy
     changes to the Privacy Policy affecting the content of these Terms and Conditions,
     fraud prevention and security reasons,
     technological and functional changes,
     changes in the scope of provided services, including introduction of new services,
     editorial changes,
     changes to the Seller’s identification data.
    If changes are made to the Terms and Conditions, they will be published on the website of the Store, under the tab: Terms and Conditions.
  3. The amended Terms and Conditions shall come into force within 10 days from the announcement.
  4. Registered Buyers will be notified about changes to the Terms and Conditions and their scope by e-mail (to the e-mail address provided during registration or ordering). The notification will be sent at least 7 days before the new (amended) Terms and Conditions come into force.
  5. Orders placed before the amendments to Terms and Conditions come into force will be realized according to the previous rules, i.e. according to the content of the Terms and Conditions from the date of the order and acceptance of these rules.
  6. All graphic elements, layout, and composition of the Store’s websites (the so-called layout) are the propertyof the Seller and are subject to copyright protection, and may additionally be subject to industrial property protection, including trademark registration and protection rights, and may not be used by third parties without the consent of the Seller.
  7. These Terms and Conditions shall be effective from 01.06.2021.

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