Regulations of the online store for individual customers

TERMS AND CONDITIONS OF THE ONLINE STORE FOR INDIVIDUAL CUSTOMERS

1. General provisions
These terms and conditions set out the rules for the provision of electronic services within the framework of the online store operated at: www.portal-lamp.pl with Individual Customers (hereinafter: “Customer”).
The store is operated by: LUXOLAR Zbigniew Dziemianowicz with its registered office in Gródek at the following address: ul. Rzemieślnicza 3, 16-040 Gródek, NIP: 542-291-44-75 (hereinafter: “Seller”)
The Seller can be contacted:
by email: sklep@portal-lamp.pl
by phone: 857 180 373

The Terms and Conditions are always available on the Store’s website: www.portal-lamp.pl in their current version.
The Seller informs that the use of services provided electronically may involve typical risks for every Internet user, consisting in particular in the possibility of introducing malicious software into the Customer’s ICT system and obtaining and modifying their data by unauthorized persons. To avoid the risk of threats, appropriate technical measures should be used to minimize the risk of threats, in particular antivirus software and a firewall.
The Seller never sends information about account number changes via text messages or emails—any such messages should be ignored by the Customer as an attempt at fraud and reported to law enforcement authorities.

2. Definitions
Business days – days from Monday to Friday, excluding public holidays.
Individual Customer – a natural person making a purchase not directly related to their business or professional activity (consumer) or a natural person concluding a Contract directly related to their business activity, when the content of the Contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Store – online store operated by LUXOLAR Zbigniew Dziemianowicz, based in Gródek, at the following address: www.portal-lamp.pl.
Goods – products offered for sale in the Store.
Agreement – a sales agreement concluded between the Customer and the Seller remotely by electronic means as part of the Seller’s online store operations.

3. Terms of Use of the Store
The Store enables the conclusion of distance sales contracts in accordance with the Act of May 30, 2014, on consumer rights.
The conditions for placing an order in the Store by the Customer are:
reading these Terms and Conditions and accepting their provisions before concluding the Agreement;
reading the Privacy Policy and accepting its provisions before concluding the Agreement;
providing the personal data necessary to complete the order in accordance with the order form, such as, in particular: the Customer’s first and last name, their address, telephone number, email address, or shipping address, if different from the address of residence.

4. Placing orders
Orders can be placed 24 hours a day, 7 days a week via the Store’s website: https://portal-lamp.pl.
To place an order, select the Product, add it to your cart, fill out the order form, and confirm your purchase.
All prices displayed in the Store are gross prices (including applicable VAT). The price given for each product is binding at the time the Customer places the order.
The contract is concluded upon confirmation of the order by the Seller by sending an email to the Customer’s email address provided in the form with the following message: “Your order has been accepted for processing.”

Payment and delivery
5.1. The customer may make payments by bank transfer, payment card, cash on delivery, or through a
payment operator.
5.2. Transfers should only be made to the account numbers listed below:

Direct transfer details:
LUXOLAR Zbigniew Dziemianowicz
ul. Rzemieślnicza 3
16-040 Gródek

PLN: 80 1140 2004 0000 3202 7986 4680

EUR: 81 1140 2004 0000 3612 1582 3868

USD: 65 1140 2004 0000 3612 1233 3417

CZK: 86 1140 2004 0000 3012 2017 0642

HUF: 78 1140 2004 0000 3812 2465 8293

BIC/SWIFT: BREXPLPWMBK

5.2. A sales document in the form of a VAT invoice is issued for each order.

6. Delivery
Delivery is carried out within Poland and to EU countries.
Goods are shipped on working days from Monday to Friday. Shipments are not made on Saturdays, Sundays, or other public holidays.
Orders are considered “same-day” if they are placed before 11 a.m. on a business day. Orders placed after 11 a.m. are treated as orders placed on the next business day. 6.4. A shipment sent on a given business day should reach the recipient on the next business day (except Saturdays, Sundays, and holidays). After changes are made to the order status, an email is sent to the customer’s email address.
The order fulfillment period depends on the availability and popularity of the products. The estimated waiting time for the product is 1 to 7 business days. For details about delivery times, please contact us by email or phone.
Delivery costs are shown during the ordering process.
Purchased goods are delivered to the address specified in the order form. The delivery of Goods is carried out by a Carrier, i.e. via a courier company.
Upon delivery of the Goods covered by the Agreement to the Carrier, the benefits and burdens associated with the item, as well as the risk of accidental loss or damage, shall pass to the Customer.
In order to facilitate delivery, it is recommended to provide a contact telephone number, which can then be used by the person delivering the package.

Right to withdraw from the contract
The Customer has the right to withdraw from the contract within 14 days without giving any reason.
The period referred to in section 6.1 shall be counted from the date of receipt of the Goods by the Customer.
To exercise the right of withdrawal, a written or electronic statement must be submitted, clearly indicating the intention to withdraw from the Contract. The Customer may use the model withdrawal form attached to these Terms and Conditions, but this is not mandatory.
The Consumer should return the goods to the Seller’s address immediately, but no later than 14 days from the date on which they notified the Seller of their withdrawal from the Agreement. The deadline is met if the Consumer sends the goods back before the expiry of 14 days.
The customer bears the direct costs of returning the goods (the cost of sending the goods back to the Seller).
In the event of withdrawal from the contract, the Seller shall refund the Customer all payments received, including delivery costs (except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest method offered), immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the contract.
The refund will be made using the same payment method used by the Consumer, unless the Consumer expressly agrees to a different method of refund.
The seller may withhold the refund until the returned goods are received or the customer provides proof of return, whichever occurs first.
The customer is responsible for any reduction in the value of the goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics, and functioning of the goods.
The right to withdraw from the Agreement does not apply to Goods made to the Customer’s individual order, such as, in particular:
lamps painted in a color individually selected by the Customer;
goods with modified dimensions, design, or other technical features in accordance with the Customer’s wishes;
goods marked as “special order.”

8. Complaints
8.1. The Customer has the right to file a complaint in the event of non-compliance of the Goods with the Agreement.
8.2. The Customer has the following rights in respect of complaints:
to request removal of the defect, if possible and not causing excessive costs to the Seller;
to request replacement of the item with one free of defects in cases where: repair is impossible or uneconomical, the defect has reoccurred despite previous repair, or the Seller has failed to fulfill its obligation to repair the item in a timely manner.
request a price reduction in a situation where repair or replacement is not possible or has been performed improperly;
withdraw from the Agreement in a situation where the defect is significant and the Seller has not removed the defect or replaced the goods with defect-free goods in a timely manner, or the defect has reoccurred.
8.3. Complaints can be submitted:
by email to: sklep@portal-lamp.pl
in writing to the address of LUXOLAR Zbigniew Dziemianowicz: ul. Rzemieślnicza 3, 16-040 Gródek
electronically via the complaint form available in the “Complaints” tab.
8.4. The complaint should include:
contact details (name and surname, mailing address, email address, telephone number);
details of the goods being complained about (name of the goods, date of purchase, order number if applicable);
a description of the defect found in the goods and a photo of it;
a request based on the Customer’s rights under the warranty referred to in point. 7.2. Terms and Conditions;
preferred method of notification regarding the outcome of the complaint.
8.5. The Seller shall respond to the complaint within 14 days of its receipt.

9. Personal data (GDPR)
The administrator of Customers’ personal data is Zbigniew Dziemianowicz, conducting business activity under the name: LUXOLAR Zbigniew Dziemianowicz with its registered office in Gródek (ul. Rzemieślnicza 3, 16-040 Gródek).
Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the Act of July 18, 2002 on the provision of electronic services, and based on the Seller’s Privacy Policy, available on the Store’s website.

10. Intellectual property rights
The Seller declares that it is the author of the photographs and the manufacturer of the lighting offered in the Store, produced under the registered trademark LUXOLAR, certified by the relevant EUIPO certificate.
All content posted in the Store, in particular: trademarks, logos, trade names, product descriptions, photographs, graphics, website layout, designs, and other elements protected by copyright or industrial property rights, are the property of the Seller or are used under appropriate licenses.
It is prohibited to copy, distribute, use, or process any elements contained in the Store without the prior express written consent of the Seller.
The customer does not acquire any copyrights or licenses to works or trademarks posted in the Store through the mere use of the Store or the purchase of goods.
In the event of a violation of the rights referred to above, the Seller may pursue claims under generally applicable laws.

Dispute resolution
Any disputes arising between the Seller and the Customer shall first be settled amicably, in particular through direct contact and an attempt to reach an amicable settlement.
The Customer has the right to use extrajudicial means of dealing with complaints and pursuing claims. In particular, they may:
refer the matter to a permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection,
submit a request for mediation to the Provincial Inspectorate of Trade Inspection,
use the ODR (Online Dispute Resolution) platform, available at:
https://ec.europa.eu/consumers/odr/

Detailed information on the possibility for the Customer – Consumer to use out-of-court dispute resolution methods is available on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl

In the event of failure to reach an amicable settlement of the dispute, the court competent to settle the dispute shall be the common court competent in accordance with the provisions of the Code of Civil Procedure.

12. Environmental protection
The Seller hereby informs that, as a manufacturer and distributor of lighting fixtures, it fulfills its obligations under the provisions of the Act of September 11, 2015. on waste electrical and electronic equipment (Journal of Laws of 2020, item 1893) and Directive 2012/19/EU of the European Parliament and of the Council (WEEE).
The products offered in the Store are marked with the selective waste collection symbol (crossed-out trash can), which means that waste electrical and electronic equipment should not be disposed of with other municipal waste.
Consumers have the right to return used electrical and electronic equipment, including lighting fixtures, free of charge to collection points, e.g., local selective waste collection points (PSZOK), as well as when purchasing new equipment – in a “one for one” system (e.g., when a new luminaire is delivered, the old one of the same type can be returned).

Final provisions
In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the Consumer Rights Act, and the Electronic Services Act shall apply.
The Terms and Conditions may be amended, and the amendments shall come into force upon publication on the Store’s website.