Terms of service

Terms and conditions of the L'enfant online store

The document primarily specifies the principles on which contracts are concluded in the Store, including important information about the Seller, the Store and the rights of Consumers.

CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
Appendix No. 1: Sample withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays in Poland.

Civil Code – Polish Act of 23 April 1964, Civil Code.

Consumer – A Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without direct connection with his/her business or professional activity.

Account – a digital service regulated by separate regulations within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.

Buyer – any entity purchasing in the Store or taking steps to make a purchase.

Preferred buyer – Consumer or Privileged Entrepreneur.

Privileged entrepreneur – A Buyer who is a natural person and who concludes or intends to conclude a contract with the Seller based on the Regulations, which is directly related to his business activity but is not of a professional nature for him.

Statute – these regulations.

Store – L'enfant online store run by the Seller at https://lenfant.pl .

Seller – MICHAŁ BOŻEK, an entrepreneur running a business under the name Michał Bożek Lenfant, entered into the Central Register and Information on Business Activity kept by the minister responsible for the economy and maintaining the Central Register and Information on Business Activity, NIP 6612369923, REGON no. 260739241, Aleja Wilanowska 214/143, 02-765 Warsaw.

Consumer Rights Act – Polish Act of 30 May 2014 on consumer rights.

Pick-up point – point located at Wilcza 60, 00-679 Warsaw

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Wilcza 60, 00-679 Warsaw
  2. E-mail address: kontakt@lenfant.pl
  3. Phone: 505463606
  4. Address for returning goods (in the event of withdrawal from the contract): L'enfant, Wilcza 60, 00-679 Warsaw
  5. Address for sending the complained goods: L'enfant, Wilcza 60, 00-679 Warsaw
  6. The cost of a telephone call or data transmission made by the Buyer is determined by the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • a device with Internet access
    • a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. The product prices displayed in the Store are the total prices for the product.
  2. The Seller points out that the total price of the order consists of the price of the product indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The product you choose to purchase should be added to the cart in the Store.
  4. Then the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and provides the data necessary to complete the placed order.
  5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
  6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

  1. The following payment methods are available in the Store:
    1. via the payment platform:
      • Przelewy24
      • TPay.com
    2. cash on delivery, i.e. by card or cash upon delivery of the goods to the Buyer;
    3. By payment card:
      • Visa
      • MasterCard
      • Visa Electron
      • MasterCard Electronic
      • Maestro
  2. If the Buyer chooses to pay in advance, the order must be paid for within 1 Business Day of placing the order.
  3. By making a purchase in the Store, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILLMENT

  1. The order processing time is 1 business day.
  2. If the Buyer has chosen to pay for the order in advance, the Seller will start processing the order after it has been paid.
  3. The goods are delivered only within the territory of the Republic of Poland.
  4. The following delivery methods are available in the Store:
    1. via the courier company InPost;
    2. to InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawal from the contract expires after 14 days from the date of:
    1. on which the privileged buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;
    2. on which the privileged buyer has taken possession of the last goods, batch or part or on which a third party, other than the carrier and indicated by the privileged buyer, has taken possession of the last goods, batch or part in the case of a contract obliging the transfer of ownership of several goods that are delivered separately, in batches or in parts.
  3. In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
  4. The privileged buyer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
  5. In order to meet the withdrawal period, it is sufficient for the privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the expiry of the withdrawal period.

    EFFECTS OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller shall return to the Privileged Buyer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the Privileged Buyer's choice of a method of delivery other than the cheapest standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal from the contract.
  7. The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
  8. If the Seller has not offered to collect the goods from the Privileged Buyer himself, he may withhold the refund until he receives the goods or until he is provided with proof of their return, whichever occurs first.
  9. The Seller requests that the goods be returned to the following address: L'enfant, Wilcza 60, 00-679 Warsaw immediately, and in any event no later than 14 days from the date on which the Privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the expiry of the 14-day period.
  10. The privileged buyer bears the direct costs of returning the goods.
  11. The privileged buyer is only liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by standard post, the Preferred Buyer will also be responsible for the direct costs of returning the goods. The Preferred Buyer will be informed of the estimated amount of these costs by the Seller in the product description in the Store or when placing the order.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right to withdraw from a distance contract, referred to in § 7 of the Regulations, does not apply in relation to a contract:
    1. in which the subject of the provision is a non-prefabricated good, manufactured according to the specifications of the privileged Buyer or serving to meet his individual needs;
    2. where the subject of the service is a good that spoils quickly or has a short shelf life;
    3. in which the subject of the provision is goods delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
    4. where the subject of the provision are goods which, due to their nature, are inseparably connected with other things after delivery;
    5. where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    6. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
  3. If a warranty has been granted for the product, information about it and its terms is available in the Store.
  4. The Seller will respond to the complaint within 14 days of its receipt.

II. PRIVILEGED BUYERS

  1. Goods
    1. In the event of non-conformity of the goods with the contract, the privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.
    2. The Seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is discovered within two years from that time, unless the expiry date of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
    3. Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the privileged Buyer may demand:
      1. exchange of goods,
      2. repair of goods.
    4. Additionally, the privileged buyer may submit a declaration of:
      1. price reduction,
      2. withdrawal from the contract
      in a situation where:
      • The Seller refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
      • The Seller has not brought the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract persists despite the Seller's attempts 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 use of the protective measures specified in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Preferred Buyer.
    5. In the case of goods requiring repair or replacement, the Preferred Buyer must make the goods available to the Seller. The Seller collects the goods from the Preferred Buyer at its own expense.
    6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
    7. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to the following address: Aleja Wilanowska 214/143, 02-765 Warsaw. The Seller shall refund the price to the privileged Buyer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
    8. The Seller shall refund to the Privileged Buyer 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 Privileged Buyer's declaration of price reduction.
  2. Extrajudicial methods of handling complaints and pursuing claims
    1. The Seller informs the Consumer about the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. Consumers may use, among other options:
      • assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of the Consumer Centres responsible for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
      • the ODR (Online Dispute Resolution) online platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      Additionally, in the Republic of Poland you can use the following forms of support:
      • Mediation is conducted by the relevant Provincial Trade Inspectorate, to which you should apply for mediation. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_kontroli_handlowej.php
      • assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
    2. The previous provision is informative and does not constitute an obligation for the Seller to use extrajudicial dispute resolution methods.
    3. The use of extrajudicial methods of settling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
    4. The consumer may also benefit from free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, a Buyer other than a privileged Buyer has the right to make a complaint about the defective goods on the basis of the warranty regulated in the Civil Code.
  2. To a Buyer other than the privileged Buyer, the Seller is liable under the warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the goods to the Buyer.
  3. Under the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their warranty rights if they fail to inspect the goods within the time and manner customary for goods of this type and fail to promptly notify the Seller of the defect, or if the defect is discovered later, if they fail to notify the Seller immediately after discovering it. To meet this deadline, it is sufficient to send a notification of the defect before its expiry.
  4. When using the warranty, a Buyer other than a privileged Buyer may, under the terms set out in the Civil Code:
    1. submit a declaration of price reduction,
    2. in the case of a significant defect - submit a declaration of withdrawal from the contract,
    3. demand the replacement of the goods with defect-free ones,
    4. demand removal of the defect.
  5. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the Privileged Buyer is obliged to deliver the goods to the address Aleja Wilanowska 214/143, 02-765 Warsaw.

§ 10 PERSONAL DATA

  1. The Seller is the controller of personal data provided by the Buyer when using the Store. Detailed information regarding the processing of personal data by the Seller – including other purposes and basis for data processing, as well as data recipients – can be found in the privacy policy available in the Store – in accordance with the principle of transparency, set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – " GDPR ."
  2. The purpose of processing the Buyer's data provided by the Buyer in connection with purchases made in the Store by the Seller is to fulfill orders. The basis for processing personal data in this case is:
    • the contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
    • the legal obligation of the Seller related to accounting (Article 6, paragraph 1, letter c of the GDPR) and
    • the legitimate interest of the Seller consisting in the processing of data for the purpose of establishing, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
  3. Providing data by the Buyer is voluntary, but necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract with the Store.
  4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller will cease to be valid;
    2. the Seller will no longer have a legal obligation to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
    4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the Seller's legitimate interest
    – depending on what applies in a given case.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. their corrections,
    3. removal,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the law:
    6. to object at any time to the processing of data for reasons related to the specific situation of the Buyer – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Seller).
  6. In order to exercise his rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
  7. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

  1. The Buyer is prohibited from providing illegal content.
  2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time and purpose of fulfilling the order.
  3. All contracts concluded on the basis of these Regulations are subject to the provisions of Polish law, subject to paragraph 4.
  4. The choice of Polish law for contracts concluded under these Terms and Conditions with Consumers does not waive or limit the rights of that Buyer under mandatory provisions of law, which apply to Consumers in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
  5. Agreements concluded on the basis of the Regulations are concluded in Polish.
  6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to a contract concluded via the Store, the competent court will be the court having jurisdiction over the registered office of the Seller.



Appendix No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to, use:



WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the contract)

Michał Bożek Lenfant
Aleja Wilanowska 214/143, 02-765 Warsaw
e-mail address: kontakt@lenfant.pl

- I/We(*) ..................................................................... hereby inform about my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract (*) / receipt (*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.