Terms of service

Terms and Conditions of the loveandhate.pl Shop

1 General Provisions

The subject matter of these Terms and Conditions is to set out the rules of sale and of the operation of the Online Shop run at loveandhate.pl
The owner of the online shop registered at loveandhate.pl is Mediaway Maciej Pluciński, NIP: 727-283-56-56, 94-134 Łódź, Konarzewskiego 2 lok. 2.
The online shop sells goods via the Internet, through the online shop at www.loveandhate.pl.
An order may only be placed after accepting the Terms and Conditions.
The Terms and Conditions form part of the contract concluded between the Seller and the Customer pursuant to Article 384 of the Civil Code (Kodeks cywilny).
The Buyer shall mean any natural person, legal person or organisational unit without legal personality that has the right to perform acts independently in accordance with the law and has its own email account.
The Consumer shall mean a natural person purchasing products in the Online Shop pursuant to Article 221 of the Civil Code.
The provisions of the Consumer Rights Act of 30 May 2014 (ustawa z dnia 30 maja 2014 r. o prawach konsumenta) do not apply to entities other than Consumers. The Seller bears no liability under the statutory warranty for physical and legal defects of the product towards persons or entities that are not Consumers
The information on the Seller's website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code and does not constitute a commercial offer within the meaning of Article 66 of the Civil Code.
On the shop's website, the Seller presents digital photographs of the products, making every effort to ensure that the photographs are of the highest quality and reflect the actual condition and colours of the products presented as accurately as possible.
The photographs on the shop's website constitute the intellectual property of the Seller within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych).
Prices in the Seller's Online Shop are given in Polish zloty (PLN) and are gross prices, i.e. they include all components, including applicable taxes.
The Seller reserves the right to change the prices of the products on the website of the Seller's Online Shop, to introduce new products, to remove unavailable products, to run and cancel promotional campaigns and to make other changes.

2 Orders

Orders are accepted via the online system available at www.loveandhate.com. When placing an order, the required fields must be completed correctly in accordance with the instructions.
It is possible to place an individual order for a product featured on the Seller's Website in a non-standard size or colour by sending an enquiry to the email address: sklep@loveandhate.pl
The Seller reserves the right not to make a product in a non-standard size if the technical and design conditions of the product do not allow it, and to change the price of a non-standard product if its manufacture involves additional costs.
A distance contract of purchase/sale between the Seller and the Buyer is concluded at the moment the purchase process on the loveandhate.pl website has been correctly completed
The Seller undertakes to deliver to the Buyer goods that are brand new, free from technical and legal defects and lawfully placed on the market. The Consumer's obligations end upon collection of the goods and payment of the full price in accordance with these Terms and Conditions, without prejudice to the obligations incumbent on the Consumer in the event of a complaint or withdrawal from the contract.
If an ordered product is unavailable, the Seller undertakes to inform the Buyer of this within no more than 14 working days of the order being placed. The Buyer is responsible for deciding how the remaining part of the order is to be fulfilled - partial fulfilment, cancellation of the entire order and a refund, extension of the waiting time for the order, or replacement of the missing product.
Proof of purchase of the goods is the email confirming the purchase of the product on loveandhate.pl, which the customer receives at the email address provided by the Consumer when placing the order.
Payment for the order may be made using the following payment methods:

-Visa,

- Visa Electron,

- MasterCard,

- MasterCard Electronic,

- Maestro.

The entity providing online payment services is PayU.

The goods are delivered in the manner specified in the order. Parcels are delivered by a courier company selected by the Seller. The parcel is dispatched no later than 14 working days after the payment has been credited to the Seller's bank account or, where the ‘cash on delivery’ payment option has been selected, after the process of preparing the goods has been completed.
The cost of international shipping is determined individually through the shop system available on loveandhate.pl

3 Complaints

The Seller is liable if the item sold has a physical or legal defect (statutory warranty).
The Seller is released from liability under the statutory warranty if the consumer knew of the defect in the product at the time the contract was concluded.
If the product sold has a defect, the Consumer may submit a specific statement on a reduction of the price or on withdrawal from the contract, unless the Seller promptly replaces the defective product or removes the defect.
If the product sold has a defect, the Consumer has the right to demand that the item be replaced with one free from defects.
The Consumer may not withdraw from the contract if the defect is immaterial. If only some of the products in the order are defective, the Consumer has the right to withdraw from the contract only in respect of the defective items.
A Consumer submitting a complaint should send to the email address: sklep@loveandhate.pl a complaint statement, proof of purchase of the product and bank transfer details, and then send the purchased goods in a parcel marked REKLAMACJA (COMPLAINT) to the address: Fundacja Out Of The Box, ul. Tomasza Konarzewskiego 2/2, Łódź 94-134
The complaint statement should include: the name of the product with a short description, the order number, the complainant's details (first name, surname, address, contact telephone number, email) together with a detailed description of the physical defects of the goods complained about.
The Seller undertakes to reimburse the consumer for the costs associated with returning the defective goods promptly after the Consumer's claims have been considered and accepted.
If it is not possible to repair the purchased goods or to replace them with new ones, the Seller will inform the Consumer of the possibility of exchanging the goods for other goods.
Upon receipt of the parcel, the Consumer is obliged to inspect it in the presence of the delivery person and, if mechanical damage caused during transport is found, to draw up a report signed by the Consumer and the delivery person.
Complaints are considered within 14 working days of the product being delivered to the address indicated by the Seller.
The Consumer will be informed by the Seller of the outcome of the complaint by email.
If the complaint is accepted and the Consumer does not take up the option of exchanging the product for a new one or for another product, the Consumer will receive a refund of the order value to their bank account within no more than 14 working days.

4 Returns and Exchanges

Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014, the Consumer has the right to withdraw from the contract within 30 days of the date on which the product was delivered, without giving any reason.
When returning goods, the Buyer is obliged to send to the seller an unequivocal statement of withdrawal from the contract containing: information on the withdrawal from the contract, the order number, the date on which the order was placed, and the Consumer's first name, surname and address, to the email address: sklep@loveandhate.pl, and to send the goods back in a parcel marked ZWROT (RETURN) to the address: Fundacja Out Of The Box, ul. Tomasza Konarzewskiego 2/2, Łódź 94-134. The goods sent back by the consumer should be undamaged, with the tags attached. Where the goods have hygiene stickers, these should be intact. The goods must be in their original packaging.
In the event of withdrawal from the contract under the rules set out in §4 point 1 of the Terms and Conditions, both the Seller and the Buyer are obliged to return everything they have received from the other party under the contract concluded.
The costs of returning the product are borne by the Consumer.
In the event of withdrawal from the contract, the Seller shall refund all payments to the Consumer no later than 14 working days from receipt of the returned goods. The refund will be made using the same means of payment as were used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution.
With the Seller's consent, the Consumer may, within 30 days of the date of receipt of the product, exchange it for another. In such a case, the Buyer should contact the Seller via the email address: sklep@loveandhate.pl
The right to withdraw from the contract does not apply to the Consumer in the case of:

The supply of a non-prefabricated product, manufactured to the consumer's specifications or serving to satisfy individualised needs
Orders for non-standard products placed at the special request of an individual customer (technical changes, non-standard size)
Destruction of or damage to the product, or where it bears clear signs of use by the Consumer despite the string seals, tags and hygiene stickers not having been torn off.

5 Personal Data Protection

The provision of personal data by the Buyer is voluntary; however, failure to provide them makes it impossible to fulfil the order placed. By making a purchase, the Buyer consents to the collection, processing and use of personal data by the Seller for the purpose and to the extent necessary for the Seller to fulfil the order.
The personal data controller is Mediaway Maciej Pluciński, Konarzewskiego 2 lok. 2, 94-134 Łódź
The data will be processed in compliance with all the security requirements set out in the Personal Data Protection Act of 29 August 1997 (ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych) (Journal of Laws (Dz.U.) of 2002, No. 101, item 926, as amended) and in the implementing regulations issued under it.
The Buyer has the right of free access to their personal data, to rectify them, and to demand that their processing cease and that they be deleted from the database, which should be notified in writing to the Seller at the email address: sklep@loveandhate.pl
The Buyer may, but is not required to, consent to receiving advertising and promotional materials by email.

6 Final Provisions

Any disputes between the Consumer and the Seller are, in the first instance, resolved amicably on the basis of Article 1831 et seq. of the Code of Civil Procedure (Kodeks postępowania cywilnego).
The law applicable to the assessment of the legal relationship established on the basis of these Terms and Conditions is Polish law.
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other statutes shall apply.