Regulations of the Online Store – www.liera.academy
- General Provisions
- This Regulation defines the general terms and conditions, the manner of providing services electronically, and the sale conducted via the Online Store www.liera.partners. The store is operated by Katarzyna Liera, conducting business under the name LIERA.PL – Katarzyna Liera, registered in the Central Register and Information on Economic Activity maintained by the Minister of Entrepreneurship and Technology, at al. Jana Pawła II 80/62, 00-175 Warsaw, NIP: 927-133-69-00, REGON: 970654302, hereinafter referred to as the Seller.
- Contact with the Seller can be made via:
- email address: sklep@liera.pl;
- phone number: +48 509 324 707.
- This Regulation is continuously available on the website www.liera.academy, in a way that allows it to be retrieved, played back, and saved at any time by printing or saving it to a medium.
- The Seller informs that the use of services provided electronically may involve risks on the part of any Internet user, consisting of the possibility of introducing harmful software into the Client’s IT system and obtaining and modifying their data by unauthorized persons. To avoid the risk of such threats, the Client should use appropriate technical measures to minimize their occurrence, particularly antivirus programs and a firewall.
- Definitions
The terms used in this Regulation mean:
- Working Days – days from Monday to Friday excluding statutory holidays;
- Client – a natural person who has full legal capacity, a natural person running a business, a legal person, or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
- Civil Code – the act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);
- Account – the part of the Online Store assigned to a given Client, through which the Client can perform certain actions within the Online Store;
- Consumer – a Client who is a consumer within the meaning of Article 22[1] of the Civil Code;
- Entrepreneur – a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
- Regulation – this document;
- Goods – products presented in the Online Store, the description of which is available for each presented product;
- Sales Agreement – the agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
- Services – services provided by the Seller for Clients electronically within the meaning of the act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Consumer Rights Act – the act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
- Act on Providing Electronic Services – the act of July 18, 2002, on providing electronic services (Journal of Laws No. 144, item 1204 as amended);
- Order – a declaration of will by the Client, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Rules for Using the Online Store
- Using the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
- a computer or mobile device with Internet access,
- access to email,
- a web browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1 or newer,
- enabling Cookies and Javascript in the web browser.
- Using the Online Store means any action by the Client that leads to familiarization with the content contained in the Store.
- The Client is obliged in particular to:
- not to provide and not to transmit content prohibited by law, e.g., content promoting violence, defamatory or violating the personal rights and other rights of third parties,
- use the Online Store in a way that does not disrupt its functioning, in particular by using specific software or devices,
- not to take actions such as sending or placing unsolicited commercial information (spam) within the Online Store,
- use the Online Store in a way that is not burdensome for other Clients and for the Seller,
- use all content posted within the Online Store solely for personal use,
- use the Online Store in accordance with the provisions of applicable law in the territory of the Republic of Poland, the provisions of the Regulation, as well as general principles of using the Internet.
- Services
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of maintaining an Account in the Online Store is available after registration. Registration occurs by filling out and accepting the registration form made available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period and is terminated upon the Client’s request to delete the Account or by using the “Delete Account” button.
- The Client has the opportunity to post individual and subjective opinions in the Online Store regarding, among others, the Goods or the course of the transaction. By adding opinions, the Client declares that they have all rights to this content, in particular, copyright, related rights, and industrial property rights. The contract for the provision of the service of posting opinions about Goods in the Online Store is concluded for a specified period and is terminated upon adding the opinion.
- Opinions should be written clearly and understandably, and furthermore must not violate applicable laws, including the rights of third parties – in particular, they must not be defamatory, violate personal rights, or constitute unfair competition. Posted opinions are disseminated on the pages of the Online Store.
- By posting an opinion, the Client agrees to the free use of this opinion and its publication by the Seller, as well as making adaptations of works within the meaning of the Copyright and Related Rights Act (Journal of Laws 1994 No. 24, item 83).
- The Seller has the right to organize occasional competitions and promotions, the conditions of which will be provided each time on the pages of the Online Store. Promotions in the Online Store cannot be combined unless the Regulations of a given promotion state otherwise.
- In the event of the Client’s violation of the provisions of this Regulation, the Seller, after a prior unsuccessful request to cease or remove the violations, specifying an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
- Procedure for Concluding the Sales Agreement
- Information about the Goods provided on the pages of the Online Store, in particular their descriptions, technical and utility parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- All Goods available in the Online Store are brand new, free from physical and legal defects, and have been legally introduced to the Polish market.
- The condition for placing an Order is having an active email account.
- In the case of placing an Order through the Order form available on the Online Store’s website, the Order is placed by the Client electronically to the Seller and constitutes an offer to conclude a Sales Agreement for the Goods specified in the Order. The offer made electronically binds the Client if the Seller sends a confirmation of acceptance of the Order for execution to the email address provided by the Client, which constitutes the Seller’s declaration of acceptance of the Client’s offer, and upon its receipt by the Client, the Sales Agreement is concluded.
- Placing an Order in the Online Store via telephone or by sending an electronic message occurs on Working Days and during the hours indicated on the Online Store’s website. To do this, the Client should:
- specify in the content of the electronic message directed to the Seller the name of the Goods from among those available on the Online Store’s website and its quantity,
- indicate the delivery method and payment form from those provided on the Online Store’s website,
- provide the necessary data to execute the Order, in particular: first and last name, place of residence, and email address.
- In the event that the Client provides inaccurate or incomplete data, the Seller will not be liable for the inability to fulfill the Order due to the lack of the correct data.
- The Seller confirms the Order by sending an email to the Client. In this confirmation, the Seller provides the Client with information about:
- the subject of the Order,
- the total price of the Goods,
- the method of payment,
- the delivery method,
- the time of delivery.
- The Client is obliged to confirm the acceptance of the Order via a return email to the Seller.
- The Seller reserves the right to refuse to execute the Order, and in such a case, will inform the Client within 2 Working Days from the date of placing the Order.
- Prices and Payment Methods
- The prices of the Goods presented in the Online Store are given in Polish zlotys (PLN) and are gross prices, including VAT.
- The total price of the Order is the sum of the prices of the Goods being purchased, the cost of delivery, and any other charges specified in the Order, in accordance with the information provided by the Seller before the conclusion of the Sales Agreement.
- The Seller provides the following payment methods for the ordered Goods:
- traditional bank transfer,
- payment card,
- cash on delivery (only available for Orders delivered in Poland).
- Payment by the Client for the Order is to be made:
- before the Goods are sent,
- upon collection of the Goods (cash on delivery).
- The Seller reserves the right to change prices of the Goods in the Online Store. The price change does not affect the Orders that have already been placed.
- Delivery
- The Seller delivers Goods only to addresses in Poland and selected foreign countries.
- Delivery costs depend on the delivery method and are indicated at the time of placing the Order.
- The estimated time of delivery is 2-5 Working Days from the date of confirmation of the Order. The period of delivery may be extended in the case of orders containing more than one product.
- The Seller shall not be liable for delays in delivery caused by reasons beyond their control.
- Withdrawal from the Sales Agreement
- The Client, who is a Consumer, has the right to withdraw from the Sales Agreement within 14 days without giving any reason, provided that the Goods have not been used and are in their original packaging.
- The withdrawal period begins on the day on which the Consumer came into possession of the Goods or on which a third party other than the carrier and designated by the Consumer came into possession of the Goods.
- The Consumer must submit a statement on withdrawal from the Sales Agreement before the expiry of the withdrawal period. The statement can be submitted in writing, via email, or via the model form available on the website of the Online Store. To meet the withdrawal deadline, it is sufficient to send a statement before the deadline.
- In the event of withdrawal from the Sales Agreement, the Consumer is obliged to return the Goods to the Seller at their own expense immediately, no later than 14 days from the date of withdrawal. The Seller will reimburse the Consumer for the payment received from them, including delivery costs, without delay, not later than 14 days from the day on which the Consumer informed the Seller about their withdrawal.
- The Seller may withhold reimbursement until they receive the Goods back or until the Consumer provides proof of sending the Goods back, whichever is earlier.
- The Consumer shall be liable for the diminished value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
- The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to:
- contracts in which the subject matter of the service is a non-prefabricated item, produced according to the Consumer’s specifications or serving to satisfy their individual needs,
- contracts in which the subject matter of the service is a product that deteriorates rapidly or has a short shelf life.
- Complaints and Warranty
- The Seller is liable to the Client if the Goods have physical or legal defects (warranty). The Client has the right to submit a complaint regarding the Goods.
- The complaint should be submitted to the email address of the Seller or to the address indicated in the introduction to the Regulations. In the complaint, the Client should provide the details of the Order, the complaint’s subject, and the circumstances justifying the complaint.
- The Seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission.
- If the complaint is found to be justified, the Seller shall repair the Goods, replace them with new ones, reduce the price, or withdraw from the Sales Agreement, in accordance with the provisions of the Civil Code.
- Personal Data
- The Seller is the administrator of the personal data of the Clients and processes them in accordance with applicable laws, in particular the General Data Protection Regulation of April 27, 2016 (Journal of Laws EU L 119, p. 1).
- Personal data of the Clients are processed for the purpose of executing the Orders, handling complaints, and for marketing purposes only upon obtaining the Client’s consent.
- The Client has the right to access their personal data, rectify them, request deletion, and limit their processing.
- Final Provisions
- This Regulation is valid from the date of its publication on the website of the Online Store.
- The Seller reserves the right to change the content of the Regulation. Changes to the Regulations do not affect Orders placed before the change of the Regulations.
- Any disputes arising from the application of the Regulations will be settled by the competent court in accordance with applicable provisions.
- The law applicable to the Regulations is the law of the Republic of Poland.
- The delivery of Goods is limited to the territory of the European Union and is carried out to the address specified by the Customer when placing the Order.
- The Customer can choose the following delivery methods for the ordered Goods:
- via a courier service;
- self-pickup at the Seller’s personal pickup point.
- The Seller informs the Customer on the Store’s website in the description of the Goods about the number of Business Days required to process the Order and its delivery, as well as the delivery fees for the Goods.
- The delivery and execution period for the Order is counted in Business Days in accordance with point VII, item 2.
- The Seller, according to the Customer’s wishes, provides a receipt or VAT invoice for the delivered Goods.
- If different execution periods are provided for the Goods covered by the Order, the longest period applies to the entire Order.
VII. Prices and payment methods
- The prices of the Goods are stated in Polish złoty and include all components, including VAT, customs duties, and other fees.
- The Customer can choose from the following payment methods:
- bank transfer to the Seller’s bank account (in this case, the Order will be processed after the Seller sends the Customer confirmation of the Order acceptance, and the shipment will be made immediately after the funds are credited to the Seller’s bank account and the Order is completed);
- cash on personal pickup – payment at the Seller’s personal pickup point (in this case, the Order will be processed immediately after the Seller sends the Customer confirmation of the Order acceptance, and the Goods will be handed over at the Seller’s personal pickup point);
- cash on delivery, payment to the courier upon delivery (in this case, the Order processing and shipment will begin after the Seller sends the Customer confirmation of the Order acceptance and the Order is completed);
- electronic payment (in this case, the Order will be processed after the Seller sends the Customer confirmation of the Order acceptance and after receiving information from the payment system that the Customer has made the payment, and the shipment will be made immediately after the Order is completed);
- installment payment (in this case, the Order will be processed after the Seller sends the Customer confirmation of the Order acceptance, its completion, and after receiving payment for the ordered Goods from ……………………).
- The Seller informs the Customer on the Store’s website about the deadline by which the Customer is required to make the payment for the Order. In the absence of payment by the Customer within the specified deadline, the Seller, after a prior unsuccessful request for payment with the designation of an appropriate deadline, may withdraw from the Agreement based on Article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
- A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting a relevant declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
- The Customer can formulate the declaration independently or use the template for the declaration of withdrawal from the Agreement, which is attached as Annex 1 to the Regulations.
- The 14-day period is counted from the day on which the Goods were delivered or, in the case of a Service Agreement, from the day it was concluded.
- Upon receiving the Consumer’s declaration of withdrawal from the Agreement, the Seller will send a confirmation of receipt of the withdrawal declaration to the Consumer’s email address.
- The right of the Consumer to withdraw from the Agreement is excluded in the case of:
- service provision if the Seller has fully performed the service with the Consumer’s explicit consent, who has been informed before the service commenced that after the Seller’s performance of the service, they will lose the right to withdraw from the Agreement;
- an Agreement where the price or remuneration depends on fluctuations in the financial market that the Seller cannot control and which may occur before the withdrawal period expires;
- an Agreement where the subject of the provision is a non-prefabricated product made according to the Consumer’s specifications or serving to meet their individualized needs;
- an Agreement where the subject of the provision is a product that spoils quickly or has a short shelf life;
- an Agreement where the subject of the provision is a product delivered in sealed packaging that cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;
- an Agreement where the subject of the provision consists of products that, due to their nature, are inseparably combined with other items after delivery;
- an Agreement where the subject of the provision is alcoholic beverages, the price of which was agreed upon upon concluding the Sales Agreement, and which can only be delivered after 30 days and whose value depends on fluctuations in the market that the Seller cannot control;
- an Agreement where the Consumer has explicitly requested the Seller to come to them for urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the Consumer or delivers goods other than spare parts necessary for the repair or maintenance, the Consumer has the right to withdraw from the Agreement concerning the additional services or goods;
- an Agreement where the subject of the provision consists of sound or video recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals, or magazines, except for subscription agreements;
- an Agreement concluded through a public auction;
- an Agreement for the provision of accommodation services, other than for residential purposes, the transport of goods, car rental, catering, services related to recreation, entertainment, sports, or cultural events, if the Agreement specifies the day or period of service provision;
- an Agreement for the delivery of digital content that is not recorded on a tangible medium if the performance of the service began with the Consumer’s explicit consent before the withdrawal period expired and after the Seller informed them of the loss of the right to withdraw from the Agreement.
- In the case of withdrawal from a distance Agreement, the Agreement is deemed not concluded. What the parties provided shall be returned in an unchanged state, unless the change was necessary to ascertain the nature, characteristics, and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
- The Seller will immediately, but no later than within 14 days from the day of receiving the Consumer’s declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the delivery costs of the Goods. The Seller will refund the payment using the same payment method used by the Consumer unless the Consumer agrees to another method of refund, which will not incur any cost for the Consumer. The Seller may withhold the refund of payments received from the Customer until the item is returned or until the Customer provides proof of its return, depending on which event occurs first, unless the Seller proposed to pick the item up from the Customer.
- If the Consumer chose a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to refund the Consumer for the additional costs incurred.
- The Customer bears only the direct cost of returning the Goods unless the Seller agreed to bear that cost.
- Complaints regarding Goods under warranty
- The Seller is obliged to deliver Goods free of defects.
- The Seller is liable to the Customer who is a Consumer under the warranty for defects on the terms specified in Articles 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
- Complaints resulting from violations of rights guaranteed to the Customer by law or under these Regulations should be sent to Liera.pl Katarzyna Liera, al. Jana Pawła II 80/62, 0-175 Warsaw, via email: sklep@liera.pl, phone number +48 509-324-707.
- To consider the complaint, the Customer should send or deliver the complained Goods, if possible, including proof of purchase. The Goods should be delivered or sent to the address specified in point 3.
- The Seller undertakes to consider each complaint within 14 days.
- In the case of deficiencies in the complaint, the Seller will call upon the Customer to complete it in the necessary scope immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
- Complaints regarding electronic services
- The Customer can submit complaints to the Seller regarding the functioning of the Store and the use of Services. Complaints can be submitted in writing to: Liera.pl Katarzyna Liera, al. Jana Pawła II 80/62, 00-175 Warsaw, via email: sklep@liera.pl, phone number +48 509 324 707.
- In the complaint, the Customer should provide their name, correspondence address, type, and description of the problem.
- The Seller undertakes to consider each complaint within 14 days, and if that is not possible, to inform the Customer during this period when the complaint will be considered. In the case of deficiencies in the complaint, the Seller will call upon the Customer to supplement it within 7 days from the date of receipt of the request by the Customer.
- Guarantees
- The Goods may be covered by a manufacturer’s, Seller’s, or importer’s warranty.
- In the case of Goods covered by warranty, information on the existence and content of the warranty and the duration for which it is granted is always provided in the description of the Goods on the Store’s website.
- Extrajudicial methods of resolving complaints and claims
- A Customer who is a Consumer has, among others, the following options for utilizing extrajudicial methods of resolving complaints and pursuing claims:
- is entitled to contact the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
- is entitled to contact the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;