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WEBSITE TERMS & CONDITIONS

WEBSITE TERMS & CONDITIONS

I. General Provisions

  1. These Terms & Conditions specify general conditions and rules for the use of lionelo.com website and the way of service provision by electronic means by BrandLine Group Sp. z o.o. established at ul. A. Kręglewskiego 1, 61-248 Poznań (hereinafter referred to as: the Seller).
  2. The contact with the Seller is made through:
  1. the e-mail address: sklep@overmax.pl
  2. the phone number: (+48) 61 653 12 93
  3. These Terms & Conditions are constantly available at https://lionelo.com/ website, in a way enabling the Clients to obtain, reproduce and register their content thought printing or recording on a data storage device at any time.

II. Definitions

The terms used in these Terms & Conditions have the following meaning:

  1. Work days – are days from Monday to Friday, except for public holidays;
  2. Client – a natural person, a legal person or an organisational unit not being a
    legal person, to which particular regulations grant legal capacity, which places
    an Order for Goods offered by the Seller;
  3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 with
    amendments);
  4. Consumer – a natural person concluding a contract with the Seller unrelated
    to his/her economic or professional activity;
  5. One-person entrepreneur (Client-Consumer) – a Client being a natural
    person, concluding a contract with the Seller related directly to his/her
    economic activity, when it results from the contract that it is not of professional
    nature for him/her, resulting in particular from the subject of economic activity
    that he/she carries out, shared on the basis of regulations on the Central
    Registration and Information on Business of the Republic, within the meaning
    of the Art. 38a of the Polish Consumer Rights Act;
  6. Terms & Conditions – these Terms & Conditions of Website
  7. GDPR – Regulation of the European Parliament and the (EU) Council No.
    2016/679 of 27 April 2016 on the protection of natural persons with regard to
    the processing of personal data and on the free movement of such data, and
    repealing Directive 95/46/EC;
  8. Website (site) – collection of web pages through which the Client can
    acquaint himself/herself with the offer of the Seller’s Goods, request a repair of
    the Goods and/or submit an application for release of a Substitute Product
  9. Seller – the owner of lionelo.com website, i.e. BrandLine Group Sp. z o.o., A.
    Kręglewskiego 1, 61-248, Poznań, NIP: 7822579840, REGON: 361233546,
    registered in the Register of Entrepreneurs carried out by the District Court
    Poznań Nowe Miasto and Wilda, 8 th Commercial Division of the National Court
    Register under the number: 0000552768, share capital PLN 20 000.
  10. Goods – a product presented at the website whose description is available
    next to each presented product;
  11. Contract of sale – a contract of sale of goods within the meaning of the Polish
    Civil Code concluded between the Seller and the Client;
  12. Services – services provided by the Seller for the benefit of the Clients by
    electronic means within the meaning of regulations of the Act of 18 July
    2002 on provision of services by electronic means (Polish Journal of Laws
    No. 144, item 1204 with amendments);
  13. Consumer Rights Act – the Act of 30 May 2014 on consumer’s rights (Polish
    Journal of Laws 2014, No. 827);
  14. Act on Electronic Services – the Act of 18 July 2002 on provision of services
    by electronic means (Polish Journal of Laws No. 144, item 1204 with amendments);
  15. Order – declaration of intent of the Client aiming directly to conclude a
    Contract of sale, specifying in particular the type and number of Goods.

III. Rules for the Use of the Website

  1. The use of the Website is possible, provided that the ICT system used by the Client meets the following minimal technical requirements:
  1. a computer with access to the Internet,
  2. Internet Explorer browser in 11 version or newer, Firefox browser in 28.0 version or newer or Chrome browser in 32 version or newer,
  3. enabled Cookies and Javascript in the Internet browser.
  1. The use of the Website means each action of the Client which leads him/her to get familiar with contents available at the Website and to use the available functionalities.
  2. The Client is obliged in particular:
  1. not to provide and not to share contents forbidden by the law, e.g. contents promoting violence, defamatory or violating personality rights and other rights of a third party,
  2. to use the Website in a way not disturbing its functioning, in particular through the use of specified software or devices,
  3. not to take actions such as: sending or placing an unsolicited commercial communication (spam) within the Website;
  4. To use the Website in a way that is non-oppressive for other Clients and for the Seller,
  5. to use all contents available at the Website only for his/her own personal use,
  6. to use the Website in a way that complies with the law applicable on the territory of the Republic of Poland, provisions of these Terms & Conditions, as well as with general rules for the use of the Internet.

IV. Services

  1. Through the Website, the Seller enables the use of free Services consisting in particular in:
  1. browsing information available at the Website referring to, among others, the Goods offered by the Seller,
  2. udostępnianiu interaktywnego formularza umożliwiającego Klientom zgłoszenie naprawy Towaru,
  3. sharing an interactive form enabling the Clients to request a repair of the Goods,
  4. sharing an interactive form enabling the Clients to submit an application for release of Substitute Products,
  5. sharing the interactive form enabling to report a willingness to establish cooperation as a Distributor of the Goods of the Seller;
  1. Services indicated in point 1 are provided by the Seller 24 hours a day, 7 days a week,
  2. Information on the Goods provided at the Website, in particular descriptions, technical and performance parameters thereof, are an invitation for conclusion of a contract, within the meaning of the Art. 71 of the Polish Civil Code.
  3. The condition to place an Order for the presented Goods is the choice of Buy
    on-line functionality. At the moment of activation of Buy on-line
    functionality, the Client shall be redirected to hoplano.com websites where he/she can place an Order pursuant to the Terms & Conditions of the Store available at https://hoplano.com/regulamin-sklepu.

V. “Request a repair” service

  1. The Client can request a repair of the Goods through the Website (Complaint Request). The Request referred to hereinabove requires filling out the interactive form in which the Client is obliged to indicate his/her personal data (first name, last name, e-mail address, cell phone number, landline phone number, address) and the product’s data (type of repair, serial number, model, date of purchase, invoice or receipt number, description of malfunction, content of the delivery and proof of purchase), necessary for verification of the request and its execution.
  2. Submission of the form referred to in point 1 hereinabove requires acceptance of these Terms & Conditions.
  3. Once the client fills out and submits the form referred to in point 1 hereinabove, an information with the repair number and the name of maintenance service, to which the Goods should be sent, will appear on the screen of the device used by the Client. The confirmation of the Request is sent by the Seller to the e-mail address indicated in the form.
  4. While sending the Goods, the Client is obliged to secure them and to mark the consignment properly, including to indicate obligatorily the repair number.
  5. The Seller reserves the possibility not to collect the consignment if:
    1. the delivered Goods are incomplete;
    2. the Goods are delivered without the repair number;
    3. the Goods are delivered without a proof of purchase or its copy.
  6. The Goods can be sent through a courier company cooperating with the
    Seller. The Client who would like to use services referred to hereinabove is
    obliged to fill out the form a link to which is available at the Website
    at: https://lionelo.com/zglos-naprawe/.
  7. The Client can check the status of the repair at any time, by indicating the ID number and his/her last name in the designated form.
  8. The details relating to the treatment of requests are available at: https://lionelo.com/zglos-naprawe/; in “Technical support – Request a
    repair” tab.

V. “Order a Substitute Product” service

  1. Through the Website, the Client can submit a request for release of a Substitute Product (Order a Substitute Product).
  2. The request referred to in point 1 hereinabove requires:
    1. filling out the Complaint Request form, pursuant to the section V point 1 of the Terms & Conditions;
    2. filling out the Substitute Product Release form, in which he/she is obliged to indicate the complaint number, first name and last name, address, e-mail address, phone number, model of the product subject to complaint,
    3. acceptance of provisions of these Terms & Conditions.
  3. Once the request is received, the Seller shall send the Goods whose parameters correspond to or are similar to parameters of the Goods subject to complaint to the address indicated by the Client in the form. The Substitute Product is sent within 3 Working Days from the moment of arrival of the Goods subject to complaint to the maintenance service indicated in the confirmation of acceptance of the Complaint Request. This time-limit can be extended in case of temporary unavailability of the Substitute Product of the same product category.
  4. The Seller shall not be liable for provision of inaccurate data by the Client which may result in failure to deliver the Substitute Product within the indicated deadline.
  5. The release of a Substitute Product is free of charge.
  6. From the moment of reception of the Substitute Product, the Client is entirely liable for effects of the use of the Goods. The client is liable for accidental damage and loss of the Substitute Product.
  7. The return of the Substitute Product shall be done after repair of the Product subject to complaint.
  8. The Seller reserves the right to:
    1. evaluate the technical condition of the Substitute Product, once it is sent back by the Client.
    2. report to the Client his reserves relating to the condition of the returned Substitute Product within 3 days from the date of receipt of the Goods,
    3. Require from the Client a proper compensation for all types of defects and damage arising from an improper handling of the Substitute Product by the Client.
  9. In the situation indicated in point 8 c hereinabove, the Client shall pay damages or purchase the Product for a price corresponding to its value.

VI. Complaints referring to the provision of services by electronic means

  1. The Client can lodge complaints to the Seller with regard to functioning of the Website and use of the Services.
  2. Complaints can be lodged in writing to: BrandLine Group Sp. z o.o. established at ul. A. Kręglewskiego 1, 61-248 Poznań, to e-mail address XXX
  3. In the complaint, the Client should indicate his/her first name and last name, correspondence address, type and description of the problem.
  4. The Seller undertakes to examine each complaint within 14 days, and if it is impossible, to inform the Client within this period, when the complaint will be examined, whereby the maximum time-limit for reply to a complaint is 30 days from the day of its receipt. In case of failure to provide some information in the complaint, the Seller shall request the Client to complete it to the necessary extent within 7 days from the date of receipt of the request by the Client.

VII. Out-of-court affairs procedures for dealing with complaints and vindication of claims

  1. The Consumer or One-person Entrepreneur dispose of, among others, the following possibilities to use out-of-court procedures for dealing with complaints and vindication of claims:
  1. they have the right to address the Permanent Consumer Arbitration Court at
    the Commercial Inspection with a request to resolve a dispute arising from the
    concluded Contract of sale. The list of courts is available
    at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  2. they have the right to address the Provincial Inspector of the Commercial
    Inspection with a request for the conduct of a mediation procedure in the affair
    of amicable settlement of the dispute between the Client and the Seller. The
    list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  3. Moreover, they can get free-of-charge help in settlement of the dispute with the Seller, using free-of-charge help of the district (municipal) Consumer Ombudsman or a social organisation whose statutory tasks comprise >protection of consumers (among others Federacja Konsumentów [Federation of Consumers], Stowarzyszenie Konsumentów Polskich [Association of Polish Consumers ]). Advice is given through the Federation of Consumers at free-of charge consumer helpline number 800 007 707 and through the Association of Polish Consumers at e-mail address: porady@dlakonsumentow.pl.
  4. They can lodge a complaint through the European ODR platform available
    at: http://ec.europa.eu/consumers/odr/

VIII. Personal data

  1. The Seller within the meaning of the Art. 4 item 7 of the GDPR remains the Controller of the data necessary for execution of provisions of the Terms & Conditions. The Clients’ data are processed by the Seller in particular for execution of Services referred to in chapter IV point 1 of the Terms & Conditions (legal basis is the Art. 6 item 1 let. b of the GDPR). The Seller processes the personal data of the Clients also for other purposes and in a different scope, indicated precisely in the Privacy Policy available at XXX.
  2. The Seller processes the data pursuant to the legislation, including to the GDPR.
  3. The Client has the right of access to his/her own personal data, of rectification, and removal thereof, the right to have the data processing restricted, the right of portability, the right to object against processing, to withdraw the consent and to lodge a complaint to a supervisory authority.
  4. To the extent not provided for under these Terms & Conditions, the rules for personal data processing and protection of the Clients’ privacy are set forth in the “Privacy Policy” document – available at XXX. This document contains complete information required by the GDPR. The Client should read it attentively before the use of the Website.

IX. Seller’s liability

  1. The Seller shall not be liable for:
  1. the damage resulting from the lack of continuity of Service provision;
  2. indication of false or incomplete data by the Client while submitting interactive forms or while using other Services;
  3. the damage resulting from the use of the Website by the Client in a way that is incompatible with the law or the Terms & Conditions, in particular for disclosure of personal data;
  4. a situation when the Client indicates false or inaccurate personal data necessary to carry out a repair and/or to release a Substitute Product;
  5. functioning of servers of electronic mail of the Client and data communication links used by the Clients;
  6. errors occurring while making on-line payments, operated by an external payment operator;
  1. The Seller shall not be liable towards the Clients for non-execution of any obligations resulting from these Terms & Conditions to the extent to which it will be caused by a force majeure or by exclusive acts of third parties.
  2. The Client should not enable third persons access to the Services. Only the Client is liable for confidentiality, security, transactions carried out. He/she is also obliged to inform the Seller immediately about unauthorised use of his/her personal data by third persons.

X. Final provisions

  1. Settlement of potential disputes arising between the Seller and the Consumer or the One-person Entrepreneur, shall be subjected to competent courts pursuant to relevant provisions of the Polish Civil Procedure Code.
  2. Settlement of potential disputes arising between the Seller and the Client who is not a Consumer shall be subjected to the court competent due to the Seller’s head office.
  3. In all matters not regulated in these Terms & Conditions, provisions of the Polish Civil Court, provisions of the Act on Electronic Services, provisions of the Act on Consumer’s Rights and other relevant provisions of the Polish law, as well as of the EU law, in particular the GDPR are applicable.

The content of these Terms & Conditions can be modified. The Client shall be informed about all changes at the home page of the Website containing a list of changes and dates when they will enter into force. The time-limit within which the changes will enter into force shall not be shorter than 14 days from the date of announcement thereof.