Online Shop Terms & Conditions

Introduction

The Online Shop available at https://elitlook.com/ is run by Elit-Designer Spółka z ograniczoną odpowiedzialnością [Limited Liability Company] with registered office in Tomaszów Mazowiecki under the address ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register under the National Court Register number: 0000620794, NIP [Tax Identification Number]: 7732479098, REGON [National Business Registry Number]: 364593370, initial capital of PLN 20,000;

Seller’s contact details:
– e-mail address:sklep@elitlook.com,
– telephone: +48 501 226 567.

This document (also constituting the Terms and Conditions within the meaning of the Act of 18 July 2002 on electronic service provision), hereinafter referred to as “Terms and Conditions”, defines the types and scope of electronic service provision through the Online Shop, rules on the conclusion of sale agreements through the Online Shop, rules of execution of these agreements, rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the agreement and complaint procedure.

I. Definitions

Online shop – the online shop available at https://elitlook.com/.
Seller – Elit-Designer Spółka z ograniczoną odpowiedzialnością [Limited Liability Company ] with registered office in Tomaszów Mazowiecki at ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register under the National Court Register number 0000620794, NIP [Tax Identification Number]: 7732479098, REGON [National Business Registry Number]: 364593370, initial capital of PLN 20,000;
Customer – a natural person, legal person or organisational unit without legal personality, who is granted legal capacity by the law, entering into an agreement with the Seller,
Consumer – a natural person making a legal transaction with the Seller which is not directly connected with his/her economic or professional activity.
Service – electronic services provided by the Seller via the Online Shop.
Sale agreement – a remote agreement concluded between the Customer and the Seller via the Online Shop, the subject of which is the purchase of Goods.
Goods – a product, a movable thing which the Customer purchases via the Online Shop.
Customer’s Account – a set of resources in the Seller’s ICT system, where information about the Customer is collected, including address information and order history.
Order Form – a form available in the Shop, enabling a purchase to be made.
Registration Form – a form available in the Shop, enabling the creation of the Customer’s Account.
Newsletter – the service which enables subscribing to and receiving electronically free information about Seller’s Goods and promotions.
Working day – one day from Monday to Friday excluding public holidays.

II. General Provisions

The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Terms and Conditions.
The Customer undertakes to use the Online Shop in accordance with applicable law and principles of social coexistence.
The Customer using the Seller’s Services is obliged to comply with these Terms and Conditions.
The Seller complies with the principles of protection of Customers’ personal data provided for in the Regulation of the European Parliament and of the Council (EU) 2016/679 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.
The Customer agrees to the collection, storage and processing of personal data by the Seller for the purpose of providing the ordered service. The detailed conditions of collecting, processing and protecting personal data by the Seller are defined in the “Privacy Policy” of the Online Shop.
If the goods are covered by a manufacturer’s warranty, it does not exclude or limit the Buyer’s ability to exercise its rights under the warranty for defects in the goods.
Goods available in the Online Shop are new, free from physical and legal defects.
The goods have been legally placed on the Polish market.
The information about the Goods displayed on the website of the Online Shop constitutes an invitation to enter into an agreement in the meaning of Article 71 of the Act of 23 April 1964 – Civil Code.
All prices shown on the website of the Online Shop are gross prices.
The Seller reserves the right to make changes in the prices of Goods available in the Online Shop, introduce new Goods, as well as conduct and cancel promotional campaigns or make changes in ongoing promotions.

III. General terms and conditions of provision of services

Through the Online Shop, the Seller provides electronic services consisting of:
1. enabling the completion of an Order Form to conclude a Sale Agreement,
2. enabling the registration and maintenance of a Customer Account,
3. sending information about promotions and Goods to the Customer in the form of a Newsletter.
The services referred to in paragraph 1 shall be provided free of charge.
The agreement for the provision of electronic services in the form of enabling to fill in the order form is concluded with the Customer for a definite period of time when the Customer starts filling in the form and terminates upon withdrawal from filling in the form or upon sending the filled in form to the Seller.
The agreement for the provision of electronic services in the form of enabling the registration and maintaining a Customer Account is concluded with the Customer for an indefinite period of time at the moment of registering with the Online Shop.
The agreement for electronic provision of the Newsletter service shall be entered into for an indefinite period of time as soon as the Customer signs up for the Newsletter service using the functionality available on the Online Shop website.
The creation of a Customer Account (“registration”) is carried out using the functionality available on the website of the Online Shop – the Registration Form.
Possessing a Customer Account is not required to place an order for the Goods available in the Online Shop.
Technical requirements necessary to use the services provided by the Seller:
1. a device with access to the Internet,
2. an Internet browser that supports cookies,
3. access to e-mail.
The Customer shall bear the fees related to Internet access and data transmission in accordance with the standard charges of his Internet service provider.

IV. Sales agreement

To enter into a sales agreement with the Seller the Customer should have their registered office or place of habitual residence in Poland or another European Union member state.
The Seller shall make it possible to place orders for Goods available in the Online Shop by means of an Order Form accessible on the Online Shop’s website for 24 hours every day of the week.
To place an order via the Order Form, the Customer selects the Goods available in the Online Shop by specifying the quantity he/she intends to purchase and, if possible, indicating the characteristics of the ordered product. After choosing the Goods (adding the Goods to the “shopping cart” through the functionality available in the Online Shop), the Customer fills in the Order Form, indicating therein the data necessary for the Seller to process the order.
Upon receipt of the Order, the Seller shall send a statement of acceptance of the Order to the Customer via e-mail to the address provided during the order placement process. Having verified the possibility of processing the Order, the Seller sends the Customer an order confirmation message. As soon as the Customer receives the order confirmation message, the sales agreement is concluded.
The order confirmation message shall contain the agreed terms and conditions of the sales agreement, in particular the quantity and type of Goods ordered, the total price to be paid including delivery costs and the amount of discounts granted (if applicable).

V. Order processing time and delivery

The Seller shall process orders in the order of their receipt (subject to point. VI, paragraphs 3-4 of these Terms and Conditions).
The order processing time includes the preparation, completion, packing and delivery of the Goods by the Seller. The average processing time for the Goods available in the Seller’s warehouse is two working days.
If a part of an order consisting of several Goods is currently unavailable, the Customer shall be informed thereof by phone or e-mail and shall decide on the manner of order completion (partial completion, extension of the waiting time, cancellation of the entire order or choice of replacement Goods).
In the case of orders consisting of several Goods of different availability that are to be delivered in one shipment, the order completion date shall depend on the date the Seller obtains the last Goods included in the order, unless otherwise agreed with the Customer.
The order processing time shall include the delivery time of the Goods to the Customer by the carrier in accordance with the delivery method selected by the Customer, if any.
Orders are released for delivery to the carrier on working days only.
Upon receipt of the parcel, the Customer should carefully check the condition of the packaging and its contents. If any damage or other irregularities are found, a shipping damage report should be drawn up in the courier’s presence and the Seller should be informed.

VI. Payment methods

The seller allows the following payment methods:
1. prepayment to the Seller’s bank account indicated in the order confirmation message,
2. cash on delivery.
The customer is obliged to make payment within 7 working days from the conclusion of the agreement. If payment is not made within the specified period, the sales agreement may be terminated.
The Seller proceeds with the execution of the order as soon as the payment is credited to the bank account.
In the case of cash on delivery, the Seller proceeds with the order after its confirmation.
The Seller shall document the sale of the Goods with a receipt or a VAT invoice. The proof of purchase is delivered to the Customer together with the Goods or electronically to the e-mail address indicated by the Customer when placing the order.

VII. Warranty for defects

In accordance with Article 556 of the Act of 23 April 1964 – Civil Code, the Seller is responsible towards the Customer for physical and legal defects of the sold Goods. The Seller will not be responsible for the warranty if the Customer knew about the defect at the time of entering into the agreement.
Delivery of Goods under warranty for defects shall be performed at the Seller’s expense.
The Seller shall be responsible for the warranty if the defect is discovered before the lapse of two years from the date of delivery of the Goods to the Customer. In the case of used Goods, the Seller shall be responsible for the warranty for defects discovered before the lapse of one year from the date of delivery of the Goods to the Customer being a consumer.
Notification of defects in the Goods shall be sent by e-mail to sklep@elitlook.com or in writing to the address of the Seller’s registered office. The notification may be submitted using the form attached as Annex 2 to the Terms and Conditions.
If the item has a defect, the Customer may make a request to reduce the price or withdraw from the agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective item with a defect-free one or removes the defect. This restriction shall not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the item with a defect-free item or to remove the defect.
The Customer may, instead of the removal of defects proposed by the Seller, demand the replacement of the item with a defect-free one or, instead of replacing the item, demand the removal of the defect, unless making the item conform with the agreement in the way chosen by the Customer is impossible or would require bearing excessive costs in comparison with alternative proposed by the Seller.
The customer may not withdraw from the agreement if the defect is insignificant
If the assessment of physical defects is necessary, the Goods shall be delivered to the address: „Elit-Designer” Sp. z o.o. ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki.
The Seller shall respond to the Customer’s notification within 14 calendar days of its receipt. Failure to consider the notification within the prescribed time limit shall be deemed to constitute its acceptance.
The Seller shall bear the costs of collection, delivery, removal of defects or replacement of the Goods with new ones.

VIII. Withdrawal from the Sales Agreement

The customer who is a consumer within the meaning of Article 27 of the Act of 30 May 2014 on Consumer Rights, has the right to withdraw from an agreement concluded at a distance without giving any reason.
The Customer shall have the right to withdraw from the agreement within 14 calendar days from the moment he or a third party indicated by him other than the carrier takes possession of the Goods.
The Customer may withdraw from the agreement by making a statement via the form attached as Annex 1 to these Terms and Conditions, sending it by e-mail or to the postal address of the Seller.
The deadline for sending the statement of withdrawal provided for in the paragraph 2 shall be considered met provided that the statement is sent before the expiry date.
The Seller shall immediately confirm to the Customer the receipt of the statement of withdrawal.
The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the agreement, return to the Customer all payments received from him, including the costs of delivery of the item. The Seller shall refund the payment using the same method as the method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs to the Customer.
If the Seller has not offered to collect the Goods from the Customer himself, he may withhold the refund of the payments until he has received the Goods back or the Customer has provided confirmation of having sent them back, whichever event occurs first.
If the Customer has chosen a way of delivering the items other than the cheapest ordinary way offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for additional costs incurred by him.
The Customer shall be obliged to return the Goods to the Seller or hand them over to a person authorised by the Seller immediately, but no later than within 14 calendar days, from the date of withdrawal from the agreement, unless the Seller has offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiry.
The Customer shall return the Goods in their original undamaged packaging and with their original labelling.
The Customer shall only bear the direct costs of returning the Goods.
The goods must be delivered to the following address: „Elit-Designer” Sp. z o.o. ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki.
In the event of withdrawal, the consumer shall be liable for any diminished value of the item resulting from the use of the item beyond what is necessary to establish its nature, characteristics and functioning of the item.
The Customer shall not have the right to withdraw from the agreement in the case of the agreements specified in Article 38 of the Act of 30 May 2014 on consumer rights, i.a. those in which the subject is an item delivered in sealed packaging which cannot be returned for health protection or hygiene reasons once the packaging has been opened, if it has been opened after delivery.

IX. Withdrawal from the agreement for the provision of electronic services
and complaint procedure

In the case of agreements for the provision of electronic services of a continuous and indefinite nature, the Customer shall have the right to withdraw from the agreement. The Customer may withdraw from the agreement with immediate effect and without giving reasons by sending a statement of termination to the e-mail address sklep@elitlook.com.
The Seller reserves the right to terminate the agreement for the provision of electronic services of a continuous and indefinite nature with 14 days’ notice in case of violation of the provisions of these Terms and Conditions on the part of the Customer.
In the case of failure to perform or improper performance of services provided by the Seller through the Online Shop, the Customer is entitled to lodge a complaint by e-mail to the address sklep@elitlook.com.
A properly made complaint should contain the Customer’s designation (name and surname or company name, residence or business address and e-mail address), the subject of the complaint together with an indication of the period to which the it relates and the circumstances justifying the complaint.
The complaint shall be considered by the Seller within 14 calendar days from the date of complaint receipt.

X. Provisions for entrepreneurs

The provisions of this paragraph apply only to Customers who are not consumers within the meaning of Article 221 of the Civil Code.
The Seller reserves the right to withdraw from the sales agreement at any time as long as the Goods have not been delivered to the Customer, a third party acting on behalf of the Customer or the carrier performing the delivery to the Customer. Withdrawal from the agreement by the Seller shall not entitle the Customer to any claims against the Seller.
The Seller reserves the right to limit the payment methods available in the Online Shop. The Seller reserves the right to request prepayment of all or part of the order value, regardless of the payment method selected by the Customer.
Pursuant to Article 558 of the Civil Code, in the case of sale of Goods to a Customer who is not a consumer, the Seller’s liability under warranty shall be excluded.
Pursuant to Article 548 paragraph 1 of the Civil Code, at the moment of handing over the Goods by the Seller to the Customer, a third person indicated by the Customer or the carrier, the benefits and burdens related to the Goods as well as the danger of accidental loss or damage to the Goods pass to the Customer.
The Seller’s liability to the Customer shall be limited only to actual damage incurred by the Customer in connection with improper performance of the agreement by the Seller, whereby the Seller shall be liable in an amount no greater than the value of the order placed by the Customer.

XI. Liability

The Seller shall not be liable for incorrect data entered by the Customer (in particular, by entering incorrect data in the forms available on the website) or the Customer’s actions that hinder or preclude provision and execution of services by the Seller.
The Seller shall not be liable for the consequences of the use of the Online Shop by the Customer in a manner inconsistent with the provisions of the Terms and Conditions, applicable laws and principles of community life or customs.
The Seller reserves the right to suspend or terminate provision of particular functionalities of the Online Shop due to the necessity of maintenance, review or development of the technical base or software. Suspension or termination of individual functionalities of the Online Shop must not violate the Customer’s rights.

XII. Intellectual property

All content included in the Online Shop (including graphics, text, page layout and logos) and not originating from the Customer or other suppliers, fall under copyright protection and are the sole property of the Seller. The use of such content without the Seller’s written consent shall result in civil and criminal liability.
The Customer is obliged to use all the content of the Online Shop only for his/her own personal use. The use of the content for other purposes is only permitted if this has been expressly indicated by the seller.
The use of the Online Shop, including the use of text materials, graphics, photos, applications, databases or other content, does not imply that the Customer has acquired any rights regarding the content indicated, and in particular does not imply the acquisition of any copyright and related rights or licenses.
The following actions are forbidden without the express consent of the Seller:
1. copying, modifying and transmitting electronically or otherwise the Online Shop or parts thereof, as well as individual content made available through it,
2. distributing in any way the content published in the Online Shop,
3. downloading the database contents and reusing them in whole or in part.

XIII. Final provisions

The Seller reserves the right to amend these Terms and Conditions. The Seller shall inform about changes to the Terms and Conditions on the website of the Online Shop at least 14 calendar days before the changes to the Terms and Conditions come into force. The amendment of the Terms and Conditions does not apply to Customers who placed an order while the previous version of the Terms and Conditions was in force. An amendment to the Terms and Conditions during a continuous contractual relationship shall be binding on the other party if the requirements set out in Article 384 have been complied with and the party has not terminated the agreement within 14 calendar days of notice.
In all other matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply.
The Customer has the possibility of using out-of-court ways of dealing with complaints and pursuing claims resulting from orders placed in the Shop. These include: in the case of a dispute over property rights arising from service and sale agreements, to apply for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection; to apply to the Provincial Inspector of Trade Inspection in Łódź (https://www.wiih.lodz.pl/) to take action to resolve the dispute out of court pursuant to the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823).
Notwithstanding the paragraph 3, the Customer may request the assistance of a district (city) consumer advocate. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
A customer who is a consumer may also resolve disputes with the Seller through the ODR platform available at http://ec.europa.eu/consumers/odr/.
Disputes arising from the provision of services under these Terms and Conditions will be submitted for resolution:
1. to a common court chosen by the Customer in accordance with the applicable provisions of Polish law if the Customer is a consumer,
2. to a common court of law with jurisdiction over the Seller’s registered office if the Customer is not a consumer.
The Annexes to the Terms and Conditions shall form an integral part thereof.
- WITHDRAWAL FORM – Attachment 1
- CUSTOMER COMPLAINT FORM – Attachment
  2
These Terms and Conditions come into force on 24 February 2020.

RETURN POLICY

Right of withdrawal

The customer who is a consumer has the right to withdraw from the sales agreement within 14 days for convenience. The period for withdrawal shall expire after 14 days from the day on which the customer or a third party indicated by the customer other than the carrier has acquired possession of the goods.

In order to exercise your right of withdrawal, you must notify us, i.e. “Elit-Designer” Spółka z ograniczoną odpowiedzialnością [Limited Liability Company] with its registered office in Tomaszów Mazowiecki at ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki, e-mail: sklep@elitlook.com, of your decision to withdraw from the sales agreement by an unequivocal statement sent to us by post or by e-mail to the addresses indicated above.

The Customer may use a withdrawal form template attached as Annex No. 1 to the Terms and Conditions of our Online Shop. The use of the template is not obligatory.

In order to meet the withdrawal deadline, it is sufficient for the Customer to send notice of withdrawal before the withdrawal period has expired.

The Customer shall return the Goods in their original undamaged packaging and with their original labelling.

Please be advised that the right to withdraw from a distance agreement does not apply to the agreements specified in Article 38 of the Act of 30 May 2014 on Consumer Rights.

Effects of withdrawal

In the event of withdrawal from this agreement, we shall return all payments received from you, including the costs of delivery of the items (with the exception of the additional costs resulting from the choosing a method of delivery other than the least expensive usual method of delivery offered in our Online Shop), as soon as possible and no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal. The refund shall be made using the same payment method as that used in the original payment; unless the Customer has explicitly agreed to a different method that does not incur any costs for him or her.

Please be advised that we may withhold the refund until we have received the Goods or until you provide us with proof of return, whichever event occurs first.

Please send the Goods back to the following address: „Elit-Designer” Sp. z o.o. ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki, as soon as possible and not later than 14 days from the day of sending the notice of withdrawal from the agreement. The time limit is met if the Consumer returns the Product within the period of 14 days. Please be advised that the customer will be required to bear the direct costs of returning the item.

Warranty for defects

In accordance with Article 556 of the Act of 23 April 1964 – Civil Code, the Seller is responsible towards the Customer for physical and legal defects of the sold Goods. The Seller will not be responsible for the warranty if the Customer knew about the defect at the time of entering into the agreement.

Pursuant to Article 558 of the Civil Code, in the case of sale of Goods to a Customer who is not a consumer, the Seller’s liability under warranty shall be excluded.

Delivery of Goods under warranty for defects shall be performed at the Seller’s expense.

The Seller shall be responsible for the warranty if the defect is discovered before the lapse of two years from the date of delivery of the Goods to the Customer. In the case of used Goods, the Seller shall be responsible for the warranty for defects discovered before the lapse of one year from the date of delivery of the Goods to the Customer being a consumer.

Notification of defects in the Goods shall be sent by e-mail to sklep@elitlook.com or in writing to the address of the Seller’s registered office.

If the item has a defect, the Customer may make a request to reduce the price or withdraw from the agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective item with a defect-free one or removes the defect. This restriction shall not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the item with a defect-free item or to remove the defect.

The Customer may, instead of the removal of defects proposed by the Seller, demand the replacement of the item with a defect-free one or, instead of replacing the item, demand the removal of the defect, unless making the item conform with the agreement in the way chosen by the Customer is impossible or would require bearing excessive costs in comparison with alternative proposed by the Seller.

The customer may not withdraw from the agreement if the defect is insignificant

If the assessment of physical defects is necessary, the Goods shall be delivered to the address: „Elit-Designer” Sp. z o.o. ul. Warszawska 105 B, 97-200 Tomaszów Mazowiecki..

The Seller shall respond to the Customer’s notification within 14 calendar days of its receipt. Failure to consider the notification within the prescribed time limit shall be deemed to constitute its acceptance.

The Seller shall bear the costs of removal of defects or replacement of the Goods with new ones.