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Store Regulations Returns & Warranty
§1 GENERAL PROVISIONS
These Online Store Regulations (hereinafter referred to as the "Regulations") define the rules for using the Online Store, including, among others, placing and fulfilling Orders, using the Customer Account, the complaint procedure, and rights related to withdrawal from the Sales Agreement.
The Regulations are made available to the Customer at the Store Regulations free of charge, before concluding the Sales Agreement, in a manner enabling the acquisition, reproduction and recording of the content of the Regulations using the Teleinformatic System used by the Customer.
The Customer is obligated to comply with all provisions of the Terms and Conditions. Sales are based on the current version of these Terms and Conditions, i.e., the version that is in effect and accepted by the Customer at the time of placing the Order.
The conclusion of an agreement for the electronic provision of Customer Account services specified in these Regulations is subject to registration in the Online Store, reading and accepting the content of these Regulations.
By concluding an agreement on the provision of Customer Account services electronically, the Seller undertakes to permanently provide the Customer with access to the Customer Account and use of the Online Store to the full extent on the basis, within the framework and on the principles specified in these Regulations.
§2 DEFINITIONS
Whenever the Regulations refer to:
"Seller" – it shall be understood as Alventure Group Sp. z o. o. Sp. K. - LazySens, address Filomatów 56, 42-217 Częstochowa, NIP number: 9492240831, REGON number: 384757872, e-mail hey@lazysens.com – which operates the Online Store and sells Goods through it;
"Customer" - this should be understood as a natural person with full legal capacity and, in cases provided for by generally applicable provisions of law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity - using the Online Store, including by means of a Customer Account created for him by the Seller;
"Consumer" - this shall be understood as a Customer who is a natural person, using the Online Store, in particular making purchases, to the extent not directly related to the Customer's business or professional activity;
“Parties” – this shall be understood as meaning jointly the Seller and the Customer;
“Sales Agreement” – this shall be understood as an agreement concluded at a distance, the subject of which is the sale of Goods by the Seller to the Customer in accordance with the principles set out in the Regulations.
“Online Store” – this shall be understood as the internet platform LazySens.com administered by the Seller, available online through the website LazySens.com, through which the Customer can purchase Goods;
"ICT System" - this shall be understood as a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2004 - Telecommunications Law (consolidated text: Journal of Laws of 2019, item 2460, as amended);
"Goods" - this shall be understood as a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. Images of the Goods are for illustrative purposes only; this means that the Goods in the images may differ slightly from their actual appearance due to the individual settings of the Customer's computer equipment (e.g., color saturation, proportions).
"Customer Account" – this shall be understood as an individual account set up for the Customer as part of the provision of services electronically by the Seller, through which the Customer has access to the Online Store and has the option of, among other things, placing Orders in a simplified manner;
“Electronic Address” – this shall be understood as the designation of the Teleinformatic System enabling communication via electronic means of communication, in particular electronic mail;
"Price" – this shall be understood as the gross value of the Goods expressed in PLN, including value added tax. The price does not include the cost of delivery, which depends on the method of delivery of the Goods to the Customer, as well as the value and size of the Order, and is provided when the Customer selects the delivery method. The total cost of the Order (i.e., the price of the Goods together with other costs, including delivery costs) is indicated in the shopping cart before the Customer places the Order;
“Personal Data” – this shall be understood as information about an identified or identifiable natural person;
“Personal Data Controller” – this shall be understood as the Seller who, acting in this role alone or jointly with others, determines the purposes and means of processing Personal Data;
“Regulations” – this shall be understood as this document;
“GDPR” – this shall be understood as REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU.L.2016.119.1 of 2016.05.04);
“Order” shall be understood as a declaration of intent of the Customer submitted via the Online Store specifying: the type and quantity of the Goods ordered; the type of delivery; the type and amount of payment; the place of delivery of the goods, the Customer’s data, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
The Online Store is run by the Seller.
The Online Store is not intended for wholesale sales. If the Customer wishes to purchase Goods in bulk, please contact the Seller by email to the Seller's email address: hey @ lazysens.com . If the content of the Order placed through the Online Store indicates that the Order is a wholesale Order, the Seller has the right to refuse processing such Order by informing the Customer via an appropriate message in the Online Store or by contacting the Customer regarding this matter.
Information about the Goods published on the Online Store website does not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to submit offers within the meaning of Article 71 of the Civil Code.
Information about the Goods published in the Online Store does not mean that the Goods are actually available from the Seller and that it is possible to fulfill an Order for them.
Goods presented in the Online Store may be covered by a manufacturer's, importer's, or seller's warranty, which covers Poland. The warranty period for each Good is indicated in its description. Detailed warranty terms are specified in the warranty card issued by the guarantor.
The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, and conduct promotional campaigns in the Online Store, in particular based on the terms and conditions of a given promotion. These changes do not affect the effectiveness and fulfillment of previously placed Orders by the Customer.
The Seller ensures that the Online Store is available to the Customer only online and provided that the Customer provides, at his own expense:
computer hardware with an operating system enabling the use of Internet resources,
Internet connections;
access to an individual e-mail account;
a properly configured web browser in the latest official version with the option of handling cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
Subject to the provisions of the Regulations to the contrary, the Online Store is available to the Customer during the period of his/her use of the Online Store, 24 hours a day, seven days a week.
The Seller reserves the right to have the Online Store unavailable to the Customer online in order to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, troubleshooting, making necessary adaptations, changes and other similar activities.
The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and changing existing functionality.
§4 CUSTOMER ACCOUNT
The condition for the Customer to use the full scope of functionality of the Online Store is the acceptance of the provisions of the Regulations, free registration of a Customer Account in the Online Store and confirmation of this registration by the Seller.
Creating a Customer Account is not necessary to place an Order in the Online Store.
By registering a Customer Account and accepting the provisions of the Regulations, the Customer submits a declaration of will expressing consent to the provision of Customer Account management services electronically in accordance with the provisions of the Regulations.
When registering a Customer Account, the Customer enters a login and password that they have established and are known only to them. The Customer is obligated to ensure that their login and password remain confidential, and in particular, they must not disclose them to unauthorized persons.
In order to register a Customer Account, the Customer should:
complete the registration form available in the Online Store;
complete all form fields marked with an asterisk as required;
accept the Regulations.
The data entered into the registration form when registering a Customer Account should relate to the Customer and should be true.
During Customer Account registration, a confirmation of Customer Account registration in the Online Store will be sent to the email address provided in the registration application, requesting verification of data and completion of Customer Account registration. At this point, an agreement for the electronic provision of Customer Account management services is concluded, and the Customer is able to access the Customer Account and make changes to the data provided during registration.
The Seller may refuse to accept the registration of a Customer Account and the conclusion of a contract for the provision of services by electronic means for important reasons.
§5 ORDERS AND THEIR FULFILLMENT
Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
The Customer may place an Order after logging in to the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary to complete the Order.
To place an Order through the Online Store, the Customer adds the selected Goods to the cart by selecting the type and quantity of Goods and pressing the "ADD TO CART" button. The Customer then completes other technical steps based on the displayed messages, including selecting the delivery method and payment method. The Customer then places the Order by sending an electronic Order form to the Seller, selecting the "Order with payment obligation" button (or equivalent) on the Online Store website. To place an Order, the Customer must first accept the Terms and Conditions. In the Order summary, before it is sent to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e., the Price for the selected Goods, the shipping costs, and all additional costs incurred in connection with the Order.
Sending the Order by the Customer constitutes an offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the Order.
After placing an Order, the Seller will send information about the Order's acceptance to the Customer's email address. This information constitutes the Seller's declaration of acceptance of the offer, which is equivalent to the conclusion of a Sales Agreement by the Parties.
The Price given in the basket at the time of placing the Order by the Customer is binding and final.
The Customer may pay for an Order placed in the Online Store:
cash on delivery - in the case of delivery of the Goods by courier or collection of the Goods in person by the Customer, or
in advance – by traditional transfer to the Seller’s payment account number Bank account number: PL44 1050 1142 1000 0090 3204 8879 or by electronic payments and payment cards via electronic payment operators.
When making a payment, the customer will be informed of the payment amount immediately before making the payment, as well as information about the available payment methods and the payment operator's details. Detailed terms and conditions for making payments through electronic payment operators are available on the website of the respective operator.
In order to make a payment via an electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to which he will be redirected from the Online Store, and immediately pay for the placed Order.
The Customer declares that he or she consents to the Service Provider's use and transmission of electronic invoices that do not require party signatures in PDF format by sending them to the electronic address provided by the Customer. The Seller will deliver the invoice to the Customer electronically immediately after receiving payment for the Order.
The Seller delivers Goods only within the territory of the Republic of Poland, unless otherwise stated in the description of the Goods.
When placing an Order, the Customer selects the method of delivery of the Goods. The Goods may be delivered to the Customer:
via courier company,
via parcel locker,
by personal collection of the Goods by the Customer at the Seller’s premises.
The Seller posts information in the Online Store about the number of business days needed to deliver the Goods using a specific delivery method.
Upon receiving the Goods, the Customer should inspect their condition. If damage or tampering with the packaging is detected, it is recommended that the Customer complete a damage report in the presence of the person delivering the Goods. The Customer should immediately send the damage report to the Seller, along with any complaints.
The Seller reserves the maximum time for the execution of the Order to be 30 days. After the unsuccessful expiry of this period, the Customer may cancel the Order by sending a statement of cancellation of the Order to the Seller. In such a case, the Seller shall immediately return to the Customer who is a Consumer all payments made by him, including any costs of delivering the Goods.
The Seller attaches a confirmation of sale in the form of a VAT invoice or fiscal receipt to each delivered Order. If the Ordering Party is a VAT payer and wants to receive an invoice, they should send the Seller appropriate information about this, e.g. via e-mail immediately after the purchase, providing the necessary data.
§6 TERMINATION AND EXPIRATION OF THE SERVICE PROVISION AGREEMENT
This chapter does not apply to Sales Agreements, but applies only to agreements for the electronic provision of Customer Account management services.
The agreement for the provision of services by electronic means may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the agreement by sending a message to the Customer to the Electronic Address indicated by the Customer in the Customer Account.
The Seller has the right to terminate the agreement for the provision of services by electronic means at any time for important reasons with a 14-day notice period. The Seller terminates the agreement for the provision of services by electronic means by sending the Customer an appropriate declaration of intent to the Electronic Address indicated by the Customer in the Customer Account.
The contract for the provision of services by electronic means expires in the event of:
Death or liquidation of the Client;
Liquidation of the Seller or cessation of the Seller's business activity.
§7 PERSONAL DATA PROTECTION
The Seller, as the Personal Data Controller, makes every effort to ensure all possible means of physical, technical and organizational protection of Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use or access, in accordance with all applicable laws, including the GDPR.
The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer Customers increasingly improved Online Store functionality and more relevant advertising. If the Customer does not consent to the storage and receipt of information in cookies, they can change their cookie policy using their web browser settings or by using the opt-out option on the website of the technology provider. Detailed information on the technologies used by the Seller is available in the Cookie Policy available at lazysens.com.
More information on the processing of Personal Data by the Seller can be found in the Privacy Policy available at lazysens.com
§8 LIABILITY
The Customer is obliged to use the Online Store in accordance with its intended purpose and to refrain from any activity that could disrupt its proper functioning.
The Customer is prohibited from entering illegal content into the Online Store. The Customer is fully responsible for the accuracy, scope, completeness, content, and legal compliance of the data entered and stored in the Customer Account.
To the extent permitted by law, the Seller is not liable for:
blocking by administrators of mail servers that handle the Customer's e-mail messages, messages sent from the Seller to the Customer's Electronic Address and for deleting and blocking e-mail messages sent by the Seller by software installed on the computer equipment used by the Customer;
improper operation of the Online Store resulting from the fact that the Customer's computer equipment, software or Internet access do not meet the technical requirements specified in the Regulations;
consequences of the Customer providing incorrect or untrue Customer data when registering a Customer Account or placing an Order.
The Online Store may contain links to other websites. The Seller is not responsible for the content, form, or accuracy of the information contained in these links. Viewing the content of the links is at the Customer's own risk.
The Seller reserves the right to place advertising content in any part of the Online Store in the forms commonly used on the Internet. The Seller is not responsible for advertising content posted in the Online Store or for any third-party claims arising therefrom.
Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller's liability for damages caused to Customers who are not Consumers is limited to the amount that such Customer paid to the Seller for the purchase of the Goods in question, regardless of the source and legal basis of the Customer's claim who is not a Consumer, and liability for lost profits is excluded.
§ 9 WITHDRAWAL FROM THE SALES CONTRACT
The Consumer has the right to withdraw from the concluded Sales Agreement without giving any reason within 14 days from the date of receipt of the Order. This period begins:
from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the Goods,
if the Sales Agreement covers multiple Goods that are delivered separately, in batches or in parts – from the taking over of the last Good, batch or part
in the case of a Sales Agreement, the goods are regularly delivered for a specified period of time - from the moment of taking possession of the first item;
for other cases - from the date of conclusion of the Sales Agreement.
In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send information concerning the exercise of his right to withdraw from the contract before the expiry of the deadline for withdrawal from the contract.
In order to exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a declaration of withdrawal, preferably to the Electronic Address hey@lazysens.com . If the Consumer uses this option, the Seller will immediately send the Consumer a confirmation of receipt of information on withdrawal from the contract on a durable medium (e.g. by e-mail).
The Consumer may formulate a declaration of withdrawal from the Sales Agreement in the following way (however, compliance with the following formula is not obligatory):
Declaration of withdrawal from the Sales Agreement
Seller Name: Alventure Group Sp. z o. o. Sp. K. (LazySens)
Seller's address: Filomatów 56, 42-217 Częstochowa
Seller's e-mail: hey@lazysens.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________
Name and Surname of the Consumer(s): ____________________________________________
Address of the Consumer(s): ____________________________________________________
Signature of the Consumer(s) (only in the case of declarations in paper form):_______________________
Data: ___________________________________________________________________
(*) delete as appropriate
In the event of withdrawal from the Sales Agreement, the contract is deemed not to have been concluded.
The Seller will refund to the Consumer all payments received in connection with the Sales Agreement from which the Consumer is withdrawing, in particular the Price of the Goods and the cost of delivery. However, with respect to the refund of delivery costs, the Seller is obligated to refund only the cost of the standard, cheapest method of delivery offered by the Seller. The direct costs associated with returning the Goods, resulting from the Consumer's withdrawal from the Sales Agreement, are borne by the Consumer.
The Seller will refund payments received from the Consumer, including the Price of the Goods and the cost of delivery, immediately, but no later than within 14 days of receiving the Consumer's declaration of withdrawal from the Sales Agreement, subject to paragraph 8 below. The refund will be made via the same payment method that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
A Consumer who has withdrawn from a Sales Agreement must return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline, it is sufficient to return the Goods before their expiry. The returned Goods should remain in a condition sufficient to establish the nature, characteristics, and functioning of the Goods. The Seller may withhold reimbursement until the Goods are received or until proof of return is provided to the Seller, whichever occurs first.
The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to Sales Agreements:
in which the subject of the provision is an item manufactured according to the Consumer's specifications or intended to meet his individual needs, products ordered in fabrics selected by the Consumer or to the specifications specified by the Consumer are not subject to return as part of the withdrawal from the Distance Selling Agreement;
where the subject of the performance is an item that spoils quickly or has a short shelf life;
where the subject of the service is an item 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;
in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things;
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;
for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right to withdraw from the contract.
The Consumer's rights referred to in this § 9 are also granted to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
§10 GOODS DEFECTS. COMPLAINTS.
The Seller is obliged to deliver to the Customer Goods free from defects.
The Seller is liable to the Customer, under warranty, for physical or legal defects in the Goods purchased by the Customer. In the case of a sale that does not constitute a consumer sale, the provisions contained in Articles 556-576 of the Civil Code, taking into account Articles 5564 and 5565 of the Civil Code, are excluded.
The consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right is also available to a Customer who is a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The Customer may submit complaints and information related to the non-performance or improper performance of the Sales Agreement by the Seller, including defects of the Goods, or the provision of services by electronic means specified in the Regulations in any form, including in particular electronically to the Seller’s Electronic Address hey@lazysens.com or by post to the Seller’s address, Filomatów 56, 42-217 Częstochowa.
In order for the complaint to be processed efficiently, it should contain:
Data of the person submitting the complaint (name and surname/name and address of the Client, Electronic Address);
Description of the event that is the basis for the complaint;
Customer expectations regarding the manner of satisfying the complaint request;
Proof of purchase, if the complaint concerns the ordered Goods.
In the case of complaints regarding defects in the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the Seller covers the cost of delivery.
Within 14 (fourteen) calendar days of receiving a complete complaint notification, the Seller will respond to the Customer's complaint and notify him/her of further steps related to the complaint being considered.
If the complaint is considered in favour of the Customer, the costs of replacing or repairing the Goods shall be borne by the Seller.
The Customer will receive information on how the complaint will be handled via electronic correspondence to the Electronic Address provided in the complaint.
§11 FINAL PROVISIONS
These Regulations come into force on January 23, 2023
The Seller reserves the right to unilaterally amend the provisions of the Regulations without having to justify the reasons for such change, and at the same time undertakes to inform the Customer of each change to the Regulations by posting a consolidated text of the Regulations on the website lazysens.com . Changes to the Regulations do not affect orders placed by the Customer before the amendments to the Regulations come into effect – such orders are fulfilled in accordance with the provisions of the Regulations in force on the date the order is placed.
Changes to the Regulations come into effect 7 days after their content is made available at hey@lazysens.com. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which will result in termination of the Customer Account service agreement in accordance with the provisions of §6 of the Regulations.
In matters not regulated by these Regulations, the relevant provisions of Polish law will apply, in particular the provisions of the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, as amended).
Any disputes arising from the performance of the Sales Agreement, the Parties will try to resolve amicably. In the absence of agreement between the Parties who are entrepreneurs regarding an amicable resolution of the dispute within 60 days from the date of filing the claim, the court with jurisdiction over the Seller's registered office shall be competent to finally resolve the dispute.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. These include in particular:
a permanent, amicable consumer court operating at the Trade Inspection
mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller, which are conducted before the provincial inspector of the Trade Inspection;
assistance in resolving a dispute between the Customer and the Seller provided by the appropriate district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
platform for online dispute resolution between consumers and traders at EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/Store regulations
§1 GENERAL PROVISIONS
These Online Store Regulations (hereinafter referred to as the "Regulations") define the rules for using the Online Store, including, among others, placing and fulfilling Orders, using the Customer Account, the complaint procedure, and rights related to withdrawal from the Sales Agreement.
The Regulations are made available to the Customer at the Store Regulations free of charge, before concluding the Sales Agreement, in a manner enabling the acquisition, reproduction and recording of the content of the Regulations using the Teleinformatic System used by the Customer.
The Customer is obligated to comply with all provisions of the Terms and Conditions. Sales are based on the current version of these Terms and Conditions, i.e., the version that is in effect and accepted by the Customer at the time of placing the Order.
The conclusion of an agreement for the electronic provision of Customer Account services specified in these Regulations is subject to registration in the Online Store, reading and accepting the content of these Regulations.
By concluding an agreement on the provision of Customer Account services electronically, the Seller undertakes to permanently provide the Customer with access to the Customer Account and use of the Online Store to the full extent on the basis, within the framework and on the principles specified in these Regulations.
§2 DEFINITIONS
Whenever the Regulations refer to:
"Seller" – it shall be understood as Alventure Group Sp. z o. o. Sp. K. (LazySens), address Filomatów 56, 42-217 Częstochowa, NIP number: 9492240831, REGON number: 384757872, e-mail hey@lazysens.com – which operates the Online Store and sells Goods through it;
"Customer" - this should be understood as a natural person with full legal capacity and, in cases provided for by generally applicable provisions of law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity - using the Online Store, including by means of a Customer Account created for him by the Seller;
"Consumer" - this shall be understood as a Customer who is a natural person, using the Online Store, in particular making purchases, to the extent not directly related to the Customer's business or professional activity;
“Parties” – this shall be understood as meaning jointly the Seller and the Customer;
“Sales Agreement” – this shall be understood as an agreement concluded at a distance, the subject of which is the sale of Goods by the Seller to the Customer in accordance with the principles set out in the Regulations.
“Online Store” – this shall be understood as the internet platform lazysens.com administered by the Seller, available online through the website lazysens.com, through which the Customer can purchase Goods;
"ICT System" - this shall be understood as a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2004 - Telecommunications Law (consolidated text: Journal of Laws of 2019, item 2460, as amended);
"Goods" - this shall be understood as a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. Images of the Goods are for illustrative purposes only; this means that the Goods in the images may differ slightly from their actual appearance due to the individual settings of the Customer's computer equipment (e.g., color saturation, proportions).
"Customer Account" – this shall be understood as an individual account set up for the Customer as part of the provision of services electronically by the Seller, through which the Customer has access to the Online Store and has the option of, among other things, placing Orders in a simplified manner;
“Electronic Address” – this shall be understood as the designation of the Teleinformatic System enabling communication via electronic means of communication, in particular electronic mail;
"Price" – this shall be understood as the gross value of the Goods expressed in PLN, including value added tax. The price does not include the cost of delivery, which depends on the method of delivery of the Goods to the Customer, as well as the value and size of the Order, and is provided when the Customer selects the delivery method. The total cost of the Order (i.e., the price of the Goods together with other costs, including delivery costs) is indicated in the shopping cart before the Customer places the Order;
“Personal Data” – this shall be understood as information about an identified or identifiable natural person;
“Personal Data Controller” – this shall be understood as the Seller who, acting in this role alone or jointly with others, determines the purposes and means of processing Personal Data;
“Regulations” – this shall be understood as this document;
“GDPR” – this shall be understood as REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU.L.2016.119.1 of 2016.05.04);
“Order” shall be understood as a declaration of intent of the Customer submitted via the Online Store specifying: the type and quantity of the Goods ordered; the type of delivery; the type and amount of payment; the place of delivery of the goods, the Customer’s data, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
The Online Store is run by the Seller.
The Online Store is not intended for wholesale sales. If the Customer wishes to purchase Goods in bulk, please contact the Seller by email to the Seller's email address: hey@lazysens.com. If the content of the Order placed through the Online Store indicates that the Order is a wholesale Order, the Seller has the right to refuse processing such Order by informing the Customer via an appropriate message in the Online Store or by contacting the Customer regarding this matter.
Information about the Goods published on the Online Store website does not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to submit offers within the meaning of Article 71 of the Civil Code.
Information about the Goods published in the Online Store does not mean that the Goods are actually available from the Seller and that it is possible to fulfill an Order for them.
Goods presented in the Online Store may be covered by a manufacturer's, importer's, or seller's warranty, which covers Poland. The warranty period for each Good is indicated in its description. Detailed warranty terms are specified in the warranty card issued by the guarantor.
The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, and conduct promotional campaigns in the Online Store, in particular based on the terms and conditions of a given promotion. These changes do not affect the effectiveness and fulfillment of previously placed Orders by the Customer.
The Seller ensures that the Online Store is available to the Customer only online and provided that the Customer provides, at his own expense:
computer hardware with an operating system enabling the use of Internet resources,
Internet connections;
access to an individual e-mail account;
a properly configured web browser in the latest official version with the option of handling cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
Subject to the provisions of the Regulations to the contrary, the Online Store is available to the Customer during the period of his/her use of the Online Store, 24 hours a day, seven days a week.
The Seller reserves the right to have the Online Store unavailable to the Customer online in order to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, troubleshooting, making necessary adaptations, changes and other similar activities.
The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and changing existing functionality.
§4 CUSTOMER ACCOUNT
The condition for the Customer to use the full scope of functionality of the Online Store is the acceptance of the provisions of the Regulations, free registration of a Customer Account in the Online Store and confirmation of this registration by the Seller.
Creating a Customer Account is not necessary to place an Order in the Online Store.
By registering a Customer Account and accepting the provisions of the Regulations, the Customer submits a declaration of will expressing consent to the provision of Customer Account management services electronically in accordance with the provisions of the Regulations.
When registering a Customer Account, the Customer enters a login and password that they have established and are known only to them. The Customer is obligated to ensure that their login and password remain confidential, and in particular, they must not disclose them to unauthorized persons.
In order to register a Customer Account, the Customer should:
complete the registration form available in the Online Store;
complete all form fields marked with an asterisk as required;
accept the Regulations.
The data entered into the registration form when registering a Customer Account should relate to the Customer and should be true.
During Customer Account registration, a confirmation of Customer Account registration in the Online Store will be sent to the email address provided in the registration application, requesting verification of data and completion of Customer Account registration. At this point, an agreement for the electronic provision of Customer Account management services is concluded, and the Customer is able to access the Customer Account and make changes to the data provided during registration.
The Seller may refuse to accept the registration of a Customer Account and the conclusion of a contract for the provision of services by electronic means for important reasons.
§5 ORDERS AND THEIR FULFILLMENT
Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
The Customer may place an Order after logging in to the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary to complete the Order.
To place an Order through the Online Store, the Customer adds the selected Goods to the cart by selecting the type and quantity of Goods and pressing the "ADD TO CART" button. The Customer then completes other technical steps based on the displayed messages, including selecting the delivery method and payment method. The Customer then places the Order by sending an electronic Order form to the Seller, selecting the "Order with payment obligation" button (or equivalent) on the Online Store website. To place an Order, the Customer must first accept the Terms and Conditions. In the Order summary, before it is sent to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e., the Price for the selected Goods, the shipping costs, and all additional costs incurred in connection with the Order.
Sending the Order by the Customer constitutes an offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the Order.
After placing an Order, the Seller will send information about the Order's acceptance to the Customer's email address. This information constitutes the Seller's declaration of acceptance of the offer, which is equivalent to the conclusion of a Sales Agreement by the Parties.
The Price given in the basket at the time of placing the Order by the Customer is binding and final.
The Customer may pay for an Order placed in the Online Store:
cash on delivery - in the case of delivery of the Goods by courier or collection of the Goods in person by the Customer, or
in advance – by traditional transfer to the Seller’s payment account number Bank account number: PL44 1050 1142 1000 0090 3204 8879 or by electronic payments and payment cards via electronic payment operators.
When making a payment, the customer will be informed of the payment amount immediately before making the payment, as well as information about the available payment methods and the payment operator's details. Detailed terms and conditions for making payments through electronic payment operators are available on the website of the respective operator.
In order to make a payment via an electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to which he will be redirected from the Online Store, and immediately pay for the placed Order.
The Customer declares that he or she consents to the Service Provider's use and transmission of electronic invoices that do not require party signatures in PDF format by sending them to the electronic address provided by the Customer. The Seller will deliver the invoice to the Customer electronically immediately after receiving payment for the Order.
The Seller delivers Goods only within the territory of the Republic of Poland, unless otherwise stated in the description of the Goods.
When placing an Order, the Customer selects the method of delivery of the Goods. The Goods may be delivered to the Customer:
via courier company,
via parcel locker,
by personal collection of the Goods by the Customer at the Seller’s premises.
The Seller posts information in the Online Store about the number of business days needed to deliver the Goods using a specific delivery method.
Upon receiving the Goods, the Customer should inspect their condition. If damage or tampering with the packaging is detected, it is recommended that the Customer complete a damage report in the presence of the person delivering the Goods. The Customer should immediately send the damage report to the Seller, along with any complaints.
The Seller reserves the maximum time for the execution of the Order to be 30 days. After the unsuccessful expiry of this period, the Customer may cancel the Order by sending a statement of cancellation of the Order to the Seller. In such a case, the Seller shall immediately return to the Customer who is a Consumer all payments made by him, including any costs of delivering the Goods.
The Seller attaches a confirmation of sale in the form of a VAT invoice or fiscal receipt to each delivered Order. If the Ordering Party is a VAT payer and wants to receive an invoice, they should send the Seller appropriate information about this, e.g. via e-mail immediately after the purchase, providing the necessary data.
§6 TERMINATION AND EXPIRATION OF THE SERVICE PROVISION AGREEMENT
This chapter does not apply to Sales Agreements, but applies only to agreements for the electronic provision of Customer Account management services.
The agreement for the provision of services by electronic means may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the agreement by sending a message to the Customer to the Electronic Address indicated by the Customer in the Customer Account.
The Seller has the right to terminate the agreement for the provision of services by electronic means at any time for important reasons with a 14-day notice period. The Seller terminates the agreement for the provision of services by electronic means by sending the Customer an appropriate declaration of intent to the Electronic Address indicated by the Customer in the Customer Account.
The contract for the provision of services by electronic means expires in the event of:
Death or liquidation of the Client;
Liquidation of the Seller or cessation of the Seller's business activity.
§7 PERSONAL DATA PROTECTION
The Seller, as the Personal Data Controller, makes every effort to ensure all possible means of physical, technical and organizational protection of Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use or access, in accordance with all applicable laws, including the GDPR.
The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer Customers increasingly improved Online Store functionality and more relevant advertising. If the Customer does not consent to the storage and receipt of information in cookies, they can change their cookie policy using their web browser settings or by using the opt-out option on the website of the technology provider. Detailed information on the technologies used by the Seller is available in the Cookie Policy available at lazysens.com.
More information on the processing of Personal Data by the Seller can be found in the Privacy Policy available at lazysens.com
§8 LIABILITY
The Customer is obliged to use the Online Store in accordance with its intended purpose and to refrain from any activity that could disrupt its proper functioning.
The Customer is prohibited from entering illegal content into the Online Store. The Customer is fully responsible for the accuracy, scope, completeness, content, and legal compliance of the data entered and stored in the Customer Account.
To the extent permitted by law, the Seller is not liable for:
blocking by administrators of mail servers that handle the Customer's e-mail messages, messages sent from the Seller to the Customer's Electronic Address and for deleting and blocking e-mail messages sent by the Seller by software installed on the computer equipment used by the Customer;
improper operation of the Online Store resulting from the fact that the Customer's computer equipment, software or Internet access do not meet the technical requirements specified in the Regulations;
consequences of the Customer providing incorrect or untrue Customer data when registering a Customer Account or placing an Order.
The Online Store may contain links to other websites. The Seller is not responsible for the content, form, or accuracy of the information contained in these links. Viewing the content of the links is at the Customer's own risk.
The Seller reserves the right to place advertising content in any part of the Online Store in the forms commonly used on the Internet. The Seller is not responsible for advertising content posted in the Online Store or for any third-party claims arising therefrom.
Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller's liability for damages caused to Customers who are not Consumers is limited to the amount that such Customer paid to the Seller for the purchase of the Goods in question, regardless of the source and legal basis of the Customer's claim who is not a Consumer, and liability for lost profits is excluded.
§ 9 WITHDRAWAL FROM THE SALES CONTRACT
The Consumer has the right to withdraw from the concluded Sales Agreement without giving any reason within 14 days from the date of receipt of the Order. This period begins:
from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the Goods,
if the Sales Agreement covers multiple Goods that are delivered separately, in batches or in parts – from the taking over of the last Good, batch or part
in the case of a Sales Agreement, the goods are regularly delivered for a specified period of time - from the moment of taking possession of the first item;
for other cases - from the date of conclusion of the Sales Agreement.
In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send information concerning the exercise of his right to withdraw from the contract before the expiry of the deadline for withdrawal from the contract.
In order to exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a declaration of withdrawal, preferably to the Electronic Address hey@lazysens.com. If the Consumer uses this option, the Seller will immediately send the Consumer a confirmation of receipt of information on withdrawal from the contract on a durable medium (e.g. by e-mail).
The Consumer may formulate a declaration of withdrawal from the Sales Agreement in the following way (however, compliance with the following formula is not obligatory):
Declaration of withdrawal from the Sales Agreement
Seller Name: Alventure Group Sp. z o. o. Sp. K. (LazySens)
Seller's address: Filomatów 56, 42-217 Częstochowa
Seller's e-mail: hey@lazysens.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________
Name and Surname of the Consumer(s): ____________________________________________
Address of the Consumer(s): ____________________________________________________
Signature of the Consumer(s) (only in the case of declarations in paper form):_______________________
Data: ___________________________________________________________________
(*) delete as appropriate
In the event of withdrawal from the Sales Agreement, the contract is deemed not to have been concluded.
The Seller will refund to the Consumer all payments received in connection with the Sales Agreement from which the Consumer is withdrawing, in particular the Price of the Goods and the cost of delivery. However, with respect to the refund of delivery costs, the Seller is obligated to refund only the cost of the standard, cheapest method of delivery offered by the Seller. The direct costs associated with returning the Goods, resulting from the Consumer's withdrawal from the Sales Agreement, are borne by the Consumer.
The Seller will refund payments received from the Consumer, including the Price of the Goods and the cost of delivery, immediately, but no later than within 14 days of receiving the Consumer's declaration of withdrawal from the Sales Agreement, subject to paragraph 8 below. The refund will be made via the same payment method that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
A Consumer who has withdrawn from a Sales Agreement must return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline, it is sufficient to return the Goods before their expiry. The returned Goods should remain in a condition sufficient to establish the nature, characteristics, and functioning of the Goods. The Seller may withhold reimbursement until the Goods are received or until proof of return is provided to the Seller, whichever occurs first.
The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to Sales Agreements:
in which the subject of the provision is an item manufactured according to the Consumer's specifications or intended to meet his individual needs, products ordered in fabrics selected by the Consumer or to the specifications specified by the Consumer are not subject to return as part of the withdrawal from the Distance Selling Agreement;
where the subject of the performance is an item that spoils quickly or has a short shelf life;
where the subject of the service is an item 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;
in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things;
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;
for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right to withdraw from the contract.
The Consumer's rights referred to in this § 9 are also granted to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
§10 GOODS DEFECTS. COMPLAINTS.
The Seller is obliged to deliver to the Customer Goods free from defects.
The Seller is liable to the Customer, under warranty, for physical or legal defects in the Goods purchased by the Customer. In the case of a sale that does not constitute a consumer sale, the provisions contained in Articles 556-576 of the Civil Code, taking into account Articles 5564 and 5565 of the Civil Code, are excluded.
The consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right is also available to a Customer who is a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The Customer may submit complaints and information related to the non-performance or improper performance of the Sales Agreement by the Seller, including defects of the Goods, or the provision of services by electronic means specified in the Regulations in any form, including in particular electronically to the Seller’s Electronic Address hey@lazysens.com or by post to the Seller’s address, Filomatów 56, 42-217 Częstochowa.
In order for the complaint to be processed efficiently, it should contain:
Data of the person submitting the complaint (name and surname/name and address of the Client, Electronic Address);
Description of the event that is the basis for the complaint;
Customer expectations regarding the manner of satisfying the complaint request;
Proof of purchase, if the complaint concerns the ordered Goods.
In the case of complaints regarding defects in the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the Seller covers the cost of delivery.
Within 14 (fourteen) calendar days of receiving a complete complaint notification, the Seller will respond to the Customer's complaint and notify him/her of further steps related to the complaint being considered.
If the complaint is considered in favour of the Customer, the costs of replacing or repairing the Goods shall be borne by the Seller.
The Customer will receive information on how the complaint will be handled via electronic correspondence to the Electronic Address provided in the complaint.
§11 FINAL PROVISIONS
These Regulations come into force on January 23, 2023
The Seller reserves the right to unilaterally amend the provisions of the Regulations without having to justify the reasons for such change, and at the same time undertakes to inform the Customer of each change to the Regulations by posting a consolidated text of the Regulations on the website lazysens.com. Changes to the Regulations do not affect orders placed by the Customer before the amendments to the Regulations come into effect – such orders are fulfilled in accordance with the provisions of the Regulations in force on the date the order is placed.
Changes to the Regulations come into effect 7 days after their content is made available at lazysens.com . If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which will result in termination of the Customer Account service agreement in accordance with the provisions of §6 of the Regulations.
In matters not regulated by these Regulations, the relevant provisions of Polish law will apply, in particular the provisions of the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, as amended).
Any disputes arising from the performance of the Sales Agreement, the Parties will try to resolve amicably. In the absence of agreement between the Parties who are entrepreneurs regarding an amicable resolution of the dispute within 60 days from the date of filing the claim, the court with jurisdiction over the Seller's registered office shall be competent to finally resolve the dispute.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. These include in particular:
a permanent, amicable consumer court operating at the Trade Inspection
mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller, which are conducted before the provincial inspector of the Trade Inspection;
assistance in resolving a dispute between the Customer and the Seller provided by the appropriate district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
platform for online dispute resolution between consumers and traders at EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/
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