1. LUVATRE Trade Mark is a property of c59.pl Mirosław Śmigas, hereinafter referred to as LUVARTE, luvarte.com, c59.pl or the Seller, shall complete orders placed by both business and private customers, hereinafter referred to as the Buyer(s).
2. Placing an order by the Buyer is tantamount to acceptance of these General Terms of Delivery, hereinafter referred to GTD, as well as to consent to processing of the relevant personal data required to complete the order, and to consent to receiving electronic messages.
3. Orders may be placed only in writing or electronically.
4. c59.pl pledges itself to confirm orders placed and provide the delivery dates by e-mail within 2 working days.
5. For natural persons, orders may only be placed by individuals who are of age and legally capable. Parents shall be fully responsible for their under-age children's obligations.
6. For business entities, orders may be placed by persons authorized to represent the Buyer or contract obligations for and on behalf of the Buyer. It is the Buyer's responsibility to meet this condition.
7. Buyers supposed to act as agents in selling the goods of LUVARTE shall be required to electronically send their business registry documents before entering into the cooperation. If a transaction is to be insured, the required documents shall be made available by the Buyer to the Insurer but they may not be made available to third parties, including luvarte.com.
8. Seller shall complete orders including delivery within the territory of Poland at the prices specified at the website www.luvarte.com or in a customized offer.
9. If the goods are to be shipped beyond Poland, the costs of transport shall be determined on a case-by-case basis, and the relevant customs duties, taxes and insurance fees shall be paid by the Buyer.
10. 23 per cent VAT will be levied on the goods for Buyers from outside the EU. The Buyer shall account for VAT under relevant regulations.
11. Unless otherwise agreed in the Commercial Terms and Conditions by the parties, all ordered goods must be paid for on a pro-forma invoice basis, i.e. in advance of delivery. Orders placed from outside Poland shall only be completed on a pro-forma invoice basis.
12. For Buyers who carry out business activity and act as agents in selling of the LUVARTE goods, the following can be determined as part of separate arrangements: the payment term (30 days maximum) and the credit limit.
13. The result of not paying within the specified payment term or exceeding the credit limit shall be a block put on orders, and for default in payment, the rate of penal interest will be 10% per annum.
14. The legal title to the goods shall not pass to the Buyer until the Seller has received the sum due.
15. Private end customers (natural persons who do not carry out business activity) making a purchase via the luvarte.com website shall have the right to return the goods available from inventory provided they are returned in an unchanged condition, without damage, in the original packaging and within 10 days from the goods issue. The costs of transport of the goods to and from the Customer shall be incurred by the Customer. The right to return the goods shall not apply to production orders or customized modifications of the goods. In the case of returning the goods, a written (e-mail) statement on the withdrawal from contract shall be required (the return form including the statement will be delivered to the Customer by e-mail). The paid amount shall be refunded (with the costs of transport of the goods to the Customer deducted) after the goods have been sent back to Seller and the required condition of them has been confirmed. If the condition of the goods is not original, the loss (if any) shall be deducted from the amount to be refunded to the Buyer. Parcels returned at the expense of c59.pl will not be accepted.
16. For production orders and customized modifications of the goods, neither withdrawal from the purchase agreement nor return of the goods shall be allowed. If the Customer or Buyer fails to accept the ordered goods, he will be charged a storage fee of 20% of the goods value per month.
17. The goods shall be delivered through the Carrier acting by order of Seller or the Customer. If the latter is the case, complaints about transport losses or damages will not be investigated, and the acceptance of the goods for consignment by the Carrier shall be tantamount to acceptance of the goods in good condition.
18. In the case when the transport is ordered by Seller, the Buyer is required to check the condition of the consignment on delivery. If any damage to the consignment is found, the Buyer and the Carrier (Courier) shall jointly fill in the damaged consignment report which is to be made available by the Carrier (Courier). Photos of the damaged items and of the packaging shall be sent to the Seller. In case of failure to submit the said report, transport complaints will not be investigated.
19. If the Buyer complaints about the goods quality (not applicable to any mechanical damages as these will not be taken into account), he is required to fill in and submit by e-mail the Complaint Form previously provided by Seller on the Customer's request. Once the Complaint Form is accepted by Seller in writing, the Customer is to send the faulty goods back in the original packaging and at his own expense, unless otherwise agreed by the Parties. Parcels returned at the expense of Seller will not be accepted. If the complaint is legitimate, the costs of transport will be refunded, and the goods repaired shall be returned to the Buyer at the expense of c59.pl. If the complaint is not legitimate, the costs of transport (in both directions) shall be incurred by the Buyer.
20. In case of legitimate complaints, c59.pl shall repair or replace the faulty goods as quickly as possible.
21. Because glass products are handmade, without using moulds, differences in the dimensions and colour shades, air bubbles in the glass, differences in the texture and tint, and knots in wooden products shall form no basis for any complaints as they are specific to hand made glass and wooden products.
22. To all matters not settled herein, the provisions of the Civil Code and other Polish legal acts shall apply.
23. Any disputes shall be settled amicably, and failing that, settled by the court having jurisdiction over the seat of c59.pl.