TERMS AND CONDITIONS
I GENERAL TERMS AND CONDITIONS
1.1. PLNY LALA online store, website address http://plnylala.com (hereinafter referred to as "the Store"), is a platform operated by:
Heart on Fire Sp. z o.o., ul. Staniewicka 18, 03-310 Warsaw, NIP 5242762621, REGON 146860360, KRS 0000475859.
Storage, dispatch of goods, and returns and complaints are handled by DTW Logistics Sp. z o.o. Kopytów 44E, 05-870 Błonie.
1.2. These Terms and Conditions define the terms of using the Store, terms of placing orders for items carried by the Store, time and terms of processing orders and delivery, payment terms and options, Client's rights to cancel orders and withdraw from agreement, and terms of filing and processing complaints.
1.3. The Store is an online retailer operating via a website and using remote communication tools. Using the Store requires:
• Internet access;
• having an e-mail address;
• installing the latest version of Internet browser;
• installing Flash Player plug-in;
• enabling cookies.
1.4. The Client is obliged to use the Store according to its intended purpose.
1.5. The Client is obliged not to engage in any activity that may affect proper functioning of the Store; this concerns especially any interference with the contents and technical elements of the Store, including provision of illegal content. Using the Store for any purpose other than its intended purpose, especially spamming, conducting business of any kind, advertising and promotional activity on the Store's websites is prohibited.
1.6. To the fullest extent allowed by law, the Store is not liable for disruptions, including interruptions, in its functioning caused by force majeure, prohibited actions of third parties and incompatibility of the Store with the Client's technical infrastructure.
1.7. Viewing items carried by the Store does not require registration. Placing direct orders by the Client for items carried by the Store requires registration in line with Section II of these Terms and Conditions.
1.8. Online payment transactions are handled by:
PayU SA based in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, registered in the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS no. 0000274399, share capital of PLN4,000,000 paid in full, NIP 779-23-08-495, REGON 300523444, website address http://www.payu.pl/.
1.9. Before placing an order, the Buyer is obliged to acquaint himself or herself with the Terms and Conditions.
II TERMS AND TIME OF PROCESSING ORDERS AND DELIVERY
2.1. Placing an order with the Store is tantamount to concluding a sales and purchase agreement for the ordered items between the Client and the Store.
2.2. Placing an order requires registering for an account by filling out a registration form while placing the order via plnylala.com website or logging in via a Facebook account.
2.3. After registering for an account, the Client can place an order by adding the items he or she is interested in to the Cart (i.e. choosing the "Add to Cart" command on the item's page) and then selecting the preferred delivery and payment options and confirming the order.
2.4. In the Cart, the Client:
• selects the ordered items and their quantity;
• selects the delivery address and enters invoice details;
• chooses the delivery option
• chooses the payment option (see Section IV of these Terms and Conditions);
• enters the discount code (optional).
2.5. If false information is provided, the Store can discard the order; the Store is obliged to inform the Client about the decision.
2.6. Dispatch of purchased goods usually takes up to two working days from the date of placing the order or confirmation of receipt of payment by the Store.
2.7. Online orders can be placed 24 hours per day, every day of the year. Orders placed on Saturdays, Sundays and public holidays are processed starting from the morning of the next working day.
2.8. The Store can temporarily suspend operations due to maintenance, development and modernisation works.
2.9. If the Client chooses the advance payment option, failure to make the payment to the Store's bank account or the account of the payment system operator (PayU) within five days from placing the order will result in its cancellation. In this situation, it is possible to place the order again. In the case of bank transfer and credit card payments, processing the order begins once the Store receives the payment.
2.10. Should completion of the full order prove impossible, the Store can offer the Client the following options:
2.10.1. cancellation of the entire order (if this option is chosen, the Store is no longer obliged to complete the order);
2.10.2. cancellation of the part of the order that cannot be completed within the specified date range (choosing this option will result in partial completion of the order, with the Store no longer obliged to complete the remaining part of the order);
2.10.3. provision of a substitute service upon its approval by the Client. Once approved by the Client, the order carried out based on the substitute service shall be treated as final;
2.10.4. dividing the order and setting a new completion date for the part of the order that cannot be completed by the initially set date (choosing this option by the Client will result in completion of the order in separate shipments, with the Client charged with the related costs).
2.11. If the ordered item is out of stock or completing the order placed by the Client proves impossible for other reasons, the Store shall inform the Client about the situation by sending a message to the e-mail address provided during registration within 7 (seven) days from the date of conclusion of the agreement.
2.12. If an advance payment is made for an order that cannot be completed in part or at all, the Client shall receive a partial or full refund from the Store within 14 (fourteen) days from the date of sending the information, based on terms specified in Section IV of these Terms and Conditions.
2.14. To the fullest extent allowed by law, the Store is not liable for failure to complete the delivery or delays in delivery resulting from provision of incorrect or imprecise information by the Client; this concerns especially provision of incorrect or imprecise address.
2.15. Description of particular items carried by the Store featured on the Store's website may include information about the number of working days needed to dispatch the order. This number represents the estimated time from the moment of receiving the order by the Store to its dispatch to the Client based on the chosen delivery option. Order processing time takes into account the time needed to prepare all the items ordered by the Client for dispatch.
2.16. The Store currently accepts orders only from customers based in Poland.
III PRICING AND SHIPPING
3.1. The featured prices of items carried by the Store contain VAT and are in Polish złotys (PLN).
3.2. The prices of items do not contain information about shipping costs.
3.3. The Store reserves the right to change prices of carried items, add new items to the offer, announce and cancel promotional offers, as well as introduce changes to them in line with the Civil Code provisions and other laws, provided that these changes do not violate the rights of persons who concluded sales and purchase agreements for items offered by the Store before introduction of the said changes, and the rights of persons eligible for a particular promotional offer according to its terms and conditions and during its duration.
3.4. Shipping costs are added to the total price of the ordered items and borne by the Client.
3.5. Upon delivery of parcel by a courier, the Client should check the condition of the external packaging of the parcel in the courier's presence. If the packaging is damaged, the Client and the courier should draw up a damage report in two identical copies signed by them both.
3.6. Upon collecting a parcel from a parcel locker, the Client should check its condition; in the case of any reservations, he or she should choose the complaint option on the parcel locker screen and follow the instructions appearing on the screen.
IV PAYMENT OPTIONS
4.1. Payment for the ordered goods can be made:
4.1.1. Visa/Mastercard (via PayU);
4.1.2. via bank transfer to the Store's account at Alior Bank.
V COMPLAINTS AND RETURNS
5.1. The Client has the right to file a complaint within 2 years from receiving the item provided that he or she informs the Store that the item is faulty within 2 months from discovering this fact. Meeting the complaint deadline requires sending a notice before its expiry.
5.2. Complaints should be sent to: firstname.lastname@example.org, or the Store's registered office address (see Section I of these Terms and Conditions), along with proof of purchase of the item from the Store (PDF return/complaint form).
5.3. The Store has 14 days to process the complaint. If it does not address the complaint within this period, the complaint is considered accepted.
5.4. If the complaint is accepted, the Store shall repair the faulty item or replace it with a new one; if replacing the item proves impossible, the Store shall provide the Client with a refund within 14 days from receiving the faulty item.
5.5. In the situation described in Subsection 5.4, the Client is obliged to return the item in question to the Store's address.
5.6. According to the Consumer Rights Act of 30 May 2014, the Client can withdraw from the online sales agreement without providing the reasons for his or her decision within 14 days from the date of receiving the item. Meeting the withdrawal deadline requires sending a notice before its expiry (PDF return/complaint form). The notice should be sent to the address of the Store's warehouse (see Subsection 1.1); alternatively, a scan of the notice can be sent to the Store's e-mail address. Should the Client make use of this right, return of consideration should take place immediately, i.e. no later than within 14 days.
5.7. Only Clients who are natural persons have the right to return purchased items. Legal entities and persons conducting business activity do not have this right if the item was purchased for company use (legal entity, business activity).
5.8. In the situation described in Subsection 5.6, the Client is obliged to return the item in non-deteriorated condition in line with the provisions specified in Subsection 5.6 within the period stipulated by law. The Store shall make a full refund of the price paid by the Client within 14 days following receipt of the returned item.
5.9. The Store does not accept cash-on-delivery return parcels and is not liable for the costs associated with such parcels.
6.1. Refunds are made within 14 calendar days using the same payment option as the one chosen by the Client for the initial transaction in the following situations:
6.1.1. full or partial cancellation of advance payment order (in the latter case, a partial refund is made);
6.1.2. return of ordered item (withdrawal from agreement) if the delivery was conducted by Poczta Polska or a courier company;
6.1.3. acceptance of complaint and inability to repair a damaged item or replace it with a new one;
6.1.4. recognition of the right to request item price reduction.
6.2. Refunds are made to the Client's bank account (including the Client's debit card and credit card accounts) or via postal remittance (with remittance cost born by the Client) in the case of:
6.2.1. orders paid in advance by bank transfer or credit card;
6.2.2. cash-on-delivery orders (including delivery to parcel locker and post office).
7.1. The Store is the administrator of databases of personal information provided by Clients.
7.2. The Store shall protect personal information provided by Clients as required by the Personal Data Protection Act of 29 August 1997 and the Act on Provision of Electronic Services of 18 July 2002. By providing the Store with personal information when placing an order, the Client consents to its processing by the Store with the purpose to carry out the order. At all times, the Client can view, edit, update and delete his or her personal information.
8.1. The Client can consent to receive commercial and marketing messages, including electronic messages, by choosing this option in the registration form, or via the Store's website. If such consent is granted, the Store's Newsletters will be sent to the e-mail address provided by the Client.
8.2. At any time, the Client can cancel the Newsletter subscription by submitting a request to the data administrator or clicking the unsubscribe link present in the Newsletter.
IX FINAL PROVISIONS
9.1. The Owner hereby declares and the Client hereby acknowledges that using the Internet can lead to risk of damage caused by web threats, especially attack on the Client's IT system, including virus attack, and password theft by third parties.
9.2. To the fullest extent allowed by law, the Store is not liable for blocking messages sent by the Store to the e-mail address provided by the Client by e-mail server administrators, as well as deleting and blocking such messages by software installed on the computer used by the Client.
9.3. Differences between visual appearance of an item resulting from individual settings of the Client's computer (colour, proportions etc.) and the item's actual appearance do not constitute a valid basis for a complaint. In such case, the Client has the right to withdraw from the agreement, as foreseen by Section V of these Terms and Conditions.
9.4. The Owner hereby declares that all trademarks (logos, logotypes, brand names etc.), graphic materials, photos featured on the Store's websites are copyright protected and are used by the Store exclusively for information purposes.
9.5. Names of all items carried by the Store are used for identification purposes and may be protected and reserved under industrial property law.
9.6. The Owner highlights that the Store contains content protected under intellectual property law, especially works protected by copyright (contents of the Store's website, graphic layout, graphic works, photos etc.). Clients and persons visiting the Store's website are obliged to observe the intellectual property rights (including property copyrights and industrial property rights, such as rights arising from trademark registration) of the Owner and third parties. The Client or person visiting the Store's website is fully liable for failure to comply with the provisions of this subsection.
9.7. Clients are forbidden to post content which is illegal, immoral, or violates the interests of third parties, including links to pornographic and obscene material, as well as material abusing the dignity of third parties.
9.8. The Store is obliged to inform registered Store users about every change of terms and conditions by sending them a message to the e-mail addresses provided during registration; after receiving such message, the Client will be able to delete his or her account at any time.
9.9. To all issues not regulated by these Terms and Conditions, the effective provisions of Polish law, especially the Civil Code, the Act on Special Terms of Consumer Sales and Amending the Civil Code, and the Act on Protection of Certain Consumer Rights and Liability for Injury Caused by a Dangerous Product shall apply.
9.10. These Terms and Conditions are effective as of 01.03.2016.