The conclusion of a contract between Buyer and Seller can be made in two ways
Buyer has the right, prior to placing an order, to negotiate any provisions of the contract with Seller, including those modifying the provisions of the following terms and conditions Such negotiations, should be conducted in writing and addressed to the address of Seller (Lupo sp z oo Stanisława Staszica 20/3 Street, 60-525 Poznań)
In the event that the Buyer declines the opportunity to enter into a contract through individual negotiations, the following terms and conditions and applicable laws shall apply
REGULATIONS
§1 Definitions
  1. Postal address - name or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality
  2. Claims address:

    Lupo sp. z o.o.

    Strzeszyńska 30 B

    60-479 Poznań

  3. Delivery price list - located at https://lupo-baterie.pl/8-koszty-i-sposoby-dostawy
  4. Contact information:

    Lupo sp. z o.o.

    Strzeszyńska 30 B

    60-479 Poznań
    email: sklep@lupo-baterie.pl

  5. Delivery - the type of transportation service along with the carrier and cost listed in the Delivery Price List located at https://lupo-baterie.pl/8-koszty-i-sposoby-dostawy
  6. Proof of purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws
  7. Product card - a single subpage of the store containing information about a single product
  8. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making with Seller a purchase directly related to his/her business or professional activity
  9. Civil Code - the Civil Code Act of April 23, 1964, as amended
  10. Code of Good Practices - a set of rules of conduct and, in particular, ethical and professional standards, as referred to in Article 2 item 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended
  11. Consumer - a natural person of full legal capacity making a purchase from Seller not directly related to his/her business or professional activity
  12. Basket - a list of products compiled from the store products offered in the shop based on the choices of the buyer
  13. Buyer - both Consumer and Customer
  14. Place of delivery of the item - postal address or pick-up point indicated in the order by the Purchaser
  15. Moment of delivery of the item - the moment when Buyer or a third party designated by him for collection takes possession of the item
  16. Payment - the method of making payment for the contract item and delivery listed at https://lupo-baterie.pl/content/5-formy-platnosci
  17. Consumer Law Consumer Rights Act of May 30, 2014
  18. Product - the minimum and indivisible quantity of things that may be the subject of an order and which is given in the Seller's store as a unit of measurement when determining its price (price/unit)
  19. Subject matter - products and delivery being the subject of contract
  20. Subject matter - the object of the contract
  21. Collection point - the place of delivery of the item, which is not a postal address, listed in the listing provided by Seller in the shop
  22. Property - a movable thing that can be or is the subject of a contract
  23. Store - the Internet service available at lupo-bateriepl, through which the Buyer can place an order
  24. Seller:

    Lupo sp. z o.o.

    Ul. Stanislawa Staszica 20/3

    60-525 Poznań


    NIP: 7811873240, REGON: 301932624,

    CRS: 0000397393

    BANK ACCOUNT:80 1090 2734 0000 0001 1738 1066

  25. System - a set of cooperating information technology devices and software, providing for the processing and storage, as well as sending and receiving data via telecommunications networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet
  26. Delivery date - the number of hours or working days specified on the product card
  27. Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 in the case of Consumers and a contract of sale within the meaning of Art 535 of the Civil Code Act of April 23, 1964 in the case of Buyers
  28. Defect -both physical defect and legal defect
  29. Physical defect - the non-conformity of the sold thing with the contract, and in particular if the thing:
    • it does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
    • does not have the characteristics that Seller assured Consumer of its existence,
    • is not suitable for the purpose of which Consumer informed Seller at the conclusion of the contract, and Seller has not objected to such purpose;
    • has been delivered to the Consumer in an incomplete state;
    • in case of improper installation and commissioning thereof, if these actions were performed by Seller or a third party for whom Seller is responsibleSeller is responsible, or by Consumer who followed the instructions received from Seller;
    • it does not have the property that was assured by the manufacturer or his representative or the person who places the thing on the market in the scope of his business and the person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless the Seller did not know or, judging reasonably, could not have influenced the decision of the Consumer to conclude the contractstrong>Seller these representations did not know or, judging reasonably, could not have known, or they could not have influenced Consumer's decision to enter into a contract, or if their contents were corrected prior to the conclusion of the contract
  30. Legal defect - a situation when the thing sold is the property of a third party or is encumbered by the right of a third party, as well as if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority
  31. Order - a statement of intent of Buyer submitted via store specifying unambiguously: type and quantity of products; type of delivery; typepayment; place of release of items, data of Purchaserstrong>Buyer and aiming directly at the conclusion of contract between Buyer and Seller
§2 General Conditions
  1. The contract is concluded in the Polish language, in accordance with Polish law and these regulations
  2. The place of delivery of the item must be in the territory of The Republic of Poland
  3. Seller is obliged and undertakes to provide services and deliver items free of wads
  4. All prices quoted by Seller are expressed in Polish currency and are gross prices (including VAT) Prices of products do not include the cost of delivery, which is specified in the delivery price list
  5. All time limits are calculated in accordance with Art 111 Civil Code, ie, ta term specified in days shall end with the expiration of the last day, and jif the beginning of a term specified in days is a certain event, the day on which this event occurred shall not be taken into account in calculating the term
  6. Confirmation, disclosure, recording, preservation of all material provisions of the Contract for future access to such information shall be in the form of:
  7. confirmation of order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in pdf version, model withdrawal form in pdf version, links to download the terms and conditions and model withdrawal form independently;
  8. Attach to the completed order, sent to the designated place of delivery of items printed: proof of purchase, information about the right to withdraw from the contract, these terms and conditions, sample withdrawal form
  9. Seller informs of known warranties provided by third parties for products in the shop
  10. The Seller shall not charge any fees for communicating with him by means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a particular service enabling remote communication
  11. Seller shall ensure Buyer using the system that the Store operates correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px The use of third-party software affecting the operation and functionality of browsers Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the store lupo-bateriepl, you should disable them all
  12. Buyer may use the option of having his/her data remembered by store in order to facilitate the process of placing another order For this purpose, the Buyer should provide the login and password necessary to access his account The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties Buyer has at any time the ability to view, correct, update data and delete the account in store
  13. The seller complies with the Code of Good Practice
§3 Contract Conclusion and Implementation
  1. Orders can be placed 24 hours a day
  2. In order to place an order Buyer should perform at least the following steps, some of which may be repeated multiple times:
  3. add to product basket;
  4. select the type of delivery;
  5. select the type of payment;
  6. selection of place of delivery of the item;
  7. submit a order to the shop by using the "I'm ordering with obligation to pay" button
  8. The conclusion of contract with Consumer occurs upon the placement of order
  9. The fulfillment of order of Consumer paid on delivery shall take place immediately, and of order paid by bank transfer or via electronic payment system after the payment of Consumer has been credited to Seller's account/strong>on the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the performance through no fault of his/her own and informed the Seller about it
  10. The conclusion of contract with Customer occurs upon acceptance of the order by Sellerstrong>Seller, of which he shall inform Customer within 48 hours of placing order
  11. The fulfillment of order of Customer paid on delivery shall take place immediately after the conclusion of contract, and of order paid by bank transfer or via electronic payment system after the conclusion of the contract and posting of the Customer payment to the Seller's account
  12. The fulfillment of order of Customer may be subject to payment of all or part of the value of order or obtaining a trade credit limit of at least the value of the order or the agreement of Seller to send the order on delivery (payable on delivery)
  13. Shipment of the contract item shall take place within the time limit specified on the card of the product, and for orders composed of multiple products within the longest time limit specified on the cardsorders made up of multiple products within the longest time limit of those specified on cards of products The time limit begins to run when the order is fulfilled
  14. The purchased object of contract is, together with the sales document selected by the Buyer, shipped by the Buyer method of delivery to the location indicated by Buyer in the order for delivery of the item, together with the enclosed attachments referred to in §2 item 6b
§4 Right of withdrawal
  1. Consumer, has the right under Article 27 of Consumer Law to withdraw from a contract concluded remotely, without stating a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of Consumer Law
  2. The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of issue of the item, and to meet the deadline it is sufficient to send the statement before its expiration
  3. A statement of withdrawal from the contract Consumer may be submitted on the form, the model of which is attached as Appendix No 2 to the Consumer Law, on the form available at https://lupo-bateriepl/content/24-formularz-zwrotu or in another form in accordance with the Consumer Law
  4. Seller will promptly confirm to Consumer via e-mail (provided at the conclusion of the contract and other if provided in the declaration submitted) receipt of the declaration of withdrawal
  5. In case of withdrawal from the contract, the contract is considered not concluded
  6. Consumer is obliged to return the item to Seller immediately, but no later than 14 days from the day on which he withdrew from the contract To meet the deadline it is sufficient to return the item before its expiration
  7. Consumer shall send back the items that are the subject of the contract from which he has withdrawn at his own expense and risk
  8. Consumer does not bear the cost of providing digital content that is not recorded on a tangible medium, if he has not consented to the performance before the expiration of the deadline for withdrawal from the contract or has not been informed of the loss of his right of withdrawal at the time of giving such consent, or the trader has not provided confirmation in accordance with Art 15 (1) and 21 (1) of the Consumer Law
  9. Consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which results from using it in a manner beyond that necessary to ascertain the nature, characteristics and functioning of the thing
  10. Seller shall promptly, not later than within 14 days from the date of receipt of Consumer's statement of withdrawal from the contract, return to Consumer all payments made by Consumer, including the costs of delivery of the item, and if Consumer has chosen a delivery method other than the least expensive one offered by Seller, Seller shall return all payments made by Consumerstrong>Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by Seller,Seller will not reimburse Consumer for the additional costs in accordance with Article 33 of Consumer Law
  11. The Seller shall refund the payment using the same method of payment used by the Consumer<, unless Consumer has expressly agreed to a different method of payment that does not incur any costs for him/her
  12. Seller may withhold reimbursement of the payment received from Consumer until it receives the item back or Consumer provides proof of return, whichever event occurs first
  13. Consumer in accordance with Article 38 of the Consumer Law is not entitled to withdraw from the contract:
  14. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
  15. in which the object of performance is a non-refabricated item, manufactured to the consumer's specifications or intended to meet the consumer's individualized needs;
  16. in which the object of performance is a perishable item or one with a short shelf life;
  17. in which the subject of performance is an item delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
  18. in which the object of performance are things which, after delivery, by their nature, are inseparably combined with other things;
  19. in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging is opened after delivery;
  20. delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
  21. o supply of daily newspapers, periodicals or magazines, except for a subscription contract
§5 Warranty
  1. Seller on the basis of Article 558§1 Civil Code completely excludes liability to Customers for physical and legal defects (warranty)
  2. Seller shall be liable to Consumer under the terms of Article 556 Civil Code and subsequent for defects (warranty)
  3. In the case of a contract with aConsumer, if a physical defect is discovered before the expiration of one year from the moment of issue of the item, it shall be deemed to have existed at the time when the danger passed to the Consumer
  4. Consumer if the thing sold has a advantage, it may:
    • submit a statement requesting a price reduction;
    • submit a statement of withdrawal from the contract;
    unless Seller promptly and without undue inconvenience to Consumer replaces the defective thing with a defect-free one or removes the defect However, if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with one free from defects or remove the defect, the Consumer shall not be entitled to replace the thing or remove the defect
  5. Consumer, may, instead of the repair of the defect proposed by Seller , demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by Consumer is impossible or would require excessive costs in comparison with the way proposed by Seller, while assessing the excessiveness of the costs, the value of the thing free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which Consumer would be exposed by another way of satisfaction
  6. Consumer may not rescind the contract if the defect is immaterial
  7. Consumer if the thing sold has a defect, he may also:
    • demand a replacement of the item with a defect-free item;
    • request the removal of the defect
  8. The Seller shall be obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer
  9. The Seller may refuse to satisfy the demand of the Consumer if bringing the defective thing into conformity with the contract in the manner chosen by the Buyer is impossible or in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs
  10. If the defective thing has been installed, Consumer may demand from Seller disassembly and reinstallation after replacement with a defect-free item or removal of the defect, but shall be obliged to bear part of the related costs exceeding the price of the sold thing, or may demand from Seller payment of part of the costs of disassembly and reinstallation, up to the amount of the price of the sold thing If Seller fails to perform the obligation, Consumer shall be entitled to perform these actions at the expense and risk of Seller
  11. Consumer who exercises warranty rights, is obliged at the expense of Seller to deliver the defective thing to the complaint address, and if, due to the nature of the thing or the manner of its installation, delivery of the thing by Consumer would be excessively difficult, Consumer shall be obliged to make the thing available to Seller at the place where the thing is located If Seller fails to perform the obligation, the Consumer shall be entitled to send the thing back at the expense and danger of Seller
  12. The cost of replacement or repair shall be borne by the Seller, except as described in §5 paragraph 10
  13. Seller is obliged to accept from Consumer the defective thing in case of replacing the thing with a defect-free one or withdrawing from the contract
  14. The seller will respond within fourteen days:
    • statements to request a price reduction;
    • statements of withdrawal from the contract;
    • request to replace an item with a defect-free item;
    • request to remove the defect
    Otherwise, it shall be deemed to have recognized the statement or demand of Consumer
  15. as legitimate
  16. The Seller will be liable under the warranty if a physical defect is discovered before the expiration of two years from the moment of release of the thing Consumer, and if the object of sale is a used item before the expiration of one year from the moment of issue of the item to Consumer
  17. A claim by Consumer for removal of a defect or replacement of a sold thing with a thing free from defects shall be time-barred after one year, counting from the date of discovery of the defect, however, not earlier than before the expiration of two years of the thing sold to Consumerfrom the moment of issue of the thing to Consumer, and if the object of sale is a used thing before the expiration of one year from the moment of issue of the thing to Consumer
  18. When the shelf life of an item specified by Seller or the manufacturer expires after two years from the moment of release of the item to the Consumer, Seller shall be liable under warranty for physical defects of that item found before the expiration of that period
  19. At the time limits specified in §5 points 15-17 Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the sold thing, and if Consumer demanded replacement of the thing with a defect-free one or removal of the defect, the time limit for filing a statement of withdrawal from the contract or reduction of the price shall begin when the time limit for replacement of the thing or removal of the defect expires without effect
  20. If one of the warranty rights is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which Consumer is entitled on this account shall be suspended until the final conclusion of the proceedings Accordingly, it shall also apply to mediation proceedings, whereby the time limit for exercising other warranty rights to which Consumer is entitled shall begin to run from the date of the court's refusal to approve the mediated settlement or the ineffective termination of mediation
  21. For the exercise of warranty rights forlegal defects of the sold thing, §5 points 15-16 shall apply, except that the running of the time limit shall begin from the day on which the Consumerhas learned of the existence of the defect, and if Consumer has learned of the existence of the defect only as a result of an action by a third party - from the date on which the judgment issued in the dispute with the third party has become final
  22. If, due to a defect in the thing, Consumer has made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he entered into the contract without knowing of the existence of the defect, even if the damage is a consequence of circumstances for which the Seller is not responsibleSeller is not responsible, and in particular may demand reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of the goods, reimbursement of the expenditures made to the extent that he did not benefit from them and did not receive reimbursement from a third party, and reimbursement of the costs of litigation This is without prejudice to the provisions on the obligation to compensate for damages under general rules
  23. The expiration of any time limit for the discovery of a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect
  24. Seller insofar as it is obliged to provide a performance or financial benefit to Consumer shall perform it without undue delay, no later than the date provided by law

§6 Order lead time

The total waiting time for the Customer to receive the Goods (delivery time) consists of the time for the Seller to prepare the order for shipment and the time for the carrier to deliver the Goods The time of preparing an order for shipment by Seller is calculated from the moment of concluding the Contract until the moment of sending the shipment containing the Goods and amounts to a maximum of 1-2 business days (days from Monday to Friday excluding holidays) To the above time should be added the time of delivery of the Goods by a given carrier, which depends on the form of delivery chosen by Customer and is presented each time on the subpage of the given Goods and in the tab

    1. The average lead time for delivery via courier service is 1-2 business days
    2. Seller informs on the website of the Online Store about temporary restrictions on the delivery of the Goods before the conclusion of the Contract
Seller
    informs on the website of the Online Store about temporary restrictions on the delivery of the Goods before the conclusion of the Contract
  1. The lead time of the remanufacturing service is calculated from the date of receipt of the product for remanufacturing Customer is obliged to send the item
  2. Refurbishment lead times are specified on individual product cards and depend on the number of orders The current waiting time is specified on the individual order card which is received by Customer via e-mail at the time of receiving the battery for regeneration
  3. Reclamation lead time may be extended in case of damage to electronic components sent by Customer batteries
  4. Duration of the regeneration service is counted from the date of receipt of the product for regeneration. The customer is required to ship the item
  5. The regeneration time is specified on individual product cards and depends on the number of orders. The current waiting time is specified on the individual order card that the Customer receives by e-mail at the time of receiving the battery for regeneration
  6. The regeneration time may be extended in the event of damage to the electronic components of the batteries sent by the customer.
§7 Privacy Policy and Personal Data Security
  1. The administrator of the personal databases submitted by Consumers of the Store is the Seller
  2. Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002 Buyer by providing his/her personal data to Seller when placing an order, agrees to their processing by Seller for the purpose of fulfilling the order placed Buyer has at any time the ability to inspect, correct, update and delete his personal data
  3. Detailed rules for the collection, processing and storage of personal data used to fulfill orders by store are described in the Privacy Policy, which can be found at: https://lupo-baterie.pl/pl/content/7-polityka-prywatnosci
§8 Final Provisions
  1. No provision of these terms and conditions is intended to violate the rights of Buyer Neither can it be interpreted in this way, because in the event of inconsistency of any part of the regulations with the applicable law Buyer declares absolute compliance and application of this law in place of the challenged provision of the regulations
  2. Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail indicated at registration or ordering) The notification will be sent at least 30 days before the new regulations take effect Changes will be made to adapt the regulations to the current state of the law
  3. The current version of the terms and conditions is always available to the Buyer in the terms and conditions tab (https://lupo-baterie.pl/pl/content/3-regulamin-sklepu) During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the terms and conditions accepted by him/her when placing the order Except when Consumer considers it less favorable than the current one and informs Seller of the choice of the current one as applicable
  4. In matters not covered by these Regulations, the relevant applicable legal regulations shall apply Disputes, if Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection or trial before an arbitration court at the Provincial Inspectorate of Trade Inspection or through equivalent and lawful methods of pre-court or out-of-court dispute resolution indicated by Consumer As a last resort, the case shall be resolved by a court of local and material jurisdiction
Version 125 (Poznan, June 28, 2016)

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