Terms & Conditions
TERMS AND CONDITIONS OF THE LUCASKUBINSKY.COM ONLINE STORE
valid from July 28, 2021
§ 1. General provisions:
1. The LUCAS KUBINSKY online store, available at www.lucaskubinsky.com is run by the entrepreneur LUCAS KUBINSKY Łukasz Kubiński entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy under NIP 7352903779, REGON 521499200.
2. These Regulations are addressed only to Customers who are natural persons using the Online Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Online Store, deliveries as well as basic definitions, method of contacting the Online Store, requirements technical specifications, rules for withdrawing from the contract, procedures in the event of complaints, out-of-court methods of dealing with complaints and pursuing claims, privacy policy regarding personal data and rights to intellectual property.
3. These Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2020.0344).
4. Customers can access these Regulations at any time under the link www.lucaskubinsky.com/termsandconditions . By using the Online Store, the Customer agrees to receive information from the Seller as digital content.
5. Goods are available while stocks last or in the event of their unavailability on request or special order.
6. The sales contract is concluded in Polish or English.
7. The sale of goods within the Online Store takes place on the basis of an order placed by the Customer remotely via the website www.lucaskubinsky.com. Placing an order is understood as clicking by the Customer on the Store's website the button: "Add to Cart".
8. The activity of the Store consists in remote selling of new and undamaged products, available in the warehouse, tailor-made considering Customers measurements or at the Customer's request as a Guest, or ordering their execution - a special order.
9. LUCAS KUBINSKY reserves the right to amend these Regulations at any time, indicating the time of commencement of their validity. 10. The Seller makes every effort to ensure that all content and information provided to the Customer regarding services, products or practices are clear and understandable in accordance with the set of ethical and professional principles of entrepreneurs expressed in the Code of Good Practice.
11. Any questions regarding the Regulations and rules of the Online Store should be sent to the email address - Lukasz012012@gmail.com or via the form available at www.lucaskubinsky.com/contact
§ 2. Definitions:
1. Seller - a natural person conducting business activity under the name LUCAS KUBINSKY Łukasz Kubiński entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy under the NIP number 7352903779, Regon 521499200.
2. Customer - within the meaning of these Regulations, only a natural person concluding a contract with the Seller as part of the activities of the Online Store, the subject of which is not directly related to its business or professional activity.
3. Professional nature - a situation when a natural person conducting business activity concludes a contract with the Seller as part of regularly performed activities resulting from the subject of business activity, which has been indicated in CEIDG.
4. Store - an online store run by the Seller available at www.lucaskubinsky.com.
5. Distance contract - a contract concluded with the Customer as part of an organized ICT system for concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the conclusion of the contract.
6. Terms & Conditions - these Regulations of the Store.
7. Order - Customer's declaration of intent submitted via the Order Form and aimed at concluding a Product or Products Sales Agreement with the Seller.
8. Account - the Customer's account in the Store created by voluntarily providing data by the Customer, their registration and confirmation, it contains correct data provided by the Customer and information about Orders placed by him in the Store.
9. Guest - an electronic order form that allows submitting a declaration of will without registering an Account in the Seller's ICT system, the completion of which is necessary to conclude the Agreement if the Customer selects the "Without logging in" method of placing an order
10. Registration form - a form available in the Store that allows you to create an Account.
11. Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket, choosing the size or color and specifying the terms of the Sales Agreement, including the method of delivery and payment for the selected goods.
12. Cart - an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product / goods - a movable item available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a contract for the sale of goods concluded or concluded between the Customer and the Seller remotely via the Online Store.
15. Working days - all weekdays of the week from Monday to Friday, excluding Saturdays and public holidays.
16. Order processing time - time from the moment of receiving the order to the moment of sending the shipment by the method of delivery selected by the Customer.
17. Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended),
18. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
19. Telecommunications Law - Acts of July 16, 2004 - Telecommunications Law (Journal of Laws of 2018, item 1954).
20. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
21. GDPR - Regulation of the European Parliament and of the EU Council 2016/679 of April 27, 2016.
22. Value Added Tax - Act of 11 March 2004 on Value Added Tax (Journal of Laws 2004 No. 54 item 535).
§ 3. Technical requirements necessary to cooperate with the Online Store.
1. For the correct use of the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
- a terminal device with access to the Internet and a web browser such as Internet Explorer, Mozilla Firefox, Chrome, Opera, Safari, Maxthon or similar, enabling access and processing of the content displayed by the Store,
- active e-mail account (e-mail),
- enabled cookies,
- flashplayer installed,
- PayPal account
§ 4. General rules for using the LUCAS KUBINSKY Online Store
1. The online store can only be used by persons who have full legal capacity, which generally means that they are at least 18 years old. 2. Persons with limited legal capacity should use the online store only with the consent of their legal guardian. The Seller reserves the right to restrictions when trying to conclude contracts with the persons indicated in this point.
3. The Customer may purchase goods in the Online Store as a Guest. The customer making the purchase, voluntarily providing his personal data, at the same time agrees to their processing on the terms set out in the Privacy Policy available at www.lucaskubinsky.com/privacy-policy or as a reference on the home page.
4. Providing the Customer's e-mail address is necessary for the performance of the Agreement, and consequently constitutes consent to the use of the Customer's e-mail address for this purpose within the meaning of the Act on the provision of electronic services.
5. Providing the telephone number by the Customer is necessary for the performance of the Agreement, and consequently constitutes consent to the use of the telephone number for this purpose within the meaning of the telecommunications law.
§ 5. Customer Account:
1. It is currently not possible to create a customer account.
§ 6. Rules for placing an Order:
1. To place an order correctly, use the procedure on the Store's website. Orders are accepted through the Online Store at www.lucaskubinsky.com
2. Placing orders via the store is possible without registration based on the data provided by the Customer once for the needs of a given transaction via the order form.
3. All products available in the Online Store are marked in detail. For each of the goods, there is, among others, information about the properties of the goods, its price, material from which it is made, color, size or other special properties.
4. When ordering goods, the customer selects them in a manner appropriate for a given item, specifying in particular the size, color, number of pieces, and, if necessary, other specific information.
5. For products with the 'tailor-made' size, the customer undertakes to contact the seller in order to agree on the needed sizes necessary to sew the ordered item
6. The completeness, correctness and legality of all submitted statements are solely the responsibility of the Customer or the person applying for the conclusion of the contract. In the event of a change in the Customer's data, he is obliged to update them immediately, and in justified cases, in order to properly execute the order, immediately inform the Seller by appropriate telecommunications means.
§ 7. Prices.
1. The prices of the Products displayed on the Online Store website are given in Polish zlotys and do not include VAT, due to the fact that the Seller is exempt from the indicated tax in accordance with art. 113 sec. 1 Goods and Services Tax.
2. The final value of the Order is the price of selected Products together with the fee for their shipping and collection costs depending on the choice of delivery method made by the Customer,
3. The store reserves the right to change the unit prices of goods, introduce promotions and other regulations changing the prices of available products.
4. In the case of special orders at the Customer's request - the price of the product and other conditions will be determined individually.
5. It is possible to enter a PROMOCode on the website
§ 8. Methods of payment, delivery and its costs.
1. When placing an order, the customer is aware that the payment is made via PayPal, by using the STRIPE service - payment by card or in individual orders by making a transfer to the company account provided on the invoice issued without VAT
2. The Store sends the Goods using the services of the DHL Parcel Poland courier company to the delivery address indicated by the Customer.
3. The cost of shipping is specified when choosing the form and method of delivery of the Goods by the Customer when placing the Order. Orders in Poland up to 1 kg - PLN 15, over 1 kg - PLN 25. For orders over PLN 1,000, shipping is free. For orders from other countries, the cost of delivery up to 2 kg - PLN 70, over - PLN 80.
4. Delivery costs may not be higher than those declared in the interactive Order form and in accordance with the provisions contained in this paragraph of the Regulations. In the event of non-compliance of the actual delivery costs with the costs declared by the Seller, the Buyer has the right not to accept the delivered product.
5. In the case of delivery of the Order via courier services, after delivery to the indicated destination, the Customer is obliged to examine the condition of the shipment before collecting it. In the event of external damage to the package or other damage or loss of the item that occurred during transport, he should perform all activities necessary to determine the liability of the carrier.
6. If, before handing over the consignment, it turns out that it has suffered a loss or damage, the carrier is obliged to immediately establish the condition of the consignment and the circumstances of the damage in a protocol. The carrier also performs these activities at the request of the customer, if he claims that the shipment is damaged. The customer has the right to refuse to accept a damaged shipment. In the event of damage, the Customer is asked to write down a damage report (the template of the document is provided by the carrier).
§ 8.1. PayPal payment method
PayPal Holdings, Inc. – an American company offering payment services that enables entrepreneurs and consumers with an e-mail address to send and receive payments via the Internet. PayPal works like a virtual purse/wallet/piggy bank
§ 8.2. STRIPE payment method
The owner of the online store does not store his customers' card data, because everything is done through an external system, which makes this solution safe for both parties to the transaction and relieves the owner of the store from responsibility for the private data of his customers. Customers can send payments without creating an account, the only condition is that they have a debit or credit card marked with the MasterCard or Visa logo.
§ 10. How to place orders - detailed instructions.
1. The buyer is aware that it is not possible to create a customer account and that the purchase is made as a guest
2. Select the Product that is the subject of the Order while specifying its options (e.g. size, color) and number of pieces, then click the "Add to Cart" button and continue shopping or click the "View Cart" button to go to the order form,
3. By going to the Cart, you can decide to continue shopping, modify the content of the Cart, in particular the quantity of selected products, or delete them,
4. The next step is to click the "PayPal to checkout" button - you will then be redirected to the payer's page and fill out all the necessary information there or the "Proceed to CHECKOUT" button where you will be redirected to the page where you will need to fill in all the data
5. As a Guest - complete the Order Form by entering the personal data (Name, Surname) and contact details (address, e-mail, telephone number) of the recipient of the Order indicated in the interactive form and the address ( Country, postal code, city, street, number of the house/flat to which the delivery of the Goods is to take place and the method of its delivery and payment,
6. As a Guest select the delivery method and payment method, accepting each stage by clicking the "Continue" button.
7. During the last stage of placing the Order, a summary of the Order will be displayed along with the selected forms of delivery and payment.
8. In order to place an Order, you must confirm that you have read the required documents and finalize the purchase by clicking the "Place Order" button.
9. If you choose PayPal, you will be redirected to the bank gate to make a payment for the selected Goods and delivery method, after a positively completed procedure, the Order will be successfully placed.
10. After successfully placing an order, you will see a confirmation of the order with its number, it will also be sent to the e-mail address provided by the Customer along with additional information about the order.
11. In the event of any irregularities, the Customer is obliged to immediately notify the Store by e-mail.
§ 10.1 Special Orders.
1. The Customer has the option of placing a special order for the Product with the Seller.
2. If you are interested in a given model of the Good, you can individually determine its additional features, including those that are not available through the Online Store system, e.g. (color, length of sleeves, lack of pockets, etc.). Please submit your proposal to order the production and sale of the product to the e-mail address or via the contact form
3. Products made in accordance with the Customer's request as part of the Special Order service and according to its own specification are not covered by the right to withdraw from the distance contract, in accordance with art. 38 of the Act on Consumer Rights of May 30, 2014. we do not accept returns of Products or their parts manufactured on request, production of goods according to your specifications (paragraph 3).
4. In the case of an Order by the Customer for goods manufactured according to his own specification (Special Order), the Customer waives the right to withdraw from the contract.
5. By placing a Special Order, the Customer declares that he has been informed about the inability to return or exchange the Product. 6. The Customer has the right to withdraw from the submitted and paid Special Order only within 24 hours of its submission. After this period, withdrawal will be impossible.
7. The right to withdraw from the contract does not apply to a situation in which LUCAS KUBINSKY started providing tailoring services or proceeded to perform a Special Order with the consent of the customer.
§ 11. Order fulfillment rules:
1. Immediately after placing the Order, the system confirms to the Customer by e-mail that the order has reached the Store.
2. The Seller proceeds to execute the Order immediately. Placing an order is tantamount to the Customer's consent for the Seller to contact the Customer via ICT means for the purpose of proper execution of the Order.
3. In the event of exercising the right to withdraw from the contract, the Seller shall immediately return any amounts paid by the Consumer or the Entrepreneur on the rights of the Consumer.
4. Goods are available while stocks last or made to order.
5. Sending an order by the Customer is a declaration of will to conclude a Sales Agreement, in accordance with the Regulations.
6. After placing the order, the customer is informed about the order process by a separate e-mail, then he receives information about the shipment being the final confirmation of all essential elements of the order and specifying the moment of concluding the contract. 7. After agreeing on all terms of the order, the contract is considered concluded. The shipment of the Goods by the Seller will take place no later than within 7 working days if the Goods are in stock or up to 1.5 months if it is required to be re-sewn after submitting the correct Order by the Customer.
8. The store reserves that in accordance with the content of art. 71 of the Civil Code - information, announcements, price lists and advertisements placed on the Store's website are considered, in case of doubt, not as an offer, but as an invitation to conclude a contract. The seller may refuse to conclude a contract in particularly justified cases, especially in order to protect its goods.
§ 12. Right to withdraw from the contract (Returns):
1. Pursuant to the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827, as amended) introducing Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, the consumer has the right to withdraw from this contract within 14 days without giving any reason. Article 38 contains a catalog of situations in which the Consumer is not entitled to withdraw from the contract.
2. All provisions regarding the Consumer described in this paragraph also apply to the Entrepreneur with the rights of the Consumer.
3. Goods can only be returned if they have not been used, copied, destroyed or used. The product must have intact seals and tags.
4. The deadline to withdraw from the contract expires after 14 days from the day on which the Consumer took physical possession of the goods or on which a third party other than the carrier and indicated by the Customer came into physical possession of the goods. 5. To exercise the right to withdraw from the contract, the Consumer must inform LUCAS KUBINSKY Łukasz Kubiński based in Rabka-Zdrój about his decision to withdraw from this contract by an unequivocal statement.
6. To meet the withdrawal deadline, it is enough to send information regarding the exercise of the Consumer's right to withdraw from the contract before the withdrawal period expires.
7. Pursuant to Art. 38 of the Act on Consumer Rights of May 30, 2014, we do not accept returns of Products or their parts manufactured on request, production of goods according to your specifications (paragraph 3).
8. In the case of an Order by the Customer for goods manufactured according to his own specification, the Customer waives the right to withdraw from the contract.
Consequences of withdrawing from the contract:
1. In the event of withdrawal from this contract, we return all payments received, including the costs of delivery (except for additional costs resulting from from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Store) immediately, and in any case not later than 14 days from the day on which we were informed about the decision to exercise the right to withdraw from this contract.
2. The consumer bears the direct costs of returning the goods (sending them to us, packaging, etc.).
3. We will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution; in any case, the Consumer does not incur any fees in connection with this return.
4. The Seller may withhold the return of the payment until receipt and checking the content and completeness of the Goods returned by the Customer.
5. The return should be delivered to the Seller without undue delay, and in any case not later than 14 days from the date on which the Seller was informed about the withdrawal from the Agreement by the Customer. The deadline is met if the goods are sent back before the expiry of the 14-day period.
6. The consumer is responsible for the decrease in the value of the goods resulting from using them in a different way than was necessary to establish their nature, characteristics and functioning. This means that the consumer can use the goods as they would check them in a stationary store.
7. The Customer is obliged to prove the purchase of the returned goods in the Online Store. The easiest way to do this is by sending us your proof of purchase.
8. In the absence of a proof of purchase, the Customer entitled to a return must prove the purchase of goods in the LUCAS KUBINSKY Online Store in another way and attach a statement about not having proof of purchase.
9. We do not accept Returns sent to parcel lockers, parcels sent COD or otherwise.
10. In the event of resignation from the purchase, please send the returned goods by ordinary registered mail (registered) to the following address: LUCAS KUBINSKY ul. Kasprowicza 2, 34-700 Rabka-Zdroj
11. The Seller provides the Customer with its return form available at www.lucaskubinsky.com/returns, using it is not necessary but recommended by the Seller. At the same time, the Seller informs that the model withdrawal form from the concluded contract is available as Annex 2 to the Act on Consumer Rights.
§ 14. Complaints/Guarantee
1. The subject of the sale are new Products without defects.
2. The Seller grants a 12-month GUARANTEE for zippers, press studs and seams in all products from the date of issuing the bill or invoice without VAT.
3. The warranty does not cover damage caused by improper use or improper maintenance or care of the Product.
4. In the event of detecting a defect covered by the WARRANTY, contact the Seller via e-mail in accordance with the data indicated in §17.
5. The Seller provides the Customer with the recommended Warranty Form available at the address https://www.lucaskubinsky.com/complaint. The Seller suggests sending the form by e-mail, however, sending the application by the Customer to the address of the Seller's registered office is considered valid.
6. The customer has the option of reporting a defect covered by the Guarantee within two months from the discovery of the defect, but not later than within 12 months of receiving the Product.
7. The consumer bears the direct costs of shipping the advertised goods (sending them to us, packaging, etc.).
8. Correct completion of the warranty form, attaching the original proof of purchase and shipment of the claimed Product is necessary to consider the complaint.
9. Within 14 days, the Seller will inform the Customer by e-mail about the result of the complaint procedure.
10. If the complaint is considered positively, within 7 working days from the date of making the decision, the Seller will compensate the costs incurred by the Customer by: repairing the complained product, sending a new copy of the product or refund.
11. If the complaint is considered unjustified, the Seller will provide a detailed justification for the decision made and within 14 working days will send back the advertised product at the Customer's expense.
12. If the complaint is considered unjustified, the Seller may offer the Customer an out-of-warranty repair of the product at his expense.
§ 14. Out-of-court methods of dealing with complaints and pursuing claims:
1. Detailed information on the possibility of using it by the Consumer out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The Customer who is a Consumer has the option of using the following out-of-court methods of dealing with complaints and pursuing claims: The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of 2014 item 148 with later as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller; The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 o the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller; The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
3. In addition, we inform you about the existence of out-of-court complaint handling methods and dispute resolution. Due to the obligation to inform about them, we present a link to the ec.europa.eu/consumers/odr/main/?event=main.trader.register&lng=PL platform
4. The use of out-of-court complaint handling methods is voluntary and may only take place if both parties agree to it. Due to the nature of the industry, we do not use out-of-court dispute resolution.
§ 15. Confidentiality of data:
1. Customer data provided when placing an order is protected in accordance with the GDPR and processed only for purposes related to the execution of the order as well as service related to it. Providing this data is voluntary.
2. If the Customer gives the appropriate consent, personal data is also processed for marketing purposes (newsletter). Providing and sharing data for this purpose is voluntary.
3. The Customer of the Store has the right to request information about the scope of processing his personal data, the right to access the content of this data and to correct, change or delete it.
4. The administrator of your personal data is: Łukasz Kubiński entrepreneur entered into Central Information and Register of Economic Activity under the name: LUCAS KUBINSKY Łukasz Kubiński based in Rabka-Zdrój (34-700), ul. Kasprowicza 2, NIP: 7352903779, REGON. 521499200 Contact details for the Data Administrator are indicated in §17 of the Regulations.
5. Detailed information on the privacy policy and processing of personal data by is available at www.lucaskubinsky.com/privacy-policy
§ 16. Opinions in the online store:
1. The Customer of the Online Store has the option of voluntarily and free of charge to issue an opinion on purchases made in the Online Store. The subject of the opinion may also be an assessment, photo or review of the purchased product in the Online Store.
§ 17. Seller's data:
LUCAS KUBINSKY Lukasz Kubinski
st. Kasprowicza 2, 34-700 Rabka-Zdroj
E-mail: Lukasz012012@gmail.com
The Customer may communicate with the Seller using the addresses provided in this paragraph.
§ 19. Final provisions
1. The sales contract is concluded between the Seller and the Customer.
2. The contract is concluded in English or Polish, for the time and for the purpose of the sale.
3. For matters not covered by these Regulations, the applicable provisions shall apply
4. The Store reserves the right to change the Regulations, however, orders placed before the date of the changes are implemented on the basis of the provisions of the Regulations in force on the date of placing the order.
5. All information, in particular trademarks, logos, photos and texts posted in the online store www.lucaskubinsky.com are protected by copyright. Their use without the proper consent of the Seller is prohibited.