terms and condition

SHOP TERMS AND CONDITIONS

Terms and

Conditions of LANDEBAHN.pl Shop



INTRODUCTION

These terms and conditions define the basic principles related to using the online shop’s services www.landebahn.pl (Landebahn.pl) by users as well as containing information about the shop’s organisational regulations. By placing an order, the user accepts these terms. The user shall update their details, if changed, prior to placing subsequent orders.

Telephone contact number: +48 602 30 55 30 e-mail: contact@landebahn.pl



I.DEFINITIONS

Terms and conditions – this document, along with any attachments and addendums that are clearly relevant, shall define the shop’s terms and conditions of use.

Shop – the online shop operating under www.landebahn.pl selling products that are found in online offers.

User – an individual or a legal entity making purchases from the shop.

Working days – days of the week from Monday to Friday excluding bank holidays.

Durable medium – this refers to any material or instrument which enables the user or owner of the service to store information addressed directly to them, in a manner which enables the future access to information for a period of time that is adequate for information purposes and which allows the reproduction of the information stored.



II. GENERAL TERMS

1. Shop www.landebahn.pl runs an online instance selling products listed on offer. The shop lists information about the products on the www.landebahn.pl website.

2. All products offered in the shop are new and owned by Landebahn.pl

3. The confirmation of contract conclusion refers to a transfer to the user on a durable medium within a reasonable time following its conclusion, at the delivery, the latest information relating in particular to: the main features of performance, business owner’s details, price and payment method, complaints procedure, right to withdraw the contract.

4. The confirmation of contract conclusion may take place prior to contract conclusion.



III. PLACING ORDERS

1. At Landebahn.pl shop, the user makes purchases without the need to register an account.

2. When placing orders, the user undertakes to provide true details which will be used by the shop to process the order. In case of any doubts raised as to the correctness of details, for the purpose of acting in the best interest of users, the shop may request phone or online confirmation. In cases where it has been ascertained that details are incorrect, incomplete or containing significant errors, the shop retains the option to withhold processing of the order until the matter is resolved.

4. Orders may be placed anytime, every day of the year. The shop reserves the right to temporarily halt its business activity for maintenance reasons or in the necessity of updating details. The users will be informed of any issues by adequate communication.

5. The orders will be processed by persons operating the shop almost 24 hours a day.

6. Sending an order relates to placing an offer for a contract of sale by the user in relation to the goods being the subject matter of the order.

7. Following placing an order, the user will receive an electronically communication including information related to the order number, quantity of products, order value, selected type of delivery and payment as well as telephone contact details provided by the user at the time of placing the order.

The conclusion of contract of sale (offer acceptance) takes place at the moment the user receives the communication informing him of accepting the order for processing.

8. Any changes to the order may be made by the user contacting the shop’s members of staff by sending an e-mail to: contact@landebahn.pl and typing the order number in the e-mail’s subject title. Any changes to the orders and annulment of the order may be made by the user up until the purchased products are sent for delivery.

9. In the absence of goods ordered in the shop or the lack of possibility to process the user’s order for other reasons, the shop shall inform the user by phone or electronically, of the circumstances that have arisen. In such cases, the user will be able to choose whether they wish to wait, annul the order in part or entirely, or whether they wish to place a different order. In case of the order’s annulment, any dues will be immediately returned by the shop.

10. The sale price or reduced prices refer to a limited number of products and the processing of the order takes place according to the dates of confirmed orders until the products specified for sale are out of stock. The products for sale are marked.

11. When placing the order, the user chooses the products, defines the place of delivery, and marks the method of delivery as well as a method of payment.

12. The orders may be paid in accordance with the user’s preference in forms presented by the shop on the order page. At the moment, these are:

a) Quick bank transfer (via the E-transfer platform)

b) Payment upon collection – in cases of collection. This option is only available in the Warsaw area.

c) Online Paypal payment

d) Card payments: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro

The supplier of online payment services is: Blue Media S.A.

13. As a reference in the transfer, one needs to provide an order number as well as the full name of the user.

14. In cases where the payment for an order by bank transfer will not reach the shop’s account within 10 working days from the date of accepting the order for processing, the shop will deem the user to have cancelled shopping and the order will be annulled. The shop shall inform the user of the order annulment, who will then be able to place an order again.

15. In case of overpayment in the user’s account in relation to payments for products purchased, the user may use the overpayment for shopping in the shop or request for the return of the overpayment into a specified account.

16. Due to the security of the user’s pecuniary means, the request for the return of the overpayment may take place after receiving a relevant request from the user sent by e-mail from an e-mail account used when placing the order.

17. The user shall take reasonable care so the orders placed from their account are not placed recklessly or mistakenly. In case of such abuse, including accessing the account by third parties, attempts to take advantage of the account or data by third parties, the user undertakes to inform the shop immediately.


IV. PRICES AND CHANGE OF OFFER

1. The prices provided next to specific products are quoted in Polish zlotys in the Polish version of the shop and in Euros in the English version of the shop. The product prices do not include costs of delivery. Changes of price take place by way of publishing new price offers on www.landebahn.pl website and it bounds the shop from the moment of its publication, this does not affect the processing of contracts concluded as a result of previously placed orders.

2. The shop may introduce new products into offers, as well as new prices and promotional events which do not affect the processing of contracts concluded as a result of previously placed orders.


V. TERMS AND CONITIONS OF DELIVERY

1. The delivery is processed in the manner chosen by the user at the moment of placing an order, to the delivery address specified by the user. The delivery of purchased products, on terms specified in the T&Cs shall take place within the area of Poland as well as abroad in most foreign countries.

2. In cases when the place of delivery of ordered products is other than the area of the Republic of Poland, there may be a necessity to establish or clarify with the user individually by e-mail, the terms of payment, costs related to delivery as well as the method of delivery. The initial costs of delivery as well as the method of delivery are provided by the shop during placing the order, however in some cases there may be need for clarification.

3. The shop processes orders within 3 days of receiving a positive payment authorisation of the relevant amount (including the costs of delivery).

In cases of payment upon collection, the payment and the release of goods take place at the same time.

4. The aforementioned deadlines for order processing do not include the day on which the shop informs the user of accepting the order for processing.

5. The delivery shall take place through a courier company.

6. The delivery takes place within the time limit corresponding to the mode of working of the courier company – most of the time it is a matter of one to several days in Poland, and from a few to more than ten days abroad.

7. Updated information about the costs of delivery, depending on the option selected, can be found under the ‘Costs of Delivery’ heading.

8. The user shall check the time and method used for deliveries of such types. If objections are raised, the user may request from a supplier to have damage protocol produced.


VI. COMPLAINTS

1. Any complaints related to purchased products should be reported to e-mail address: contact@landebahn.pl and these should include the following details: the details of the user making the complaint – first and last names or business name, subject matter of complaint, address, e-mail address, any registration details (in case of business owners) along with the description of reported objections regarding service.

2. In order to commence the complaints procedure related to inconsistence of goods with the contract (its defects), the user shall send the products to the correspondence address of the shop sent (e-mail) by the shop to the user.

3. Any complaints will be resolved within 14 days at the latest, from the day the shop received the consignment with products about which the complaint was raised. The user may provide a statement in regards to lowering the price or renouncing the contract unless the shop immediately and without any excessive inconvenience exchanges a defective product for a product free from defects, or removes the defect. Such limitations shall not apply if the product has been exchanged or repaired by the shop or the shop has not sufficiently satisfied their duty to exchange the product for a product free from defects or to remove the defects. The user may instead be offered by the shop to have defects removed, request for an exchange of a product for a product free from defects or instead of exchanging a product request for the removal of defects unless producing a product consistent with a contract in the manner chosen by the user is impossible or would require excessive costs compared to the method suggested by the shop. When assessing excessive costs, one shall take into account the value of a product that is free from defects, the type and significance of the established defect as well as the inconvenience that would result from a different manner of satisfying the user.

4. In addition to the returned product, it must be evidenced that a product was purchased at the shop e.g. through sending an order number along with the details of the user who ordered a given product.

5. A response to a complaint (e-mail) will be sent to the e-mail address of the user who submitted the complaint and was provided in the complaint.

6. In a case of payment by card – the return should be sent to the account of the card used for the payment.

7. Delivery/return of the defective goods to the shop takes place via a method (courier company and form of delivery) specified by the shop – this information is provided by the shop to the user by phone or e-mail.

8. In cases when the complaint is not accepted, the goods are sent to the client along with the opinion regarding insufficient grounds to accept the complaint.


VII. WITHDRAWAL FROM A CONTRACT

1. Each user shall have a right to withdraw from the contract remotely within 14 calendar days without providing reasons.

The lapse of time limits as to withdrawal from a contract starts from the date of receiving the order processed

2. The user may withdraw from a contract by sending to the shop a declaration on withdrawal from a contract.

3. Such declarations shall be drawn up according to the template found in the ‘Withdrawal from a contract’ heading. Should such withdrawals from a contract be effective, the contract of sale is deemed to have not been concluded, and what the parties delivered should be immediately returned. A product should be returned in a state in which it was purchased along with all received components.

4. Should such withdrawal from a contract remotely be effective, the shop guarantees the return of all payments made by the user, within 14 days from the day of receiving a declaration from the user - excluding the costs of delivery.

5. The shop returns the payment by using the same payment method which the user used, unless the user agrees for a different type of return which does not involve them incurring any costs.

6. The user shall bear all immediate costs of returning a product. Pleas not that is your responsibility to ensure the item reach us. 

7. The shop, if it did not offer collection of goods from the user, may withhold the return of payments received by the user until the products are received or the user provides the receipt of their shipment, depending on which event occurred first.

8. In case of any dispute between the shop and user, there is a possibility of using methods of resolving complaints outside a court of law or seeking claims by way of mediation, it is possible to access such procedures through institutions dealing with mediation.

VIII. PERSONAL DATA PROTECTION

1. The administrator of personal details is Landebahn.pl shop.

2. Providing personal details and accepting these terms and conditions is tantamount to agreeing with the gathering and processing of personal data provided by the user during registration (in accordance with the Law of 29 August 1997 on Personal Data Protection, Journal of Laws No. 133, item 883), for the purpose of processing of concluded contracts of sale, in particular operational processing of orders, consignment or delivery of ordered products, processing of obligations resulting from warranty and granted guarantee, seeking dues and exercising other rights and contractual duties which result from the laws in force. Providing personal details by the user as well as consent for their processing is necessary to process the order by the shop. The data, which is necessary for correct contract implementation, refers to: first and last name, delivery address, telephone number and e-mail address.

3. The user may express consent to be sent commercial information, including promotional, information materials or newsletters by the shop through electronic methods to an e-mail address provided by the user. Such consent for receiving commercial information may be withdrawn at anytime by clicking ‘I withdraw’ in the e-mail message footnote.

4. Each user shall have the right to have access to the data, or have them modified, corrected, removed in part or entirely.

5. Personal details of the user are protected pursuant to the law on personal data protection as of 29 August 1997, the law on rendering services electronically as of 18 July 2002 and the Regulation of the Minister of Interior Affairs and Administration in terms of documentation related to personal data processing and technical and organisational terms and conditions to which devices and IT systems should correspond, and are used for personal data processing.

6. The personal data of the user may be made available to bodies authorised to have them received pursuant to legal provisions in force, including relevant criminal justice bodies. Personal data of the users may also be given – within necessary and required scope – to third parties, including companies performing actions upon the shop’s request related to the concluded contract, i.e. operators servicing electronic payments on account of concluded contracts as well as companies delivering the ordered goods.


IX. COOKIES POLICY

1. The service does not collect automatically any information, except for information contained in cookie files.

2. Cookies files refer to IT data, in particular text files that are stored on the terminal equipment of the service user, which are designed to use websites of the service. Cookies usually contain the name of the website from which they originate, the time of storage on terminal equipment and their unique number.

3. Cookies files are used for the purpose of:

a) Adapting the content of websites of the service to the user’s preferences as well as optimising the use of websites; in particular such files allow for recognition of the service user’s device and to display the website appropriately, adapted to its individual needs.

b) Forming statistics, which collect information on what way service users utilise the website, enabling the improving of their structure and content.

4. Under the terms of service, there are used two basic types of cookie files: ‘session cookies’ and ‘persistent cookies’. ‘Session cookies’ are temporary cookies which are stored on the terminal equipment of the user until they log out, leave the website or close the browsing software (internet explorer). ‘Persistent cookies’ are stored on the terminal equipment for a definitive period of time as cookie files or until they are removed by the user.

5. Under the terms of service, the following types of cookies files are used:

a) ‘Unnecessary cookies’ that enable the use of services available under the ‘service’, e.g. verifying cookies files used for services requiring verification under ‘service’

b) Cookie files that are required for security, e.g. used for detecting abuse as to verification under the service

c) ‘Functional cookie files’ that enable ‘memorising’ of the user’s chosen settings and personalisation of their interface, e.g. within the scope of selected languages and region, font size, look of the website etc.

d) ‘Advertising cookie files’ that enable provision of users with advertising content that is more relevant to their interests.

6. In many cases, software used for browsing websites (i.e. Internet Explorer) allows, by default, to store cookie files in the terminal equipment. The service users may change settings related to cookies files at any time. Such settings may be changed in such a way as to block the automatic cookie file services in Internet Explorer's settings or inform on the possibility and provision of their services.

7. The service operator informs that the limitations of using cookies files may affect some functionalities available on the service’s website.

8. The entity that places cookie files on the service user’s terminal equipment and is accessing them is Landebahn.pl shop.

9. Cookies files are placed on a terminal equipment of the service user and may also be used by advertisers and partners co-operating with the service operator.

10. We use external cookies for the purpose of reaching persons who visit our shop through presenting advertising communications adapted to the user’s preferences with the help of Google Adwords’ analytical tools. The cookies administrator is Google Inc. of the USA.



X. FINAL PROVISIONS

1. The terms and conditions take effect as of 10.06.2015.

2. The shop may make changes to these terms and conditions, whereby the change is affected by displaying new content of terms and conditions on the shop’s website with a clear date set when the new terms and conditions shall take/have taken effect. The information on planned changes to the terms and conditions shall be displayed on the shop’s website 7 days prior to publishing changes. The change to the terms and conditions shall not infringe upon the rights acquired by the users in any way nor does it apply to contracts concluded before the changes took place.

3. The provisions of the terms and conditions may be subject to negotiations prior to placing the order.

4. In matters not governed by these terms and conditions, in particular related to concluding and performing contracts of sale, current provisions of the Law on Consumer’s Rights as well as the provisions of the Civil Code should be applied.

5. It is not permitted for the user to provide the shop with content of an illegal nature.

6. Any disputes that have arisen from the terms and conditions or contracts of sale will be resolved by a common Polish court of law.

7. The minimum technical requirements for a computer used to make purchases in the shop: computer with internet access and e-mail account, required software: computer with operational system serving one of the internet explorers listed below: Internet Explorer 7.x and newer versions, Firefox 2.x and newer versions, Chrome 10.x and newer versions, Opera 8.x and newer versions, internet explorer that allows cookies and enabled Java Script support, required devices: Pentium 233MHz processor or faster, min. 64MB of memory, RAM, video card and screen resolution of min. 1024px horizontal, keyboard or any pointing device.