STATUTE

LE POLLEN ONLINE STORE TERMS AND CONDITIONS

I. INTRODUCTION

The online store available at www.lepollengoods.com is provided by the business entity LE POLLEN Polina Kuhai,

REGON 528487832, NIP 5213795492, with its registered office in Pruszków (05-800) at Kościelna 22. Quick and efficient contact is ensured via telephone at: 570626529, and email at: hello@lepollengoods.com .

These terms and conditions define the types and scope of services provided electronically through the Store, including, among others, the rules for concluding and performing sales contracts and the rights and obligations of the Customer and the Seller.

II. DEFINITIONS

Personal Data Administrator - the business entity LE POLLEN Polina Kuhai with its registered office in Pruszków (05-800) at Kościelna 22, REGON 528487832, NIP 5213795492.
Online Store/Service - an online platform available at www.lepollengoods.com, consisting of graphic elements and software enabling the provision of electronic services to Users.
Seller - the entity managing and operating the Service as defined in point II, section 1.
Sales Contract - a distance contract concluded between the Customer and the Seller through the Online Store, the subject of which is the Goods.
Service - electronic services provided by the Seller through the Online Store.
User - any natural person using the Service.
Customer - a natural person, legal entity, or an organizational unit without legal personality, to which the law grants legal capacity, entering into an agreement with the Seller through the Service.
Consumer - a natural person who performs a legal act with the Seller not directly related to their business or professional activity.
Goods - a product, movable item presented with a detailed description on the Service.
Newsletter - a message sent periodically by the Seller to the email address provided by the User, containing commercial information, particularly about promotions, sales, new arrivals, collections, or other data related to the Service's activity.
Privacy Policy - a document attached to these Terms and Conditions.
Terms and Conditions - this document.
Civil Code - Act of April 23, 1964, Civil Code (Journal of Laws of 2016, item 380, as amended).
Consumer Rights Act - Act of May 30, 2014, on consumer rights (Journal of Laws, item 827, as amended).

III. GENERAL PROVISIONS

The User can access the Terms and Conditions at any time by "clicking" on the "Terms and Conditions" tab located on the Online Store's website.
The Seller undertakes to provide Services to the User within the scope and under the conditions specified in the Terms and Conditions.
The User undertakes to comply with these Terms and Conditions and to use the Online Store in accordance with applicable legal provisions.
Information about Goods in the Online Store, including descriptions and prices, constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code.
Goods in the Online Store are thoroughly described, particularly by indicating their properties, price, and the material from which they are made.

IV. CONDITIONS FOR USING THE ONLINE STORE

The Seller enables the conclusion of sales contracts for Goods via the Internet and provides other Services specified in the Terms and Conditions.
A prerequisite for starting to use the Online Store is to read and accept the Terms and Conditions.
Failure to accept the provisions of the Terms and Conditions prevents the conclusion of a Sales Contract.
Technical requirements necessary to use the Services are:
having a device with Internet access;
using appropriate browsers through which websites are displayed, e.g., Internet Explorer, Opera, FireFox, Chrome;
having an email account.
The Seller provides Services through the Online Store consisting of:
enabling the conclusion of Sales Contracts,
sending ordered commercial information about promotions and Goods in the form of a Newsletter;
enabling the User to correspond with the Seller via the contact form.
The Services specified in paragraph 7 are provided by the Seller free of charge.
The User bears the costs associated with Internet access and data transmission in accordance with their internet service provider's tariff.
The User is obliged to use the Online Store in a manner consistent with its intended purpose and to refrain from any activity that could disrupt its proper functioning.
The Seller undertakes necessary actions to ensure the correct and error-free operation of the Service, particularly considering current technical knowledge, and undertakes to promptly correct irregularities reported by Users.
User's personal data is processed in accordance with GDPR and stored for the period specified in the regulations. Data such as name, surname, email address, phone number, residential address, company name, and its registered office are used for fulfilling purchases, informing about order status and delivery (Art. 6 section 1 lit. b GDPR). Additionally, name, surname, phone number, and address are needed to provide additional services offered by the store (Art. 6 section 1 lit. b GDPR, with user consent). Data such as name, surname, address, NIP, bank account number, and company registered office are necessary for issuing sales documents and for tax purposes (Art. 6 section 1 lit. c GDPR, in accordance with the Accounting Act and the Tax Ordinance). Data is also processed for handling complaints, returns, and warranty claims, including informing about the status of submissions (Art. 6 section 1 lit. c GDPR in conjunction with the Consumer Rights Act and the Civil Code). The Administrator uses tools such as WIX and BaseLinker to manage orders, provide services, issue documents, fulfill tax obligations, and process complaints. The data processing rules for these tools are described in their privacy policies. Data is also processed for debt collection, legal proceedings, mediation, and arbitration purposes based on the legitimate interest of the administrator (Art. 6 section 1 lit. f GDPR). The data retention period depends on the type of service and the purpose of processing. Data is usually stored until the end of the service provision or withdrawal of user consent, with the possibility of extending the period if necessary to protect legal interests. After processing is complete, the data is permanently deleted or anonymized.

V. CONCLUSION OF THE SALES CONTRACT

The Seller enables the purchase of Goods on the Online Store's website, using the order placement procedure described below via a form.
The Sales Contract for Goods is concluded between the Customer and the Seller.
The Seller accepts online orders 24 hours a day, all days of the week. Orders placed on Saturdays, non-working days, and holidays will be processed on the first business day following the day on which the order was placed.
To place an order via the order form, the Customer selects the Goods available in the Online Store, specifying the quantity they intend to purchase and, if such an option is available, indicating the characteristics (color, size) of the ordered Goods. After selecting the Goods (adding the Goods to the "cart" through the functionality available in the Online Store), the Customer fills out the order form, providing the data necessary for the Seller to fulfill the order and the method of delivery of the Goods.
Until the selection of Goods is confirmed by clicking the "buy and pay" button, the Customer has the option to make changes and modifications to the Goods in the order, as well as to the contact details for shipping or invoicing. Confirmation of the order by the Customer by using the "buy and pay" button is equivalent to the Customer submitting an offer to conclude a sales contract, in accordance with the content of the order placed by the Customer and the Terms and Conditions.
After receiving the order, the Seller sends the Customer an electronic declaration of acceptance of the offer, which also constitutes order confirmation, to the email address provided during the order placement process. The Sales Contract is concluded at the moment the Customer receives this message.
The order confirmation indicated in paragraph 6 particularly includes: the quantity and type of ordered Goods, the total price to be paid.
If the Customer wishes to receive a VAT invoice, they should inform the Seller and send an appropriate email with the VAT invoice details.
The Seller reserves the right to refuse to fulfill an order if the provided data is so general that it prevents order fulfillment, in particular, it prevents proper delivery of the shipment. Before refusing, the Seller will attempt to contact the Customer to clarify the data to enable order fulfillment.
The sales contract is concluded between the parties in accordance with Polish law and with content consistent with these Terms and Conditions and the order placed by the Customer.
The sales contract is concluded for a definite period – until the order is fulfilled (one-time service).

VI. ORDER PROCESSING TIME AND GOODS DELIVERY

The Seller processes orders in the order they are received, i.e., after the payment of the price has been credited to the Seller's bank account or after receiving information from the online payment operator about the Customer's successful payment.
The cost of delivery within the territory of the Republic of Poland is PLN 20 for DPD Courier, PLN 20 for Inpost Parcel Locker, and PLN 25 for Inpost Courier. To avoid doubt, the Seller does not direct its activities outside the territory of the Republic of Poland but only enables international delivery. The cost of courier delivery within the European Union is PLN 90; the cost of shipping outside the EU is determined individually with the client depending on the destination country of shipment.
Goods are delivered to the address indicated by the Customer when placing the order.
The estimated order processing time within the Republic of Poland is 2-5 business days + shipping, i.e., from the day the order is placed and paid (money credited to the Seller's account) in accordance with paragraph 1 until the Goods are handed over to the carrier for delivery to the address indicated by the Customer. This time may be extended due to reasons beyond the Seller's control, e.g., due to courier delays.
Goods are delivered by courier service through a company chosen by the Seller.
Upon receipt of the shipment, the Customer should carefully check the condition of the packaging and its contents. In case of any damage or other irregularities, they should draw up a damage report in the presence of the courier and immediately notify the Seller, i.e., no later than 3 days from the date of drawing up the report.

VII. PRICES AND PAYMENT METHODS

Information about the purchase price of the Goods provided on the Store's website is binding from the moment the Customer receives confirmation of acceptance of the order placed for the selected Goods.
All prices given on the Online Store's website are in Polish Zloty (PLN). In each case, the indicated prices are gross prices including 23% VAT.
The Seller allows the following payment methods:

Przelewy 24 online payments
Apple Pay online payments
Shopify Payments online payments

The Seller reserves the right to change the prices of Goods, introduce new goods for sale, carry out and cancel promotional campaigns on the Online Store's pages, or introduce changes to them in accordance with the norms of the Civil Code and other acts, provided that such changes do not violate the rights of persons who concluded sales contracts for goods offered by the Online Store before the aforementioned changes were introduced or the rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
The Seller has the right to periodically update prices and include Goods in promotions or sales chosen by them. This right does not affect orders placed by Customers before the aforementioned actions were taken.
The Customer is obliged to make payment for the Goods within 4 calendar days from the date of concluding the contract, i.e., receiving the confirmation email, in accordance with point V.6. In case of non-payment within the specified period, the sales contract is terminated. To purchase the given Goods, it is necessary to place a new order in accordance with the provisions of the Regulations.

VIII. COMPLAINTS REGARDING GOODS

The Seller delivers Goods free from defects.
The Seller is liable for physical and legal defects of the Goods in accordance with and on the principles specified in the provisions of the Civil Code, namely Art. 556 et seq.
The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the Goods.
The Consumer submits a complaint via the Seller's email address, i.e., hello@lepollengoods.com.
The complaint should contain: the Customer's name and surname, correspondence address, email address, phone number, date and circumstances of the defect's occurrence, and a description of the claim.
The Customer will deliver the product to the Seller at their own expense.
The Customer has the following claims as part of the complaint: repair of the Goods, exchange of the Goods for Goods free from defects; reduction of the price of the Goods; withdrawal from the Sales Contract.
Withdrawal from the Sales Contract is possible only if the defect of the Goods is significant, and the Seller does not promptly and without undue inconvenience for the Customer replace the defective Goods with Goods free from defects or remove the defect.
Along with a complaint submitted electronically in accordance with point VIII.4, the Customer is obliged to send the defective Goods to the address: Le Pollen, Kościelna 22/19C, 05-800 Pruszków, tel. 570626529.
The Seller will respond to the Customer's submission within 14 calendar days from the date of its receipt along with the Goods it concerns.
The above warranty rights do not exclude the Customer's ability to pursue their rights in accordance with applicable regulations.
The Consumer has the right to use out-of-court methods of complaint resolution and claim assertion.
Access to out-of-court dispute resolution procedures is provided, for example, by permanent amicable consumer courts operating within the structures of the Trade Inspection. The Consumer may seek legal assistance from the Municipal/District Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer organizations, such as the Consumer Federation, the Association of Polish Consumers, and the European Consumer Center, on the terms applicable in these organizations. In addition, the Consumer has an additional option to use an out-of-court method of asserting claims in the form of submitting a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/ - the Store's email address is: hello@lepollengoods.com.

IX. WARRANTY

The Seller grants a warranty for the Goods for a period of 12 months from the date of delivery of the Goods to the Customer.
The Seller undertakes to remove physical defects free of charge if the defects appear within 12 months from the date of delivery or to deliver Goods free from defects.
Liability under the warranty covers only defects resulting from causes inherent in the Goods.
The Customer is obliged to report the defect of the Goods immediately after its detection, i.e., no later than 3 days.
The Customer claims the warranty in accordance with points VIII. 4 and 5 of the Regulations.
The Seller undertakes to fulfill the obligations arising from this warranty within 21 days from the date of delivery of the Goods.
The warranty does not cover:

mechanical damage caused by the Customer,
damage and defects resulting from using and storing the Goods not in accordance with the rules of use of the Goods (available on the Service website in the "Care" tab),
repairs undertaken by the Customer on their own.

The warranty does not exclude the Customer's rights resulting from the non-conformity of the Goods with the contract.

X. WITHDRAWAL FROM THE SALES CONTRACT

The Consumer has the right to withdraw from the Sales Contract without giving any reason, under the conditions described below.
The Consumer has the right to withdraw from the Sales Contract within 14 days from the moment the Goods are taken into possession by the Customer or a third party indicated by him other than the carrier.
The Consumer may withdraw from the contract by submitting a clear and unambiguous statement in this regard. For this purpose, they can use the form available in the shipping & returns tab, or independently formulate a statement and send it electronically to lepollenshop@gmail.com.
The Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Sales Contract via email.
To meet the deadline specified in paragraph 2, it is sufficient to send the statement of withdrawal from the contract before its expiry.
As a result of the Consumer's withdrawal from the Sales Contract, the contract ceases to be valid.
The Seller, no later than 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, will return to the Consumer the amount due for the purchased goods, excluding shipping costs if they were incurred by the Consumer.
Costs associated with the return of the Goods (direct costs incurred by the Consumer for delivering the Goods to the Seller's registered office, shipping costs, packaging) are borne by the Consumer.
The Seller will make the refund using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different solution that does not incur additional costs for them. In the event of a need to refund funds for a transaction made by the Consumer with a payment card, the Seller will make the refund to the bank account assigned to the Consumer's payment card.
The Consumer is obliged to return the Goods to the Seller immediately, but no later than 14 days from the day on which they withdrew from the contract. The Goods should be delivered to the address: Le Pollen, Kościelna 22/19C, 05-800, Pruszków tel. 570626529.
Goods for which the right of withdrawal is exercised should be properly secured for shipment to avoid the risk of damage during transport. All accessories that were provided with the Goods (vouchers, instructions, protective dust bag) should be attached to the returned Goods.
The Consumer is responsible for reducing the value of the item resulting from using it in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods.
The Seller has the right to withhold the refund of payments received from the Consumer until the Goods are returned.

XI. RETURNS OF PERSONALIZED GOODS

1. In accordance with Article 38 point 3 of the Consumer Rights Act, the right to withdraw from a distance contract does not apply to a consumer in the case of orders for products made to individual specifications or adapted to the individual needs of the customer.

2. Personalized goods, i.e., products made to special order, modified according to customer preferences, with engraving, print, or otherwise customized to consumer requirements, are not subject to return.

3. By placing an order for personalized goods, the client accepts that withdrawal from the contract and return of such goods will not be possible.

XII. NEWSLETTER

The User can subscribe to the Newsletter service by providing their email address on the form made available by the Seller on the Online Store's website.
The agreement for the provision of the Newsletter Service is concluded for an indefinite period at the moment of providing the email address for this purpose.
The User can unsubscribe from the Newsletter Service at any time. Unsubscription is done by the User clicking on the deactivation link located in the footer of each sent Newsletter. The Seller will always notify the User about the completion of the deactivation process.
The Seller reserves the right to:

send advertisements and commercial information via the Newsletter within the meaning of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204 of 2002);
temporarily cease providing the Newsletter service due to technical reasons;
cease providing the Newsletter service after prior notification to Users.

XIII. GIFT CARD

General provisions. These guidelines apply to gift cards purchased in the Store www.lepollengoods.com
Payment rules. When using a gift card, you can pay for the entire order or part of it, provided that the value of the card does not exceed the value of the purchased products. If the value of the gift card is lower than the total purchase price, the Customer can use another payment method to complete the transaction.
Single use. Each gift card can only be used once. If it is not fully used, the Store will generate a replacement code, which will be sent electronically to the email address provided by the Customer.
Validity period. Each gift card is valid for a period of one year from the date of its purchase. After this period, it is not possible to make a purchase using the gift card.
Returns. If the Customer decides to return a Product purchased with a gift card, they will receive a replacement code. Additionally, if another payment method was used, the Customer will receive a refund for the funds paid by that method. The replacement code will be sent to the email address provided by the Customer immediately after the return is processed. Gift cards and replacement codes cannot be exchanged for cash.
Right of withdrawal guarantee. The Customer has 14 calendar days to cancel a gift card order (if it has not been used), counting from the day the order was delivered. To exercise the right of withdrawal, please contact the Seller as soon as possible at lepollenshop@gmail.com.

XIV. PERSONAL DATA

The Store takes all possible technical and organizational measures required by relevant legal provisions to protect Customers' personal data, in particular to prevent unauthorized acquisition and modification of data provided during registration.
Detailed information regarding personal data protection can be found in the Privacy Policy document, which is Appendix No. 1.

XV. FINAL PROVISIONS

All content posted on the Online Store's website (including graphics, texts, page layout, logos, photos) enjoys copyright protection and is the exclusive property of the Seller. Using this content without the Seller's written consent results in civil and criminal liability.
Any comments and complaints regarding the operation of the Service can be sent electronically to: hello@lepollengoods.com. The Seller will provide information in return no later than 14 days via email.
In all matters not regulated by these Terms and Conditions, the relevant provisions of Polish law apply, including the Civil Code and the Consumer Rights Act.
The Seller reserves the right to change these Terms and Conditions. Changes cannot infringe on the rights of Customers resulting from orders placed before the change was introduced. The amendment to the Terms and Conditions comes into force within 14 days of its publication on the Online Store's website.
The parties undertake to amicably resolve any disputes related to the Services provided by the Seller.
In the absence of an amicable settlement, any disputes arising from concluded contracts will be resolved by the competent common court in accordance with applicable regulations.
The appendices to the Regulations form an integral part thereof.

Appendices:

1. Privacy Policy

2. Sales Contract Withdrawal Form

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