STATUTE
- These Regulations define the functioning of the Online Store called Lobos, available at the following URL address: https://lobosbags.com and the terms of use of the services offered by the Store. The Terms and Conditions define the rights and obligations of Store Customers, as well as the rights, obligations, and scope of responsibility of the entity managing and operating the Store.
- Whenever the following capitalised terms are used in the Regulations and its annexes, they should be understood as follows for the purposes of interpreting the Regulations:
- Customer – a natural person, legal entity, or entity without legal personality capable of acquiring rights and incurring obligations. Natural persons lacking full legal capacity should obtain the consent of their legal representative before using the Services offered by the Store and present it upon the Seller's request;
- Regulations - these Regulations, posted in the Store at the URL address https://lobosbags.com/pages/terms;
- Seller - AML Capital Management sp. z o.o., ul. Mieczysława Medweckiego 17, 31-870 Kraków, Tax Identification Number (NIP) 6751520252You can contact the Seller by phone at the following number: 48 502 264 158 or by e-mail to the address contact@lobosbags.com;
- Consumer – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity;
- Entrepreneur with consumer rights - a natural person who concludes a contract directly related to his/her business activity, unless the contract is of a professional nature for him/her;
- Goods or Product - a product offered for sale by the Seller via the Store;
- Shop - Lobos Online Store available at URL https://lobosbags.com, owned by the Seller;
- Order Form - a service available in the Store that enables you to place orders, use it to add Products to the cart and specify the terms of the sales contract, including the method of delivery and payment;
- Discount coupon - means any form of reducing the purchase price of the Goods by issuing a unique discount code.
- Gift card - an electronic or physical card, issued to the bearer, entitling the holder to make purchases in the Store for the amount indicated on the card.
- Acceptance of the provisions of the Regulations and their annexes is voluntary, but necessary to use the services offered by the Store.
- Personal data is managed in accordance with the provisions of generally applicable law and the Privacy Policy available on the Store's website.
- It is prohibited to introduce illegal content into the Store that may infringe the rights of third parties or violate the legal order, as well as to interfere with the Store's IT infrastructure.
- The Regulations and their annexes constitute regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Dz.U.2020.344 t.j. from the day 2020.03.03 as amended).
- All taxes required by law are already included in the price visible in the Store, which is the gross price.
- The price does not include shipping costs, which the Customer will be required to pay depending on the selected shipping option. Information regarding shipping costs will be provided to the Customer before placing the order, so that the Customer knows the total cost of the order and can make an informed and voluntary decision in this regard.
- Reduced price is the price that applies as a result of a reduction in the price of the Goods.Whenever a price reduction for a Product is announced, the lowest price for that Product that was in effect during the 30 days prior to the introduction of the reduction is displayed alongside the reduced price. If a Product or service is offered for sale for less than 30 days, the lowest price for that Product or service that was in effect during the period from the date the Product or service was first offered for sale until the date the reduction was introduced is displayed alongside the reduced price.
- The Seller does not use the procedure of individual price adjustment based on automated decision-making, however, if such a procedure is used, the Seller will inform the Customer about it before placing the order.
III. Offer
- The goods offered in the Store are brand new and free from physical and legal defects, except for Products that are clearly marked as having physical defects and are sold at a promotional price. The goods offered in the Store include handmade handbags (unless otherwise expressly stated in the Product information) and other accessories available in the Store.
- The prices of the Goods are expressed in Polish Zloty (PLN) and include VAT (gross price)
- The Store allows the use of Discount Coupons, which can be used to reduce the price of all Products in the basket or the price of a selected Product.
- Discount Coupons cannot be added together (only one Discount Coupon can be used per order placed in the Store).
- A Discount Coupon can only reduce the price of a Product and is only applicable to Products offered at full price (no promotions, price reductions, or clearance sales). A Discount Coupon cannot be used for Products that already have a reduced price (promotional price).
- The Discount Coupon can be used no later than the last day of its validity.
- The Discount Coupon cannot be exchanged for a cash equivalent.
- The Discount Coupon can only be used once and in full amount.
- In the event of returning Goods purchased using a Discount Coupon, the Customer will receive a refund of the value of the Goods shown on the receipt or VAT invoice.
- The Gift Card can only be redeemed in the Store.
- The validity period of the Gift Card is 24 months from the date of purchase.
- After the expiration date, the Gift Card may be reactivated by the Customer only if the Customer does not use the remaining funds on the Card during its validity period. To extend the validity period of the Gift Card, the Customer must submit a request to reactivate the Gift Card to the Seller via the telephone number 48 502 264 158 or by e-mail to the address contact@lobosbags.com.
- If the price of the Goods purchased by the Customer is higher than the amount of money on the Gift Card, the Customer is obliged to pay the price difference using another form of payment acceptable in the Store.
- When redeeming a Gift Card, if the value of the purchased Goods is lower than the current value of the Gift Card, the Customer is not entitled to receive the unused portion of the funds accumulated on the Gift Card in cash. The remaining unused value of the Gift Card remains available for use by the Customer during the Gift Card's validity period, subject to the provisions of Section 12 above.
- The Gift Card cannot be exchanged for cash in whole or in part.
- Promotions for Goods offered on the Website cannot be combined, unless the terms and conditions of a given promotion state otherwise.
- The store offers the following services:
- Newsletter: consisting of free commercial and marketing information provided electronically to the Customer. The Customer begins using the service by providing an email address and consenting to receive messages by checking the appropriate box on the Store's website. The Customer may unsubscribe from the service at any time through their Customer Account or by contacting the Seller.
- Account: This service involves maintaining a Customer account in the Store electronically. The Customer creates an account by providing contact information in the registration form (available after clicking the "Register" button). This service is provided from the moment the Customer receives an email confirming registration. The Customer may request deletion of the account at any time by submitting a request to the Administrator, who will delete the account within 24 hours of the request (on business days).
- Sale of Goods through the Store.
- Services are available in the Store 7 days a week, 24 hours a day, except in the event of a temporary outage of the Store due to the modernization or maintenance of its IT infrastructure, force majeure events beyond the Seller's control, or outages caused by hacker attacks or malfunctions. In each case, the Store will use its best efforts to restore Store functionality as soon as possible.
To use the services offered by the Store, you must have the following equipment:
- a PC, smartphone with the most up-to-date software version, tablet or other mobile device usually used to browse websites,
- internet connection,
- the current version of Firefox, Chrome, Safari or Microsoft Edge or other web browser,
- Adobe Flash Player plug-in installed and JavaScript, frames and CSS support enabled,
- Active email account.
- The store sells via the Internet.
- The Customer may conclude a contract with the Seller via the Store 24 hours a day, 7 days a week, while the execution of orders and the possibility for the Customer to ask questions and contact the Store take place on business days during the Store's opening hours, as indicated on the website.
- To place an order, the Customer:
- Reads the description of the Product and its price, then clicks the "Add to cart" button;
- Approves the Goods or Goods in the basket and the price of their delivery – before placing the order, the Customer is informed about the total cost of the purchased Goods together with their delivery in the selected form, which the Customer must accept in order to place the order;
- Registers an Account, logs in to his/her Account or provides the contact details necessary to deliver the order and submits a declaration of acceptance of the Regulations;
- Selects payment method;
- Confirms the placement of an order with the obligation to pay;
- Payment is due no later than 7 days after receiving the e-mail confirming the order.
- The contact details required to complete the delivery of the order are: name and surname, delivery address, city, postal code, telephone number, e-mail address and, in the case of entrepreneurs or entities other than natural persons or natural persons conducting business activity, also the data required to issue an invoice, i.e. the Tax Identification Number, company name and business address.
- The moment a contract is concluded between the Customer and the Store is the Store's confirmation of the Customer's order. The Store will immediately confirm the Customer's order via email.
- Payment methods available in the Store include payment by credit card, cash on delivery, and przelewy24.
- If payment is not made within 14 days of the order confirmation email being sent to the Customer, the Customer will be notified by email or phone of the required payment and an additional deadline for fulfillment. Failure to make payment by the Customer within the additional deadline will result in the order being canceled, of which the Customer will be notified by email. In certain cases, the above does not exclude the Store's claims arising from generally applicable laws.
- The information referred to in Article 12, Section 1 of the Act of 30 May 2014 on Consumer Rights will be sent to the Customer via email to the address used to place the order in a message confirming the submission and content of the Customer's order. The above-mentioned information will also be visible in the Store when the Customer expresses their intention to be bound by the contract.
- Order fulfillment begins on the next business day after the payment is credited to the Seller's bank account.
- The Store is obligated to deliver the shipment to the Buyer within 30 days of the conclusion of the contract. If the shipment is not delivered within this time, the Customer has the right to withdraw from the contract, regardless of the reasons attributable to the Store or the supplier. The Store is obligated to refund the full amount paid by the Customer, including the shipping cost, within 14 days of receiving the notice of withdrawal.
- If the Store encounters circumstances that prevent the timely fulfillment of all or part of the order, the Customer will be informed immediately. The Customer has the right to cancel the order, partially fulfill it, or reduce the price. The Store is obligated to refund the full amount paid by the Customer, including shipping costs, within 14 days of receiving the notice of withdrawal, or a partial refund in the event of a partial withdrawal.
- The Customer receives an electronic invoice to the e-mail address provided in the Order Form, after prior consent has been granted. express and unambiguous consent to receive invoices in electronic form.
VII. Delivery
- Delivery is made via a courier company or the Seller's own transport.
- The Seller is responsible for the Goods until they are delivered to the Buyer.
- The Seller undertakes to deliver the Goods without defects.
VIII. Right of withdrawal and exclusive rights
- A Customer who is a Consumer pursuant to Article 27 of the Act on Consumer Rights and an Entrepreneur with consumer rights pursuant to Article 27 in conjunction with Article7aa of the Consumer Rights Act, a consumer who has concluded a distance contract has the right to withdraw from the sales contract without giving any reason within 14 days of receiving the Goods.
- A consumer or an entrepreneur with consumer rights may withdraw from the contract by submitting a declaration to the Seller's e-mail address: info@lobosbags.com lub address: AML Capital Management sp. z o.o., ul. Medweckiego Mieczysława 17; 31-870 Kraków. For this purpose, a consumer or an entrepreneur with consumer rights may use the template form constituting Annex 2 to the Regulations.
- The Consumer or Entrepreneur with consumer rights should return the Goods to the Seller immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to send the Goods before its expiry. This deadline does not apply if the Seller has agreed to collect the Goods from the Consumer.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Store, the Store is not obliged to reimburse the Consumer for the additional costs incurred by him.
- The Seller is obligated to refund the full price of the Goods, including the cost of delivery of the Goods to the Consumer, within 14 days of receiving notice of withdrawal from the contract (subject to paragraph 4 above). The Seller shall make payment using the same payment method used by the Consumer or Entrepreneur with consumer rights, or another method agreed upon by the parties, provided that it does not involve additional costs for the Consumer or Entrepreneur with consumer rights.
- The Seller is entitled to withhold reimbursement until receipt of the return of the Goods or proof of their shipment.
- In the event of withdrawal from the contract by the Consumer or Entrepreneur with consumer rights, the contract is deemed not to have been concluded.
- If the Goods have been used in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods, the Consumer or Entrepreneur with consumer rights shall be liable for reducing their value.
- A consumer or an entrepreneur with consumer rights loses the right to withdraw from the contract in the cases specified in Article 38 of the Consumer Rights Act of 30 May 2014 (t.jJournal of Laws of 2020, item 287, as amended.), and in particular in cases of:
- for the provision of services for which the Consumer or Entrepreneur with consumer rights is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or Entrepreneur with consumer rights, who was informed before the commencement of the service that after the Seller has performed the service, he will lose the right to withdraw from the contract, and has acknowledged this;
- in which the subject of the provision is a non-prefabricated Good, manufactured according to the specifications of the Consumer or Entrepreneur with consumer rights or serving to satisfy his individual needs;
- where the subject of the provision is a Good that spoils quickly or has a short shelf life;
- in which the subject of the provision is Goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- in which the subject of the provision are Goods which, after delivery, due to their nature, are inseparably connected with other Goods;
- for the supply of digital content not supplied on a tangible medium, for which the Consumer or Entrepreneur with consumer rights is obliged to pay the price, if the Seller commenced the performance with the express and prior consent of the Consumer or Entrepreneur with consumer rights, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Consumer or Entrepreneur with consumer rights with confirmation of receipt of the consent.
- The provisions of this section define the principles of liability for the performance's compliance with the Agreement regarding the transfer of ownership to the Consumer and the Entrepreneur with consumer rights. In the absence of specific provisions in this section of the Regulations, the provisions of Chapter 5a of the Consumer Rights Act shall apply accordingly.
- In the case of contracts concluded with Consumers or with Entrepreneurs under consumer rights within the meaning of Article 22 (1) of the Civil Code and Article 7aa of the Consumer Rights Act, the Seller is liable for the lack of conformity of the Goods with the contract under the terms set out in Chapter 5a of the Consumer Rights Act.
- The Seller is liable for any lack of conformity of the Goods with the Agreement at the time of their delivery to the Consumer or Entrepreneur with consumer rights and disclosed within two years from that time.
- It is presumed that any lack of conformity of the Goods with the contract that becomes apparent within two years of the date of delivery of the Goods existed at the time of delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.
- The goods are in accordance with the contract if:
- in particular, its description, type, quantity, quality, completeness and functionality remain in accordance with the contract;
- in particular, its suitability for a specific purpose for which it is needed by the Consumer or the Entrepreneur with consumer rights remains consistent with the contract, about which the Consumer or the Entrepreneur with consumer rights informed the Seller at the latest at the time of conclusion of the contract and which the Seller accepted;
- is suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards or good practices;
- is present in such quantity and has such features, including durability and safety, that are typical for Goods of this type and which the Consumer or Entrepreneur with consumer rights may reasonably expect, taking into account the nature of the Goods and the public assurance made by the Seller, in particular in advertising or on the label, unless the Seller proves that:
- he was not aware of the public assurance given and, judging reasonably, could not have known about it,
- before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided, or in a comparable manner,
- the public assurance had no influence on the decision of the Consumer or the Entrepreneur to conclude the contract;
- was delivered with packaging, accessories and instructions that a Consumer or Entrepreneur with consumer rights may reasonably expect to be provided;
- is of the same quality as the sample or model that the Seller made available to the Consumer or Entrepreneur as a consumer before concluding the contract, and corresponds to the description of such sample or model.
- The Entrepreneur shall not be liable for the lack of conformity of the Goods with the contract to the extent referred to in paragraph 4 above, if the Consumer or the Entrepreneur with consumer rights, at the latest at the time of conclusion of the contract, has been clearly informed that a specific feature of the Goods deviates from the requirements of conformity with the contract specified in paragraph 4 above and has expressly and separately accepted the lack of a specific feature of the Goods.
- The goods are also inconsistent with the contract in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer or an Entrepreneur with consumer rights who followed the instructions received from the Seller.
- If the Goods are inconsistent with the contract, the Consumer or Entrepreneur with consumer rights may demand their repair or replacement.
- The Seller may replace the Goods if the Consumer or Entrepreneur with consumer rights requests repair, or the Seller may repair the Goods if the Consumer or Entrepreneur with consumer rights requests replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would require excessive costs for the Seller. If repair or replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
- When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience for the Consumer or Entrepreneur with consumer rights, arising from a change in the method of bringing the Goods into conformity with the contract.
- The Seller will repair or replace the Goods within a reasonable time from the moment the Consumer or Consumer Entrepreneur is informed of the lack of conformity with the contract, and without undue inconvenience to the Consumer or Consumer Entrepreneur, taking into account the nature of the Goods and the purpose for which the Consumer or Consumer Entrepreneur acquired them. The costs of repair or replacement, including, in particular, postage, shipping, labor, and materials, are borne by the Seller.
- The Consumer or Entrepreneur with consumer rights provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Consumer or Entrepreneur with consumer rights at its own expense.
- If the Goods are inconsistent with the contract, the Consumer or An entrepreneur with consumer rights may submit a declaration of price reduction or withdrawal from the contract when:
- The Seller refused to bring the Goods into compliance with the contract,
- The Seller failed to bring the Goods into compliance with the contract,
- the lack of conformity of the Goods with the contract persists even though the Seller has tried to bring the Goods into conformity with the contract,
- the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to repair or replacement,
- it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with consumer rights.
- The reduced price must be in such proportion to the price resulting from the contract in which the value of the Goods that are inconsistent with the contract is in proportion to the value of the Goods that are consistent with the contract.
- The Seller shall refund to the Consumer or Entrepreneur with consumer rights the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer or Entrepreneur with consumer rights on the price reduction.
- A consumer or an entrepreneur with consumer rights may not withdraw from a contract if the lack of conformity of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is material.
- If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Entrepreneur with consumer rights may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods acquired by the Consumer or the Entrepreneur with consumer rights together with the Goods that are not in conformity with the contract, if it cannot be reasonably expected that the Consumer or the Entrepreneur with consumer rights will agree to retain only the Goods that are in conformity with the contract.
- In the event of withdrawal from the contract, the Consumer or Entrepreneur with consumer rights shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer or Entrepreneur with consumer rights immediately, no later than 14 days from the date of receipt of the Goods or proof of their return.
- The Seller shall refund the price using the same method of payment as used by the Consumer or the Entrepreneur with consumer rights, unless the Consumer or the Entrepreneur with consumer rights has expressly agreed to a different method of refund that does not involve any costs for him.
- The Consumer or Entrepreneur with consumer rights who exercises the rights due to the non-conformity of the Goods with the contract is obliged to deliver the defective item at the Seller's expense to the following address: AML Capital Management sp. z o.o., ul. Medweckiego Mieczysława 17; 31-870 Krakow.For a complaint to be considered, it must include data identifying the Consumer or Entrepreneur with consumer rights, their contact details, the subject of the complaint, and any requests related to its consideration. If the complaint received is incomplete and prevents its consideration, the Seller will notify the Consumer or Entrepreneur with consumer rights of the need to complete it. Consumers or Entrepreneurs with consumer rights may use the complaint form located in the "Returns Policy" tab. To take advantage of free shipping via an InPost parcel locker, please read the information in the "Returns Policy" tab.
- In order to facilitate the complaint process, the Seller requests that a description of the non-conformity of the Goods with the Agreement be attached.
- If the Seller does not respond to the requests of the Consumer or Entrepreneur with consumer rights within 14 days, it means that the Seller has considered the requests or statement to be justified.
- Returns in the Store are handled using a returns wizard, which allows for free shipping of a return parcel to the Store via an InPost parcel locker. Detailed information on returning purchased Goods via a parcel locker can be found in the "Returns Policy" tab.
- In the event of disputes, the Seller suggests using amicable methods of resolving them.
- The Seller informs that at the address http://ec.europa.eu/consumers/odr There is an online platform for resolving disputes between consumers and businesses. It is a one-stop shop for out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts or service contracts.
- Resolving any disputes arising between the Seller and Customer, shall be submitted to the competent courts in accordance with provisions of the relevant provisions of the Code of Civil Procedure and other provisions of generally applicable law.
- The provisions of this paragraph apply only to Customers who are natural persons conducting business activities, legal entities or entities without legal personality capable of acquiring rights and incurring obligations placing an order in the Store in connection with the business or professional activity performed and of a professional nature for them.
- The Customer is obligated to inspect the Goods in a manner appropriate to them in the presence of the courier or delivery person and to prepare a report describing any irregularities. Failure to inspect the Goods will result in the loss of warranty rights.
- If any irregularities are found, the Customer is obliged to immediately notify the Seller thereof.
- The court having jurisdiction to resolve any disputes is the court having jurisdiction over the Seller's registered office.
XII. Opinions about the goods
- The Seller verifies reviews of its Goods before they are published.
- Opinions can only be added by Customers registered in the Store, verification is carried out by comparing personal data with the information held by the Seller regarding the Goods sold.
- The seller uses sponsored and barter reviews.
- The published opinions are intended to present the benefits associated with the use of the Seller's Goods, which have been noticed by previous Customers.
XIII.Intellectual property rights
- All intellectual property rights, including, in particular, copyrights and trademarks, in all texts, illustrations, sounds, visualizations, software, and other materials contained in the Store are the property of the Seller or are covered by permission to use them granted by the entity holding such rights. The content of the Store does not infringe the rights of third parties.
- The components of the Store, in particular graphics, technical solutions, text, and the IT language that creates the Store (HTML code, XHTML, JavaScript, CSS sheets, multimedia links), are subject to legal protection for the Store and other authorized entities.
- The content of the Store may not be used, copied, processed or modified without the prior express consent of the Seller.
- Any use of all or part of the content of these Regulations without the consent of the Store constitutes copyright infringement.
XIV. Final Provisions
- The Seller reserves the right to amend these Terms and Conditions if necessary to adapt them to changes in the law, the introduction of new services, or technological changes. Amendments to the Terms and Conditions will take effect 14 days after Customers are notified of the new provisions via email. Customers who do not accept the amended Terms and Conditions have the right to delete their Account in the Store.
- Orders placed before the changes to the Regulations enter into force will be fulfilled in accordance with their previous wording.
- The provisions of the Regulations do not exclude any rights of Consumers granted to them under generally applicable law.
- In matters not regulated in the Regulations, the provisions of law generally applicable in the territory of the Republic of Poland shall apply.
- The Regulations enter into force on September 20, 2023.