Terms and Conditions
OF THE ONLINE SHOP WWW.LANOMEBLE.PL
EFFECTIVE AS OF 1 AUGUST 2022
1. The Internet Shop operates at the following address: www.lanomeble.pl (hereinafter: ,,Shop") and is run by Cezary Siwik, conducting business under the name: , "LANO MEBLE" Siwik Cezary, Tyble 63a, 98-420 Sokolniki, VAT ID: 6190013551, REGON: 100363308 (hereinafter: , "Seller" or , "Service Provider").
2. These Terms and Conditions are addressed both to Consumers and businesses using the Shop.
4. These Regulations define the principles of sales of Products and provision of electronic services by the Seller using the means of distance communication in the form of the Internet Shop, as well as the principles of use of the Internet Shop by the Customers and additional functionalities made available through the Internet Shop (electronic services listed in these Regulations).
5. With regard to the provision of services by electronic means, these Regulations are regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
1. Working day - shall mean any day from Monday to Friday excluding public holidays within the meaning of Article 1519 § 1 of the Act of 26 June 1974 Labour Code (Journal of Laws 2020.1320, as amended).
2. Form - a form made available on the Shop's website in order to create an Account.
3. Order Form - an electronic service based on an interactive form available in the Shop, which makes it possible to place an order by the Buyer, in particular by selecting the Products, their parameters, as well as the method of payment and delivery.
4. Consumer - a natural person making a legal transaction with an entrepreneur which is not directly related to their economic or professional activity.
5. Civil Code - the Act of 23 April 1964 Civil Code (Journal of Laws 2020.1740, as amended).
6. Account - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Buyer, in which data provided by the Customer and information about Orders placed by them in the Internet Shop are collected.
7. Buyer - a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person or an organisational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a Sales Agreement with the Seller and who uses the Internet Shop.
8. Newsletter - a bulletin sent electronically (to the e-mail address indicated by the Customer) informing about news and promotions related to the sale of Products presented on the Website.
9. Product - a movable item available in the Internet Shop which is the subject of a Sales Agreement between the Buyer and the Seller.
10. Content - all materials and other information placed in the Shop, including Seller's commercial information.
11. Electronic Service - services provided electronically by the Service Provider consisting of:
- enabling the conclusion of a contract of sale, by placing an Order, for Products presented in the Shop by means of an Order Form, including viewing its status;
- maintaining an account;
- access to Order history;
- newsletter subscription.
12. Customer - a natural person, a legal person and an organisational unit without legal personality who uses the electronic Services made available by the Service Provider.
13. Order - the Buyer's declaration of intent to conclude a Product Sales Agreement with the Seller.
§3. General rules of using the Shop.
1. Announcements, advertisements, price lists and other information about the Products given on the Internet Shop website, in particular their descriptions, technical and usage parameters, including prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. Contracts concluded through the Shop are concluded in the Polish language only.
3. All prices given in the shop are given in Polish zloty and include value added tax (VAT) in accordance with the applicable laws. Prices do not include possible delivery costs, which are indicated when placing an Order.
4. The Seller stipulates that all dimensions of upholstered furniture indicated on the Internet Shop website are given in centimetres with a tolerance of approx. +/- 5 cm depending on the type of upholstery selected by the Buyer.
6. The Buyer gains access to the Shop's Content by starting to use the Shop's page or subpages.
7. The Buyer may terminate the use of services consisting of access to the Shop at any time by leaving the Internet Shop page or subpages.
8. The use of the Shop by the Buyer consisting only in browsing and reading the information contained within the Shop does not require registration and is free of charge.
§4. Rules for placing an Order.
1. The Buyer has the possibility to place an Order for Products from the Shop:
- on-line via the Internet Shop's website,
- via electronic mail by sending an e-mail to: firstname.lastname@example.org,
- by telephone at telephone numbers: 602453441, 515903902, 627945208.
2. As a condition for the fulfilment of the Order, the Order Form must first be filled out correctly, including all the necessary information marked with the *, symbol, which can be found on the Internet Shop's website, as well as the Buyer's data in the form of: first and last name, mailing address, Order delivery address, telephone number and e-mail address. The obligation to provide the aforementioned data also applies to Orders placed by e-mail and by telephone.
3. After placing an Order, the Seller immediately confirms to the Buyer its receipt within two working days in the form of an e-mail message to the address indicated by the Buyer, which will contain all material elements of the Order, including the Seller's statement of receipt.
4. The Buyer may make changes to the Order or cancel it until the Seller confirms acceptance of the Order for execution.
5. In the event it is not possible to confirm the Order through the Buyer's fault, in particular as a result of incorrect contact details provided by the Buyer, the Order shall be cancelled by the Seller within 3 working days from the date of submitting the Order.
6. The Seller shall inform the Buyer of acceptance of the Order for execution by sending an appropriate e-mail message to the Buyer's address provided during placement of the Order. The moment the message is received, the contract of sale is concluded between the Buyer and the Seller.
§5. Payment methods.
1. The Seller makes the following methods of payment available:
- Cash on delivery payment paid in cash to the courier upon receipt of the Order.
- Payment by traditional bank transfer to the bank account of the Seller:,,Lano Meble” Siwik Cezary, Tyble 43C, 98-420 Sokolniki, Bank: Powszechna Kasa Oszczędności Bank Polski, Bank account number: 63 1020 4564 0000 5802 0063 0525.
- Transfer to an account - after placing the Order, a button "print transfer form" will appear on the confirmation sheet. The Buyer can print a completed transfer form directly from here or fill in the form manually by writing down the transfer details on the screen and go with it to any point accepting payments.
- Payments in the instalment system, which is made in whole or in part with funds from a credit granted by:
- the company Santander Consumer Bank S.A. with registered office in Wrocław (54-202), ul. Legnicka 47B, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Economic Department of the National Court Register under KRS number 0000040562, VAT ID 5272046102, REGON 012736938;
- the company Alior Bank S.A. with its registered office in Warsaw (02-232), ul. Łopuszańska 38D, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under KRS no. 0000305178, VAT ID 1070010731, REGON 141387142;
- the company mBank S.A. with its registered office in Warsaw (00-850), ul. Prosta 18, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000025237, VAT ID 5260215088, REGON 001254524.
2. Under the instalment system, the Buyer may use the following payment options:
- Instalment system eRaty offered by the company Santander Consumer Bank S.A. with its registered office in Wrocław, detailed terms and conditions of using the above mentioned services are available on the website of the credit institution: https://www.santanderconsumer.pl/;
- Instalment system eRaty offered by mBank S.A. with registered office in Warsaw, detailed terms and conditions of using the aforementioned services are available on the website of the credit institution: https://www.mbank.pl/;
- Instalment system eRaty offered by Alior Bank S.A. with its registered office in Warsaw, detailed terms and conditions of using the aforementioned services are available on the website of the credit institution: https://www.credit-agricole.pl/.
3. The Seller declares that on the basis of the agreements concluded with Santander Consumer Bank S.A., based in Wrocław, and mBank S.A., based in Warsaw, it is authorised to perform legal actions related to the conclusion/amendment of credit agreements for the purchase of goods and services.
4. The Buyer may make electronic payments in the manner each time available on the Internet Shop website.
§6. Order Processing.
1. The Order completion time is 21 working days from the date of confirmation of acceptance of the Order for execution by the Seller. In the case of the Buyer making use of instalment payment options, the Order completion time shall be counted from the date of conclusion by the Buyer of an agreement with the entities referred to in § 5.1.f of these Regulations.
2. In the case of Products which are not in the Seller's warehouse, their lead time may be extended to 30 working days, depending on the time of delivery of such Products by suppliers, of which the Buyer shall be informed by e-mail.
3. If it takes longer than 30 working days to import the Products ordered by the Buyer, the Buyer will be informed of this fact and of the planned delivery date, via e-mail to the e-mail address indicated by the Buyer.
4. In the event that the Buyer has chosen a form of payment via PayU, PayPal or bank transfer, the time for execution of the Order is calculated from the date of receipt of funds to the bank account.
5. In the event that the Buyer has chosen a form of payment via PayU, PayPal or Blue Media S.A., the time for execution of the Order is calculated from the day of payment with a confirmed status of a correctly executed operation.
1. The Seller provides the following methods of delivery or collection of the Order:
- Personal collection - the place and date of collection is indicated during the placement of the Order via the Order Form;
- Courier delivery, cash on delivery;
- Seller's own transport - this applies to Orders including beds ordered with or without mattresses, furniture and sofas;
- Transport by an external transport company - in the case of making International Orders to: Czech Republic, Slovakia, Germany, Belgium, the Netherlands, Great Britain, Austria, Croatia, Denmark, Estonia, Finland, France, Greece, Spain, Lithuania, Luxembourg, Latvia, Malta or Portugal.
2. Delivery of Orders is available in the territory of the Republic of Poland and abroad.
3. Delivery costs, if any, are indicated during the placement of the Order. They depend on the method of delivery and payment selected by the Buyer. Delivery costs are also indicated on the Shop website under the "Delivery" tab.
4. The courier delivers the Order to the address indicated by the Buyer in the form.
5.The Order should be delivered to the Buyer no later than seven working days from the day it was sent by the Seller.
6. If the Buyer has chosen transfer on account as a form of payment, the Order shall be dispatched only after the Buyer's payment is credited to the Seller's account.
7. In the event that the Buyer has chosen a form of payment from PayU or PayPal, dispatch of the Product will take place after the payment has been made with the confirmed status of the operation properly executed.
8. In the event that the Buyer has chosen a method of payment in the instalment system - from the date of crediting the Seller's bank account with the funds from the credit granted to the Buyer.
9. Delivery of the Product does not include bringing the Product into the flat.
10. The Product is delivered from Monday to Sunday between 6 am and 11 pm.
11. The Buyer is obliged to check whether the parcel or its packaging is not visibly damaged. If any damage is found, the Buyer is obliged to draw up a complaint protocol in the presence of the courier.
§8. Complaint procedure. Out-of-court complaint and claim procedure.
1. If a Product sold through the Shop has defects, the Buyer has the right to lodge a complaint to the Seller. Defects in the Products which arose as a result of improper use by the Buyer are not subject of complaint.
2. A complaint can be filed:
- in person at the Seller's place of business: Tyble 43, 98-420 Sokolniki;
- in the form of a letter to the address: Tyble 43, 98-420 Sokolniki;
- in electronic form via e-mail to: email@example.com.
3. The complaint should contain: Buyer's data (name, surname, address enabling contact with the Buyer), indication of the Product complained about and the date of its receipt, as well as description of the reported objections. If the data provided in the complaint are insufficient or need to be supplemented, the Seller, before considering the complaint, will ask the Buyer to supplement the complaint to the extent indicated. Including a copy of the receipt or invoice with the complaint will facilitate its recognition.
4. The term of complaint recognition is 14 days from the date of its receipt by the Seller in its correct form. The response to the complaint is sent by post to the address provided by the buyer or, if an e-mail address is provided as the address for correspondence, by e-mail.
5. The Seller shall not be liable for damages caused by mistakes made by the Buyer when placing the Order, or for unjustified refusal to collect the Product. In such a situation, the costs related to reshipment of the Product shall be borne by the Buyer.
6. Detailed information concerning the possibility for the Consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available in the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following website addresses of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php,
§9. Withdrawal from the agreement.
1. A consumer w within the meaning of Article 221 of the Civil Code, has the right to withdraw from an agreement concluded at a distance within 14 days without giving any reason. However, the Seller extends this period to 60 days. The deadline for withdrawal from the agreement thus expires after 60 days from the date of receipt of the Order.
2. The period for withdrawal shall commence from the date on which the Order is handed over to the Buyer or a third party designated by the Buyer and, in the case of an agreement that includes multiple Products that are delivered separately, in batches or in parts, from the Buyer (or a third party designated by the Buyer) taking possession of the last Product, batch or part.
3. To maintain the right to withdraw from the agreement, it is sufficient to send the declaration of withdrawal before the deadline. The declaration may be sent to the Seller:
- in the form of a letter to the address: Tyble 43, 98-420 Sokolniki;
- in electronic form via e-mail to the address: firstname.lastname@example.org.
4. In the case of withdrawal from the agreement under the above-mentioned rules, the Seller shall, not later than within 14 days from the receipt of the Buyer's declaration of withdrawal from the agreement, return to the Buyer all payments made by the Buyer, including the costs of delivery of the goods, subject to paragraphs 6 and 7 of this section.
5. If the Seller has not offered to collect the Product from the Buyer himself, the Seller may withhold reimbursement of the payments received from the Buyer until he has received the Product back or the Buyer has provided proof of its return, whichever event occurs first.
6. If the Buyer has chosen a method of delivery of the Product other than the cheapest ordinary method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for the additional costs incurred by the Buyer.
7. The Buyer is obliged to return the Product to the Seller immediately, no later than within 14 days from the date of withdrawal from the agreement or hand it over to a person authorised by the Seller to collect it, unless the Seller offers to collect the Product himself. It is sufficient to send the Product back before the deadline. Please pack the returned Product securely and write "RETURN" on the parcel in a visible place.
8. The direct costs of returning the Product shall be borne by the Buyer, and the amount of these costs shall depend on the dimensions of the returned Product.
9. The Buyer shall be reimbursed using the same method of payment used by the Buyer, unless the Buyer expressly agrees to a different method of reimbursement that does not incur any costs for the Buyer.
10. The right of withdrawal from an agreement concluded remotely does not apply to the Consumer in relation to agreements indicated in Article 38 of the Act on Consumer Rights, in particular in relation to agreements:
- for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed prior to the beginning of the performance that after the Seller's completion of the performance, he will lose the right to withdraw from the agreement;
- where the subject of the performance is a non-prefabricated item produced to the Consumer's specifications or serving to meet his individual needs;
- in which the subject of the performance are things which after delivery, due to their nature, are inseparable from other things.
11. The Buyer shall only be liable for any diminution in the value of the Products resulting from the use of the Product in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the Product.
12. The following are not subject to return:
- a prefabricated product, i.e. a product made to the Buyer's individual order (i.e. among others, continental beds, a mattress with non-standard dimensions. Standard mattress size is: 80x200, 90x200, 100x200, 120x200, 140x200, 160x200, 180x200).
- a product that has been delivered in a sealed package which, once opened, cannot be returned for health or hygiene reasons (i.e., among others, mattresses that have been unpacked from their original packaging).
1. All Products sold through the Shop are covered by a 24-month quality guarantee from the Seller. The warranty period is counted from the date of delivery of the Product to the Buyer.
2. If, during the warranty period, physical defects of the Product are found, the Seller undertakes to repair the Product or replace it with a new one within 21 working days from the date of notification of the defect by the Buyer. The choice of the method of removing the defect belongs to the Seller.
3. If, in the opinion of the Seller, repair of the Product or replacement with a new one is impossible or would require excessive costs, the Seller will return to the Buyer the price paid for the Product.
4. If the Buyer reports a defect in the Product under the warranty, the Seller shall collect the Product at its cost or repair the Product at the place where the Product is located. The Seller shall choose the method of removing the defect and the place of the repair.
5. Reporting of a physical defect in the Product under the warranty must be made within 14 days of the discovery of the defect. The report should be made:
- in the form of a letter to the address: Tyble 43, 98-420 Sokolniki;
- in electronic form via e-mail to: email@example.com.
6. The report should contain the Buyer's data (name, surname, address, contact number), proof of purchase of the Product from the Seller, description of the reported objections along with the indication that the Buyer is reporting under the warranty.
7. Granting a guarantee by the Seller on the Product in no way excludes, limits or suspends the Buyer's rights under the warranty for defects of the sold thing.
8. Liability under the warranty covers only defects arising from causes inherent in the Product sold.
9. The warranty does not cover:
- defects, mechanical damage, quantitative deficiencies that could be noticed upon delivery;
- damage resulting from improper use, assembly by the Buyer or transport on their own;
- damage resulting from improper maintenance of the furniture ( influence of humidity, temperature, breaking of elements);
- damage resulting from alteration or repair of the furniture made by the Buyer or at his request;
- changes in colour caused by oxidation and insolation of pine, in the case of white furniture, there is a possibility of discolouration caused by the natural structure of pine wood (change of colour, knots and rings). Wood is a natural product whose grain, structure and colour are subject to variations due to growth, location and climate. Furthermore, the shade of the wood surface changes over time as a result of light and heat. All types of wood are subject to this natural ageing process to a greater or lesser extent. Wood is not resistant to light;
- the action of sunlight, including diffused daylight indoors, contributes most to the colour change. The degree of colour change that occurs depends not only on the passage of time, but also on the location of the furniture;
- defects related to bad storage of the Product, i.e. wrong temperature, humidity or maintenance with unsuitable products;
- when the reason for the price reduction is a defect in the Product of which the Buyer was aware at the time of purchase;
- differences in the appearance of the furniture that may result from the computer settings;
- differences in colour, knots and grain;
- natural "blemishes" and knots occurring in the structure of the wood intentionally preserved in the process of creating furniture emphasise its authenticity and natural beauty;
- differences in the size of mattresses related to the properties of the materials they are made of, up to 2 cm;
- invisible parts such as the frame, drawer bottoms, the board supporting the frame, etc. are not painted the same as the rest of the bed;
- cracks caused by dynamic screwing or screwing in around the edges of furniture;
- bluishness of wooden elements - this is a natural colour change of wood that has been felled in the forest and due to lying for some time in the form of a log has turned blue. Blue staining does not adversely affect human health either during the use of such wood or during processing. The staining has absolutely no effect on the strength of the component;
§11. The Buyer who is not a Consumer.
1. This section of the Regulations and all the following provisions apply to the Buyer who is not a Consumer and who enters into an agreement directly related to his business or professional activity.
2. The Seller's liability under Product warranty towards the Buyer who is not a Consumer is excluded.
3. In the case of Buyers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Buyer in the Order Form and the conclusion of the Sales Agreement.
4. The Buyer who is not simultaneously a Consumer is obliged to perform their obligation under the Sales Agreement (i.e. in particular to pay the price and collect the Product) immediately, no later than within 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. Products being the subject of a Sales Agreement concluded with the Buyer who is not simultaneously a Consumer shall remain the property of the Seller until the price and delivery costs are paid on account of the Sales Agreement.
6. As of the moment of handing over the Product by the Seller to the carrier, the benefits and burdens related to the thing as well as the danger of accidental loss or damage of the thing pass to the Buyer. In such an event, the Seller shall not be liable for any loss, depreciation or damage to the Product occurring from its acceptance for transport until its release to the Buyer, or for any delay in transporting the consignment.
7. If the Product is sent to the Buyer by a carrier, the Buyer who is not the Consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that the Product has been damaged or lost in transit, he is obliged to do everything necessary to establish the carrier's liability.
8. The Buyer who is not a Consumer may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.
9. The Seller's liability towards The Buyer who is not simultaneously a Consumer, regardless of its legal basis, is limited - both under a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement. The Seller shall only be liable towards the Buyer who is not simultaneously a Consumer for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits towards the Buyer who is not simultaneously a Consumer.
10. Any disputes arising between the Seller and the Buyer who is not a consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
§12. Terms and conditions of use of the Shop. Complaints concerning the Shop.
2. If the Customer uses a device and software that does not meet the technical requirements specified above, the Seller does not guarantee the correct functioning of the service and stipulates that this may have a negative impact on the quality of its services.
3. When using the Electronic Services, it is forbidden for the Customer to provide unlawful content that violates the laws in force on the territory of the Republic of Poland or good manners.
4. The Buyer shall be held fully responsible for any consequences of incorrectly filled in forms, in particular by providing incorrect or untrue data.
5. The Buyer has the right to submit complaints relating to the functioning of the Website:
- in writing - by letter to the address of the Seller's registered office,
- in person by submitting a written complaint at the registered office of the Seller,
- in electronic form by sending an e-mail to firstname.lastname@example.org.
6. The complaint should include:
- data enabling identification and contact details of The Buyer,
- description of the problem giving rise to the complaint,
- demands in connection with the complaint.
7. Complaints will be considered immediately, no later than within 14 days of their receipt.
8. The Seller reserves the right to leave a complaint unanswered if it concerns disruptions in the operation of the Shop resulting from ignorance of the Regulations, in particular resulting from failure to meet the technical requirements specified in the Regulations.
§13. Personal data.
1. The Buyer acknowledges the fact that the Seller acts as a personal data administrator.
§14. Final provisions.
1. The content of the Terms and Conditions may be changed, however the changes introduced shall not apply to Agreements concluded before the effective date of the new Regulations.
2. The Seller reserves the right to change the Regulations at any time.
3. The current and archival versions of the Regulations are available at www.lanomeble.pl, where they can be downloaded, saved on a permanent medium or printed at any time.
4. The Regulations shall enter into force on 1 September 2022.