Terms and Conditions
ONLINE STORE TERMS & CONDITIONS www.lelei.earth
last updated: 8 August 2025
§ 1. DEFINITIONS
Regardless of other definitions established in the content of these Terms & Conditions, whenever the following terms are capitalised in the text of the Terms & Conditions, they have the meaning assigned to them below:
- Seller’s Address – Kalinowo 14A, 18-421 Piątnica Poduchowna.
- Business Day – means any day from Monday to Friday, excluding Saturdays and public holidays.
- Order Form – the electronic order submission procedure made available by the Seller in the Online Store.
- Password – a string of alphanumeric characters set by the Customer during the process of registering an Account, necessary for authorisation (Customer identification) when accessing the Customer’s Account.
- Customer – a natural person with full legal capacity who is at least 18 years old, a legal person, or an organisational unit without legal personality, which is granted legal capacity by law, who uses the Online Store.
- Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended).
- Consumer – a consumer within the meaning of Article 221 of the Civil Code; a natural person carrying out a legal act with an entrepreneur not directly related to their business or professional activity, including purchasing a Product for purposes not related to their business or professional activity.
- Account – a set of data stored in the Online Store and in the Seller’s ICT system regarding a given Customer and the Orders placed by them and Sales Agreements concluded using it, by means of which the Customer can place Orders, conclude Sales Agreements, and perform other activities to the extent and in the manner specified in the Terms & Conditions.
- Cart – an electronic form made available by the Seller in the Online Store, via which the Customer selects Products in order to place an Order.
- Buyer – a Customer who has concluded a Sales Agreement with the Seller.
- Login – the Customer’s email address or a string of alphanumeric characters set by the Customer and used during the registration process and each time they use the Account, to gain access to the Account.
- Natural person conducting sole proprietorship making a purchase of a non-professional nature – a natural person concluding a Sales Agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature for them, in particular resulting from the subject of their business activity made available based on the provisions of the Central Register and Information on Economic Activity, in respect of which, in accordance with applicable legal provisions, the provisions relating to Consumers shall apply in terms of the right to withdraw from a distance contract, rights arising from the provisions on prohibited clauses used in standard contracts, and those relating to liability under warranty for defects in the sold goods.
- Privacy Policy – a document specifying detailed rules for the processing and protection of personal data and the use of cookies in the Online Store, constituting an integral part of these Terms & Conditions [Appendix no. 3 to the Terms & Conditions].
- Product – means any goods or services offered by the Seller in the Online Store, including services related to the offered goods – e.g., delivery.
- Terms & Conditions – these terms and conditions, prepared pursuant to Article 8 of the Act of 18 July 2002 on the provision of services by electronic means, specifying in particular the rules for concluding Sales Agreements via the Online Store, the rules for performing these agreements, and the rights and obligations of the parties to a Sales Agreement, available on the website www.lelei.earth in the tab named “Terms & Conditions”.
- Online Store – the online service operated by the Seller, available at: www.lelei.earth, through which the Customer can obtain information about the Product and its availability, select and add a Product to the Cart, purchase a Product, conclude a Sales Agreement with the Seller, as well as perform other actions specified in these Terms & Conditions.
- Seller – the service provider operating the Online Store in order to invite Customers to conclude Sales Agreements – Karolina Gosiewska conducting business activity under the name Lelei Earth Karolina Gosiewska, NIP: 7182174197, REGON: 541611259, tel. +48 731 339 700, e-mail: info@lelei.earth.
- Goods – a movable item offered by the Seller in the Online Store along with all elements explicitly listed in the sales offer of the given Goods posted in the Online Store.
- Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to them, in a manner that allows access to the information in the future for a period appropriate to the purposes the information serves, and which allows the reproduction of the stored information in an unchanged form, in particular electronic mail (by recording on the recipient’s server).
- Sales Agreement – a sales contract concerning the Products offered by the Seller, concluded via the Online Store at a distance between the Customer and the Seller. The Sales Agreement is concluded at the moment referred to in § 3 section 18 letter b of these Terms & Conditions. The provisions of the Terms & Conditions and the Privacy Policy apply to each concluded Sales Agreement. The Sales Agreement is governed by Polish law and will be interpreted and performed accordingly.
- Service – a service provided by the Seller to the Customer on the terms and conditions specified in the Terms & Conditions, by electronic means.
- Placing an Order – confirming the Order in the Order Form by clicking the “Order and Pay” button, treated as the Customer’s binding declaration of intent to conclude a Sales Agreement with the Seller.
- Order – a declaration of intent to purchase a Product submitted by the Customer via the Online Store by remotely completing the Order Form in the Online Store in a way that enables the Seller to identify the Customer, the Product to be the subject of the Sales Agreement, and other necessary elements of the Order, including the place and method of its delivery or collection, the value of the Order, and the payment method.
§ 2. GENERAL PROVISIONS
- The Seller provides the Customer with the following Services under these Terms & Conditions:
a) searching for and selecting Products from the assortment specified in the Online Store;
b) creating a Cart;
c) completing electronic forms made available in the Online Store;
d) purchasing Products by concluding Sales Agreements with the Seller;
e) registering and using an Account within the Online Store;
f) receiving emails from the Seller in which the Seller confirms the Placing of an Order, the acceptance of the Order for processing, and receipt of payment for the Placed Order;
g) subscribing to and receiving the Newsletter, as well as opting out of this entitlement (these processes are described in the Privacy Policy);
h) checking the status of an Order and tracking the shipment of the Order via tabs available on the Online Store’s website where the Order was Placed using a registered User Account;
i) viewing the history of Orders and transactions placed and fulfilled in the Online Store via tabs available on the Online Store’s website, after providing the data and information required there, where the Order was Placed using a registered User Account. - Use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a) use of one of the internet browsers listed below, in a current version, e.g.:
Firefox, Chrome, Microsoft Edge, Internet Explorer, Safari;
b) possession of any program capable of viewing PDF files. - The Seller shall not be liable for problems in using the Online Store resulting from Internet network issues beyond the Seller’s control.
- The Seller reserves the right to temporarily suspend the operation of the Online Store for technical reasons, failures, or maintenance and update works. The Customer is not entitled to compensation on this account.
- Use of the Online Store is voluntary and free of charge. The Customer may resign from using the Online Store at any time.
- Notwithstanding the gratuitous nature of using the Online Store indicated above, the Customer may incur costs related to the use of the Internet. The cost of connecting to the Internet corresponds to the rates of the Customer’s network operator.
- The Seller makes these Terms & Conditions together with the appendices, which form an integral part of it and are listed in the content of the Terms & Conditions, available via a link placed on the homepage of the Online Store. The Terms & Conditions are available on the homepage before the conclusion of a Sales Agreement, during its conclusion, and also after its conclusion and performance, and the Customer may read its content at any time of their choosing. By placing an Order via the Online Store, the Customer confirms that the content of the Terms & Conditions and the Privacy Policy, which forms an integral part of the Terms & Conditions, is known to them and that they accept its provisions.
- The Seller reserves the right to amend and update the Terms & Conditions and the Privacy Policy. In the case referred to in the preceding sentence, all the most recent versions of the Terms & Conditions and the Privacy Policy will be available on the Online Store’s website.
- These Terms & Conditions constitute an integral part of the Sales Agreement concluded between the Buyer and the Seller.
- To ensure the security of the transmission of communications and data in connection with the Services provided, the Seller takes technical and organisational measures to ensure the security of the Services provided, in particular measures to prevent the unauthorised acquisition, dissemination, use, and modification by unauthorised persons of personal data made available and transmitted via the Online Store. The Seller processes the Customer’s personal data expressly indicated in these Terms & Conditions under the rules specified in the Privacy Policy and only to the extent necessary to provide Services by electronic means. Detailed rules for the protection and processing of personal data are set out in the Privacy Policy.
- A Customer using the Online Store is obliged to comply with the provisions of the Terms & Conditions.
- The Online Store does not conduct wholesale sales or the sale of Products for further resale. If wishing to place a wholesale order, the Customer should send an appropriate inquiry to the Seller using the contact details indicated in these Terms & Conditions and in the Online Store. The parties will then proceed to negotiate the possibilities and terms of fulfilling a wholesale order.
- The Online Store makes available to the Customer information about the main characteristics and parameters of the Product, the price of the Product, and its availability. The Product description may, but does not have to, include a photograph of the Product.
- The photographs and descriptions of Products posted in the Online Store are for illustrative purposes only, providing a general idea and impression of the Products, their properties, and appearance. The Products shown in photographs posted in the Online Store, in particular their colour and size, may differ from the actual.
- Advertisements, announcements, and other information posted in the Online Store shall, in case of doubt, be deemed not to constitute an offer, but an invitation to conclude a contract. They also do not constitute assurances by the Seller.
- Customers may contact the Seller in matters related to the Services provided via the Online Store by post at: Kalinowo 14A, 18-421 Piątnica Poduchowna; by email at: info@lelei.earth; and by telephone at: +48 731 339 700.
- Customers are prohibited from undertaking the following actions via the Online Store:
a. providing and transmitting content prohibited by law, e.g., content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties;
b. using the Online Store in a manner that disrupts its functioning, in particular through the use of specific software or devices;
c. taking actions such as sending or placing unsolicited commercial information (spam) within the Online Store;
d. using the Online Store in a manner that is burdensome for other Customers or for the Seller;
e. using any content posted within the Online Store beyond personal use;
f. using the Online Store in a manner inconsistent with the laws in force in the territory of the Republic of Poland, with the provisions of the Terms & Conditions, and with the Privacy Policy.
§ 3. ORDERS
- An Order in the Online Store may be placed via a created and registered Account or by selecting the option to order without registration.
- Registering an Account or using the Online Store without registering an Account is equivalent to concluding a Service Agreement between the Seller and the Customer. The provision of Services by the Seller to the Customer via the Online Store commences upon conclusion of the Service Agreement.
Account Registration - Registration of an Account in the Online Store requires the Customer to complete an electronic form made available for this purpose by the Seller, by providing the data and information required by the Seller for the provision of Services and the conclusion of a Sales Agreement, i.e. the Customer’s email address and a Password for the Account created by the Customer.
- Failure to provide all data and information required in the Account registration process may prevent the Seller from providing Services to the Customer. The Customer’s Account is verified via an email message. The Customer’s email address and the Password set by them during the Account registration process will be used each time the Customer logs in to their Account in the Online Store. Registration of an Account requires the Customer to accept the Terms & Conditions and the Privacy Policy, to consent to be bound by their provisions, and to consent to the processing of personal data. By accepting the indicated documents and clauses, the Customer declares that they have read them, accept their content and conditions, and agree to be bound by their provisions. During the Account registration process, other clauses and consents may appear, the acceptance of which is not required for the purpose of Account registration; the Customer may, but is not obliged to, consent to their application. The data entered by the Customer for the purpose of Account registration may be freely modified by them, provided that confirmed Orders accepted for processing will be fulfilled based on the data disclosed in the Customer’s Account at the time the Order is accepted for processing.
- The Service Agreement is concluded for an indefinite period. Both parties have the right to terminate the Agreement in the situations indicated in these Terms & Conditions. A statement regarding the termination of the Service Agreement should be made and delivered to the other party in written or electronic form. The Customer may terminate the Service Agreement with a 7-day notice period, counted from the day on which the statement of termination was delivered to the Seller at the Seller’s contact details indicated in § 2 section 16 of these Terms & Conditions, without providing any reasons. The Seller may terminate the Service Agreement with immediate effect by sending a statement to the Customer at the contact details provided during Account registration or Order Placement, in the event of a breach by the Customer of § 2 section 17 of these Terms & Conditions, as well as any other gross violation of the provisions of these Terms & Conditions. In such a situation, the Seller may stipulate that re-registration of the Customer’s Account will require the Seller’s permission. Termination of the Service Agreement does not affect Sales Agreements concluded before the Service Agreement ceased to be binding.
- Through the “MY ACCOUNT” panel functionality, the Customer may review their recent Orders, download available files from the “Downloads” tab, manage billing and shipping addresses, manage saved payment methods, and change their Password and Account details, including stored first and last name, email, and Customer name.
- The Customer may delete their Account at any time and without providing reasons. Deletion of the Account by the Customer is equivalent to submitting a statement terminating the Service Agreement.
- Upon termination of the Service Agreement between the Parties, the Customer’s Account becomes inactive, and all Orders placed by them for which no Sales Agreement has been concluded are cancelled.
- A registered Account is accessible to all persons who have the Login and Password assigned to the Account. The Customer bears sole and full responsibility for making their Login and Password available to third parties or for inadequate security of these details, resulting in access being gained by third parties, as well as for any consequences of the use of these details, including Orders placed using them and other activities performed by third parties using the Customer’s Login and Password, which are deemed to be placed or performed by the Customer, unless such situations were caused solely by circumstances attributable to the Seller.
Orders Without Registration - By selecting the option to order without registration in the Online Store system, a temporary internal account is created for the purpose of processing the data necessary to fulfil the Placed Order. If the order-without-registration function is selected, for the purpose of Placing an Order, the Customer is obliged to complete the Order Form by entering all data necessary to conclude and perform the Sales Agreement, i.e. email address, first name, last name, country/region, street, postal code, city, phone number, and optionally – company name (if the Order is placed in connection with business activity), as well as Order notes, including data for issuing a VAT invoice if the Customer so wishes. The Customer may also indicate a different delivery address if it differs from the billing address. Using the order-without-registration functionality requires the Customer to accept the Terms & Conditions, the Privacy Policy, and to consent to the processing of personal data. The Customer is not required to accept other clauses in order to place and fulfil the Order. The internal account is maintained until the Order is fulfilled.
Order Placement - The Seller makes the Online Store available for placing Orders 24 hours a day, 7 days a week, subject to periodic unavailability due to maintenance work and technical failures. Orders placed on a Business Day as well as on a non-Business Day will be processed on the next Business Day.
- Purchases are made by completing the Order Form available on the Online Store’s pages. The Customer selects the Products they wish to order through the Online Store by adding them to the Basket. The Order Form specifies which Products, at what price, and in what quantity the Customer decides to order, with the obligation to pay.
- The Customer bears sole responsibility for errors made when completing the Order Form.
- The Customer takes the appropriate technical steps based on the messages displayed in the Order Form. After selecting the Products to be ordered, the Customer carries out the following actions:
a. Places the Order after logging into their Account, or chooses to register an Account during the Order placement process, or places the Order without registering an Account.
b. Enters the data required in the Order Form, necessary to fulfil the Order and, if applicable, to register an Account, including – email address, first name, last name, country/region, street, postal code, city, phone number, and optionally – company name (if the Order is placed in connection with business activity) and Order notes, including data for issuing a VAT invoice if the Customer so wishes, unless the Customer has a registered and active Account – in which case the system automatically uses the data provided during Account registration; the Customer may also indicate a different delivery address via the appropriate Online Store functionalities.
c. Selects the payment method from the options available in the Order Form.
d. Selects the delivery method from the options available in the Order Form – the choice of delivery method may increase the Order value by the price of the selected delivery option and may require the selection/provision of additional data and information.
e. Verifies the accuracy of the data entered in the Order Form – in particular, the ordering party’s and recipient’s details, type and quantity of Products ordered, place and method of delivery, payment method, price of the Products, and price of the selected delivery method.
f. Has the option to provide comments on the Order via the Order Form functionalities.
g. Has the option to enter a discount code via the relevant functionalities of the Order Form.
h. Confirms that they have read, have no objections to, and agree to be bound by the Terms & Conditions and the Privacy Policy.
i. Consents to the processing of their personal data and – if they so wish – to the content and applicability of other clauses and documents.
j. Selects the “Order and Pay” button, whereby the Customer confirms that they wish to place the Order with the obligation to pay all prices, fees, and costs shown in the Order Form before final acceptance. - Once the Customer has provided all data required in the Order Form and paid for the Order, an Order summary will be sent to the provided email address. The Order summary will contain information regarding: the Customer’s identification data, the subject of the Order, the unit and total price of the ordered Products, delivery method and costs, chosen payment method, delivery address, and other data if applicable.
- To place an Order, it is necessary to provide the personal data marked as mandatory in the Order Form, accept the Terms & Conditions and the Privacy Policy, and give the consents indicated in the Order Form as required for the provision of Services and the conclusion of the Sales Agreement.
- Order placement occurs by clicking the “Order and Pay” button, whereby:
a. Submission of the Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement in accordance with these Terms & Conditions.
b. A Distance Sales Agreement is deemed concluded at the moment the Seller receives payment from the Buyer for the Placed Order. The Seller confirms payment for the Placed Order in the email referred to in § 3 section 18 letter c below.
c. After concluding the Distance Sales Agreement, the Buyer receives, via email, confirmation of the order and commencement of its fulfilment by the Seller, containing: the Order number, confirmation of the content of the placed Order, in particular all essential elements of the Order specified in these Terms & Conditions and the Order Form, the wording of the clauses accepted by the Customer in the form binding at the date of conclusion of the Sales Agreement, links to the Terms & Conditions and the Privacy Policy, information on exercising the right of withdrawal from the Sales Agreement along with a model withdrawal statement (Appendices No. 1 and 2 to these Terms & Conditions), and the Seller’s details. The confirmation of order placement and commencement of fulfilment will be sent by the Seller to the Buyer no later than 7 Business Days from the date of placing the Order. - The Product price displayed on the Online Store’s website is given in Euro and includes taxes. The Customer is informed on the Online Store’s pages during Order placement about the total price including taxes of the Product being ordered, as well as the cost of delivery and any other costs, or, where the amount of such charges cannot be determined, the obligation to pay them.
- At the time of dispatch of the shipment with the Order to the delivery address indicated by the Buyer, the Buyer will receive an email to their indicated email address with proof of purchase – an invoice, simplified invoice, or receipt, as appropriate. By concluding the Sales Agreement, the Customer agrees to receive proof of purchase exclusively in electronic form, without a signature.
- If the Customer makes a purchase as a business, they are obliged to provide their VAT ID (NIP) and other business details required in the Order Form at the time of placing the Order.
- Order changes or cancellations are only possible by direct contact with the Seller via the Seller’s contact details specified in § 2 point 16 of the Terms & Conditions. It is not possible to issue an instruction to change or cancel an Order after the Seller has commenced the order fulfilment process.
- When placing an Order, the Buyer must exercise due diligence. Providing incorrect data may result in the Order being cancelled. The Customer bears sole responsibility for errors made when completing the Order Form.
- If the Order is cancelled, the Seller will refund the payment received for the Order within 14 Business Days from the date of Order cancellation. The refund will be made using the same payment method used by the Customer and to the same bank account from which the payment was made.
- The order processing time is between 1 and 30 business days from the date of conclusion of the Sales Agreement. The estimated order processing time may be extended in exceptional circumstances beyond the Seller’s control, of which the Customer will be informed by the Seller via telephone or email. An Order is considered fulfilled upon dispatch of the shipment with the Order to the Customer’s address indicated in the Order Form.
- The Seller reserves the right to cancel or partially cancel an Order in the event of unavailability of the ordered Products, placement of the Order contrary to the Terms & Conditions, or gross violation by the Customer of the provisions of the Terms & Conditions and the Privacy Policy. The Seller will inform the Customer of the cancellation or partial cancellation of the Order, stating the reason, by email. In the event of partial impossibility to fulfil the placed Order due to unavailability of Products, the Seller will inform the Customer, who may choose to partially fulfil the Order (for the Products available to the Seller at the time of conclusion of the Sales Agreement) or cancel the Order in full. Failure by the Customer to submit a statement regarding their preferred course of action in the event of only partial availability of Products within 2 Business Days from the Seller’s proposal will result in the Order being processed as proposed by the Seller. The Seller will refund the payment received for the cancelled Order (or part thereof in the event of partial cancellation) within 14 Business Days of cancellation.
- By placing an Order via the Online Store, the Customer confirms that they have read and accepted the Terms & Conditions and the Privacy Policy. Acceptance of these Terms & Conditions and the Privacy Policy by the Buyer during the ordering process, by ticking the appropriate checkbox in the form, is a condition for concluding the Sales Agreement. Failure to accept the Terms & Conditions and the Privacy Policy prevents the purchase and placement of an Order in the Online Store.
§ 4. PAYMENT
- The Online Store offers the option to make payment for an Order via one of the payment methods made available for this purpose by the Seller in the Online Store, including:
a. Electronic payment via Apple Pay;
b. Electronic payment via Google Pay;
c. Electronic payment via ZLink;
d. Payment by Visa or MasterCard. - Payment for the Product can be made in the manner selected at the time of placing the Order via the Order Form.
- The Seller may grant temporary or permanent discounts and promotions on Products, which is a right and not an obligation of the Seller and is exercised at the Seller’s sole discretion. The Customer is not entitled to demand that a discount or promotion be granted.
§ 5. DELIVERY
- Delivery of Goods is available within all countries of the European Union.
- The Customer selects the delivery method of the ordered Goods by marking the preferred option from those made available by the Seller in the Order Form. Selecting an option may involve the obligation to bear additional costs related to the chosen delivery method.
- If the Buyer fails to collect the Goods for which a delivery attempt was made in the manner chosen in the Order Form, resulting in the return of the Goods to the Seller’s registered address, the Seller is entitled to withdraw from the Sales Agreement by making a statement to the Buyer at the email address provided when placing the Order.
- In the situation indicated above, the Seller will refund the payment received for the Placed Order within 14 Business Days from the date the Goods are returned to the Seller’s registered address, reducing the refunded amount by the costs of the attempted delivery of the ordered Goods.
§ 6. WITHDRAWAL FROM THE CONTRACT – ELECTRONIC RETURN FORM
- A Buyer who is a Consumer and who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sales Agreement, the agreement is considered null and void.
- The right to withdraw from the Sales Agreement under the terms set out in Chapters 6 and 7 of these Terms and Conditions also applies to a natural person conducting a sole proprietorship who is making a purchase of a non-business nature.
- The Seller will verify the entitlement of such a person to submit a withdrawal statement by checking whether the concluded Sales Agreement does not have a professional nature – in particular, this is done by analysing the PKD codes indicated in the Central Registration and Information on Business for the entry made for that person. If it is found that the purchase made by the sole proprietor in the Online Store was – contrary to assurances – of a professional nature, the Seller will promptly, no later than 3 Business Days from receipt of the withdrawal statement, inform the submitting party that, due to the professional nature of the purchase, they are not entitled to withdraw from the Sales Agreement, and therefore the submitted withdrawal statement has no legal effect. If the Goods were physically returned along with the withdrawal statement, they will be sent back at the cost of the submitting party to the address previously provided when placing the Order, within 14 Business Days of receiving payment to cover the costs of re-delivery to the Buyer’s address. The Seller’s response will be given in the same way as the person used to submit the ineffective withdrawal statement.
- In the case of withdrawal from the Sales Agreement, the Consumer shall bear only the direct cost of returning the Goods, i.e., the shipping cost of sending the Goods back to the Seller’s address.
- The Consumer’s statement must clearly express their will to withdraw from the Sales Agreement. In particular, the Consumer may withdraw from the Sales Agreement using the withdrawal form included in Annex No. 2 to these Terms and Conditions, sending it to the Seller’s registered address or as a signed scan via email to info@lelei.earth.
- The Seller will promptly confirm on a Durable Medium the receipt of the withdrawal statement submitted in the manner indicated above.
- To meet the 14-day deadline, it is sufficient to send the withdrawal statement before its expiry.
- The withdrawal period begins:
a. For a contract in performance of which the Seller delivers goods and is obliged to transfer ownership – from the moment the Goods are taken into possession by the Consumer, their household member, or another person present at the location indicated by the Consumer as the delivery address, or another third party indicated by the Consumer who is not the carrier;
• In the case of a contract covering multiple items delivered separately, in parts or in pieces – from taking possession of the last item, batch, or part;
• For a contract involving the regular delivery of items over a fixed period – from taking possession of the first item;
b. For all other contracts – from the day of conclusion. - The withdrawal form (Annex No. 2 to these Terms and Conditions) and the information on the right of withdrawal (Annex No. 1 to these Terms and Conditions) are provided to the Buyer electronically along with the email referred to in § 3 point 18(c) of these Terms and Conditions.
- The right to withdraw from a Distance Sales Agreement does not apply to the contracts indicated in Article 38 of the Act of 30 May 2014 on Consumer Rights, in particular the following contracts:
a. For the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller has fulfilled the service they will lose the right to withdraw from the Sales Agreement, and has acknowledged this;
b. Where the subject of the service is non-prefabricated goods produced according to the Consumer’s specifications or intended to meet their individual needs;
c. Where the subject of the service is goods delivered in sealed packaging, which cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery;
d. Where the subject of the service is goods which, after delivery, due to their nature, become inseparably mixed with other goods;
e. Where the Consumer explicitly requested the Seller to come to them to carry out urgent repair or maintenance; if the Seller provides additional services beyond those requested by the Consumer or delivers goods other than replacement parts necessary to carry out the repair or maintenance, the right to withdraw applies to the additional services or goods;
f. Where the subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
g. For the supply of newspapers, periodicals, or magazines, except for subscription contracts;
h. Concluded at a public auction;
i. For the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment events, sports, or cultural events, if the contract specifies the day or period of service provision;
j. For the supply of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun the performance with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller has fulfilled the performance they will lose the right to withdraw from the Sales Agreement, and has acknowledged this, and the Seller has provided the Consumer with confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act of 30 May 2014;
k. For the provision of services for which the Consumer is obliged to pay the price, where the Consumer has expressly requested the Seller to come to them to carry out a repair, and the service has already been fully performed with the express and prior consent of the Consumer.
§ 7. EFFECTS OF WITHDRAWAL FROM THE SALES CONTRACT
- Within 14 days from the date of receiving the returned Product together with the statement of withdrawal from the Sales Contract, the Seller shall refund the Consumer all payments made by them towards the Order, including delivery costs corresponding to the cheapest delivery option offered by the Seller. The refund will be made using the same payment method used by the Consumer when paying for the Order and to the bank account from which the payment was made, unless, when submitting the withdrawal statement, the Consumer indicates a different payment method and bank account for the refund.
- The Seller may propose to the Consumer that they will collect the Product themselves. If no such proposal is made, the Consumer is obliged to return the Product to the Seller (or a person authorized by the Seller to collect it) without undue delay, at the Consumer’s expense, but no later than 14 days from the day on which they submitted the withdrawal statement. The deadline is met if the Product is sent before it expires. The Consumer must return the Product to the Seller’s registered address.
- The Consumer is responsible for any reduction in the value of the Product resulting from using it in a manner beyond what is necessary to establish its nature and characteristics and to decide whether to keep or return it. The Seller reserves the right to reduce the refund amount if the Product is damaged or shows signs of use beyond what is necessary to establish its characteristics, especially if it is missing seals, protective elements, stickers, foils, or other components whose removal was not necessary to decide on keeping or returning the Product. The degree of value reduction and the corresponding deduction from the refund will be determined by the Seller. For health and hygiene reasons, if the Product’s packaging is opened after delivery, the Consumer loses the right to withdraw from a distance Sales Contract.
- The Seller has the right to refuse to accept the withdrawal statement if the Consumer withdrew from one of the contracts specified in § 6(11) of these Terms or if the returned Product is incomplete or damaged, or if the withdrawal statement or the return of the Product was made after the deadline specified in these Terms.
§ 8. COMPLAINTS
Complaint procedure regarding the provision of Services within the Online Store
- Regardless of other cases and grounds indicated in these Terms and applicable law, every Customer and user of the Online Store has the right to file a complaint regarding matters related to the operation of the Online Store and the provision of Services by the Seller via the Online Store.
- Complaints must be submitted in writing and sent electronically to: info@lelei.earth or by registered mail to: Kalinowo 14a, 18-421 Piątnica.
- The complaint should include at least data enabling identification of the Customer (name and surname, correspondence address, email address) and a description of the objection regarding the provision of Services electronically. The Seller is obliged to review and respond to the complaint within 14 calendar days from the date of its submission.
- The Seller reserves the right to proportionally extend the period referred to above if reviewing the complaint requires obtaining additional explanations from the Customer or if technical obstacles occur that prevent its resolution within the given time frame.
- The response to the complaint will be sent electronically or by post to the address provided by the Customer in the complaint.
- The Seller will process the Customer’s personal data for the purpose of handling the complaint in accordance with the Privacy Policy.
- If the complaint is not accepted, the Customer may use out-of-court complaint handling and redress methods. The Customer may, in particular, seek assistance from consumer organizations and municipal or county consumer ombudsmen. Detailed information about the possibilities available to the Customer who is a Consumer regarding out-of-court complaint handling and redress, as well as access rules to these procedures, can be found at: www.uokik.gov.pl. The Customer who is a Consumer also has the option of using the EU’s ODR online platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
§ 9. INTELLECTUAL PROPERTY
- The Online Store and all its content are protected by copyright. The Customer has only the rights expressly granted under these Terms.
- The Customer is not entitled to record, reproduce, share, publish, copy, transmit, store, or distribute any content contained in the Online Store unless such rights arise from the law or these Terms.
- The Customer is not entitled to interfere with the content of the Online Store, in particular, to alter its text, structure, form, graphics, operation mechanisms, or other elements.
- If the Customer posts any opinion about the Online Store or Product via any medium or platform, including social media, Google Maps, or similar platforms, such opinion constitutes a work within the meaning of the Act on Copyright and Related Rights of 4 February 1994. By voluntarily posting such content, the Customer grants the Seller a non-exclusive, free, unlimited-in-time-and-territory license to use such works, with the right to grant sublicenses, including public sharing of the work so that anyone can access it at a time and place of their choice (Internet), particularly publishing it in the Online Store. The license applies to all known fields of exploitation at the time of its granting, in particular:
a. Recording and reproducing the work by any technique, including printing, reprography, magnetic recording, digital techniques, on any audiovisual or visual media, including audiovisual discs, CDs, computer disks, in multimedia networks including internet-based and related online services, and storing, using online, in advertising, or electronic storage;
b. Using the whole or part of the work or any of its elements, with modifications resulting from the nature of the given online medium, in all publications, in particular online and digital, in bulletins and information, alone or combined with other works, for promotional and advertising purposes, including audiovisual, audio, and media advertising;
c. Placing into circulation, lending, or renting the original or copies of the work;
d. Public performance, exhibition, display, playback, broadcasting, rebroadcasting, and public sharing of the work in a way that allows anyone to access it at a chosen time and place;
e. Using the works for promotional and marketing purposes. - Removing an opinion does not affect the validity of the above license.
§ 10. FINAL PROVISIONS
- The content of the Terms established in this document is effective from the date indicated on the first page of the Terms, under its title, in the place marked ‘last updated (…)’.
- If any provision of these Terms is amended or invalidated by a decision of a competent authority or court, the remaining provisions remain valid and binding for both the Seller and the Customer.
- The law governing the resolution of any disputes related to the Terms is Polish law. Such disputes will be resolved by the locally competent common court. A Customer who is a Consumer may also use out-of-court complaint handling and redress methods, details of which can be found on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. These proceedings are voluntary, and both parties must agree to them.
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that the EU online dispute resolution platform is available at: https://ec.europa.eu/consumers/odr. This platform is an online point of contact for consumers and traders seeking out-of-court resolution of contractual disputes arising from online sales or service contracts.
- Upon the Customer’s request, the Seller will provide information about specific risks related to the use of electronic services.
- Detailed rules for processing the Customer’s personal data are set out in the Privacy Policy.