Statute

REGULATIONS (hereinafter referred to as "Regulations")


Contents

DEFINITIONS
§1. General provisions
§2. Placing an order
§3. Account creation
§4. Product Price
§5. Cancellation of order
§6. Complaint procedure and warranty
§7. Withdrawal from the contract
§8. Other rights and obligations of the parties
§9. Dispute Resolution
§10. Newsletter
§11. Changes to the regulations
§12. Final provisions

DEFINITIONS

Capitalized terms used in these Regulations should be understood in accordance with the definitions below:

Company – LEBRAND Sp. z o. o. with its registered office in Warsaw (03-996) at 7/69 Zarządu, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the KRS number 0000916024, using the Tax Identification Number (NIP) 5213935533, REGON: 389552761.

Cookies – small text information sent by the WWW service and saved on the Client’s side (usually on the computer’s hard drive) in the case of concluding contracts via the Online Store run by the Company at www.lebrand.pl and www.lebrand.eu.

Consumer – a natural person concluding an Agreement and ordering a product for purposes not directly related to business or professional activity within the meaning of Article 221 of the Civil Code.

Client – ​​a natural person with full legal capacity or an Entrepreneur.

Customer Account - the Customer's profile created via the Store's website, at the Customer's initiative, access to which is secured by prior verification of the login and password created, containing the Customer's address data and payment data.

Product Delivering Entity – a courier company commissioned by the Company or an external Supplier to deliver the shipment to the Customer;

Product – a movable item available in the Online Store, in particular clothes, footwear, jewellery, accessories offered by LEBRAND

Entrepreneur – natural persons, legal persons, organizational units without legal personality conducting business activities and other entities with a REGON number;

Online Store, LEBRAND Online Store, Store – online store operated by LEBRAND via the website at www.lebrand.pl and www.lebrand.eu.

Force Majeure – an external, unexpected, impossible to prevent event, beyond the control of the parties (e.g. weather disasters, riots);

Order – a declaration of intent of the Customer aiming directly at placing an order for the purchase of a Product, specifying in particular the type and number of Products.

§1. General Provisions

1. The Regulations define the rules for Customers to use the Online Store at www.lebrand.pl and www.lebrand.eu to order Products, in particular:

terms and conditions for placing Orders by Customers via the LEBRAND Online Store;
conditions and scope of placing an Order;

conditions and method of withdrawal from the Agreement,
complaints procedure.


2. The Regulations are available on the website www.lebrand.pl and www.lebrand.eu., in Polish and English. The Customer may read their content on the indicated website www, and may also download a file containing the Regulations in order to save and reproduce them at any time.

3. The Online Store under the name LEBRAND is operated by the Company.

4. Store contact details:
a) e-mail: contact@lebrand.pl
b) correspondence address: LEBRAND, ul. Czyżewska 7, 02-908 Warsaw.

5. The User is obliged to use the Store and its functionalities in accordance with the provisions of the law, the provisions of these Regulations and good manners. It is prohibited to use the Store in a way that may violate the personal rights of other people and to post or distribute through the Store vulgar, false content or content that may violate personal rights, the law or other legitimate interest of the Company or third parties. In the event of a change in their personal or contact data, the Customer is obliged to correct or supplement them. The Customer is obliged to exercise due diligence when using the Store.


§2. Placing an Order

You can purchase Products:

a) after previously setting up or logging in to the Customer Account or
b) after the Customer provides the following data in the Online Store: first name, last name, residential address (in the case of a natural person) or company name, contact address (in the case of a legal person or an organizational unit without legal personality), delivery address, if it is an address other than the residential address or contact address, as well as telephone number, e-mail address.

Placing an Order in the Store and concluding a contract takes place by performing the following actions, subject to paragraph 3:


a) adding Products to the basket,
b) acceptance of these Regulations,
c) acceptance of the content of information on the processing of personal data,
d) selection of the form of delivery of the Order
e) selecting the form of payment for the Order and its delivery.



In the event of choosing payment for the Order and delivery other than cash on delivery, the Agreement is concluded on condition that payment for the order is made within 3 days. In the event of failure to pay within the appropriate time, the agreement is terminated.


The online store immediately confirms the placement of the Order and the conclusion of the Agreement if the condition referred to in paragraph 3 above is met. The message containing the confirmation of the conclusion of the Agreement also includes a VAT invoice for the Order.


The Store sends Products in a manner chosen by the Customer within no more than 3 business days from the date of conclusion of the Agreement. In the event of circumstances that may result in a delay in sending the parcel containing the Order, the Store will inform the Customer of this circumstance by contacting him at the e-mail address provided by him.


In the event of purchasing several Products within one Order, the ordered Products may be sent to the Customer in more than one package. In such a situation, the Customer does not incur additional shipping costs.
The delivery date of the Order depends on the delivery method chosen by the Customer. The Store is not responsible for any delays in delivery after the Order has been sent in the manner chosen by the Customer.


Deliveries are made throughout Europe in accordance with the terms and conditions of service applicable to the entity commissioned to deliver the Order, according to the Customer's choice.


The courier will make two attempts to deliver the order to the delivery address. If the Customer or a person authorized by them is absent again at the indicated address, the Order will be sent back to the Store. In such a situation, the Order may be re-sent to the Customer at the address indicated by them and at their expense.


In case of doubts as to the correctness of the Customer's data required for delivery, the Store may contact the Customer by e-mail or telephone to verify this data.
The entities providing online payment services are PayU, Stripe and Przelewy24.

Available payment methods are:

  • payment by instant transfer,
  • payment by traditional transfer within 3 days,
  • payment by payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
  • payment on delivery,
  • Stripe,
  • Klarna (deferred payment - pay in 30 days).

In the event of any requests or instructions regarding the delivery of Products, the method of packaging, the delivery of a paper version of the VAT invoice or other information related to the Order, the Customer should include this information in the "Comments" section visible during the Order placement process when selecting the delivery method.


§3. Account creation

An Account in the Online Store is created at the initiative of the Customer by selecting the "Create" button in the "Create an account/Log in" tab on the website used by the Store.


Creating an Account requires the Customer to enter a login in the form of the Customer's email address and enter a password. In order to confirm the creation of the Account, a message containing an activation link will be sent to the Customer's provided email address. After the Customer opens the link referred to in the previous sentence, the Customer's Account will be activated.


Through the Customer Account, the Customer may enter his/her address details, delivery details, telephone number and payment card details, with which the Customer may pay for subsequent Orders.
Through the Customer Account, the Store may inform the Customer about granted discounts, promotional and marketing campaigns, the Store's offer, and the offer of third parties cooperating with the Store within the scope of the Store's business activities.


The Customer may delete the Account at any time by selecting the "Delete Account" button.

§4. Price of Products


1. Prices given in the Store are expressed in Polish zloty and include VAT. Prices of Products presented on the Store's website do not include the costs of delivering the Order. The total value of the Order includes the price of the Product and the costs of its delivery.

2. The proof of purchase is a VAT invoice issued by the Store and attached to the Order sent to the Customer. All costs of financial transactions are borne by the Customer. In the case of a purchase made in a vending machine 24/7 GIFT MACHINE powered by LENOVO, the proof of purchase is the payment confirmation.

3. The delivery costs of the Products depend on the Customer's choice of the entity performing the delivery of the Products, whose offer has been indicated in the Store. Delivery costs may vary depending on the place of delivery of the Products and the selected payment method.

4. The Store is obliged to deliver the Product without defects. Therefore, the Customer should check the quality of the received Product immediately after receiving it and if any irregularities are found, notify the Store in order to determine further steps.

5. In the case of courier deliveries, before accepting the Product, check whether it has not been damaged in transport. If the Product is damaged, do not accept the shipment. In the event of the circumstances described in this point, the Customer is obliged to notify the Store in order to determine further steps.

6. If the Customer receives the shipment and discovers a loss or damage to the Product that could not be seen from the outside upon receipt, including, among others:


a) mechanical damage to the contents of the shipment,
b) incomplete shipment,
c) inconsistency of the contents of the shipment with the subject of the Order.


The Customer is obliged to contact the Store as soon as possible in order to clarify the matter and initiate the complaint procedure.


§5. Cancellation of Order

1. If the Products covered by the Order have not yet been sent by the Store, the Customer may withdraw from the Order by canceling the Order electronically at: contact@lebrand.pl. This does not limit the right of the Customer who is a Consumer to withdraw from the contract in accordance with the Regulations.


2. The Customer will be immediately notified electronically of the successful cancellation or impossibility of canceling the order.


§6. Complaint procedure and warranty


1. A Customer who is a Consumer has the right to make a complaint regarding the Product included in the Order.

2. If the received Product is defective, the Customer may exercise the rights granted to him by the Company under the warranty for defects in the sold item. The Company is liable to the Customer for the non-conformity of the Product with the contract.

3. The Consumer makes a complaint by sending a complaint notification regarding a given Product. In order to speed up the complaint consideration, it is advisable to provide in the complaint: the Consumer's name and surname, date of notification, invoice number, name and quantity of the Product complained about, description and type of defect, Consumer's request, contact details (phone or e-mail address).

4. Complaints should be sent in writing to the following address: LEBRAND, ul. Czyżewska 7, 02-908 Warsaw with the note "Complaint" on the envelope.

5. The Consumer's rights are regulated by the provisions of the Act of 30 May 2014 on consumer rights and the relevant provisions of the Act of 23 April 1964 - the Civil Code, which are applicable to these Regulations.

6. If the Product is defective, the Consumer may:


a) submit a declaration requesting a price reduction or
b) submit a declaration of withdrawal from the sales contract,
unless the Company immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Company or the Company has not fulfilled the obligation to replace the defective Product with a defect-free one or remove the defect.

7. Instead of the option proposed by the Company, the Consumer may:


a) removal of the defect - request the replacement of the Product with a defect-free one or
b) instead of replacing the Product - demand the removal of the defect or a refund of the price paid,
unless bringing the Product into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Company.

8. The Store undertakes to notify the Consumer of the date and method of handling the complaint within 14 days of the date of its submission. All information regarding the complaint procedure will be provided by the Company to the Consumer at the address and contact details provided by the Consumer in the complaint notification.

9. The costs of returning the goods subject to complaint are borne by the Client. If the complaint is accepted, the Company will also refund the cost of returning the goods subject to complaint by the Client.


§7. Withdrawal from the contract


1. A Customer who is a Consumer has the right to withdraw from the contract:


in the scope of providing services electronically – maintaining the Account:


a) The Client may withdraw from the Agreement for the provision of services by electronic means within 14 days of its conclusion without giving any reason. In such a case, the Client shall submit to the Company a declaration of withdrawal from the Agreement in writing to the following address: LEBRAND, ul. Czyżewska 7, 02-908 Warsaw or by e-mail to the following address: contact@lebrand.pl, whereby the day of submitting the declaration of withdrawal from the Agreement shall be deemed to be the day of sending the declaration – such declaration must be sent before the expiry of the deadline for withdrawal from the Agreement.


b) The model declaration of withdrawal from the Agreement constitutes an annex to these Regulations (available for download HERE ) . Using the model declaration of withdrawal from the Agreement is not obligatory. The model declaration of withdrawal from the Agreement is also included in Annex No. 1 to the Act of 30 May 2014 on consumer rights.


in the scope of the sales contract:


a) A Customer who is a Consumer and has concluded a sales agreement may withdraw from this agreement without giving reasons by submitting a declaration of withdrawal from the agreement to the Company within fourteen (14) days from the date of receipt of the Product.


b) in order to effectively withdraw from the sales agreement, it is sufficient to send a declaration of withdrawal from the sales agreement to the Company before the expiry of the above-mentioned deadline. The Customer may, but does not have to, use the declaration template attached to the regulations (available for download HERE ). The declaration with the signature of the Customer who is a Consumer may be sent by post to the address LEBRAND, ul. Belwederska 19 lok. U34, 00-761 Warsaw. In the event of withdrawal from the sales agreement, the agreement is considered not concluded to the extent covered by the content of the declaration of withdrawal.


c) in the event of sending a declaration of withdrawal from the sales contract, the Company shall immediately confirm receipt of the declaration to the Customer.

The Product should be returned together with the declaration of withdrawal or immediately after this declaration, but no later than 14 days from the date of withdrawal from the sales contract. The Consumer should send the returned Goods to the following address: LEBRAND, ul. Czyżewska 7, 02-908 Warsaw. In case of a possible return, the set must be returned in its entirety.

To order a free return shipment within Poland, please use the DHL label attached to the shipment and follow the instructions on https://dhl24.com.pl/zwroty/ or contact us at contact@lebrand.pl. Otherwise, the buyer will bear the return costs.

The return of the Product is considered effective if the Product has intact tags and no traces of its previous use.


The Company shall promptly, but no later than within fourteen (14) days from the date on which the Customer's declaration of withdrawal from the sales agreement was delivered to it, return to the Customer all payments made, including for the delivery of the Product up to the amount of the cheapest method of delivery of the Product available in the Store. The Company may withhold the return of the payment until the Product is received back and the time necessary to verify whether the requirements referred to in paragraph 4 above have been met.


The Company refunds the payment via traditional transfer within 14 business days of receiving the returned Product.


The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Company does not accept shipments sent COD to the recipient.


8. The Company informs that in accordance with Article 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw from a distance contract does not apply to the Consumer, among others, in the case of concluding contracts:


– where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
– where the subject of the performance are things that after delivery, due to their nature, are inseparably connected with other things.

- products that cannot be returned for hygiene reasons, such as earrings

DOWNLOAD RETURN FORM


§8. Other rights and obligations of the Parties

1. The Customer declares that all information provided by him in any form while using the Online Store and during the processing of the Order and any complaint process is true and consistent with his best knowledge.

2. The Company has the right to temporarily suspend the placing of Orders in the Online Store for the duration of work on technical maintenance and modernization of the website.

3. The Company has the right to withdraw from the execution of the Order at any time, in particular in the event of a breach of the Regulations by the Customer, in particular the provision by the Customer of incorrect personal data, company data or data related to making payments. Regardless of the above, the Company is entitled to take appropriate actions in the event of finding a breach of generally applicable law by the Customer.


§9. Dispute Resolution


1. In the event of a dispute arising in connection with the performance of the Agreement, the Parties shall strive to resolve the dispute amicably.

2. The consumer may use the online dispute resolution platform for consumer disputes (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). The European ODR platform is to facilitate independent, impartial, transparent, fast and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations resulting from online sales or service contracts concluded between consumers resident in the European Union and traders based in the European Union. The consumer may submit his complaint, for example, via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr. The use of available out-of-court methods of handling complaints and pursuing claims is possible after the complaint procedure has been completed and is voluntary – both parties must consent to the procedure.

3. Any disputes arising between the Client and the Company shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.


§10. Newsletter


1. The Client may consent to receive the Newsletter provided by the Company. The Newsletter is sent only to Clients who have ordered the Newsletter by checking the appropriate box in the Account registration form or order form and have agreed to receive commercial information to the provided e-mail address (e-mail address) within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2019, item 123, consolidated text).

2. As part of the Newsletter service, information in the form of an electronic letter (e-mail) is sent via e-mail to the e-mail address provided by the Customer. The Newsletter contains, in particular, information about the product offer, current promotions and other information about the products offered by the Store. The Newsletter is sent free of charge.

3. The Customer may at any time, without giving a reason and without incurring any costs, change the indicated e-mail address to which the Newsletter is sent or unsubscribe from the Newsletter by clicking on the Newsletter link located in the footer of each Newsletter, entering his/her e-mail address in the appropriate field and then selecting the "Unsubscribe" button.


§11. Changes to the Regulations


1. The Company reserves the right to make changes to these Regulations, including in order to take into account changes in legal regulations, changes in the functions offered through the Store, introduction of new services in the Store, better protection of Customers' interests, clarification of issues raising Customers' doubts, organizational changes on the part of the Company, no longer possibility of providing services by the Company under the current conditions.

2. Changing the provisions of the Regulations may not lead to the loss of acquired rights by the Customer, if they were acquired in accordance with the law.

3. All Orders accepted by the Store for execution before the date of change of the Regulations are executed on the basis of the Regulations that were in force on the date of placing the Order by the Customer, unless the provisions of the new version of the Regulations are more favorable to Customers.

4. The Company will notify Customers of any changes to the Regulations by sending appropriate information to the email addresses provided by them when setting up the Account at least 14 days before the planned changes come into effect. The Company will also place information on the Store's Website about changes to the Regulations at least 14 days before the planned changes come into effect.

5. If the Client does not accept the new content of the Regulations, he should notify the Company within 14 days from the date of receiving information about the change in the Regulations. Failure to object within 14 days from the date of notification will be considered, in case of doubt, as acceptance of the new version of the Regulations.

6. A change in the form and nature of running the Store, in particular a change in the graphic design of the Store, adding new functionalities or photos, does not constitute an amendment to these Regulations, provided that such changes do not contradict the provisions of these Regulations.


§12. Final provisions


1. The Store is the property of the Company. All trademarks, service marks and names provided on the Website are the property of the Company or the right to use them by the Company results from separate agreements with authorized entities. The text and graphic materials and IT solutions contained on the Store's website are protected by law, in particular by the provisions of the Act of 4 February 1994 on copyright and related rights.

2. The Store, as well as its individual elements, may not be modified, copied, distributed or published for commercial purposes, unless the Company has given its prior written consent.

3. Users of the Store's website or Customers are not entitled to use the materials and works posted on this website without the prior express consent of the Company, under penalty of full liability for damages towards the Company and the authors of the individual works.

4. When using the Store's website, the user is fully liable for any conduct that violates the law and for any damage caused as a result of such conduct, including to third parties.

5. The minimum hardware requirements that enable the Customer to use the Online Store are as follows: Mozilla Firefox version 83 or later installed or Google Chrome version 87 or later with JavaScript enabled. When using the Online Store, Cookies are installed in the Customer's IT system. The condition for using the services provided electronically by the Company is to enable the installation of Cookies.

6. In matters not regulated in the Regulations, the provisions of the Civil Code and the Consumer Rights Act shall apply.

8. The Regulations enter into force on 18/02/2022.