Terms and Conditions of the luxvilla.eu Website as of February 10, 2023
I. Definitions
The terms used in these Regulations mean:
1. Client – a natural person, legal person, or organizational unit that is not a legal person, to whom specific provisions grant legal capacity, and who places an Order within the Store;
2. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
3. Regulations – these Regulations for the provision of electronic services within the LuxVilla online store;
4. Online Store (Store) – the website available at www.luxvilla.eu, through which the Client can, in particular, place Orders;
5. Goods – products presented in the Online Store;
6. Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between … and the Client, using the Store’s website;
7. Act on specific terms of consumer sales – the Act of July 27, 2002, on specific terms of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended);
8. Act on the provision of electronic services – the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
9. Order – the Client’s declaration of will, directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
II. General Provisions
2.1. These Regulations define the rules for using the online store available at www.luxvilla.eu.
2.2. These Regulations constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
2.3. The online store, operating at www.luxvilla.eu, is run by …
2.4. These Regulations specify, in particular [depending on available options]:
a.) rules for registration and use of an account within the online store;
b.) conditions and rules for making electronic reservations of products available within the online store;
c.) conditions and rules for placing Orders electronically within the online store;
d.) rules for concluding Sales Agreements using services provided within the Online Store.
2.5. Use of the online store is possible provided that the ICT system used by the Client meets the following minimum technical requirements:
a.) Internet Explorer version […] or newer with [indication of necessary applications, e.g., Java applets] enabled, or
b.) Safari version […] or newer with […] enabled, c.) minimum screen resolution […] x […] pixels.
2.6. To use the online store, the Client should independently obtain access to a computer workstation or end device with Internet access.
2.7. In accordance with applicable law, … reserves the right to limit the provision of services via the Online Store to persons who are 18 years of age or older. In such a case, potential Clients will be notified accordingly.
2.8. Clients can access these Regulations at any time via a link placed on the homepage of www.luxvilla.eu and can download and print them.
2.9. Information about Goods provided on the Store’s websites, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
III. Rules for Using the Online Store
3.1. A prerequisite for starting to use the Online Store is registration within it.
3.2. Registration takes place by completing and accepting the registration form, available on one of the Store’s pages.
3.3. A condition for registration is expressing consent to the content of the Regulations and providing personal data marked as mandatory.
3.4. … may deprive the Client of the right to use the Online Store, as well as limit their access to part or all of the Online Store’s resources, with immediate effect, in the event of the Client violating the Regulations, and in particular, if the Client:
a.) provided untrue, inaccurate, or outdated data during registration in the online store, which is misleading or infringes the rights of third parties,
b.) infringed the personal rights of third parties through the online store, in particular the personal rights of other online store clients,
c.) committed other actions that are deemed by … to be inconsistent with applicable law or general principles of using the Internet, or detrimental to the good name of …
3.5. A person who has been deprived of the right to use the online store cannot re-register without prior consent from …
3.6. To ensure the security of communication and data transmission in connection with the services provided within the Website, the Online Store takes technical and organizational measures appropriate to the level of threat to the security of the services provided, in particular measures aimed at preventing unauthorized persons from obtaining and modifying personal data transmitted over the Internet.
3.7. The Client is obliged, in particular, to:
a.) not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties,
b.) use the Online Store in a manner that does not disrupt its functioning, in particular by using specific software or devices,
c.) not undertake actions such as: sending or posting unsolicited commercial information (spam) within the Online Store,
d.) use the Online Store in a manner that is not burdensome for other clients and for …,
e.) use all content posted within the Online Store only for their own personal use,
f.) use the Online Store in a manner consistent with the provisions of the law applicable in the territory of the Republic of Poland, the provisions of the Regulations, and the general principles of using the Internet.
IV. Sales Agreement Conclusion Procedure
4.1. To conclude a Sales Agreement via the Online Store, you must visit www.luxvilla.eu, select [depending on the profile of the given store, specific types of goods and – possibly – their specifications can be listed here – e.g., selection of goods and their colors or selection of garden furniture and accessories from the Store’s offer, etc.], by taking subsequent technical steps based on the messages displayed to the Client and information available on the page.
4.2. The selection of ordered Goods by the Client is made by adding them to the cart.
4.3. During the Order placement process – until the “Order” button is pressed – the Client has the option to modify the entered data and the selection of Goods. To do this, the Client should follow the messages displayed and information available on the page.
4.4. After the Client using the Online Store provides all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information regarding:
a.) the subject of the order,
b.) the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
c.) the selected payment method,
d.) the selected delivery method,
e.) delivery time,
f.) […]
4.5. To send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory, and click the “Place Order” button.
4.6. Sending an Order by the Client constitutes a declaration of will to conclude a Sales Agreement with … in accordance with the content of the Regulations.
4.7. After placing an Order, the Client receives an email titled […], containing the final confirmation of all essential elements of the Order.
4.8. The agreement is considered concluded at the moment the Client receives the email mentioned above.
4.9. The Sales Agreement is concluded in Polish, with content consistent with the Regulations.
V. Delivery
5.1. Delivery of Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Client during the Order placement.
5.2. Delivery of ordered Goods is carried out by own transport, courier service, or [other delivery methods]. Delivery costs are [exact delivery costs or a link to a page with details]. Additionally, delivery costs will be indicated during the Order placement.
5.3. The delivery time is 1 to 3 business days from the day the Client sends the Order.
5.4. Clients can access these Regulations at any time via a link placed on the homepage of www.luxvilla.eu and can download and print them.
The recording, securing, making available, and confirming to the Client of the essential provisions of the Sales Agreement for Goods takes place by sending the Client an email to the provided address and by attaching a printout of the confirmation, Order specification, and VAT invoice to the shipment containing the Goods.
VI. Prices and Payment Methods
6.1. Prices of Goods are given in Polish Zloty and include all components, including VAT (with the rate specified), customs duties, and all other components.
6.2. The Client has the option to pay the price by:
a.) bank transfer to account number […],
b.) payment through the [indicating the electronic payment system] system,
c.) payment by payment card [specifying accepted operators and information on when payment is charged, e.g., “credit card is charged at the time of goods shipment”],
d.) [other form of payment].
VII. Right of Withdrawal from the Contract
7.1. A Client who is a consumer within the meaning of Article 221 of the Civil Code has – based on legal provisions – the right to withdraw from a distance contract, without giving a reason, by submitting a relevant written statement within 10 days and sending it to the address … provided in these Regulations.
7.2. The 10-day period is counted from the day the Goods were delivered [unless the online store provides services].
7.3. The consumer’s right to withdraw from the contract is excluded in the case of:
• the commencement – with the consumer’s consent – of services by www.luxvilla.eu, before the expiry of 10 days from the conclusion of the contract;
• musical and audiovisual recordings and computer programs recorded on data carriers after the consumer has removed their original packaging;
• contracts for services for which the price or remuneration depends solely on fluctuations in the financial market;
• goods (services) exceeding the standard offer of the store, prepared to the client’s special order and adapted to their individual needs;
• services which, due to their nature, cannot be returned or whose subject deteriorates quickly;
• delivery of press; and
• gambling services.
7.4. In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have provided shall be returned in an unchanged state, unless the change was necessary within the limits of ordinary management. The return should take place immediately, no later than within 14 days. The purchased goods should be returned to the following address: …
7.5. The Goods returned by the Client should be packaged appropriately to ensure no damage to the shipment during transport.
7.6. The cost of packaging and returning the goods is borne by the Client.
VIII. Complaints Regarding Goods
8.1. … as the seller is liable to the Client, who is a consumer within the meaning of Article 221 of the Civil Code, for non-conformity of the purchased Goods with the Sales Agreement, to the extent specified in the Act on specific terms of consumer sales.
8.2. Complaints arising from the infringement of Client rights guaranteed by law, or under these Regulations, should be directed to hello@luxvilla.eu. … undertakes to consider each complaint within [14] days, and if this is not possible, to inform the Client within that period when the complaint will be considered.
8.3. … is not the manufacturer of the goods. The manufacturer is responsible under the warranty for the sold Goods under the conditions and for the period indicated in the warranty card. If the warranty document provides for such a possibility, the Client may submit their claims under the warranty directly to an authorized service center, whose address is provided in the warranty card.
IX. Complaints Regarding the Provision of Electronic Services
9.1. … undertakes actions to ensure the fully correct operation of the Store, to the extent resulting from current technical knowledge, and commits to removing any irregularities reported by Clients within a reasonable time.
9.2. The Client is obliged to immediately notify … of any irregularities or interruptions in the functioning of the Online Store’s service.
9.3. Irregularities related to the functioning of the Store can be reported by the Client in writing to the address: [address], by email to hello@luxvilla.eu, or using the contact form.
9.4. In the complaint, the Client should provide their first and last name, correspondence address, type, and date of the irregularity related to the functioning of the Store.
9.5. … undertakes to consider each complaint within [14] days, and if this is not possible, to inform the Client within that period when the complaint will be considered.
X. Final Provisions
10.1. The resolution of any disputes arising between … and a Client who is a consumer within the meaning of Article 221 of the Civil Code shall be subject to the courts competent in accordance with the provisions of the relevant Civil Procedure Code.
10.2. The resolution of any disputes arising between [the entity running the online store] and a Client who is not a consumer within the meaning of Article 221 of the Civil Code shall be subject to the court competent for the registered office of …
10.3. In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other relevant provisions of Polish law shall apply.