LEATHERSEDUCTION.COM SHOP'S TERMS & CONDITIONS
THE OBJECT OF THE SHOP
LEATHERSEDUCTION.COM shop sells goods in the field of erotic accessories under the address leatherseduction.com. Website www.LEATHERSEDUCTION.COM allows to place the online orders shown on the website www.LEATHERSEDUCTION.COM.
§ 1. DEFINITIONS
1. Regulations - These regulations set out the rules for concluding sales contracts through the online store and determine the rules of performance of these contracts, the rights and obligations of the LEATHERSEDUCTION.COM shop and a customer, also rules of a refund process.
LEATHERSEDUCTION.COM online shop is available on the https://leatherseduction.com. The owner of the Shop is DECIDED EWA SURMAN Company, address: os. Spółdzielcze 7/48,
31-943 Krakow, tel.: +48690810290 available on the working days from 8am to 4pm, email address of the producent/distributor: firstname.lastname@example.org.
2. Customer - a natural person who has full legal capacity, a legal person or an organizational unit without legal personality, the law of which provides for the legal capacity that the Seller has with the Seller to remit the contract at a distance. When the Custumer isn’t an individual, he/she is deemed to be represented by a representative authorized to represent the Customer in the light of applicable law.
3. Consumer - consumer within the meaning of Art. 22 (1) of the Civil Code.
4. Distance selling contract - a contract for the sale of goods / services / digital content delivery (if applicable) concluded between the Seller and the Customer through the LEATHERSEDUCTION.COM.
5. Products - All products offered at LEATHERSEDUCTION.COM are factory new, free from physical and legal defects. All goods have been legally marketed to the Polish market in accordance with applicable law.
6. Prices - All prices shown on the LEATHERSEDUCTION.COM website are quoted in Euro (EUR), are gross (ie include all ingredients as taxes and duties, including VAT - on the product card, they are listed). The binding price for the parties is the price at which the customer ordered the goods in the order. The stated prices of goods do not include the cost of delivery, which depends on how it is delivered. Where payment is not made in cash or bank transfer, an additional fee is charged in the amount stated before the order is placed.
7. Seller - DECIDED EWA SURMAN, os. Spółdzielcze 7/48, 31-943 Kraków, NIP no .: 678-266-06-46, REGON no .: 365738059, registered in the Central Register and Information on Business Activity.
8. Content - any information, data, elements, materials, algorithms, schemes, works, trademarks, logos, names, marks, symbols, descriptions, and photographs of the Goods, regardless of their nature, format, and manner of recording or presentation, from the Seller or his partners.
9. Goods - a movable item that the customer can purchase through LEATHERSEDUCTION.COM.
10. Account - LEATHERSEDUCTION.COM space, containing customer-related data available after registration.
§ 2. TAXATION PURCHASE DOCUMENTATION
12.1. For all ordered goods in the online store LEATHERSEDUCTION.COM are issued fiscal receipts or VAT invoices. According to the provisions of the Act of 11 March 2004r. About the VAT on goods and services (uniform text: Journal of Laws of 2011, No. 177, item 1054) and the Regulation of the Minister of Finance of 3 December 2013 on the issue of invoices (Journal of Laws of 2013, item 1485 ), The signature of the customer - as a buyer of goods - is not a mandatory element of the content of the VAT invoice. In this situation, the buyer only receives the original invoice. It should be borne in mind that if a buyer who is a natural person makes an order or purchases using data (such as a business name / business name provided by that buyer), he will be presumed to be buying Made in connection with such activity and the invoice will be issued to this buyer as an entrepreneur
12.2. Under the provisions of the Act of 11 March 2004 on Goods and Services Tax (consolidated text: Journal of Laws of 2011, No. 177 item 1054), the Buyer accepts the issue and transmission of electronic invoices to the e-mail address given in when registering a new user at https: // LEATHERSEDUCTION.COM/twoje-konto.html. The moment of receipt of the invoice by the Buyer is considered the moment of opening the electronic correspondence with the attached invoice (verified by electronic receipt of receipt).
§ 3. ACCOUNT
13.1. Customer may not provide LEATHERSEDUCTION.COM with any content, including Feedback and other unlawful content.
13.2. The Customer obtains access to the Customer's account after registration. Owning an account under another Seller service doesn’t allow you to use your Customer Account.
13.3. As part of the registration, the customer gives the name and e-mail address and selects the password. The customer can also specify the number of his or her mobile phone. Providing this number is a prerequisite for providing the services added by LEATHERSEDUCTION.COM, referred to below or for regulatory requirements of a shipping company (eg InPost). The customer assures that the information given by him in the registration form is true. Registration requires that you thoroughly review the Terms and the marking on the registration form, that the Customer has read the Terms and fully accept all its provisions. By creating an account, the Customer agrees to the processing of personal data for the purposes of the order. The customer has the right to inspect, rectify and delete this data. Seller declares that none of this data is made available to third parties. Due to valid fiscal regulations, deletion of billing data will not be possible until the company's financial documents have expired
13.4. From the moment when Customer is allowed access the account, an electronic service contract for the Account is between the Seller and the Customer for an unspecified period of time. Consumers may cancel this agreement with the terms set out in the Regulations.
13.5. Content, including descriptions of goods and prices, included in LEATHERSEDUCTION.COM, is an invitation to enter into a contract within the meaning of art. 71 Civil Code.
13.6. To place an offer to purchase goods, the customer should place an order. The order is made by filling in the appropriate form located on the LEATHERSEDUCTION.COM website and clicking on the "Purchase Confirmation of Payment" button.
13.7. You must have an account to place an order.
§ 4. ORDERS
14.1. The customer make an orders through an interactive form available at LEATHERSEDUCTION.COM. The order defines what kind of goods, at what price and in what quantities does the customer want to order to his location.
14.2. Once the order has been successfully placed by the Customer, the Shop system automatically transfers the Customer to the TPay payment page where the customer pays the order including the total shipping costs (if the Customer chooses this payment method) or to the order summary page where finds the total shipping costs after the Customer chooses the payment method: "Traditional Transfer" or "Cash on Delivery". The Seller sends to the Customer an e-mail confirming the order and payment had been accepted. The TPay payment system sends a payment information via email to the with a link to the TPay payment page where the Customer can check the status of the payment. This information is an acknowledgment of the Customer's offer.
14.3. The Seller verifies if the order can be accepted and, if necessary, sends an appropriate message (eg, refusing to accept the order with the reason and refund).
14.4. If the Seller accepts the Customer's order, Seller will immediately send a statement of acceptance of the order to the Customer. Upon receipt of such a statement by the Customer, a distance sale agreement is entered into between the parties.
14.5. If the Customer is a Consumer, the Seller shall confirm the conclusion and the terms of the Distance Sale Agreement - not later than the time of delivery of the Goods.
14.6. Placing an online order at the LEATHERSEDUCTION.COM online shop is made by the IT department (website) online shop. Orders are processed according to the order of the order.
14.7. Acknowledgment of the acceptance of the order is made within a maximum of 3 working hours (per working hour is understood to be between 8am and 4pm, Monday to Friday, excluding public holidays) from the time the order is placed by the Buyer. During this time an email information on the date of shipment will be sent to the Buyer.
§ 5. PRICES AND PAYMENT METHODS
15.1. All prices on LEATHERSEDUCTION.COM are in Euro and PLN and include all ingredients such as duties and taxes, including VAT.
15.2. The Seller informs the Customer about the total price of the goods and any additional charges, including transportation, additional services at the latest immediately before placing an order.
15.3. During placing an order the Seller informs the Customer about available payment methods - payment via the TPay system or transfer to Seller's bank account.
15.4. The Seller shall inform the Customer immediately before the Customer submits the order if the payment method involves additional cost for the Customer.
15.5. The Seller informs the Customer about the date of payment via the teleinformatic systems.
§ 6. PAYMENTS
16.1. Payments for a purchase can be made the way Customer choses at the time of ordering. Currently, the shop makes payments via TPay system and the traditional bank transfer: account number: 40 1050 1445 1000 0092 3361 1491 (Bank ING SA), reciver: "Decided Ewa Surman, os. Spółdzielcze 7/48, 31-943 Krakow, and in the title - order number. There is also the possibility of payment upon delivery (cash on delivery).
16.2. By choosing the form of payment and the delivery method (courier), realization of the order can be only to shipping addresses (Customer / Buyer) which are defined in the user profile, provided that the address is present in Poland only.
§ 7. ACCOUNTING DOCUMENTS
17.1. The seller documents the sale of the goods by issuing a VAT invoice or a receipt which is supplied to the customer along with the Goods.
17.2. If the Customer is a natural person placing an order with the Customer's business name (eg, name / company), the Seller assumes that he / she purchases the goods in connection with such activity and the VAT invoice will be issued to this customer as an entrepreneur.
17.3. According to the provisions of the Act of 11 March 2004r. About the VAT on goods and services (uniform text: Journal of Laws of 2011, No. 177 item 1054, hereinafter the "VAT Act") and the Regulation of the Minister of Finance of 3 December 2013 on the issue of invoices (Journal of Laws 2013 item 1485), the signature of the Client - as a buyer of goods - is not mandatory element of the contents of the VAT invoice. In this situation, the buyer only receives the original invoice.
17.4. In accordance with the VAT Act, the Customer accepts the issuing and sending of invoices in electronic form to the e-mail address given during registration. In a moment, the receipt of the invoice by the Customer is considered the moment of opening the electronic correspondence with the attached invoice (verified by electronic receipt of receipt).
§ 8. DELIVERY
18.1. The Seller informs the Customer about the possible methods and dates of delivery, available through the order form.
18.2. The Seller will inform the Customer about the cost of delivery, if applicable, in the same way.
18.3. The Seller shall inform the Customer of the restrictions regarding the delivery of the Goods, at the latest at the beginning of the Order.
§ 9. METHOD OF EXECUTION OF THE CONTRACT (DELIVERY OF THE GOODS)
19.1. The ordered goods are delivered in the way indicated by the Customer at the time of placing the order:
a) shipment sent via shipping company (courier)
B) the list of methods and conditions of delivery of the ordered goods are determined by the entries in the "Delivery" tab located on the LEATHERSEDUCTION.COM page menu.
§ 10. WITHDRAWAL FROM THE CONTRACT – general provisions
20.1. The right to withdraw is exclusive to the customer being the Consumer.
20.2. A customer who has entered into a distance contract via LEATHERSEDUCTION.COM may, within 30 days of his departure, without giving a reason and bear the costs, except for the costs indicated below, if he / she has been required to be properly informed during the order submission process. Applicable statutory exceptions to the right of withdrawal are given in paragraph 20.8 below.
20.3. If the Customer has made a declaration of withdrawal before the Seller accepted his offer, it will cease to be binding.
20.4. The period of time for withdrawal from the contract of sale of goods begins with the date on which the customer or a person designated by him other than the carrier entered his possession (in the case of sale of many items - possession of the latter), and in the case of other contracts from the date of their conclusion .
20.5. In order to exercise the right of withdrawal, the Customer should provide a statement to the Seller in this respect. In order to keep the deadline it is sufficient to send a statement before it expires. This statement can be sent, among others. On the form enclosing Appendix 1 to the Regulations, by e-mail or post
20.6. The Seller will promptly confirm to the Customer on a durable medium that he receives a declaration of withdrawal.
20.7. At the time of withdrawal, related additional contracts concluded by the Customer shall terminate if the benefit is satisfied by the trader or a third party on the basis of an agreement with the trader.
20.8. The right of withdrawal is not available to the Customer in respect of the agreements referred to in art. 38 of the Law on Consumer Rights, including Contracts for:
20.8.1. Provision of services if the Seller has performed the full service with the express consent of the consumer who was informed prior to the commencement of the service that, upon fulfillment of the Seller's performance, he will lose the right to withdraw from the contract;
20.8.2. When the subject of the offer is an unstructured item, manufactured according to the Customer's specifications or satisfying its individual needs;
20.8.3. If the package is opened, it can not be returned for health or hygiene purposes if the packaging has been opened after delivery;
20.8.4. Where the subject matter is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
20.8.5. If providing digital content that is not recorded on a material medium if the performance of the benefit has begun with the express consent of the Customer prior to the expiration of the withdrawal period and after informing the trader of the loss of the right of withdrawal.
§ 11. EFFECTS OF DEFERRING FROM A SALE AGREEMENT
21.1. Seller will reimburse the Customer for all payments made by him, including delivery costs corresponding to the lowest price offered by the Seller, if applicable, within 14 days of receipt of a statement of withdrawal from the sale of the item. Payment will be made using the same method of payment as Customer used, unless the Customer expressly agrees to another way of reimbursement, which does not involve him any costs.
21.2. The seller can offer the customer that he or she will collect the item from him. If the Seller has not made such a request to the Customer:
21.2.1. The customer will return the item to the Seller (or the person authorized by the Seller for receipt) immediately, but no later than 30 (thirty) days from the date of withdrawal, unless the Seller has offered to receive the item himself. It is enough to return the item before it expires.
21.2.2. Seller may withhold return of payments received from the Customer until the item is returned or delivery by the Customer a proof of return, whichever occurs first.
21.3. The customer bears the direct cost of returning the Product (including the cost of delivery to the Seller) and is responsible for reducing its value resulting from its use in a way other than necessary to establish the nature, characteristics and performance of the Goods.
§ 12. EFFECTS OF DISTINCTION FROM AGREEMENT TO PROVIDE SERVICES
22.1. If the Customer uses the right of withdrawal after the express request has been made, the Seller commences to provide the service before the deadline.
To withdraw from the contract, he is obliged to pay for services fulfilled until the withdrawal from the contract, provided that the services provided by the Seller are paid for.
§ 13. RESPONSIBILITY FOR FAILURE OF THE GOODS AND ITS COMPATIBILITY WITH THE AGREEMENT AND ADMISSION PROCEDURES
23.1. The Goods offered in LEATHERSEDUCTION.COM online shop are warranted by the manufacturer, distributor or LEATHERSEDUCTION.COM. The guarantee document is properly filled out with the warranty card, if accompanied by the goods and a document confirming the purchase: VAT invoice or fiscal receipt. If the warranty card is not included in the product, the guarantee document is a VAT invoice or fiscal receipt. In the case of warranty claims, such should be reported to the Seller immediately upon discovery of irregularities related to the Goods. After determining the terms of receipt of defective goods by the Seller and the conditions for realizing the warranty claim, the Customer is obliged to deliver the goods under agreed conditions to the Seller, secured in a way that protects the Goods from damage. The customer bears the costs of delivering the defective product to the Seller, unless agreed otherwise with the Seller.
23.2. Before picking up your mail or courier parcel, make sure the packaging is not damaged in transportation. In particular, attention should be paid to the state of the tapes on the package. In cases where the package is damaged or when the tape is broken, do not accept the package and, in the presence of the courier, open it and, if necessary, draw up the injury protocol and contact the seller as soon as possible to clarify the matter
§ 14. ADDED SERVICES
24.1. Added Services are additional promotional services (such as installation, additional or extended warranty) provided to Customer by LEATHERSEDUCTION.COM. The customer has the right to avail themselves of the added service when explicitly stated in the product description on LEATHERSEDUCTION.COM.
24.3. The ability to use the added service is a Customer's entitlement. Customer’s choice in this regard does not affect the order in any way.
24.4. The condition of using some services is to give a mobile phone number. If Customer fails to provide such a telephone number when registering or placing an order, the Seller will contact the Customer by email asking him to complete the data. These data will be passed to LEATHERSEDUCTION.COM as an administrator to provide added services. Data is voluntary. The customer has the right to access and correct their data.
24.5. The Customer may use LEATHERSEDUCTION.COM, including content solely for their own needs in order to familiarize themselves with the goods. Customer may not use content for any indirect or direct commercial purpose.
§ 15. INTELLECTUAL PROPERTY - CONTENTS AND OPINIONS
25.1. The customer declares that:
25.1.1 shall not be entitled to any rights, including copyrights or related rights, other than the right to use in the manner set out in the Regulations and beyond the rights to content, including the opinions contained therein. The Client is not entitled to any perpetuation, reproduction, distribution, publicity or dissemination of content, unless such entitlement results from the provisions of law or the Regulations.
25.1.2. Is not entitled to any interference in the content; in particular, it is not authorized to interfere with the content, structure, form, graphics, operation mechanism, or other elements of LEATHERSEDUCTION.COM; It may not make any changes, additions, modifications or other actions on content other than those expressly permitted under these Regulations.
25.1.3. The Customer acknowledges that the Content, including, for example, advice, advice and tips, will not replace the advice or advice given by the expert or other competent person, after a detailed analysis of the particular case and of all circumstances.
25.1.4. By submitting to the LEATHERSEDUCTION.COM E-Store, the Customer grants the Seller a non-exclusive license to use the Feedback Content for an unspecified period on the Internet for the purpose of conducting and promoting LEATHERSEDUCTION.COM or the Goods, including making the Feedback available to the public, So that everyone can have access to it at the place and at the time of their choice.
25.1.5. In addition, Customer agrees not to post Feedback that contains links to external web sites, promotional or promotional material, or contains third-party data.
§ 15. VIOLATIONS
26.1. LEATHERSEDUCTION.COM provides a teleinformatic space for Customer's needs, does not initiate content transmission, does not select Clients, does not remove or modify content, nor does it investigate whether the content is unlawful.
26.2. If the Seller receives a notice of unlawfulness, the Seller will take action to block access and / or remove such content in accordance with applicable laws.
§ 17. PROHIBITED ACTIVITIES AND BLOCKING ACCESS
27.1. Any activity that is not expressly permitted by the Terms is prohibited, in particular: (a) which would destabilize LEATHERSEDUCTION.COM, would impede access to or use of LEATHERSEDUCTION.COM; (B) posting spam and unsolicited commercial information; (c) using viruses, bots, worms, or other computer codes, files, or programs (especially scripting and application processes, or other code, files, or tools); (D) take other actions to the detriment of LEATHERSEDUCTION.COM, Customer, or threatening their rights or interests.
27.2. Seller has the right to block access to LEATHERSEDUCTION.COM or some of its functionality in the event of: (a) Customer's use of LEATHERSEDUCTION.COM in a manner inconsistent with applicable law, good morals, rules of social coercion, or breach of the Terms; (b) The Customer will post unlawful content.
§ 18. RESPONSIBILITY FOR FAILURE OF GOODS
28.1. The Seller is obliged to deliver the goods without defects and, for the consumers, is responsible for their defects in accordance with the rules laid down in Article. 556 and n. Civil Code (warranty for defects).
28.2. In case Customer is not Consumer:
28.2.1. Liability for physical defects of goods is excluded (Articles 558 and n of the Civil Code);
28.2.2. Seller's liability only covers actual damages;
28.2.3. Seller's liability is limited to the value of the order;
28.2.4. Seller is not responsible for actions or omissions of third parties, including mail providers, Internet services, etc.
§ 19. COMPLAINTS
29.1. All complaints regarding the operation of LEATHERSEDUCTION.COM and the agreements made through it may be submitted via the complaint form available at LEATHERSEDUCTION.COM. Complaints may also be submitted in writing to the Reseller's registered address.
29.2. Warranty claims will be processed within 14 days from the date of receipt by the Seller.
29.3. If the data or information stated in the warranty complaint needs to be supplemented, before the complaint is processed or the complaint is requested to send the goods being advertised, the Seller will contact the Customer complaining about the supplement in the indicated range. In such a case, the 14-day deadline for processing the complaint runs from the moment it is completed.
§ 20. PERSONAL DATA
30.1. Subject to the Terms and Conditions, the Seller is the data controller provided by the Customer as part of the registration or placing of the Order.
30.2. Data will be processed to fulfill the LEATHERSEDUCTION.COM service contract and remote sales contracts, fulfill other legally justified purposes of administrators or recipients of the data, and the purposes for which Customer consents (including marketing purposes).
30.3. The customer has the right to access and correct the content of the data. Data is provided on a voluntary basis. Failure to provide this data by the Customer may result in the failure to conclude the contract and thus the lack of the ability to purchase the item at LEATHERSEDUCTION.COM.
§ 21. FINAL PROVISIONS
31.3. The Customer has the right to terminate the Service Account Agreement at any time. Immediately, upon receipt by the Seller of the notice, the Customer's account at LEATHERSEDUCTION.COM will be deleted.
31.4. The Seller has the right to terminate the Service Account Agreement in the event of termination of service or transfer of the LEATHERSEDUCTION.COM e-shop service to a third party, breach of Customer's right or regulation, or in the absence of Customer's activity for a period of 12 months. The termination of the contract takes place with a seven day notice period. Seller may stipulate that re-registration of the Account will require Seller's permission.
31.5. In the event of a change or revocation of any of the provisions of these Regulations, by the decision of the competent authority or court, the remaining provisions of this Regulation shall remain in force and shall bind the Seller and the Customer.
31.6. The law applicable to the settlement of all disputes related to the Regulations is Polish law. These disputes will be resolved by the appropriate local court.
31.7. In the case of non-Consumer Customers, the jurisdiction of the jurisdiction of the place of residence of the Seller is the jurisdiction.
§ 22. DESCRIPTION OF PRODUCTS
§ 23. APPLICABLE LAW
33.1. Informations on the website are only an invitation to enter into a contract within the meaning of the Civil Code.
33.2. The provisions of the applicable law, including the provisions of the Civil Code, shall apply to matters not governed by this Regulation.