Terms of online store www.lou.uk

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
COST, METHODS AND DELIVERY TIME OF THE PRODUCT
COMPLAINT PROCEDURE
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
RIGHT TO WITHDRAW FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT INCOMPATIBLE WITH THE TERMS AND CONDITIONS
FINAL PROVISIONS
WITHDRAWAL FORM TEMPLATE

These Terms and Conditions of the Online Store have been prepared by lawyers from Prokonsumencki.pl. The Online Store www.lou.uk cares about consumer rights. The consumer cannot waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory legal provisions, and any possible doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned laws, those laws take precedence and shall apply.

GENERAL PROVISIONS
1. The Online Store available at www.lou.uk is operated by LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Leszno (registered office and correspondence address: ul. Usługowa 5, 64-100 Leszno, Poland); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001039749; the registry court where the company's documentation is kept: Sąd Rejonowy Poznań-Nowe Miasto i Wilda w Poznaniu IX Wydział Gospodarczy Krajowego Rejestru Sądowego; share capital: PLN 100,000.00; VAT ID (NIP): 6972311618; REGON: 302689485, email address: kontakt@lou.pl and contact telephone number: +48 22-873-88-88.
2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
3. The Administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the bases, purposes and period of processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
4. Definitions:
  1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
  2. BLOG – Electronic Service, an internet blog available in the Online Store for its Service Recipients enabling them to browse the Service Provider's entries, in particular regarding its activities and offered Products.
  3. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
  4. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
  5. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  6. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
  7. CIVIL CODE – the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16, item 93 as amended).
  8. ACCOUNT – Electronic Service, a set of resources in the Service Provider's ICT system identified by an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
  9. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
  10. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with Union law or the law of any Member State that is in compliance with Union law, regardless of the specific subject matter or nature of that law.
  11. PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
  12. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
  13. ONLINE STORE – the Service Provider's online store available at: www.lou.uk.
  14. SELLER; SERVICE PROVIDER – LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Leszno (registered office and correspondence address: ul. Usługowa 5, 64-100 Leszno, Poland); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001039749; the registry court where the company's documentation is kept: Sąd Rejonowy Poznań-Nowe Miasto i Wilda w Poznaniu IX Wydział Gospodarczy Krajowego Rejestru Sądowego; share capital: PLN 100,000.00; VAT ID (NIP): 6972311618; REGON: 302689485, email address: kontakt@lou.pl and contact telephone number: +48 22-873-88-88.
  15. SALES AGREEMENT – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the Online Store.
  16. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
  17. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who uses or intends to use an Electronic Service.
  18. CONSUMER RIGHTS ACT – Consumer Rights Act 2015 (c. 15) as amended.
  19. ORDER – a declaration of will by the Customer made using the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
ELECTRONIC SERVICES IN THE ONLINE STORE
1. The following Electronic Services are available in the Online Store: Blog, Account, Order Form and Newsletter.
  1. Blog – Browsing the Blog is possible after going to the "Blog" tab visible in the Online Store. The Blog is available free of charge to all visitors to the Online Store without the need to provide any data or perform other activities. Within the blog, the Service Provider publishes articles relating to the subject matter of the Online Store and Products. The Service Recipient has the option to cease using the Blog at any time and without giving a reason by closing the web browser.
  2. Account – using the Account is possible after the Service Recipient has performed two consecutive steps – (1) completing the Registration Form and (2) clicking the "REGISTER ACCOUNT" field, whereby in the Registration Form it is necessary for the Service Recipient to provide the following data: first name, last name, address (street and house/apartment number, postcode, city, country), email address, contact telephone number, login and password, and in the case of Service Recipients who are not consumers, it is also possible to provide the company name and VAT ID; logging into your Account is possible by providing your login and password or using the "Forgotten password?" function which allows you to regain access to your Account via a password reset procedure or by logging in using external authentication services (so-called social login), in particular via a Google, Facebook, LinkedIn or Apple account. An Account can also be created during the ordering process by clicking the "REGISTER AND ORDER" field before proceeding to the Order Form – at the time of placing the Order, an Account is created for the Service Recipient.
    1. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular by email to: kontakt@lou.pl or in writing to: ul. Usługowa 5, 64-100 Leszno, Poland.
  3. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order occurs after the Customer has performed two consecutive steps – (1) after completing the Order Form and (2) after completing the Order Form, clicking on the Online Store page the field "I ACCEPT, ORDER AND PAY" – until this moment, it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store's website). The Order Form requires the following data to be provided: (1) by the Customer logged into the Account: regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also possible to provide the company name and VAT ID. The Customer also has the option to change the data provided by them during the account creation; or (2) by a Customer not logged into an Account or not having an Account: first name, last name, address (street and house/apartment number, postcode, city, country), email address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also possible to provide the company name and VAT ID.
    1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when an Order is placed via it or when the Service Recipient ceases to place an Order via it.
  4. Newsletter – using the Newsletter is possible by: (1) checking the appropriate checkbox during Account creation – at the time of Account creation, the Service Recipient is subscribed to the Newsletter; (2) checking the appropriate checkbox in the Account settings – at the time of clicking the "SAVE CHANGES" field, the Service Recipient is subscribed to the Newsletter; (3) checking the appropriate checkbox during ordering via the Order Form – at the time of placing the Order, the Service Recipient is subscribed to the Newsletter.
    1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by: (1) sending a relevant request to the Service Provider, in particular by email to: kontakt@lou.pl or in writing to: ul. Usługowa 5, 64-100 Leszno, Poland; (2) checking the appropriate checkbox in the Account settings – at the time of clicking the "SAVE CHANGES" field, the Service Recipient is unsubscribed from the Newsletter.
2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) an up-to-date version web browser: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the storage of Cookies files and Javascript support in the web browser.
3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good morals, respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing illegal content, including Illegal Content.
4. The complaint procedure for Electronic Services is set out in point 6 of the Terms and Conditions.
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.3 of the Terms and Conditions.
2. The price of the Product or remuneration for the Product shown on the Online Store page are given – according to the Customer's choice – in US dollars $ [USD], euros € [EUR], pounds sterling £ [GBP] or in Polish zlotys and include taxes. The Customer is informed about the total price or remuneration including taxes, and if the nature of the Product does not allow the amount to be calculated reasonably in advance, the manner in which they will be calculated, as well as the costs of delivery (including transport, delivery or postal service charges) and other costs, and if the amount of these fees cannot be determined, about the obligation to pay them, on the Online Store's pages, including during the ordering process and at the time the Customer expresses their will to be bound by the Sales Agreement. In the case of a Sales Agreement for a Product concluded for an indefinite period or involving a subscription, the Seller provides in the same manner the total price or remuneration covering all payments for the billing period, and if the Sales Agreement provides for a fixed rate, also the total monthly payments.
3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
  1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.3 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is done by sending the Customer an appropriate email message to the email address provided during the ordering process, which contains at least the Seller's statements of receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above email message, the Sales Agreement between the Customer and the Seller is concluded.
4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the Online Store's website and (2) sending the Customer the email message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's IT system.
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
  1. Cash on delivery upon receipt of the shipment.
  2. Payment by transfer to the Seller's bank account.
    Bank: ING BANK ŚLĄSKI
    Account number: 44 1050 1520 1000 0092 2792 0726.
  3. Electronic payments and payment card payments via PayU.pl, Paypal.com/pl, paypo.pl, klarna.com and IdoPayments – current possible payment methods are specified on the Online Store's website in the information tab regarding payment methods and on the websites http://www.payu.pl, http://www.paypal.com/pl, https://paypo.pl/, https://www.klarna.com/pl/.
    1. Settlement of electronic payment and payment card transactions is carried out according to the Customer's choice via PayU.pl, Paypal.com/pl, paypo.pl, klarna.com and IdoPayments. Electronic payment and payment card handling is provided by:
      1. PayU.pl – PayU S.A. with its registered office in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto i Wilda w Poznaniu, share capital of PLN 4,000,000 fully paid up, VAT ID: 779-23-08-495.
      2. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.
      3. PayPo.pl – PayPo Sp. z o.o. with its registered office in Warsaw, ul. Domaniewska 39 (02-672 Warsaw), entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000575158, with share capital of PLN 1,075,650, VAT ID: 521-37-05-997, REGON: 362485126. The company is entered into the Register of Loan Institutions under number RIP000135 and the Register of Small Payment Institutions under number MIP43/2019 kept by the Polish Financial Supervision Authority.
      4. Klarna.com – Klarna Bank AB (publ), a company registered in the Swedish Companies Registration Office under number 556737-0431, with its registered office at Sveavägen 46, 111 34 Stockholm. In order to offer you the Klarna payment method, we may in the purchase process pass your personal data in the form of contact details and order details to Klarna for the purpose of Klarna assessing whether you qualify for the Klarna payment method and for tailoring these methods to you. Your transmitted personal data is processed in accordance with Klarna's privacy policy.
      5. IdoPayments – IDOPAYMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS 0000859711, VAT ID 8522666251, REGON 387039893, Registered office Al. Piastów 30, 71-064 Szczecin, Poland, Legal form Limited liability company, Registration date 16 September 2020.
2. Payment deadline:
  1. If the Customer chooses payment by transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
  2. If the Customer chooses cash on delivery upon receipt of the shipment or cash payment upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.
COST, METHODS AND DELIVERY TIME OF THE PRODUCT
1. Delivery of the Product to the Customer is paid, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's pages in the information tab regarding delivery costs and during the ordering process, including at the time the Customer expresses their will to be bound by the Sales Agreement.
2. The Seller provides the Customer with the following methods of delivery of the Product:
  1. Courier shipment, cash on delivery courier shipment.
  2. Parcel locker shipment.
3. The delivery time of the Product to the Customer is up to 10 Business Days, unless a different time is given in the description of a given Product or during the ordering process. In the case of Products with different delivery times, the delivery time is the longest given time. The commencement of the delivery period of the Product to the Customer is calculated as follows:
  1. If the Customer chooses payment by transfer, electronic payment or payment card – from the date of crediting the Seller's bank account or settlement account.
  2. If the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement.
4. In the case of several orders placed from one account, the Seller reserves the right to combine the orders into one shipment.
COMPLAINT PROCEDURE
1. This point 6 of the Terms and Conditions sets out the complaint procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the Seller's or Online Store's operation.
2. A complaint may be submitted by the Customer, for example:
  1. in writing to: ul. Usługowa 5, 64-100 Leszno, Poland;
  2. in electronic form via a form made available in the Electronic Service Account;
  3. in electronic form via email to: kontakt@lou.pl;
3. Return or delivery of the Product under a complaint may be made to: ul. Usługowa 5, 64-100 Leszno, Poland.
4. It is recommended that the Customer include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the contract; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and speed up the handling of the complaint. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints lodged without the recommended complaint description.
5. If the contact details provided by the complainant change during the complaint handling process, they are obliged to notify the Seller thereof.
6. The complainant may attach to the complaint evidence (e.g., photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this would facilitate and speed up the handling of the complaint by the Seller.
7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
8. The basis and scope of the Seller's statutory liability are determined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Below are additional information regarding the Seller's statutory liability for conformity of the Product with the Sales Agreement:
  1. In the case of a complaint about a Product – a movable item (including a movable item with digital elements), excluding however a movable item that serves only as a carrier of digital content – this liability is governed by the provisions of the Consumer Rights Act, in particular Sections 9 – 24 of the Consumer Rights Act 2015. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.
  2. In addition to statutory liability, a guarantee may be granted for the Product – this is a contractual (additional) liability and can be used if a given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including data of the entity responsible for fulfilling the guarantee and the entity entitled to use it, are available in the guarantee description, e.g., in the guarantee card or elsewhere concerning the granting of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies from and at the Seller's expense and that the guarantee does not affect these legal remedies.
  3. The provisions of point 6.8.1 of the Terms and Conditions concerning the consumer also apply to a Customer who is a natural person entering into a contract directly related to their business activity, if it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
1. Methods of dispute resolution without court involvement include, among others: (1) enabling the parties' positions to be brought closer, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., within the framework of arbitration. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/ (in Polish).
2. A contact point also operates at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information concerning out-of-court consumer dispute resolution. The consumer can contact the contact point: (1) by phone – calling +48 22 55 60 332 or +48 22 55 60 333; (2) by email – sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office's headquarters at pl. Powstańców Warszawy 1 in Warsaw (00-030).
3. The consumer has the following example possibilities of using out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Trade Inspection Authority; or (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and on the consumer helpline 801 440 220 (the helpline is open on Business Days from 8:00 am to 6:00 pm, call costs according to the operator's tariff).
RIGHT TO WITHDRAW FROM THE CONTRACT
1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
  1. in writing to: ul. Usługowa 5, 64-100 Leszno, Poland;
  2. in electronic form via a form available at: https://lou.uk/returns-open.php (in Polish);
  3. in electronic form via a form made available in the Electronic Service Account;
  4. in electronic form via email to: kontakt@lou.pl.
2. Return of the Product – movable item (including a movable item with digital elements) under withdrawal from the contract may be made to: ul. Usługowa 5, 64-100 Leszno, Poland.
3. A sample withdrawal form is included in point 13 of the Terms and Conditions. The consumer may use the form template, but this is not obligatory.
4. The withdrawal period begins:
  1. for a contract in performance of which the Seller issues a Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by them other than the carrier, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part; or (2) consists of regular delivery of Products for a fixed period – from taking possession of the first of the Products;
  2. for other contracts – from the date of conclusion of the contract.
5. In the event of withdrawal from a distance contract, the contract is considered not concluded.
6. Products – movable items, including movable items with digital elements:
  1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivering the Product – movable item, including movable item with digital elements (excluding additional costs resulting from the Customer's chosen method of delivery other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer themselves, the Seller may withhold the refund of payments received from the consumer until receipt of the Product back or until the consumer provides proof of its return, whichever occurs first.
  2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.
  3. The consumer is liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:
  1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
  2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
  3. In the case of a Product that is a service, the performance of which – at the consumer's express request – began before the withdrawal period expired, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed up to the time of withdrawal from the contract. The amount payable is calculated proportionally to the scope of the performance provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8. The right to withdraw from a distance contract is not available to the consumer in respect of contracts:
  1. (1) for the supply of services for which the consumer is obliged to pay the price, if the Seller has performed the service fully with the consumer's express prior consent, and the consumer was informed before the commencement of performance that after performance by the Seller they would lose the right to withdraw from the contract, and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires; (3) where the subject of performance is a Product – a movable item (including a movable item with digital elements) – that is not prefabricated, manufactured to the consumer's specifications or personalised; (4) where the subject of performance is a Product – a movable item (including a movable item with digital elements) – that is liable to deteriorate or expire rapidly; (5) where the subject of performance is a Product – a movable item (including a movable item with digital elements) – that is supplied in a sealed package and which, for health protection or hygiene reasons, is not suitable for return once the package is opened after delivery; (6) where the subject of performance are Products – movable items (including movable items with digital elements) – that, after delivery, by their nature are inseparably mixed with other movable items, including movable items with digital elements; (7) for the supply of alcoholic beverages whose price was agreed at the time of conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and whose value depends on fluctuations on the market over which the Seller has no control; (8) where the consumer has specifically requested the Seller to visit them for the purpose of carrying out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in respect of the additional services or Products; (9) for the supply of sound or video recordings or computer programmes supplied in a sealed package, if the package has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by way of public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies a specific date or period for performance of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has commenced performance with the consumer's express prior consent, and the consumer was informed before the commencement of performance that after performance by the Seller they would lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with confirmation as referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the supply of services for which the consumer is obliged to pay the price, in respect of which the consumer has expressly requested the Seller to visit them for the purpose of carrying out repairs, and the service has been fully performed with the consumer's express prior consent.
9. The provisions of this point 8 of the Terms and Conditions concerning the consumer also apply to a Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, if it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity.
PROVISIONS CONCERNING ENTREPRENEURS
1. This point 9 of the Terms and Conditions and all provisions contained therein are addressed to and therefore bind only a Customer or Service Recipient who is not a consumer, nor a natural person entering into a contract directly related to their business activity, if it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available under the provisions on the Central Register and Information on Business Activity.
2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may be made without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
3. The Seller's liability under warranty for the Product or for non-conformity of the Product with the Sales Agreement is excluded.
4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without giving any reason by sending a relevant statement to the Service Recipient.
7. The liability of the Service Provider/Seller to the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than the amount of one thousand Polish zlotys. The quantitative limitation referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical, foreseeable damages at the time of conclusion of the contract and is not liable for loss of profits. The Seller is also not liable for delay in the transport of the shipment.
8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.
PRODUCT REVIEWS
1. The Seller enables its Customers to post and access reviews of Products and of the Online Store on the terms set out in this point of the Terms and Conditions.
2. Posting a review by the Customer is possible after using a form enabling the addition of a review of a Product or the Online Store. This form may be made available directly on the Online Store's website (including via an external widget) or may be made available via an individual link received by the Customer after purchase at their email address. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the review form.
3. A Product review may only be posted for Products actually purchased in the Seller's Online Store and by a Customer who purchased the reviewed Product. It is forbidden to conclude fictitious or apparent Sales Agreements for the purpose of posting a Product review. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
4. Adding reviews by Customers may not be used for illegal activities, in particular for activities constituting unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good morals.
5. Reviews may be made available directly on the Online Store's website (e.g., for a given Product) or on an external review collection service with which the Seller cooperates and to which the Seller refers on the Online Store's website (including via an external widget placed on the Online Store's website).
6. The Seller ensures that published Product reviews come from its Customers who purchased the given Product. For this purpose, the Seller takes the following actions to verify that reviews come from its Customers:
  1. Publishing a review made using a form available directly on the Online Store's website requires prior verification by the Seller. Verification consists of checking the compliance of the review with the Terms and Conditions, in particular checking whether the reviewer is a Customer of the Online Store – in this case, the Seller checks whether this person has made a purchase in the Online Store, and in the case of a Product review, additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay.
  2. The Seller sends its Customers (including via an external review collection service with which it cooperates) an individual link to the email address provided by them at the time of purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the review form.
  3. In the event of the Seller's doubts or objections raised against the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Store or that they purchased the reviewed Product.
7. Any comments, appeals against verification of reviews, or doubts whether a given review comes from a Customer or whether a given Customer purchased a given Product may be raised in a similar manner to the complaint procedure indicated in point 6 of the Terms and Conditions.
8. The Seller does not post or commission any other person to post false customer reviews or recommendations and does not distort customer reviews or recommendations to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not post sponsored reviews.
ILLEGAL CONTENT AND OTHER CONTENT INCOMPATIBLE WITH THE TERMS AND CONDITIONS
1. This point of the Terms and Conditions contains provisions arising from the Digital Services Act in respect of the Online Store and the Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g., data to place an Order). The Service Recipient may have the option to add a review or comment in the Online Store using tools made available for this purpose by the Service Provider. In any case of providing content by the Service Recipient, they are obliged to comply with the rules set out in the Terms and Conditions.
2. CONTACT POINT – The Service Provider designates the email address kontakt@lou.pl as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of Member States, the European Commission and the Digital Services Board and at the same time enables recipients of the service (including Service Recipients) direct, quick and user-friendly electronic communication with the Service Provider for the purposes of applying the Digital Services Act. The Service Provider indicates the English language for the purposes of communication with its contact point.
3. Procedure for notifying Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
  1. Any person or entity may notify the Service Provider of the presence of specific information that they consider to be Illegal Content at the email address kontakt@lou.pl.
  2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates submissions to the above email address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where necessary, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity submitting the notification, except in the case of a notification concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity submitting the notification that the information and allegations contained therein are accurate and complete.
  3. The notification referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the information concerned if it enables the Service Provider acting with due diligence to establish – without a detailed legal analysis – the illegal nature of the activity or information.
  4. If the notification contains the electronic contact details of the person or entity who submitted the notification, the Service Provider shall without undue delay send a confirmation of receipt of the notification to such person or entity. The Service Provider shall also without undue delay notify such person or entity of its decision regarding the information that is the subject of the notification, providing information on the possibilities for appealing the decision taken.
  5. The Service Provider shall process all notifications it receives under the mechanism referred to above and take decisions regarding the information that is the subject of notifications in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purpose of such processing or decision-making, it shall include information to that effect in the notification referred to in the previous point.
4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Store, with regard to information provided by Service Recipients:
5. The Service Recipient is subject to the following rules when providing any content within the Online Store:
  1. the obligation to use the Online Store, including to post content (e.g., within reviews or comments), for its intended purpose, in accordance with these Terms and Conditions and in a manner consistent with the law and good morals, respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties;
  2. the obligation to provide content that is consistent with the actual state of affairs and not misleading;
  3. the prohibition on providing illegal content, including the prohibition on providing Illegal Content;
  4. the prohibition on sending unsolicited commercial information (spam) via the Online Store;
  5. the prohibition on providing content that violates commonly accepted netiquette rules, including content that is vulgar or offensive;
  6. the obligation to hold – where necessary – all required rights and permits to provide such content on the Online Store's pages, in particular copyright or required licences, permits and consents for its use, distribution, making available or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute an image or personal data in the case of content that includes an image or personal data of third parties;
  7. the obligation to use the Online Store in a manner that does not endanger the security of the Service Provider's ICT system, the Online Store or third parties.
6. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store. Moderation takes place in good faith and with due diligence and on the Service Provider's own initiative or on receipt of a notification for the purpose of detecting, identifying and removing Illegal Content or other content incompatible with the Terms and Conditions or preventing access to it or taking necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements set out in the Terms and Conditions.
7. The moderation process may be carried out manually by a human or rely on automated or semi-automated tools to assist the Service Provider in identifying Illegal Content or other content incompatible with the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove or disable access to the content or otherwise restrict its visibility or take other action it deems necessary (e.g., contacting the Service Recipient to clarify concerns and change content). The Service Provider shall inform the Service Recipient who provided the content (if it has their contact details) of its decision, the reasons for it and the available possibilities to appeal this decision in a clear and easily understandable manner.
8. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular with regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
9. Any comments, complaints, appeals or objections regarding decisions or other actions or inactions taken by the Service Provider on the basis of a received notification or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be raised in a similar manner to the complaint procedure indicated in point 6 of the Terms and Conditions. Using this procedure is free of charge and allows complaints to be submitted electronically to the stated email address. The use of the complaint submission and handling procedure is without prejudice to the right of the person or entity to initiate court proceedings and does not affect their other rights.
10. The Service Provider shall consider any comments, complaints, appeals or objections regarding decisions or other actions or inactions taken by the Service Provider on the basis of a received notification or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other notification contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to the notification is unjustified, or that the information that is the subject of the complaint is not illegal and incompatible with the Terms and Conditions, or contains information indicating that the complainant's conduct does not justify the measure taken, the Service Provider shall without undue delay reverse or modify its decision to remove or disable access to the content or otherwise restrict its visibility or take other action it deems necessary.
11. Service Recipients, persons or entities who have notified Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content incompatible with the Terms and Conditions are addressed have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State to resolve disputes concerning these decisions, including with regard to complaints not resolved within the Service Provider's internal complaint handling system.
FINAL PROVISIONS
1. Contracts concluded through the Online Store are concluded in English.
2. Amendment of the Terms and Conditions:
  1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in law; changes in payment or delivery methods or deadlines; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the need to counter an unforeseen and imminent threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such amendments affect the implementation of the provisions of these Terms and Conditions.
  2. Notice of proposed amendments shall be sent at least 15 days before the effective date of such amendments, provided that an amendment may be made without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation which requires it to amend the Terms and Conditions in a way that does not allow it to comply with the 15-day notice period; or (2) must by way of exception amend its Terms and Conditions to counter an unforeseen and imminent threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the preceding sentence, amendments take effect immediately, unless it is possible or necessary to apply a longer period for the implementation of the amendments, of which the Service Provider shall inform each time.
  3. In the case of contracts of a continuous nature (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period of the proposed amendments. Such termination shall become effective within 15 days of receipt of the notice. In the case of conclusion of a contract of a continuous nature, the amended Terms and Conditions are binding on the Service Recipient if they have been properly notified of the amendments, in accordance with the notice period before their introduction, and have not terminated the contract during that period. In addition, at any time after receiving notice of the amendments, the Service Recipient may accept the proposed amendments and thereby waive the further running of the notice period. In the case of conclusion of a contract of a nature other than a continuous contract, amendments to the Terms and Conditions shall not in any way affect the vested rights of the Service Recipient before the effective date of the amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions will not affect already submitted or placed Orders and concluded, performed or executed Sales Agreements.
  4. If an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
3. In matters not regulated by these Terms and Conditions, generally applicable Polish law shall apply, in particular: the Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant generally applicable laws.
4. These Terms and Conditions do not exclude the provisions applicable in the country of the consumer's habitual residence who enters into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under provisions which cannot be excluded by contract.
WITHDRAWAL FORM TEMPLATE

Withdrawal form template
(this form should be completed and returned only if you wish to withdraw from the contract)
- - Addressee:
  LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
  ul. Usługowa 5, 64-100 Leszno, Poland
  lou.uk
  kontakt@lou.pl
- - I/We(*) hereby inform(*)(*) of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following items(*) contract for work consisting of the manufacture of the following item(s)(*)/for the provision of the following service(*)
- - Date of conclusion of contract(*)/receipt(*)
- - Name(s) of consumer(s)
- - Address of consumer(s)
- - Signature of consumer(s) (only if the form is sent in paper version)
- - Date
(*) Delete as appropriate.
The above Terms and Conditions apply only to the online store lou.uk