Terms and Conditions

§ 1. Definitions

**Regulations** – these Regulations, which define the rules for concluding distance sales contracts through the Online Store, the principles of executing these contracts, the rights and obligations of the parties to the Distance Sales Agreement, and the rules for handling complaints. In terms of services provided electronically, the Regulations are appropriately the regulations referred to in Article 8 of the Act on Providing Electronic Services.

**Client** – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who concludes a Distance Sales Agreement with the Seller.

**Consumer** – a consumer within the meaning of Article 22^1 of the Civil Code. According to the statutory definition: a Consumer is a natural person performing a legal act not directly related to their business or professional activity with an entrepreneur.

**Natural person running a sole proprietorship who makes a non-professional purchase** – a natural person entering into a Distance Sales Agreement directly related to their business activity, if it follows 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 based on the regulations on the Central Registration and Information on Business, which grants the right to: withdraw from the contract on the terms granted to Consumers, to apply provisions on unfair contract terms applied in contract templates, and regarding liability for defects of the sold goods.

**Seller:**
LE PRIVÉ SP. Z O. O.,  
tel. +48 668 618 705,  
contact@leprive.pl,  
NIP 6762564922,  
REGON 383020632.  
Address of the Seller’s headquarters:  
Ludwinowska 11/183,  
30-331 Kraków.

**Online Store** – an internet service operated by the Seller, available at the electronic addresses: https://leprive.pl, through which the Client can obtain information about Goods and their availability and purchase Goods or request a service.

**Distance Sales Agreement** – a sales contract for Goods/provision of services/delivery of digital content (if applicable), concluded via the Online Store.

**Goods** – movable items that the Client can purchase in the Online Store.

**Privacy Policy and Cookies of the Online Store** – a document specifying detailed rules for processing personal data and the use of cookies. The Privacy Policy and Cookies is Annex 3 to the Regulations and is available at https://leprive.pl/pl/privacy-and-cookie-notice.html.

**Durable Medium** – a material or tool allowing the Client or Seller to store information addressed personally to them, in a manner that enables access to the information in the future for a period appropriate to the purposes for which the information is used and which allows the information to be reproduced unchanged, in particular, electronic mail.

**Electronic Order Form** – an electronic procedure for placing orders provided by the Seller for the Buyer.

**Electronic Return Form** – an electronic procedure for making returns provided by the Seller for the Buyer; available at https://leprive.pl/pl/returns-open.html.

**Electronic Complaint Form** – an electronic procedure for submitting complaints provided by the Seller for the Buyer; available at https://leprive.pl/pl/rma-open.html.

**Order Submission** – confirmation of the order by clicking the “Order and Pay” button by the Client, treated as the Client’s binding statement of intent to conclude a Distance Sales Agreement with the Seller.

**Account** – a collection of data stored in the Online Store and in the Seller's IT system concerning a given Client and their orders and concluded Distance Sales Agreements, through which the Client can place orders and, at the appropriate time, cancel or edit them and conclude Distance Sales Agreements.

**Order Service Rating and Individual Goods Rating** – subjective statements and ratings given by the Client in the form of stars from 1 to 5 for the Online Store after the Order has been completed.

§ 2. General Provisions

**Types and Scope of Services Provided Electronically:**
- Concluding online Sales Agreements – concerning Goods sold in the Online Store,
- Rules for registration and use of the Account within the Online Store,
- Adding reviews, comments, and ratings – the Client may add a review or comment to their order,
- Sending emails in which the Seller confirms the receipt of the order, the potential receipt of payment, and the acceptance of the order for processing.

**Using the Online Store** is possible provided that the IT system used by the Client meets the following minimum technical requirements:
- Up-to-date web browsers, e.g.:
  - Firefox
  - Chrome
  - Microsoft Edge
- Any program for viewing PDF files.

The Seller provides these Regulations along with Attachments via a link placed on the homepage before concluding a Distance Sales Agreement, during it, and after its completion. The Buyer can download and print it.

To ensure the security of message and data transmission related to the services provided, the Online Store undertakes technical and organizational measures appropriate to the level of security of the services provided, particularly measures to prevent unauthorized access to and modification of personal data transmitted over the Internet.

§ 3. Orders

Orders in the Online Store can be placed via an Account or by choosing the option to purchase without registration, in which case an internal account is created, based on which the Client can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.

Purchases are made by filling out the Electronic Order Form available on the Online Store's pages. The selection of ordered Goods is made by adding them to the cart. The Electronic Order Form specifies, among other things, which Goods, at what price, and in what quantities the Client wishes to order to the location provided by them. The Client takes appropriate technical steps based on the displayed messages.

After providing all necessary data, a summary of the order will be displayed. The order summary will include information regarding: the identity of the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and other costs if applicable, the selected payment method, the chosen delivery method, delivery time, and costs.

If the subject of the contract is the delivery of digital content not recorded on a tangible medium or services provided electronically or remotely – the Consumer must give the following consent in an additional checkbox required to place the order, found on the Electronic Order Form: "I consent to the delivery of digital content not recorded on a tangible medium or to the commencement of the service before the end of the 14-day period from the date of concluding the contract and acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the above consent by email.

To place an Order, it is necessary to provide the mandatory personal data on the Electronic Order Form, accept the content of the Regulations, and send the order by clicking the "Order and Pay" button.

Sending the Electronic Order Form by the Client constitutes a binding statement of intent to conclude a Distance Sales Agreement, in accordance with the content of these Regulations.

The Distance Sales Agreement is deemed concluded at the moment the Seller receives the Electronic Order Form, confirmed by displaying a message to the Buyer confirming the receipt of the order and providing its number.

After concluding the Distance Sales Agreement, the Client receives an email confirmation of the placed order containing: confirmation of order receipt, final confirmation of all essential elements of the Order, and general terms of the concluded Distance Sales Agreement (Online Store Regulations along with Attachments No. 1 and 2), Seller’s details, Seller’s liability for the quality of performance, information about post-sale services provided by the Seller, and information on how to withdraw from the contract and its consequences. The instructions on how to withdraw from the contract and its consequences are included in Attachment No. 1.

Until the Seller begins order fulfillment:
- The Client can change their order using the technical solution available on the Electronic Order Form page and by going through the entire order process again. The change of the order occurs by placing a new one, which replaces the previously placed order. Any payment made by the Client is credited towards the new order, and in the case of an overpayment, it is refunded to the bank account from which the payment was made.
- The Client can cancel their order by selecting the “Cancel Order” option available on the Electronic Order Form page.

In the case of order cancellation by the Client, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method used by the Client.

The order fulfillment time is from 1 to 30 business days from the date of concluding the contract.

§ 4. Payment

The Online Store offers the possibility of making payments in advance. The option of deferred payment is available in cases individually agreed upon with the Seller.

Payments for goods can be made in the manner selected at the time of placing the order on the Electronic Order Form. Currently available payment methods in advance in the Online Store are available at https://leprive.pl/pl/payments.html.

§ 5. Delivery

On the Electronic Order Form, the Client selects the method of delivery by marking their choice.

If the Client fails to collect the Goods, resulting in the return of the Goods to the Seller, the Seller may withdraw from the sales contract. Withdrawal from the contract occurs by sending a statement to the Client in the form of an email.

In the situation described in point 2, the Seller is obliged to promptly refund the Client the payment received for the purchased Goods.

Currently available delivery methods in the Online Store are available at https://leprive.pl/pl/delivery.html.

§ 6. Withdrawal from the Contract - Electronic Return Form

A Buyer who is a Consumer and has entered into a Distance Selling Agreement may withdraw from it within 14 days without providing a reason. In the case of withdrawal from a Distance Selling Agreement, the contract is considered as not concluded.

The right to withdraw from the contract on the terms specified in Chapters 6 and 7 of these Regulations also applies to a natural person running a sole proprietorship making a non-professional purchase.

The Seller will verify the right of the person specified in point 2 to submit a declaration of withdrawal from the Contract. The verification is carried out by checking whether the concluded contract does not have a professional character for this person - which is particularly done by analyzing the PKD codes indicated in the Central Registration and Information on Business Activity.

If it is determined that the purchase made by a sole proprietorship in the Online Store had a professional character - the Seller will immediately, i.e., within 3 business days from receiving the declaration of withdrawal - inform the person making the declaration that, due to the professional nature of the purchase, the right to withdraw is not applicable, and thus the submitted declaration of withdrawal from the contract - does not produce legal effects. If the declaration of withdrawal from the contract was accompanied by the physical return of the Goods - the Goods will be sent back at the cost of the person making the declaration and to the address provided in the Order. The Seller's response will be provided using the same method as used by the person making the declaration.

In the case of withdrawal from the contract within Poland - the Consumer bears only the direct cost of returning the Goods (shipping costs). In the case of international returns, the customer bears the return costs and all associated fees and customs duties. The customer is responsible for all formalities related to customs clearance and the return of the goods. We assume no responsibility for the delay of the shipment at the border. We will not issue a refund for the goods until the shipment physically arrives at our headquarters.

The Consumer’s declaration must clearly express their will to withdraw from the contract. In particular, the Consumer may:
- Use the electronic return form available on the Online Store’s website: [https://leprive.pl/pl/returns-open.html](https://leprive.pl/pl/returns-open.html](https://leprive.pl/pl/returns-open.html)).
- Withdraw from the contract using the withdrawal form, which is Appendix No. 2 - by sending it to the Seller's address.

The Seller will promptly confirm receipt of the withdrawal declaration submitted in the manner specified in points 1 and 2 on a Durable Medium.

To meet the deadline, it is sufficient to send the declaration before the deadline expires.

The time limit for withdrawing from the contract begins:
- For a contract under which the Seller is obliged to transfer ownership of the Goods - from the day of taking possession of the Goods by the Consumer or a third party indicated by them other than the carrier, and in the case of a contract that:
  - Involves multiple Goods delivered separately, in batches, or in parts - from the day of taking possession of the last Good, batch, or part;
  - Involves the regular delivery of Goods over a specified period - from the day of taking possession of the first Good;
- For other contracts - from the day of concluding the contract.

The Withdrawal Form (Appendix No. 2 to these Regulations) and information on the right to withdraw from the contract (Appendix No. 1 to these Regulations) are provided electronically as indicated in point 3.5.3 of these Regulations.

The right to withdraw from a Distance Selling Agreement does not apply to contracts specified in Article 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on consumer rights, including:
- Contracts where the price or remuneration depends on fluctuations in the financial market which the entrepreneur does not control, and which may occur before the expiry of the withdrawal period;
- Contracts for goods that are not prefabricated, made according to the consumer’s specifications or intended to meet their individualized needs;
- Contracts for goods delivered in sealed packaging, which cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery;
- Contracts for audio or video recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
- Contracts for the supply of digital content and electronic licenses not on a physical medium, if the performance of the service has started with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed by the entrepreneur about the loss of the right to withdraw from the contract;
- Contracts for goods that deteriorate quickly or have a short shelf life, and those where the subject of the contract is goods that, due to their nature, are inseparably mixed with other items after delivery;
- Contracts for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
- Contracts concluded through a public auction;
- Contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, events, sports, or cultural activities if the contract specifies the day or period of service provision;
- Contracts for the supply of alcoholic beverages where the price was agreed upon at the conclusion of the sale contract, and the delivery can only take place after 30 days and the value depends on fluctuations in the market which the entrepreneur does not control.

Please do not send packages via Polish Post. We do not accept packages sent by Polish Post.

§ 7. Effects of Withdrawal from the Sale Contract

The Seller, within 14 days from the day of receiving the declaration of withdrawal from the Sale Contract, will return to the Consumer all payments made by them, including delivery costs corresponding to the cheapest offered method of delivery provided by the Seller.

The refund will be made using the same payment method that the Consumer used.

If the Consumer, to exercise the right of withdrawal, uses the Electronic Return Form - the funds will be refunded using the chosen method and to the bank account provided by the Consumer.

If the Seller did not offer to collect the Goods from the Consumer, they may withhold the refund of the payments received from the Consumer until the Goods are returned or the Consumer provides proof of their dispatch, whichever occurs first.

The Seller may offer to collect the Goods from the Consumer. However, if the Seller has not made such an offer - the Consumer should return the Goods to the Seller (or a person authorized by the Seller to collect) without delay, but no later than 14 days from the day of withdrawal from the contract. To meet the deadline, it is sufficient to send the Goods before the deadline expires. The Goods that the Consumer returns should be sent to the Seller’s address.

The Consumer is responsible for any diminished value of the Goods resulting from using them in a manner beyond what is necessary to ascertain the nature, characteristics, and functioning of the Goods.

Gift cards are non-returnable and cannot be exchanged for cash.

§ 8. Complaints

The Seller is obligated to deliver Goods free from physical and legal defects and is liable to the Customer for defects of the purchased Goods on the terms specified in the Civil Code.

If the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller based on the warranty for defects:
- Through the Electronic Complaint Form;
- In writing to the Seller's address or via email to contact@leprive.pl.

The complaint should specify the defect the Buyer believes the Goods have, the demands towards the Seller, and if possible - document the defect. The Seller is obligated to respond to the complaint within 14 days from receiving it. If no response is provided within this period, the complaint is considered accepted. The response to the complaint will be provided to the Buyer in writing or on a Durable Medium.

The steps the Buyer must take to file a complaint, including the method of delivering the complained Goods to the Seller, are specified at each stage of the Electronic Complaint Form.

If the Seller finds the complaint justified: the costs of replacement, repair, including shipping costs related to the complaint will be borne by the Seller.

The Seller will verify whether the complaint filed by a natural person running a sole proprietorship making a non-professional purchase has a non-professional nature. The verification is performed by analyzing the PKD codes indicated in the Central Registration and Information on Business Activity.

If, following the complaint made by the Consumer, the dispute is not resolved, the Seller will provide the Consumer with a statement on paper or another durable medium regarding:
- The intention to file an application to initiate proceedings for out-of-court resolution of consumer disputes or consent to participate in such proceedings or
- Refusal to participate in out-of-court resolution of consumer disputes.

Here is the translated version of the sections from the regulations into English:

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§ 9. Reviews

1. **Submitting Reviews:**
   - After completing an Order, a Client with an Account may be asked via email to provide a review of the order service and the individual products.
   - Reviews are voluntary and free of charge. To submit a review, the Client should click on the link in the email which redirects them to a separate page.
   - The Client may submit only one review per order.

2. **Forms of Reviews:**
   - The Client can assign a rating in the form of stars from 1 to 5.
   - The Client can also add a written comment, limited to 65,535 characters.
   - Reviews are automatically signed with the Client's name and the city specified by the Client during Account registration.

3. **Storage and Presentation of Reviews:**
   - Reviews are stored and publicly displayed on the Store's website, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
   - The Seller does not verify or control the content of the reviews.

4. **Client’s Responsibility:**
   - The Client is responsible for the content of the reviews. It is not allowed to post false, misleading, vulgar, aggressive, offensive, or otherwise inappropriate content.
   - Posting illegal content, content infringing third-party rights, or content related to unfair competition is also prohibited.
   - The Client may not post content containing links to external websites of a promotional or advertising nature or containing personal data of third parties.

5. **Moderation Rules:**
   - The Seller reserves the right to block reviews in whole or in part according to legal provisions and the Regulations.
   - The Client agrees not to post content with links to external sites or third-party personal data.

6. **Hiding Reviews:**
   - Upon the Client’s request, the content of reviews may be hidden from other Store users; however, the star rating assigned will still be included in the overall rating of the Store and Product.

§ 10. Intellectual Property

1. **Client’s Statement:**
   - The Client acknowledges that they do not hold any rights, including copyright or related rights, to the Reviews and comments posted, except for the right to use the Store as specified in the Regulations.
   - The Client is not authorized to record, reproduce, share, or disseminate content unless such authorization is provided by law or the Regulations.

2. **License:**
   - By submitting Reviews that constitute works under the Act of February 4, 1994, on Copyright and Related Rights, the Client grants the Seller a non-exclusive, free-of-charge, unlimited time-wise and territorial license to use these works, including the right to grant sublicenses.
   - The license includes all known exploitation fields, such as recording and reproduction using any technique, digital methods, and use in the Internet, advertising, and promotion.

3. **Account Deletion:**
   - Deleting an Account or Reviews does not affect the validity of the granted license.

§ 11. Final Provisions

1. **Effective Date:**
   - These Terms and Conditions are effective from January 8, 2024.

2. **Changes to the Regulations:**
   - If any provision of these Regulations is changed or invalidated by a competent authority or court, the remaining provisions will remain in force.

3. **Governing Law and Dispute Resolution:**
   - Polish law is applicable to these Regulations.
   - Disputes will be resolved by the competent local common court.
   - A Client who is a Consumer may also use extrajudicial methods of handling complaints and claims, as described on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
   - Such proceedings are voluntary and require the consent of both parties.

4. **ODR Platform:**
   - Information on the Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr.

§ 12. Annex 1 - Information on Exercising the Right of Withdrawal

1. **Right of Withdrawal:**
   - The right to withdraw from the contract under the conditions described below also applies to a person running a sole proprietorship who makes a purchase of a non-professional nature, i.e., not related to their business activities, as listed in the Central Register and Information on Business Activity. The right to withdraw from the contract also applies to Consumers.
   - You have the right to withdraw from this contract within 14 days without providing any reason. The withdrawal period expires after 14 days:
     - In the case of a sales contract, from the day you acquire possession of the goods or a third party other than the carrier and indicated by you acquires possession of the goods;
     - In the case of a contract obliging the transfer of ownership of multiple goods delivered separately, from the day you acquire possession of the last item or a third party other than the carrier and indicated by you acquires possession of the last item;
     - In the case of a contract obliging the transfer of ownership of goods delivered in batches or in parts, from the day you acquire possession of the last batch or part or a third party other than the carrier and indicated by you acquires possession of the last batch or part;
     - In the case of contracts for the regular delivery of goods for a specified period, from the day you acquire possession of the first item or a third party other than the carrier and indicated by you acquires possession of the first item;
     - In the case of contracts for the delivery of services or digital content not delivered on a tangible medium, from the day of the conclusion of the contract.

2. **How to Exercise the Right of Withdrawal:**
   - To exercise the right of withdrawal, you must inform us, i.e., LE PRIVÉ SP. Z O. O., Ludwinowska 11/183, 30-331 Kraków, tel. +48 668 618 705, contact@leprive.pl of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post, fax, or email).
   - You may use the withdrawal form template, but it is not obligatory.
   - You may also complete the Electronic Return Form available on the Store's website: https://leprive.pl/pl/returns-open.html. If you use this option, we will send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium.

3. **Timing and Costs:**
   - To meet the withdrawal deadline, it is sufficient to send the information regarding your exercise of the right of withdrawal before the withdrawal period has expired.
   - In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the chosen method of delivery other than the least expensive standard delivery offered by us). We will make the refund without undue delay, and in any case, no later than 14 days from the day we received the return shipment or proof of its dispatch, whichever is earlier. The refund will be made using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
   - For contracts involving the transfer of ownership of goods, where we have not offered to collect the goods in the event of withdrawal, we may withhold the refund until we have received the goods or proof of their return, whichever occurs first.
   - Please return the goods to Omnipack Sp. z o.o., Aleja Katowicka 66 building DC04 ramp 40, 05-830 Nadarzyn promptly, and in any case no later than 14 days from the day you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired. You will have to bear the direct cost of returning the goods.
   - Due to the weight and size of the goods, returning the goods may involve higher costs than regular postal delivery. If you wish to use courier services, it may be necessary to send the package on a pallet, which is more expensive than regular postal delivery.

§ 13. Annex 2 - Withdrawal Form Template