Regulations

These regulations describe the rules of sale conducted through the Lemiss online store operating under the domain lemiss.eu and the conditions for the provision of free services such as account maintenance.

Contact details of the Lemiss brand at:

• address: ul. Rydygiera 8, pavilion 6, 3rd floor, 01-793 Warsaw
• e-mail: halo@lemiss.eu.

§1 – Definitions

The terms used in the regulations mean:

• Regulations – this document specifying the terms of sale and the conditions for the provision of free services.
• Seller –  Seller – Lemiss sp.z o.o. with headquarters in Dziekanów Leśny at ul. Henryka Sienkiewicz 37, 05-092 Dziekanów Leśny, entered by the District Court of the Capital City of Warsaw, 14th Commercial Division of the National Court Register to the register of entrepreneurs under the KRS number: 0000854373, NIP number: 1182212055, REGON: 386740611, share capital 10,000.00, being the owner of the store.
• Online store website / Online store / Store – website under the lemiss.eu domain through which the Seller conducts online sales and provides free services.
• Customer – a natural or legal person who uses the Online Store website, including the person for whom the Account has been created and who makes a purchase via the Online Store website on the terms set out in these Regulations.
• Consumer – a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
• Account – Customer panel administered by the Store, on which information, in particular, the history of orders is kept.
• Registration – the procedure for creating an Account.
• Agreement – means a sales contract concluded remotely between the Customer and the Store, on the terms specified in the Regulations, regarding the goods offered in the Online Store.
• Business day – every day from Monday to Friday, excluding public holidays.

§2 – General provisions

1. Using the Store requires access to a device connected to the Internet, an installed and updated version of the Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari web browser with JavaScript and Cookies enabled and an active e-mail account (e-mail).
2. Clients are not allowed to use accounts of other Clients and make their Accounts available to other Clients.
3. The store uses cookies, i.e. small text files stored by the web browser on the user’s device, including for statistical analysis of traffic, adjusting the appearance and content of the website to the individual needs of the user. Changes to cookie settings can be made in the browser.
4. Customers may use technical support in the event of problems with the functioning of the Website by electronic means by sending an inquiry to the following address: halo@lemiss.eu

§3 – Account Policy

1. The Store offers the option of creating an Account, where you can, among other things, view your orders, manage addresses and change the Account password.
2. Registration is possible as part of the purchasing process by selecting the appropriate checkbox or providing an email address independently of it.
3. Registration consists in entering an email address to which a message with an automatically generated password is sent, which can be changed in the Accounts panel.
4. As a result of Registration, an Account is created for the Customer.
5. If the Registration took place outside the purchasing process, the Customer in the Account panel may add information such as the billing address and shipping address and enter other data necessary to complete future orders, such as name and surname, telephone number and e-mail. Information, the provision of which is necessary for the execution of orders, is clearly marked in the forms.
6. The Seller provides the Customer with a free service in the form of maintaining the Customer’s Account. The contract for the provision of this service is concluded upon receipt by the Customer of the message referred to in paragraph 3 above. The Account maintenance agreement is concluded for an indefinite period. The customer may terminate this contract at any time and without giving reasons by submitting an appropriate statement or requesting the removal of the Account, which results in the termination of the contract for the provision of Account maintenance services in the Online Store. In order to terminate the Account maintenance agreement, please send an e-mail to the following address: halo@lemiss.eu. In a situation where the Seller is in the process of executing an order placed by the Customer and accepted by the Online Store, the effect of termination of the contract will occur upon completion of the order in question. The data of the Customer who terminated the Account maintenance agreement are deleted.
7. It is forbidden for the Customer to post illegal content among the information available on the Account.
8. Clients are not allowed to use accounts of other Clients and make their Account available to other Clients.

§4 – Placing orders and their implementation

1. The information contained on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude the Agreement.
2. Orders can be placed in the Online Store 7 (seven) days a week, 24 hours a day.
3. The sale of goods in the Online Store takes place in the following currencies: Polish zloty, euro.
4. The prices given in the purchasing process are gross prices, i.e. they include VAT. The shipping cost is added to the price of the ordered goods, depending on the selected delivery method, which is indicated in the ordering process and added to the price of goods at the end of the order. The method of delivery and prices are specified in sec. 11 of this paragraph. In the case of delivery to a country outside the European Union, it may be necessary for customers to pay customs duties.
5. Orders are implemented, as a rule, in the territory of the Republic of Poland and other European Union countries, and in the scope of countries outside the European Union, to the countries indicated on the website.
6. In the case of customers who make a purchase without registration and logging in to the account, the necessary condition for the contract to be completed is the correct completion of the order form available after adding the product to the basket and proceeding to the contract.
7. The customer places an order by adding the goods to the basket, selecting the quantity of the goods ordered and the size or colour.
8. After adding goods to the basket, the Customer has the option to verify the goods added to the basket, including their possible removal, change the size or colour, see the total price of the order and add discount codes.
9. At this stage, the Customer may return to making further purchases or proceed to the checkout by clicking the appropriate buttons.
10. After going to the checkout, the Customer is redirected to the screen where they can log in if they have an Account, or fill out the order form.
11. The customer proceeds to indicate the addresses, including the address for the delivery of the order. The customer chooses the delivery method while learning about the delivery costs. The available delivery methods and their prices are:
    • domestic courier – PLN 15.00,
    • Inpost parcel locker – PLN 14.00,
    • foreign courier service within the European Union – PLN 49.00,
    • foreign courier service outside the European Union – PLN 99.00.
12. In the case of ordering several goods, the shipping cost is calculated as for the order of one goods.
13. The customer cannot pay on delivery. The customer can choose the following payment methods:
    • online transfer – bank transfer via the external payment system Przelewy24, operated by the company PayPro Spółka Akcyjna with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887 – in this case, the order is processed after the Seller receives information from the Przelewy24 system about the payment made by the Customer. The rules for making payments by customers via the Przelewy24 System and the complaint procedure are available at https://www.przelewy24.pl/regulamin.
    • transfer via the PayPal system operated by PayPal (Europe) S.a.r.l. et Cie, S.C.A. based in Luxembourg – in this case, the order is processed after the Seller receives information from the PayPal system that the payment has been made by the Customer. The rules for making payments by customers via the PayPal system and the complaint procedure are available at https://www.paypal.com/pl/webapps/mpp/ua/servicedescription-full.
14. The customer is obliged to pay for the order directly in the ordering process in the manner specified in paragraph 13 of this section.
15. After selecting the payment method and informing the Customer about the total gross amount of the order, including the price for the goods and delivery costs, the Customer places the order by clicking the button marked „Buy and pay” or another equivalent wording.
16. Before placing the order, the Customer is obliged to confirm – by checking the appropriate checkbox – that he/she has read the Regulations and accepts the provisions contained there. The customer has the option to download the Regulations and save them on his/her computer.
17. Correct completion of the purchase forms is confirmed by the screen containing the order summary together with information about the order number.
18. Sending the order to the Seller constitutes an offer to conclude the Agreement.
19. Sending the order to the Seller constitutes an offer to conclude the Agreement.
20. The Seller then sends the Customer an e-mail with information that the order has been accepted for processing. The information about the acceptance of the order for execution constitutes the Seller’s declaration of acceptance of the Customer’s offer and the Agreement is concluded upon its receipt by the Customer.
21. The Customer will be informed about the status of the accepted order via a message sent to the e-mail address provided by the Customer.
22. The order fulfilment time on the territory of the Republic of Poland is 3 (three) business days from the moment the payment is credited to the Seller’s account, i.e. the order is prepared for shipment within 1 (one) business day, and most courier shipments in the territory of the Republic of Poland are delivered the next day after handing over the package to the courier. In some cases, the delivery date may be extended to three days. The maximum order processing time is 14 business days. In the event of a longer delivery date, the Customer will be informed about this fact by the Seller.
23. In the event of the impossibility of executing the order due to, for example, the unavailability of the subject of the order or other problems with its implementation, the Seller will contact the Customer to determine the method and time of order fulfilment or a possible withdrawal from the order.
24. Before collecting the parcel from the courier, the customer should check whether the packaging in which the purchased goods was delivered has not been damaged in transit. In the event that the package of the parcel is damaged, the Customer has the right to draw up a report in the presence of the courier and should immediately contact the Online Store.
25. Accounting documents are issued for each order and will be delivered to the customer.

§5 – Withdrawal from the Agreement – returns

1. Within 14 days from the date of receiving the order, the Customer who is a Consumer who concluded the Agreement, may withdraw from it without giving reasons, by submitting an appropriate statement, with the condition that the services and products the purchase of which, in accordance with applicable regulations right, you cannot withdraw, are not subject to return, on the basis of the Act of 30/05/2014 on consumer rights (Journal of Laws of 2014 No. 827), including, for example, when the subject of the contract is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his/her individual needs.
2. To meet the 14-day period referred to in section 1 above, it is sufficient to send a declaration of withdrawal from the contract before the expiry of this period to the following address: Lemiss sp.z o.o., ul. Rydygiera 8, hall No. 6, 3rd floor, 01-793 Warsaw, or a scan of the declaration to the e-mail address: halo@lemiss.eu. The return procedure will be much faster if the declaration of withdrawal is sent together with the goods it concerns.
3. In order to submit the declaration referred to in section 2 above, the Customer may use the template of the declaration of withdrawal from the Agreement, available at the link: [•]
4. In the event of the Customer’s withdrawal from the Agreement, the Agreement is considered void.
5. The Customer is obliged to return to the Seller the goods covered by the Agreement to which the declaration of withdrawal applies, immediately, but not later than 14 (fourteen) days from the date on which he/she withdrew from the agreement. The Customer is obliged to return to the Seller the goods covered by the Agreement to which the declaration of withdrawal applies, immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the agreement. To meet the deadline, it is enough to return the goods before its expiry. The return procedure will be significantly faster if the goods are sent together with a declaration of withdrawal from the contract, due to the circumstance indicated in paragraph 8 below regarding the possibility of the Seller withholding the refund in the cases specified in this paragraph.
6. The customer bears the direct costs of returning the goods.
7. The consumer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
8. Immediately, but no later than 14 days from the date of receipt of the declaration of withdrawal from the Agreement, with the provision that the reimbursement of the payment may be withheld until the goods are received by the Seller or until the Customer provides proof of its return to the Seller, depending on whichever occurs first, the Seller returns to the Customer all payments received from the Customer, including, reservation to paragraph 9 below, the costs of delivering items to the Customer.
9. If the Customer chose a delivery method other than the cheapest standard delivery method offered by the Seller, then, in the event of withdrawal from the Agreement, the Seller is not obliged to reimburse the Customer for additional costs incurred by him/her.
10. The reimbursement is made using the same method of payment as used by the customer, unless the customer agrees to a different method of return, which does not involve any costs for him/her.

§6 – Complaint

1. The Seller is obliged to provide the Customer with goods free from physical and legal defects. The seller is liable to the customer if the goods have a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:
   • submit a declaration of price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the product with a product free from defects 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 non-defective one or remove the defect. If the Customer is a Consumer, he/she may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs compared to the manner proposed by the seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
   • demand replacement of the defective product with one free from defects or removal of the defect. The seller is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the customer.
     The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective goods into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs compared to the other possible method of compliance with the Agreement. The costs of repair or replacement are borne by the Seller.
3. Complaints under the warranty should be submitted within the time limits provided by law, to the e-mail address: halo@lemiss.eu. In order to improve the complaint procedure, the goods under complaint should be delivered together with a proof of purchase and a complaint notification (including an indication of the person submitting the complaint, a request to settle the complaint and indication of the defect of the goods, reasons for the complaint).
4. In the event that the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller asks the person submitting the complaint to supplement them in the indicated scope.
5. The Seller will respond to the request within 14 (fourteen) days from the date of submitting the complaint by the Customer. If the Seller does not respond to the Customer’s requests within these 14 days, it means that they considered the requests justified.
6. The Seller shall notify the Customer about the consideration of the complaint and its result in a message sent to the e-mail or correspondence address provided by the Customer in the complaint.
7. In each case, when the fulfilment of the Customer’s requests involves the delivery of a new or repaired product, the Seller shall bear the delivery costs.
8. The customer who exercises the right under the warranty is obliged to deliver the defective goods to the seller’s address. The costs of delivery of the defective goods by the Consumer are borne by the Seller.
9. The complaint procedure applies respectively to services provided electronically by the Seller. Complaints about services can also be submitted to the Store’s e-mail address: halo@lemiss.eu.

§7 – Intellectual property

1. The Lemiss brand designation is a registered trademark. Its use is possible only with the prior consent of the authorized entity.
2. The materials on the website of the online store, including mainly photos, texts, including descriptions of goods, are subject to copyright protection. Their use is possible only with the prior consent of the authorized entity.

§8 – Final Provisions

1. These regulations are part of the content of the concluded Agreement, and its content may be recorded by printing, saving on a carrier or downloading from the Online Store Website.
2. The Seller reserves the right to amend these Regulations in the event of a change in the law or in order to improve the operation of the website, as well as to improve the protection of customer privacy and prevent abuse. The Seller will inform the Customers about the change in the Regulations by means of an electronic message containing a link to the text of the new regulations. The new version of the regulations is binding for registered customers if they do not declare that they do not accept the changes introduced in the regulations within 7 days from the date of its receipt. Upon receipt of a declaration of non-acceptance of the changes to the regulations, the Seller shall delete the Customer’s Account and inform him of this fact. Orders placed before the amendments to the Regulations come into force are implemented in accordance with the current content of the Regulations.
3. These regulations have been drawn up based on the provisions of Polish law. In matters not covered by these Regulations, the provisions of Polish law shall apply, including the Civil Code, the Act on consumer rights or other laws applicable to the operation and performance of the online store in force in the territory of the Republic of Poland.
4. In the scope of Agreements concluded between the Seller and Customers who are not Consumers, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is not a Consumer.
5. Any disputes related to the services provided by the Online Store will be settled by common courts and the applicable law is Polish law. The customer who is a consumer has the option of using an out-of-court method of dealing with complaints and redress. The rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Voivodeship Inspectorates of the Trade Inspection, and at the following internet 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,
   • http://www.uokik.gov.pl/wazne_adresy.php.

   It is also possible to use the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr

6. The provisions of the Regulations do not exclude the possibility for customers to refer to the mandatory provisions of law governing the protection of consumer rights, including those in force in the country where the consumer has his/her place of residence and the provisions in force there are more favourable for the consumer than the provisions of Polish law.

Date of publication of the Regulations: 21.11.2020 r.