Luc Store

A contract between the Buyer and the Seller may be concluded in two ways.

Before placing his or her order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those provisions which change the provisions of these terms of use. The negotiations shall be held in writing and sent to the Seller’s address (My Consulting Michał Kordas, 12 Słonecznikowa Street, Dobrzykowice 55-002, Poland).

If the Buyer relinquishes the possibility of concluding the contract through individual negotiations, these terms of use and proper legal regulations shall apply.

TERMS OF USE

§1 Definitions

1. Postal address – the first and last name or the name of an institution, location in a town (in case of a town divided into streets: street, building no., apartment or office no.; in case of a town not divided into streets: name of the town and building no.), the postal code and town.

2. Complaint address:

Luc Store
12 Słonecznikowa Street
Dobrzykowice 55-002, Poland

3. Delivery price-list – based on Poczta Polska’s price-list (products are sent by the Polish post) and depends on the size and weight of a given package. Economic delivery is recommended within the borders of the Republic of Poland. Registered delivery to other countries.

4. Contact information:

Luc Store
12 Słonecznikowa Street
Dobrzykowice 55-002, Poland
e-mail: [email protected]

5. Delivery – a type of transport service with the transport company and costs specified, named on the delivery price-list given in these terms of use.

6. Proof of purchase – an invoice, bill or receipt issued according to the Goods and Services Tax Act of March 11, 2004 with further amendments and other applicable laws.

7. Product data sheet – a single subpage of the shop containing information about a specific product.

8. Customer – an adult natural person of full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase directly related to his, her or its economic or professional activity.

9. Civil Code – the Civil Code of April 23, 1964 with further amendments.

10. Code of good practice – the collection of rules of conduct, especially ethical and professional norms mentioned in art. 2 p. 5 of the Act on Combating Unfair Commercial Practices of August 23, 2007 with further amendments.

11. Consumer – an adult natural person of full legal capacity making a purchase not related directly to his or her economic or professional activity at the Seller’s shop.

12. Basket – the list of products including products offered at the shop compiled on the basis of the Buyer’s choices.

13. Buyer – both the Consumer and the Customer.

14. Place of handing over the item – the postal address or place of receipt specified by the Buyer in the order.

15. Time of handing over the item – the moment the Buyer or a third party selected by him or her collects the item.

16. Payment – the method of paying for the subject of the contract and its delivery (available: a standard bank transfer or PayPal).

17. Consumer Law – the Act on Consumer Rights of May 30, 2014.

18. Product – the minimum, indivisible number of items which may be the subject of an order and which is presented at the Seller’s shop as a unit of measurement while specifying its price (price per unit).

19. Subject of the contract – products and delivery being the subject of the contract.

20. Object of performance – the subject of the contract.

21. Place of receipt – the place of handing over the item, which is not the postal address, mentioned in the collation made available by the Seller at the shop.

22. Item – a movable item which might be or is the subject of the contract.

23. Shop – the website available at lucstore.com, through which the Buyer may place his or her order.

24. Seller:

My Consulting Michał Kordas
12 Słonecznikowa Street
Dobrzykowice 55-002, Poland
NIP: 897-167-08-07, REGON: 022138980
registered and visible in the CEIDG at: here
BANK ACCOUNT: 50 1950 0001 2006 0517 6494 0002  (Bank Pekao SA)

25. System – the set of IT devices and software working together to process and store as well as send and receive data through telecommunication networks by means of an end device proper to a given type of network, commonly known as the internet.

26. Completion date – if the product (postcard, poster, mug) is available on the shop’s website, the order is sent on the next business day after being placed; if it is not, the preparation of the order may take up to 7 business days. In case of photographs or non-stadard products, the preparation of the order may take over 7 business days.

27. Contract – the contract concluded outside the entrepreneur’s premises or remotely in accordance with the Act on Consumer Rights of May 30, 2014 in case of Consumers and the contract of sale in accordance with art. 535 of the Act, the Civil Code of April 23, 1964, in case of Buyers.

28. Defect – both a physical and a legal defect.

29. Physical defect – nonconformity of the sold item with the contract, especially if the item:

    • does not have the properties which an item of this type should have in relation to its purpose specified in the contract or arising from the circumstances or application;

    • does not have the properties of the existence of which the Seller has assured the Consumer;

    • is unsuitable for the purpose about which the Consumer informed the Seller when the contract was concluded and the Seller did not have any reservations concerning this purpose;

    • was handed over to the Consumer incomplete;

    • in case of its improper installation and start-up if the actions were performed by the Seller or a third party for whom the Seller takes responsibility or by the Consumer who followed instructions given by the Seller;

    • does not have the properties of which the producer or his or her representative or the person marketing the item as part of conducting his or her economic activity and the person who, by placing his or her name, trademark or any other distinguishing sign on the sold item introduces himself or herself as the producer has assured the Buyer, unless the Seller did not assure the Buyer of any such thing or did not know about this assurance or, upon reasonable evaluation, could not have known about it, or which could not influence the Consumer’s decision to conclude the contract or if its content had been corrected before the contract was concluded.

30. Legal defect – a situation in which the sold item is the property of a third party or is encumbered by a third party’s right as well as if the restriction on its use arises from the proper body’s decision or verdict;

31. Order – the declaration of the Buyer’s intent placed by means of the shop unambiguously specifying the type and amount of products, the method of delivery, the method of payment, the place of handing over the item, the Buyer’s personal information, directly aiming at the conclusion of a contract between the Buyer and the Seller.

§2 General provisions

1. The contract is concluded in the Polish language, according to the Polish law and these terms of use.

2. The place of handing over the item must be located within the borders of the Republic of Poland or any other country in which Poczta Polska provides services.

3. The Seller is obliged and undertakes to provide services and deliver items free from defects.

4. All prices given by the Seller are in the Polish and American currency and are gross rates (they include VAT). The prices of products do not include delivery costs given on the delivery price-list.

5. All dates and periods are calculated according to art. 111 of the Civil Code, which means that a period given in days ends when the last day elapses, and if the beginning of a period given in days is a certain event, the day on which this event takes place is not taken into consideration while calculating the period.

6. The Seller informs the Buyer about all guarantees known to him offered by third parties on products available at the shop.

7. The Seller does not collect any payments for communication with him which utilizes means of remote contact and the Buyer will incur the costs at the price arising from the contract which he or she has concluded with the third party providing remote communication services to him or her.

8. The Seller ensures the proper functioning of the shop as the Buyer uses the system in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the newest versions of Java and Flash installed; on screens with horizontal definition of more than 1024 pixels. The use of software affecting the functioning and functionality of the browsers Internet Explorer, FireFox, Opera, Chrome, Safari by third parties may impact the proper displaying of the shop’s website; therefore, in order to obtain the complete functionality of the shop lucstore.com, one should turn them all off.

9. The Buyer may use the option of remembering his or her information by the shop in order to facilitate the process of placing another order. To do so, the Buyer should type his or her username and password necessary to obtain access to his or her account. The username and the password are a sequence of characters selected by the Buyer, who has the obligation to keep them secret and protect them from third parties. The Buyer may at any time access, correct and update his or her information as well as remove his or her account from the shop.

10. The Seller follows the code of good practice.

11. The buyer is obliged to:
    • not to produce and deliver content prohibited by the law rules, eg. the contents violent, defamatory or violating personal rights and other rights of third parties
    • use of the store without disturbing the operation, particularly through the use of specific software or devices
    • refrain from actions such as sending or posting within the Shop unsolicited commercial (spam)
    • use the shop without major inconvenience to other buyers as well as for seller,
    • use of any content contained in the store only for personal use,
    • use of a shop in a manner consistent with the provisions applicable to Republic of Polish law, the provisions of the Rules and also with the general rules of netiquette.

§3 Conclusion and performance of the contract

1. Orders may be placed 24 hours a day.

2. To place his or her order, the Buyer should perform at least three of the following actions, some of which may be repeated a few times:

   • add a product to his or her cart;

   • select the form of delivery;

   • select the form of payment;

   • select the place of handing over the item;

   • place his or her order at the shop by clicking “Place order”;

3. The contract with the Consumer is concluded at the moment of placing his or her order.

4. The Consumer’s order paid for via transfer or by means of a system of electronic payments is performed after the Consumer’s payment has been registered in the Seller’s account, which should take place no later than 30 days after the order has been placed, unless the Consumer has been unable to fulfill his or her obligation not through his or her fault and has informed the Seller about it.

5. The contract with the Customer is concluded at the moment of accepting the order by the Seller, about which the Customer is informed no later than 48 hours after the order has been placed.

6. The Customer’s order paid for via transfer or by means of a system of electronic payments is performed after the contract has been concluded and after the Customer’s payment has been recorded in the Seller’s account.

7. Performance of the Customer’s order may depend on paying the whole sum or part of the sum for the order or on receiving a trade credit of at least the value of the order or on receiving the Seller’s consent to send the order COD (cash on delivery).

8. Sending the subject of the contract takes place on the date specified in the terms of use (date of performance) and, for orders composed of many products, during the longest period specified in the performance date. Calculation of the date begins the moment the order is being performed.

9. The purchased subject of the contract is, along with the sales document selected by the Buyer, sent via a method of delivery selected by the Buyer to the place of handing over the item selected by the Buyer in his or her order.

§4 The right to withdraw from the contract

1. The Consumer, on the basis of art. 27 of Consumer Law, has the right to withdraw from a contract concluded remotely without stating the reason and without incurring any costs, except for costs specified in art. 33 and 34 of Consumer Law.

2. The period of withdrawing from a contract concluded remotely amounts to 14 days from the moment of handing over the item; in order to meet the deadline, one should send the declaration before this period elapses.

3. The Consumer may submit his or her withdrawal declaration in the form which is attachment 2 to Consumer Law or in any other form compatible with Consumer Law.

4. The Seller will immediately confirm that he has received the withdrawal declaration by sending a message to the Consumer’s e-mail address (the one given while the contract was concluded or to a different one if given in the declaration).

5. In case of withdrawing from the contract, the contract is considered unconcluded.

6. The Consumer is obliged to return the item to the Seller immediately, no later than 14 days from the day when he or she withdrew from the contract. In order to meet the deadline, the item must be sent before this period elapses.

7. The Consumer sends items being the subject of the contract from which he or she has withdrawn at his or her own expense and risk.

8. The Consumer does not incur any costs connected with the delivery of digital content which is not recorded on a physical medium if he or she did not agree to the provision before the date of withdrawing from the contract elapsed or if he or she was not informed about losing the right to withdraw from the contract at the moment of giving such consent or if the entrepreneur did not deliver any confirmation according to art. 15 §1 and art. 21 §1 of Consumer Law.

9. The Consumer is responsible for a decrease in the value of the item being the subject of the contract resulting from its use in a way which exceeds the necessary use of this item in order to state its nature, features and functioning.

10. The Seller will immediately, no later than 14 days from receiving the withdrawal declaration submitted by the Consumer, return all payments made by the Consumer to him or her, including delivery costs; if the Consumer has selected delivery other than the cheapest regular delivery offered by the Seller, the Seller will not return the additional costs to the Consumer according to art. 33 of Consumer Law.

11. The Seller will return the payment with the use of the same means of payment used by the Consumer unless the Consumer has agreed to a different form of payment which is not connected with any costs on his or her part.

12. The Seller may wait with the return of the Consumer’s payment until the moment of receiving the item back or until the Consumer delivers the proof of sending it, depending on which of the events occurs earlier.

13. According to art. 38 of Consumer Law, the Consumer has no right to withdraw from the contract:

    • in which the price or remuneration depends on fluctuations on the financial market which are beyond the Seller’s control and which may occur before the date of withdrawal from the contract elapses;

    • in which the object of performance is a non-prefabricated item produced according to the Consumer’s specifications or whose purpose is to satisfy the Consumer’s individual needs;

    • in which the object of performance is an item which spoils quickly or which has a short shelf-life;

    • in which the object of performance is an item delivered in sealed packaging, which cannot be returned after the packaging has been opened due to health protection or hygiene reasons if the packaging has been opened after delivery;

    • in which the object of performance are items which after delivery, due to their nature, are inseparably connected with other items;

    • in which the object of performance are sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;

    • of the delivery of digital content which is not recorded on a physical medium if the performance began with the Consumer’s explicit consent before the date of withdrawal from the contract elapsed and after the entrepreneur informed him or her about losing the right to withdraw from the contract;

    • of the delivery of journals, periodicals or magazines, except for the contract of subscription.

§5 Warranty

1. On the basis of art. 558 §1 of the Civil Code, the Seller completely excludes the responsibility for physical and legal defects (warranty) toward Customers.

2. The Sellers bears responsibility for defects (warranty) toward the Consumer on the basis specified in art. 558 of the Civil Code and further articles.

3. In case of a contract with the Consumer, if the physical defect is noticed before a year from the moment of handing over the item has elapsed, it is considered to have existed at the moment the responsibility was transferred to the Consumer.

4. If the sold item has a defect, the Consumer may:

   • submit a declaration of demand for the price to be lowered;

   • submit a withdrawal declaration;

unless the Seller, immediately and without any major inconveniences to the Consumer, replaces the faulty item with one free from defects or removes the defect. However, if the item has already been replaced or fixed by the Seller or if the Seller has not fulfilled his obligation to replace the item with one free from defects or to remove the defect, there is no right to replace the item or remove the defect.

5. The Consumer may, instead of the Seller’s offer to remove the defect, demand replacement of the item with one free from defects or, instead of replacement, demand removal of the defect, unless making the item consistent with the contract in the way selected by the Consumer is impossible or requires excess costs as compared to the way proposed by the Seller, where the assessment takes into consideration the value of the item free from defects, the kind and importance of the defect as well as inconveniences which the Consumer would experience if the other way was selected.

6. The Consumer cannot withdraw from the contract if the defect is insignificant.

7. If the sold item is faulty, the Consumer may also:

   • demand replacement of the item with one free from defects;

   • demand removal of the defect.

8. The Seller is obliged to replace the faulty item with one free from defects or remove the defect within reasonable time without excessive inconveniences to the Consumer.

9. The Seller may refuse to satisfy the Consumer’s demand if making the faulty item consistent with the contract in the way selected by the Buyer is impossible or if, when compared with the other possible way, it would require excess costs.

10. If the faulty item has been installed, the Consumer may demand that the Seller uninstall it and reinstall an item free from defects after the item has been replaced or the defect has been removed; however, he or she is obliged to incur part of the costs connected with it and exceeding the price of the sold item or he or she may demand that the Seller pay part of the costs of uninstallation and reinstallation, up to the value of the sold item. If the Seller does not fulfill his obligation, the Consumer has the right to perform those actions at the expense and risk of the Seller.

11. The Consumer who exercises his or her warranty rights is obliged to deliver the faulty item to the complaint address at the Seller’s expense; if delivery of the item would be excessively difficult due to its kind or installation, the Consumer is obliged to make this item available to the Seller at the place where it is located. If the Seller does not fulfill his obligation, the Consumer has the right to send the item back at the expense and risk of the Seller.

12. The costs of replacement or repair are incurred by the Seller, except for the situation described in §5 p. 10.

13. The Seller is obliged to accept the faulty item from the Consumer if the item is to be replaced with one free from defects or in case of withdrawal from the contract.

14. Within 14 days, the Seller will take an attitude toward:

    • the declaration of demand for the price to be lowered;

    • the withdrawal declaration;

    • the demand for replacement of the item with one free from defects;

    • the demand for removal of the defect.

Otherwise it is considered that he has accepted the Consumer’s declaration or demand as well-founded.

15. The Seller is responsible for the warranty if the physical defect is noticed before two years from the moment of handing over the item to the Consumer have elapsed if the sold item had been used before a year from the moment of handing over the item to the Consumer elapsed.

16. The Consumer’s claim to remove the defect or replace the sold item with one free from defects expires after a year from the day of finding the defect, although no later than two years from the moment of handing over the item to the Consumer if the sold item had been used before a year from the moment of handing over the item to the Consumer elapsed.

17. If the expiry date specified by the Seller or the producer elapses after two years from the moment of handing over the item to the Consumer, the Seller is responsible for the warranty for physical defects of this item noticed before this date has elapsed.

18. At a time specified in §5 p. 15-17, the Consumer may submit the withdrawal declaration or the declaration of demand for the price to be lowered due to a physical defect of the sold item and if the Consumer has demanded replacement of the item with one free from defects or removal of the defect, the period of time for submitting the declaration begins at the moment of an ineffective expiration of the period for replacing the item or removing the defect.

19. In case of defending one of the warranty rights before the court or arbitration court, the date of exercising the Consumer’s other rights in this respect is suspended until the case is closed. The rule is applied respectively in case of mediation proceedings, where the date of exercising the Consumer’s warranty rights is calculated from the day of the court’s refusal to confirm the compromise achieved before a mediator or the moment the mediations end in impasse.

20. To exercise warranty rights connected with legal defects of the sold item, §5 p. 15-16 have application; however, the date is calculated from the day on which the Consumer has learned about the existence of the defect, and if the Consumer has learned about it only as a result of a third party’s complaint, from the day on which the verdict in the dispute with the third party becomes legally binding.

21. If the Consumer has submitted the withdrawal declaration or the declaration of demand for the price to be lowered due to the item’s defect, he or she may demand repair of the damage incurred due to conclusion of the contract while unaware of the existence of the defect, even if this defect results from circumstances for which the Seller does not bear responsibility; he or she may especially demand reimbursement of the costs of concluding the contract, collecting, transporting, storing and insuring the item, reimbursement of incurred costs within the scope in which he or she did not profit from them and did not receive their reimbursement from a third party and reimbursement of the costs of proceedings. It is without any prejudice to legal regulations concerning the obligation to repair the damage in line with general conditions.

22. If the Seller has deceitfully concealed the defect, the lapse of time to notice the defect does not exclude the execution of warranty rights.

23. The Seller, as long as he is obliged to provide provisions or financial provisions to the Consumer, will do so without delay, no later than on the date specified by the law.

§6 Privacy policy and personal data safety

1. The administrator of personal information databases storing data submitted by the shop’s Consumers is the Seller.

2. The Seller undertakes to protect personal data according to the Personal Data Protection Act of August 29, 1997 and the Act on Rendering Electronic Services of July 18, 2002. The Buyer, by submitting his or her personal information to the Seller while placing his or her order, gives consent for the Seller to process them in order to perform the placed order. The Buyer may at any time access, correct, update and remove his or her personal data.

3. Detailed rules of collecting, processing and storing personal data used for the purpose of performing orders by the shop Luc Store have been described in its Privacy policy which can be found at: http://lucstore.com/privacy-policy.

§7 Final provisions

1. None of the provisions of these terms of use intend to violate the Buyer’s rights or may be interpreted in this way, as in case of inconsistence of any part of the terms of use with the law in force the Seller declares absolute compliance with and application of this law in place of the questioned provision of the terms of use.

2. Registered Buyers will be informed about changes in the terms of use and their scope via electronic mail (sent to the e-mail address given during registration). The notification will be sent no later than 30 days before the new terms of use come into force. The changes will be introduced so that the terms of use comply with the present legislation.

3. The current version of the terms of use is always available to the Buyer under “Terms of use” (http://lucstore.com/legal). When the order is performed and during the period of post-sales support the terms of use accepted by the Buyer while placing his or her order are in effect unless the Consumer considers them less favorable and informs the Seller about choosing the current ones as effective.

4. In matters not regulated by these terms of use suitable legal regulations shall apply. Any disputes, if the Consumer expresses his or her willingness to do so, are solved through mediation before Provincial Inspectorates of Trade Inspection or through legal proceedings before the arbitration court at the Provincial Inspectorate of Trade Inspection or by means of equivalent and lawful methods of pre-judicial or extra-judicial solution of disputes, for example, through the EU Platform for ODR website located at http://ec.europa.eu/consumers/odr/. As a last resort, the case is settled by a court of proper jurisdiction and venue.

Version 5.0 (Wrocław, 01/08/2022)