TERMS & CONDITIONS

 

These Terms & Conditions define the general conditions, rules and manner of a sale conducted by Lyn Group with its registered office in Warsaw through the online store www.loftware.pl (hereinafter: "Online Store")

 

 

 

DEFINITIONS

 

 

1. Business days - means weekdays from Monday to Friday, excluding public holidays.

2. Delivery - means an actual act consisting of the delivery of the Goods specified in the order to the Customer by the Seller, through the Supplier.

3. Supplier - means an entity, a courier company with whom the Seller cooperates to deliver the Goods:

4. Customer - means an entity for which electronically services may be provided or with which a Sales Agreement may be concluded in accordance with these Terms & Conditions and legal provisions.

5. Consumer - means a natural person, individual performing a legal deed not related directly to his/her business or professional activity.

6. Entrepreneur - means a natural person, a legal person or an organisational unit that is not a legal person, the law of which grants legal capacity, conducting business or professional activity on its own behalf and carrying out a legal transaction directly related to its business or professional activity.

7. Terms & Conditions - means these Regulations defining the general terms and conditions of sale as well as the rules of providing electronic services as part of the online store.

8. Seller - means Lyn Group, ul. Leszno 7/7, 01-192 Warszawa, Poland NIP: 573 268 2639, Regon 382728547 who is also the owner of the Online Store.

9. Store Website -  the websites where the Seller runs the Online Store operating in the domain www.loftware.pl.

10. Goods - means a product presented by the Seller via the Online Store Website.

11. Sales Agreement - means a sales contract concluded electronically on the terms specified in these Terms & Conditions, between the Customer and the Seller.

 

 

 

GENERAL CONDITIONS

 

 

1.  These Terms and Conditions shall apply to all deliveries from LOFTWARE to the purchaser (hereinafter “Purchaser”) unless otherwise agreed to by LOFTWARE in writing.

2.  Any terms and conditions proposed by Purchaser, which are different from or in addition to the terms in these Terms and Conditions shall not be binding upon LOFTWARE and shall be void and of no effect, except to the extent expressly accepted by LOFTWARE in writing.

3.  The Online Store is made available by the Seller through the Internet and the Online Store Website as a resource of the IT and  IT system.

4.  It is forbidden to use the Online Store or the Online Store Website by Clients or third parties to send unsolicited commercial information.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

 

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Shop Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on The Store's Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and the use of them may only take place in a manner specified and in accordance with these Terms & Conditions.

 

 

 

USING THE ONLINE STORE

 

 

1. Using the Online Store means any activity of the Customer, which leads to the User getting acquainted with the content contained on the Store Website, subject to the provisions of § Orders & Prices section of these Terms & Conditions.

2. Use of the Online Store may only be carried out on terms and in the scope specified in these Terms & Conditions.

3. The Seller shall make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements for using the Store Website are Internet browsers in the lowest versions: Internet Explorer Version 11, Chrome 16, FireFox 10, Opera 11, Windows 10 Microsoft Edge (ADI is not supported), Safari 9 and newer, with language support enabled Javascript, accepting "cookies" and an internet connection with a bandwidth of at least 256 kbit / s. The Store website is optimized for a minimum screen resolution of 1024x768 pixels.

4. By using the Online Store the Customer is not entitled to any interference in the content, structure, form, graphics, mechanism of operation of the Online Store and the Online Store Website.

5. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorised persons, therefore customers should use appropriate technical measures that minimise the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.

 

 

ORDERS & PRICES

 

 

1. The information contained on the Shop Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only the invitation of Clients to submit offers for the conclusion of the Goods Sale Agreement.

2. The Customer may place orders in the Online Store for 7 (seven) days a week and 24 (twenty-four) hours a day through the Online Store Website.

3. The Customer completes the order by selecting the Goods he/she is interested in by using the "ADD TO CART" button, located on the Store Website under the given Goods. After completing the entire order and indicating the method of Delivery in the "BASKET", the Customer places the order by sending the order form to the Seller. The form is sent by activating the appropriate field in the order form. Each time before the order is sent to the Seller, the total price of selected Goods and chosen method of Delivery shall be provided.

4. Placing an order constitutes an offer by the Customer to conclude a contract for the sale of the Goods being the subject of the order.

5. After placing the order, the Seller sends the confirmation of the order to the e-mail address provided by the Customer. Confirmation of the order is the Seller's statement about the acceptance of the offer referred to in Condition 4, above.

6. Based on the placed order, the Seller verifies the availability of the Goods ordered by the Customer in the Online Shop.

7. In the case of lack of the ordered Goods in an Online Store or the lack of possibility to perform the Customer's order for other reasons, including when the purchase of the Goods from Vendors suppliers will not be possible during the time provided for the order, the Seller will inform the Customer by email or by phone about the circumstances.

8. If the implementation of the order turns out to be impossible, the Seller may propose to the Customer the following:

a) Cancellation of the entire order (selection of this option by the Customer releases the Seller from the obligation to perform the order);

b) Cancellation of the order in the part in which its implementation is not possible within a reasonable time (selection of this option by the Customer releases the Seller from the implementation of the order to the extent it is not possible);

c) The division of the order and defining the date of order execution in the part of which the original implementation is not possible (selecting this option by the customer means that the delivery will be made in separate shipments, the customer will not incur additional costs related to the division of the order).

9. Prices on the Store Website placed at the given Goods:

a) they are gross prices (including VAT) and are specified in Polish zloty;

b) do not contain information on the costs of Delivery, about which the Customer will be informed when choosing the method of Delivery;

c) do not contain information on possible customs duties if the delivery address is outside of Poland.

10. The final price binding the parties to the Contract of Sale is the price of the Goods contained on the Shop Website at the time of placing the order by the Customer.

11. Information on the total value of the order is specified each time in the "BASKET" after the Customer has made a choice of the form.

12. The Customer may choose the following forms of payment for ordered Goods:

a) bank transfer to the Seller's bank account (in this case, the implementation of the order will commence after the funds have been received at the Seller's bank account);

13. The Customer may modify the order if it concerns a product that does not have the status of "BESPOKE ORDER" until receiving information confirming the delivery of the package by the Seller to the email address of the Customer. In particular, the changes may concern the scope of the subject of the order, cancellation of all or part of the order, change of the address of the Delivery, or change of data on the VAT invoice. If the Customer adds new Goods to an order that is already in progress, but before sending the parcel by the Seller, it may affect the extension of the order processing time. In the event of resignation from all or part of the order, if the payment was made by the Customer in advance, the return of the appropriate amount by the Seller will take place within 14 (fourteen) days from the date of modification by the Customer. The rules for the refund of receivables to Customers are specified in §8 and §9 below.

14. The Seller may post on the Shop Website information on the number of working days needed to complete the order.

15. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.

16. The Customer is obliged to provide a telephone number which will be forwarded to the Supplier in order to arrange a precise delivery date.

17. On the day of sending the Goods to the Customer, the Seller confirms the dispatch of the parcel by sending a confirmation e-mail to the Customer's e-mail address.

18. The customer should examine the delivered parcel in time and in the manner accepted with parcels of a given type, in the presence of the Supplier's employee.

19. The customer has the right to demand from the Supplier's employee to write down the proper protocol in the event of a loss or damage to the parcel.

20. In accordance with the will of the Customer, the Seller attaches to the shipment being the subject of the Delivery, a Consumer Invoice or a VAT invoice covering the Goods delivered.

22. In the absence of the Customer at the address indicated by the Customer, given when placing the order as the delivery address, the Supplier's employee will leave a notice. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone specifying the date and cost of the Delivery with the Customer again.

23. The provisions of the Transport Law apply to the delivery of all Goods.

 

 

 

PAYMENT METHODS

 

 

1. The seller provides the following methods of payment:

a) Payment made using online bank transfer to the Seller's bank account:

 

     mBank

     Lyn Group Aleksandra Lyn

     Account number: 75 1140 2004 0000 3302 7854 2223

     IBAN: PL75 1140 2004 0000 3302 7854 2223

     BIC / SWIFT:  BREXPLPWMBK

  

b) Payment by a credit or debit card: Visa, Mastercard, Amex, Discover, JCB, Maestro, UnionPay

2. If the Customer chooses payment by bank transfer, credit/debit card or another electronic method of payment, the Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement.

3. The entity providing payment services by credit/debit card is Braintree - PayPal (Europe) A.a.r.l et Cie, S.C.A.

 

 

 

BESPOKE ORDERS ON REQUEST

 

 

1. The customer can order the furniture made to measure, providing new dimensions, not available in the online store.

2. Individual orders are made by completing and returning to the Seller the "Bespoke Furniture Contact Form" describing the request and parameters of the ordered furniture.

3. The order will be placed into production after full payment has been received.

4. The deadline for bespoke furniture is between 35-40 working days and it only includes furniture pieces such as tables, console tables, shelves, hangers, coffee tables, desks, flower stands/plinths, ladders, cushions.

5. The cost of shipping bespoke furniture is priced individually and depends on the dimensions of the furniture and the place of delivery. The customer is informed about the approximate cost of delivery of the furniture before placing the order.

6. Bespoke orders are not refundable.

7. The return of the paid amount is possible only if the implementation of bespoke furniture has not been started.

 

 

 

QUALITY OF GOODS

 

 

1. The Seller is responsible for the non-compliance of the Goods with the contract in the event of its finding by the Customer who is a Consumer before the expiry of 2 years from the date of delivery of the item. The Customer being a Consumer is obliged to notify the Seller about the non-compliance of the Goods with the contract within 30 days from the date of such non-compliance.

2. Within 14 (fourteen) days, the Seller will respond to the complaint of the Product reported by the Customer and inform him/her about the way of proceeding.

3. In order to consider the complaint of the Goods, the Customer should send or deliver the complained Goods together with, if possible, proof of purchase. The claimed Product should be delivered or sent to the address of the Seller's Showroom:

LOFTWARE, ul. Garibaldiego 10/12, 42-202 Częstochowa, Poland.

The seller returns the documented shipping costs to the client up to PLN 100.

4. If the complaint is considered in favour of the Customer, the Seller will repair or replace the returned product with a fully-fledged product. If the replacement or repair would expose the Customer to significant inconvenience, the Seller, in accordance with the Customer's request, will reduce the price or refund - as a result of the Customer's withdrawal from the contract - full payment for the product complained within 14 (fourteen) days. In the event of withdrawal from the contract, the parties shall return to each other what they have provided.

 

 

 

DAMAGE IN TRANSPORT

 

 

1. In accordance with the applicable provisions of the Transport Law, the Customer is obliged to accept and then open and check the Goods accepted from the Supplier in the presence of the Supplier's employee. In the case of damage found in transport, the Customer writes down the damage report to the Supplier.

2. Complaints related to damage in transport shall be submitted by the Customer to the Supplier.

 

 

 

WARRANTY

 

 

LOFTWARE provides a 24 months warranty on all the products.

 

 

 

ORDER CANCELLATION

 

 

1. The Customer who is a Consumer may withdraw from the Sales Agreement without giving a reason, by submitting a relevant statement in writing within 14 (fourteen) days from the date of Delivery. To comply with this deadline, it is enough to send a statement before its expiry. The model statement of withdrawal from the contract is available on the Seller's website - go to Returns.

2. The Customer cannot withdraw from the Sales Agreement in the event of a purchase made to measure, bespoke furniture having in the product description the information "BESPOKE FURNITURE", "MADE TO ORDER" or "CUSTOM MADE".

3. In the event of an effective withdrawal from the Sales Agreement, the contract is considered void. The Customer is obliged to return the purchased Goods immediately, no later than within 14 (fourteen) days at his/her own expense. Goods should be returned unchanged unless the change was necessary within the scope of ordinary management. The return can be made:

a) via Poczta Polska S.A.;

b) or Courier company;

by sending the Goods to the address of the Seller's Showroom: LOFTWARE ul. Garibaldiego 10/12, 42-202 Częstochowa, Poland.

 

 

 

RETURN OF PAYMENT

 

 

1. The Seller shall refund the Customer's receivables within 14 (fourteen) days in the case of:

a) cancellation by the Customer of the order or part of the order paid in advance before its implementation (in which case the appropriate part of the price shall be returned):

b) Withdraw from the Sales Agreement by the Customer who is a Consumer in accordance with § Quality of Goods section of these Terms & Conditions;

c) Reduction of the price or withdrawal from the Sales Agreement in the event of the complaint being accepted in accordance with § Payment Methods section of these Terms & Conditions.

2. The method of refund depends on the form of the original payment to the Seller:

a) in the case of payment "in advance" by bank transfer, the Seller shall refund the amount due to the bank account of the Customer from whom he/she made the payment.

3. The Seller shall not be liable for the lack of refund or delay of such reimbursement if despite sending to the Customer the e-mail provided by him/her, the Customer will not provide the Seller with the required data or if the response to the request will be incomplete and will prevent an effective refund. The Seller is free from liability, including when the refund was not made or was made late due to the Customer providing incorrect data required for a bank transfer or postal order. The refund will be made in such a case immediately after obtaining the above-mentioned data from the client.

 

 

 

LIABILITY

 

 

1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with customers being Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Customer being the Entrepreneur.

2. The Seller shall not be liable for non-performance or improper performance of services provided electronically if it is caused by third parties (in particular telecommunications operators, telecommunications lines suppliers and electric energy). However, the seller is liable for actions or omissions of persons with whom he provides services provided electronically, as well as persons whom he entrusts the performance of these services as for his own act or omission.

3. The Seller shall not be liable for damages caused by Customer's actions or omissions, in particular for their use of the Online Store in a manner inconsistent with applicable law or these Terms & Conditions.

4. The sole source of the Seller's obligations in these Terms & Conditions and mandatory legal provisions.

 

 

 

FINAL PROVISIONS & AMENDMENTS

 

 

1. These Terms & Conditions are valid from the day of publishing on the Online Store website and replace the previously applicable conditions of the Online Store.

2. The content of these Terms & Conditions may be recorded by printing, saving on a device or downloading at any time from the Online Store's website.

3. All orders accepted by the Seller for execution before the date of amendment of these Terms & Conditions are implemented on the basis of the conditions, which were in force on the date of placing the order by the Customer.

4. In the event of a dispute arising out of the concluded Sales Agreement, the parties shall endeavour to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Terms & Conditions is Polish law.

5. These Terms & Conditions come into force on 01/06/2017.

 

 

 

PRIVACY POLICY

 

 

All information regarding privacy policy and use of cookies are explained in-depth on our Privacy Policy page.

 

The administrator of Personal Data is Lyn Group, ul. Leszno 7/7, 01-192 Warszawa, Poland NIP: 573 268 2639, Regon 382728547

 

Contact details of the Data Protection Officer: info@loftware.pl

 

Personal data are processed on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter: RODO) and in order to:

a) Newsletter sending - in accordance with article 6. A by RODO,

b) To provide answers to inquiries sent via the contact form in accordance with article 6. Iby RODO,

c) conclusion and performance of the contract in the online store - in accordance with article. 6.B by RODO,

d) Performance of obligations legally binding on the Administrator arising from tax law - in accordance with art. 6.C by RODO.

The administrator processes your personal data in relation to the legitimate interest pursued by the Administrator, which consists of the transmission of marketing information by e-mail or telephone - in accordance with art. 6 lit. f RODO.

 

 

 

 

CONTACT US

 

 

If you have any questions or comments in regard to our Terms & Conditions please contact us on info@loftware.pl or give us a call, Monday to Friday 11am-5pm on +44 7599 471 392 (UK)  or  +48 576 610 100 (Poland).

 

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LOFTWARE SHOWROOM

Giuseppe Garibaldiego 10/12

42-200 Częstochowa

 Poland

LOFTWARE SHOWROOM

Galeria Polskie Meble,  Aleje Solidarnści

61-696 Poznań

 Poland

GIVE US A CALL

info@loftware.pl

UNITED KINGDOM   -   +44 7599 471 392

 POLAND   -   +48 576 610 100 

© 2019 LOFTWARE