GENERAL INFORMATION
1. These Terms and Conditions define the general terms and conditions as well as the manner of sales conducted by Pracownia Projektowa IMAGINE Katarzyna Wigda, ul. Kozłowa 29/31, 15-868 Białystok, NIP 546-129-54-44 through the online store available at: www.latierra.pl.
2. The use of the online store located at www.latierra.pl may only take place in the manner specified and in accordance with these Terms and Conditions.
3. The online store Latierra is available via the Internet and the Website www.latierra.pl; any copying, use in whole or in part requires the consent of the entity described in sec. 1.
4. The Seller creates and implements security measures to prevent unauthorized use, duplication, or distribution of content contained on the Website. Customers agree to refrain from any actions aimed at removing or circumventing such security measures or solutions.
DEFINITIONS
1. Seller’s Office – Pracownia Projektowa IMAGINE Katarzyna Wigda, ul. Kozłowa 29/31, 15-868 Białystok.
2. Business Days – means weekdays from Monday to Friday, excluding public holidays.
3. Delivery – means the actual act of undertaking all activities aimed at delivering the Goods specified in the order to the Customer by the Seller via the Delivery Provider.
4. Delivery Provider – means a courier company with which the Seller cooperates in the delivery of Goods, the Seller’s own transport, or the Buyer’s own transport.
5. Customer – means a natural person, legal entity, or an organizational unit without legal personality, granted legal capacity by law; conducting business or professional activity in their own name.
6. Password – means a sequence of letters and numbers used to secure access to the Customer’s Account. The Password is set by the Customer during the account registration process.
7. Account – means a panel unique to each Customer, activated on their behalf by the Seller.
8. Terms and Conditions – means these terms and conditions.
9. Registration – means the factual act performed as specified in these Terms and Conditions, required for the Customer to use all functionalities of the online store to complete the sale of Goods.
10. Seller – means: Pracownia Projektowa IMAGINE Katarzyna Wigda, ul. Kozłowa 29/31, 15-868 Białystok.
11. Store – means the online platform through which the Seller presents and sells Goods, operating at www.latierra.pl.
12. Goods – means a product offered for sale by the Seller, free from physical and legal defects unless specified otherwise in the product description.
13. Information about Goods – means all descriptions and images related to the Goods, which are intended to identify the Goods and do not constitute an offer within the meaning of Article 66 of the Civil Code, but rather an invitation to enter into a sales agreement.
14. Sales Agreement – means a sales agreement concluded electronically under the terms specified in these Terms and Conditions between the Customer and the Seller.
REGISTRATION
1. To create an Account, the Customer is required to register an Account on the Store’s website. Account registration is done via a registration form, where the Customer must provide their personal data, delivery address, email address, and set their password and login for the Account. After providing all required information and accepting the Terms and Conditions, the Customer attains the status of a registered user.
2. The Seller reserves the right to deny the Customer access to the Store due to its justified interest.
3. The Customer is obliged to make every effort to maintain the confidentiality and non-disclosure of their Account to third parties, including the password and login. In the event of circumstances indicating that the password has been obtained by an unauthorized person, the Customer must immediately notify the Seller using available communication means. In such a case, the Customer will receive a new password from the Seller.
4. The Customer is obliged to update their personal data if any changes occur.
PLACING ORDERS
1. Both registered and non-registered Customers may place orders for Goods.
2. A registered Customer places an order after logging into their Account. After logging in, the Customer selects the Goods, adds them to the cart, and then chooses the delivery method and payment option. To confirm and execute the order by the Seller, it is required to accept the Terms and Conditions and select the icon “order with an obligation to pay.”
3. A non-registered Customer places an order by selecting the desired Goods, adding them to the cart, providing their personal and address details, selecting the delivery method and payment option, and entering an email address. To confirm the Order, the Customer must then select the icon with the description: “order with an obligation to pay.”
4. For Customers with an Account, all Goods added to the cart are remembered. After re-logging into the Account, the cart with added Goods will be restored, and the Customer can add additional Goods to the cart. If Goods are added to the cart without logging in, the cart will not add them to the cart assigned to the Account.
5. The Seller is not a VAT payer and issues only a receipt.
6. Each order will be confirmed by the Seller by sending a message of acceptance for execution to the email address provided by the Customer. A similar confirmation will be sent confirming the dispatch of the Goods to the Customer. Together with the confirmation of acceptance of the order for execution, these Terms and Conditions will be sent to the Customer.
7. Orders can be placed 7 days a week, 24 hours a day. However, orders placed after 12:00 PM will be accepted for execution on the next business day. The order execution time depends on the availability of the Goods with the Seller, the selected payment method, and the required delivery time.
8. Creating an Account by the Customer is equivalent to the Customer’s consent to the provision of services by electronic means by the Seller under Article 10 of the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204). The consent is withdrawn upon the deletion of the Account.
9. The Customer’s order to receive the “newsletter” containing commercial information from the Seller is equivalent to their consent to the provision of services by electronic means by the Seller under Article 10 of the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204). This consent may be withdrawn at any time.
ORDER EXECUTION
1. The Seller reserves the right to refuse to execute an Order if the Goods are unavailable or for reasons beyond the Seller’s control such as force majeure, incorrectly filled out forms, or providing false data, and in the event of a violation of the Terms and Conditions by the Customer.
2. The Seller may execute the order partially when some of the ordered Goods are unavailable.
3. The minimum order value accepted by the Seller for execution cannot be less than PLN 40.00 (gross).
4. It is possible to establish an individual delivery method and cost in the case of placing a larger order.
5. The Goods are shipped in packaging suitable for normal protection of the respective type of shipment.
6. If an order is placed within no longer than 2 business days, it is possible to ship the Goods in a single shipment, provided that the nature of the Goods does not object to this.
PAYMENT
1. The Customer is obliged to pay for the purchased Goods before their delivery. The price to be paid includes the price of the Goods and the cost of shipping. The price to be paid depends on the type of ordered Goods, including their quantity and weight, the chosen payment method, and the delivery method.
2. The prices of Goods are expressed in Polish currency, i.e., złotys, and in Euros. The price given in Euros is an approximate price calculated based on the average exchange rate of the Euro currency announced by the National Bank of Poland.
3. The Seller reserves that the price of the Goods may change without prior notice to the Customer. However, the price of the ordered Goods accepted for execution is not subject to change unless the order has been changed.
4. The Customer may choose the following payment methods:
a) PayU or PAYPAL payment: the payment is made before receiving the goods via the PayU or PAYPAL online platform, which processes electronic payments.
b) Bank transfer: the payment is made via the Customer’s bank by submitting a transfer order to the Seller’s account, which is provided at the time of placing the order. The Customer is obliged to provide the order number in the transfer title.
5. In the case of choosing the payment method from point 3a, the Goods are sent to the Customer after confirming the payment by PayU or PAYPAL. The Customer has the following payment options:
– Payment is made via electronic transfer through cashless payments in Polish currency.
– Payment is made via traditional transfers made outside the Internet or other electronic transfers.
– Payment is made using payment cards that have been approved by banks for Internet transactions in Poland, covering cashless payments, which are: Visa, MasterCard, and other payment cards accepted on PayU.
6. In the case of choosing the payment method from point 3b, the Goods will be sent to the Customer after the funds are credited to the Seller’s account.
7. Each ordered Goods are issued with a sales receipt or VAT invoice (if the Customer is a VAT taxpayer) that will be sent to the Customer along with the shipment.
DELIVERY
1. The delivery of Goods is carried out within the territory of the Republic of Poland and to EU countries.
2. The Seller delivers the ordered Goods via the Delivery Provider to the address specified by the Customer in the order form.
3. The delivery costs are covered by the Customer, unless otherwise stated in the order. The delivery costs are provided to the Customer when placing the order and depend on the selected delivery method, the quantity of Goods ordered, and the delivery address.
4. The delivery time depends on the availability of the Goods with the Seller and the Delivery Provider’s delivery time. The Seller will notify the Customer of the expected delivery time at the time of order confirmation.
5. The Seller is not responsible for delays in delivery caused by the Delivery Provider.
6. The risk of loss or damage to the Goods passes to the Customer upon delivery. If the Customer is a Consumer, the risk passes upon the Customer’s receipt of the Goods.
COMPLAINTS AND RETURNS
1. The Customer has the right to lodge a complaint regarding the purchased Goods or the services provided by the Seller.
2. Complaints may be lodged in writing to the Seller’s address provided in §1, electronically via email to the address provided on the Store’s website, or through the contact form available on the website.
3. The complaint should include the Customer’s contact details, order number, a description of the defect, and a request for how the complaint should be resolved.
4. The Seller will consider the complaint within 14 days from the date of its receipt and will inform the Customer about the resolution via email or traditional mail.
5. In the event of a positive resolution of the complaint, the Seller will repair or replace the defective Goods with new ones, or if this is not possible, will refund the Customer the equivalent of the purchased Goods. The refund will be made using the same payment method used by the Customer unless the Customer agrees to another method of refund.
6. The Customer, who is a Consumer, has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of receipt of the Goods. To exercise this right, the Customer must submit a written statement of withdrawal from the Sales Agreement to the Seller’s address or via email.
7. The Customer is obliged to return the Goods to the Seller within 14 days from the date of withdrawal from the Sales Agreement. The Customer bears the direct cost of returning the Goods.
8. The returned Goods should be intact, without signs of use, and in the original packaging. If the condition of the Goods deteriorated as a result of handling them beyond what is necessary to establish their nature, characteristics, and functioning, the Customer is responsible for the reduction in the value of the Goods.
9. The Seller will refund the payment received from the Customer within 14 days from the date of receipt of the Customer’s statement of withdrawal from the Sales Agreement and after the return of the Goods. The refund will be made using the same payment method used by the Customer unless the Customer agrees to another method of refund.
PRIVACY POLICY
1. The Seller is the controller of personal data provided by the Customer when using the Store.
2. The Seller processes personal data in accordance with applicable laws, including the General Data Protection Regulation (GDPR).
3. The personal data of Customers are processed for the purpose of executing orders, maintaining the Account, and for marketing purposes, provided the Customer has consented to such processing.
4. The Customer has the right to access their personal data, correct them, delete them, restrict their processing, transfer them, and object to their processing. The Customer also has the right to lodge a complaint with a supervisory authority if they believe that the processing of their personal data violates the law.
5. Providing personal data by the Customer is voluntary but necessary for the execution of orders and maintaining an Account.
6. The Seller ensures the security of personal data by applying appropriate technical and organizational measures.
7. Detailed information about the processing of personal data is available in the Store’s Privacy Policy, which is an integral part of these Terms and Conditions.
FINAL PROVISIONS
1. These Terms and Conditions are valid from the date of their publication on the Store’s website.
2. The Seller reserves the right to amend these Terms and Conditions. Any amendments will be communicated to Customers by publishing the new version of the Terms and Conditions on the Store’s website at least 14 days before the changes take effect.
3. Orders placed before the amendments to the Terms and Conditions enter into force will be executed based on the provisions applicable at the time of placing the order.
4. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and the Act on Consumer Rights.
5. Any disputes arising between the Seller and a Customer who is not a Consumer will be settled by the court having jurisdiction over the Seller’s registered office.
6. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the remaining provisions shall remain in force.
7. The Customer declares that they have read these Terms and Conditions and accept all provisions contained herein.
§11
COOKIES FILES
1. The Seller uses the mechanism of electronic files known as “cookies”, which are saved by the Seller’s server on the Client’s end device during the use of the Store.
2. The use of “cookies” aims to ensure the proper functioning of the Website and Online Store on the Clients’ end devices. This mechanism does not damage the Client’s end device and does not cause any configuration changes in the Clients’ end devices or the software installed on these devices. The “cookies” are not intended to identify Clients.
3. The Seller uses the “cookies” mechanism for the following purposes:
a) to remember information about Clients’ end devices;
b) to verify and develop its offer;
c) to properly configure the Store’s service;
d) to adapt and correctly display the Store’s pages on the Client’s end device;
e) to remember the Store’s page settings chosen by the Client, as well as to remember the Client’s device and location;
f) to tailor content according to the Client’s interest profile;
g) to maintain the Client’s session on the Store’s website;
h) to remember recently viewed Goods;
i) to enable auto-login to the Store if this function is selected;
j) for statistical purposes in an anonymous form.
4. The use of “cookies” by the Seller requires consent through acceptance within the communication that appears immediately after entering the Store’s website.
5. The Store may use two types of “cookies”: session cookies and persistent cookies. Session cookies remain on the Client’s device only while using the Online Store’s website. Persistent cookies remain on the Client’s device until they are deleted or until their “lifetime” expires. 6. Each Client may limit or disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that limiting or disabling “cookies” may cause difficulties or prevent the use of the Store’s Website. All information on how to limit and delete “cookies” can be found on the websites of web browser developers.
Example links to the most popular web browsers to limit or disable “cookies”:
– Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
– Internet Explorer: http://windows.microsoft.com/pl-PL/windows-vista/Block-or-allowcookies
– Mozilla Firefox: http://support.mozilla.org/pl/kb/ciasteczka
– Opera: http://help.opera.com/Linux/9.22/pl/cookies.html
– Safari: http://support.apple.com/kb/PH17191?viewlocale=pl_PL.
VALIDITY AND AMENDMENT OF THE REGULATIONS
1. The Regulations are valid from the day they are published on the Store’s website.
2. The content of these Regulations may be saved by printing, recording on a storage medium, or downloading at any time from the Online Store’s website www.latierra.pl.
3. The Regulations may be amended. The Seller will inform the registered Client about the content of the amendments to the Regulations in the form of information containing a summary of the changes via the email address provided in the registration form.
4. The registered Client will receive a notification of the change to the Regulations at least 7 business days before the change. The Client may submit a statement of non-acceptance of the amended regulations electronically within 7 days. In case of non-acceptance, the Client’s account will be deleted. The Client may set up a new account in the future after accepting the currently valid regulations.
5. All orders accepted by the Seller for execution before the date of amendment to the Regulations will be executed based on the regulations that were in effect on the date the order was placed by the Client.
6. If any part of the Regulations is found to be invalid or ineffective under the applicable law, that part shall be interpreted in such a way that it complies with the applicable law and reflects the intentions of the provision as closely as possible. The remaining parts of the Regulations remain fully valid and effective.
FINAL PROVISIONS
1. The Seller reserves the right to change the assortment of the Store, their prices, and to withdraw individual Goods from the Store at any time.
2. The Seller may introduce temporary promotional actions, discounts on Goods, and may also cancel or end them without providing any reason.
3. The governing law applicable to these Regulations is Polish law, particularly the Civil Code and the Consumer Rights Act.
4. Any disputes arising under this agreement with a Client who is an entrepreneur within the meaning of the Civil Code will be resolved by the court having jurisdiction over the Seller’s registered office.
