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Terms and conditions

TERMS AND CONDITIONS OF PURCHASE AND USING THE SHOP SKLEP.LOVINGIT.PL

I. IDENTIFICATION DETAILS

  1. The entrepreneur running an online shop at WWW.LOVINGIT.PL/SKLEP is JAGODA KUTKOWSKA conducting business activity under the name LOVINGIT JAGODA KUTKOWSKA with its registered office in Lusówko (62-080), ul. Róży 46, NIP [tax identification number]: 844-207-14-84; REGON [statistical number]: 200201703.
  2. Contact with the Shop is possible via e-mail: sklep@uptheriver.pl or at telephone numbers: +48535949565, +48510111103.
  3. All notifications, information, inquiries and claims in particular should be sent by the Customers to the correspondence address: LOVINGIT JAGODA KUTKOWSKA, ul. Róży 46, 62-080 Lusówko or via e-mail at: sklep@uptheriver.pl.
  4. The Controller of personal data processed in the Shop in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Shop’s website. The Privacy Policy primarily contains rules regarding the Controller’s processing of personal data in the Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Shop. The use of the Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer using the Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and the Seller’s statutory obligations).

II. DEFINICJE

Definitions used in the Terms and Conditions shall mean respectively:

  • Seller – LOVINGIT JAGODA KUTKOWSKA, ul. Róży 46, 62-080 Lusówko, NIP [tax identification number]: 844-207-14-84; e-mail: sklep@uptheriver.pl
  • Shop – an ICT platform operated by the Seller that sells products on its offer.
  • Product – textile items, as well as accessories, and also e-books. 
  • File – digital content stored on a tangible medium, in particular an e-book, offered by the Seller through the Shop.
  • E-book – a book in electronic version, saved in PDF format.
  • PDF – Portable Document Format – a file format used for presenting, transferring and printing text and graphics content. This format has rigid page divisions and is particularly suitable for viewing publications on larger screens. On readers, tablets and smartphones, there may be problems with zooming and splitting text and navigating through the publication. 
  • Customer – a natural person with full legal capacity, a legal person, an organizational unit without legal personality, who uses the Shop and who has registered a Customer Account;
  • Customer Account – individual access for each Customer to the panel of individual orders, ordered Products, launched on behalf of the Customer by the Shop;
  • Agreement – means an agreement concluded between the Customer and the Shop pursuant to the regulations available in these Terms and Conditions, the subject of which is the purchase of Products electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.
  • Terms and Conditions – this document, it defines the terms and conditions for the use of the Shop and the purchase of Products therein.

IV. GENERAL PROVISIONS

  1. These Terms and Conditions set out the rules for the use of the Shop, as well as the rights and obligations of Customers, and the rights and obligations of the Seller as the entity managing and operating the online Shop.
  2. Upon acceptance, the Terms and Conditions are binding without the need for a separate agreement to be concluded, and the Customer represents that it accepts the Terms and Conditions and agrees to abide by them.
  3. The Customer represents that it has full legal capacity and is authorized to enter into valid agreements on its behalf.

V. TECHNICAL REQUIREMENTS

  1. The Customer shall use Shop in a manner compliant with the binding legal regulations, with good manners and with respect to personal rights of other entities and to copyrights. Additionally, the Customer shall provide accurate and complete personal details and not publish unlawful content.
  2. Technical requirements necessary for cooperation with the ICT system used by the Shop: (1) a computer, laptop or another multimedia device with Internet access; (2) access to e-mail; (3) a web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript in the web browser.
  3. The Seller shall take relevant technical measures and steps to ensure safety of transmitted data and which will prevent access to personal details of Customers by unauthorised persons.
  4. Before purchasing Products that are e-books from the Shop, the Customer should check whether the electronic devices on which it wishes to open the e-book support the format in which it is saved. The Shop does not guarantee that an e-book purchased from the Shop will open on any electronic device that has an e-book support function.

NOTE! 

Before purchasing an e-book from the Shop, the Customer should check whether the method of preparation of the e-book meets its requirements.

VI. PRODUKTY, CENY I PROMOCJE

  1. The prices listed next to the Products on the Shop’s website are gross prices in Polish zloty and include VAT. 
  2. The Shop reserves the right to change prices of Products on offer without prior notice. The price change does not apply to orders accepted for execution.
  3. The Shop also reserves the right to withdraw individual Products from the offer without notice.
  4. The price does not include shipping costs and other additional charges, which will be added to the sum of the ordered Products each time and indicated during the ordering process.
  5. The final price of an order, binding on the Seller and the Customer, is the price of the Product listed on the Shop’s website before the Customer places the order (on the “Shopping Cart” subpage), including all costs associated with the performance of the agreement.
  6. Promotions available in the Shop do not combine with each other unless the Seller has provided for the possibility of combining promotions, of which the Customer will be informed on the pages of the Shop, before placing an order.
  7. All Products on the Shop’s website are the property of the Seller or the Seller has the appropriate rights to use them and are protected under applicable laws, including the Act on copyright and related rights and the industrial property law. The Customer agrees to use the website and purchased Products only in accordance with these Terms and Conditions and applicable laws.
  8. The Customer who has purchased Products from the Shop may use them in accordance with applicable laws, including the Act on copyright and related rights. It is forbidden to duplicate the Product, disseminate, distribute, copy, lend, make available or publicly reproduce (including making it available on the Internet) and use in a manner not permitted by law its content in whole or in part or any modification of the Product (e.g. by changing the file format or removing security features or markings), regardless of the purpose and form of these actions, unless otherwise agreed in writing with the Seller.
  9. All Products available in the Shop are subject to the protection provided by the Act on copyright and related Rights.
  10. The Customer acknowledges that it uses the Shop solely for its own use. It is unacceptable to use the resources and functions of the Shop for the purpose of carrying out a gainful activity by the Customer or one that would or could violate the interests of the Seller.

VII. MANNER OF ORDER EXECUTIONS

  1. When placing the first order, the Shop will automatically create a Customer Account. For this purpose, the Customer fills out the registration form, it is necessary to provide an e-mail address and create a password. Information about the creation of a Customer Account will be sent to the Customer’s e-mail provided in the form. An additional condition for creating a Customer Account is accepting these Terms and Condition by the Customer and granting its consent to its personal details provided in the registration process being processed. Providing personal details is voluntary however necessary to create the Account. 
  2. Holding a Customer Account in the Shop is free of charge. Only individual Accounts are allowed to be created. 
  3. The Customer is obliged to provide true data during registration. The Seller is not responsible for the consequences of providing false data. If during the use of the Shop there is a change in the data referred to hereinabove, the Customer shall contact the Shop staff (sklep@uptheriver.pl) in order to update the data. The Shop is not responsible for the consequences of failure to comply with this obligation.
  4. For subsequent orders, the Customer can use the Customer Account created for the first order. It is possible to generate a new password if the Customer forgets the password assigned to the Customer Account or decides to change it.
  5. The Customer can place orders 24 hours a day, 7 days a week throughout the year.
  6. In order to process and execute the order, when placing the order the Customer is required to provide its personal data necessary for the execution of the order.
  7. Placing an order by the Customer means selecting the Products in the Shop’s assortment at the time of placing the order, according to their description and price. In the order form, the Customer shall also indicate the place of delivery, method of payment. Customer’s acceptance of the order (“Buy and pay”), once confirmed by the Seller, has legal effects, including the obligation to pay.
  8. In any case, the Seller reserves the right to verify the placed order and cancel it in cases of reasonable doubt as to the reliability of such order (including the identity of the Customer).
  9. Once an order is placed, the Seller promptly confirms its receipt and simultaneously accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution are made by the Seller by way of sending to the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the order placement process, which contains at least the Seller’s statements about receipt of the order and its acceptance for execution and confirmation of the conclusion of the sales agreement, as well as a summary of the order (description of the Product; the price of the order; the form of delivery – including the date on which the order will be shipped and the delivery address; the method of payment; information about the right to rescind the agreement without providing a reason within 14 days, along with a sample form; the Terms and Conditions of the online store).
  10. The agreement is concluded upon confirmation of acceptance of the order for execution by the Seller.

VIII. PAYMENT METHODS, PRODUCT DELIVERYSPOSOBY PŁATNOŚCI, DOSTAWA PRODUKTÓW

  1. Payments are made in advance before receipt of the order. The Customer may choose the following methods of payment for the ordered Products:
  1. bank transfer, 
  2. BLIK, 
  3. Google Pay 
  4. Apple Pay,
  5. card payment 

– all supported by the Przelewy24.pl service.

  1. If the Customer chooses to pay by bank transfer, electronic payment, BLIK, Google Pay, Apple Pay or payment card, the Customer is obliged to make payment within 2 calendar days from the date of conclusion of the sales agreement. If payment is not made within the aforementioned period, the order will be automatically cancelled.
  2. Processing of electronic payments, BLIK, Google Pay, Apple Pay and card payments via Przelewy24.pl is carried out by PayPro S.A. Settlement agent with its registered office in Poznań (registered office address: 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 i Wilda in Poznań, VIII Commercial Division of the National Court Register, under KRS number 0000347935, NIP [tax identification number]: 7792369887, REGON [statistical number]: 301345068. 
  3. After the Customer makes payment for the order and the amount due is credited to the Seller’s bank account, the Seller will send an electronic confirmation of receipt of payment.
  4. The ordered Product may be delivered to the address indicated by the Customer, with the proviso that with regard to textile Products and accessories the delivery address may be only within the territory of the Republic of Poland, and with regard to e-books the territorial restriction does not apply
  5. Delivery of the Product to the Customer is chargeable.
  6. Costs of delivery are indicated when placing the order.
  7. Delivery of Products is made by courier, courier of the Polish Post – Poczta Polska, parcel pick-up stations. E-books are delivered electronically to the e-mail address indicated when ordering.
  8. The lead time is up to 10 days from the moment the payment is credited to the Seller’s bank account. On the other hand, the delivery time depends on the selected delivery method.
  9. The Seller reserves the possibility of extending the processing of orders during the vacation period, of which the Customer will be informed in a special announcement on the Shop’s website.
  10. Deliveries are made on business days, Monday through Friday. Deliveries are not made on weekends and holidays, unless the delivery service providers provide for it.
  11. The Customer shall pay due attention to the condition of the shipment upon receipt, in particular whether the shipment has not been damaged or destroyed. If a shipment is found to have been tampered with before delivery, the Customer is entitled to request the carrier to draw up a report as regards the condition of shipment and the circumstances under which the damage occurred.

IX. CLAIMS PROCEDURE

  1. The Seller is liable under statutory warranty if the Product is delivered with physical or legal defects under Article 556 et seq. of the Civil Code.
  2. In order to file a claim, the Customer may file a complaint by e-mail: sklep@uptheriver.pl The claim notification shall contain the data of the Customer filing the claim, the date of purchase of the Product, the order number, a description of the defect found, the date of its disclosure and the Buyer’s preferred method of settlement. The Buyer shall attach the proof of purchase of the Product in the Shop (invoice, receipt) to the claim.
  3. With respect to Products that are e-books, the Customer may file a claim if:
  • The Seller is liable under statutory warranty if the Product is delivered with physical or legal defects under Article 556 et seq. of the Civil Code.
  • In order to file a claim, the Customer may file a complaint by e-mail: sklep@uptheriver.pl The claim notification shall contain the data of the Customer filing the claim, the date of purchase of the Product, the order number, a description of the defect found, the date of its disclosure and the Buyer’s preferred method of settlement. The Buyer shall attach the proof of purchase of the Product in the Shop (invoice, receipt) to the claim.
  • With respect to Products that are e-books, the Customer may file a claim if:
  1. The claim shall be processed within 14 business days from the receipt of the claim along with the claimed Product by the Seller. The reply will be sent to the e-mail address provided by the Customer.

X. RESCISSION FROM THE AGREEMENT

  1. The right to rescind the agreement concluded at a distance by the Customer does not apply to e-books purchased from the Shop in accordance with the Act on Consumer Rights of 30 May 2014.
  2. In the case of other Products (other than e-books), the Customer (who is a consumer or to the extent that these rights are granted by the legislator to entrepreneurs) may rescind the agreement without providing a reason, making a relevant statement to the Seller within 14 days from the date of delivery of the order. To meet the above-mentioned deadline it is sufficient to send a statement of rescission before its expiration to the address of the Shop.
  3. In the case of rescission from the Agreement concluded at a distance, the agreement is considered not concluded.
  4. If the Customer submits a statement of rescission from the agreement before the Seller accepts the order, the offer shall not be binding.
  5. The Customer shall be liable for any decrease in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
  6. Returned Products shall not bear traces of use, dirt, they should also have all the original tags – otherwise the Seller has the right to refuse to accept them. 
  7. Direct costs of return delivery of the goods in connection with the exercise of the right of rescission shall be borne by the Customer. The Customer is obliged to return the Product no later than 14 days from the day on which it rescinded the agreement. To meet the afore-mentioned deadline it is sufficient to return the Product before its expiration.
  8. If the Customer rescinds the agreement, the Seller shall refund the price of the order within 14 days from the date of receipt of the Customer’s statement. The refund will be made to the bank account indicated by the Customer – in accordance with the form selected when placing the order. However, the Seller may refrain from refunding the payment until it receives the return of the purchased Product. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund, which does not involve any additional costs for the Customer.
  9. Template statement of rescission from the agreement can be found on the website of the online Shop and it is sent in the e-mail with confirmation of the order.

XI. FINAL PROVISIONS

  1. Matters not covered by these Terms and Conditions shall be governed by the provisions of Polish law, including but not limited to the Act on Consumer Rights, the Civil Code, the Act on Copyright and Related Rights, the Act on Provision of Services by Electronic Means.
  2. The law applicable to the agreement concluded between the Customer and the Seller, as well as to all matters covered by the Terms and Conditions, is Polish law. Any disputes related to or arising out of the Terms and Conditions and related to the use of the Shop shall be settled by the competent Polish common courts. 
  3. The Shop reserves the right to change the Terms and Conditions in case of introduction of new functionalities or changes in the scope of provided services/Products sold. Orders placed before the date of implementation of changes to the Terms and Conditions will be processed under the existing rules.
  4. The Shop represents that the Product will be unavailable after a certain period of time, so the Shop has created a Facebook group, where the customer can provide the name of the e-book, the page and the name of the Product if the Product is no longer available/sold out. The Shop will then find this Product or a similar one for the customer and update the e-book within 5 business days. In addition, every 3 months, the e-books will be checked and updated by the Shop for a period of 1 year after purchase.
  5. If any provision of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. In the remaining scope, the Terms and Conditions shall remain in effect.
  6. These Terms and Conditions are available on the website of the Shop in a form which allows for obtaining, displaying and storing them using the IT system of the Customer, and additionally in the seat of the Seller.
  7. These Terms and Conditions come into force on 1 July 2022 and shall apply to all orders placed on and after this date.