Terms and Conditions

Terms and Conditions of the linska.pl Online Store

TABLE OF CONTENTS

§ 1. Definitions

§ 2. General provisions

§ 3. Technical requirements

§ 4. User Account

§ 5. Promotional campaigns

§ 6. Placing Orders

§ 7. Payment methods Prices for ordered goods

§ 8. Order fulfillment

§ 9. Personalized orders

§ 10. Withdrawal from contract

§ 11. Complaints based on warranty

§ 12. Out-of-court methods of handling complaints and pursuing claims

§ 13. Final provisions

§ 1. Definitions

  1. Business Day – weekdays from Monday to Friday excluding statutory holidays.
  2. Registration Form – a form available in the Online Store enabling the creation of a User Account.
  3. Order Form – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic cart and specifying the conditions of the Sales Agreement, including delivery and payment methods.
  4. Client/Buyer – shall mean a natural person who has attained the age of 13, provided that where such person has not attained the age of 18, the consent of his or her legal representative is required, unless such person has full legal capacity; as well as a legal person or an organizational entity without legal personality, which is granted legal capacity under applicable law, making use of the Online Store, in particular one who, in accordance with these Terms and Conditions, places an order through the Online Store.
  5. Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
  6. Consumer Rights Act – the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item 827 as amended).
  7. User Account/Account – Electronic Service, a collection of resources in the Service Provider’s ICT system identified by an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
  8. Illegal content – information that, either in itself or by reference to an activity, including the sale of Products or provision of Electronic Services, is not in accordance with European Union law or the law of any Member State that is in accordance with European Union law, regardless of the specific subject or nature of that law.
  9. Goods – movable property available in the Online Store that is the subject of the Sales Agreement between the Client and the Seller.
  10. Personalized items – products offered in the Store that have been made, modified or customized according to the individual requirements of the Buyer (by changing length, size, color). Personalized items are made to individual order of the Buyer and are not available in the standard offer of the Online Store.
  11. Promotional campaign – promotion, sale or price reduction of goods using a discount code taking place on the “Linska” Online Store website.
  12. Terms and Conditions – these Terms and Conditions of the Online Store.
  13. Online Store – the Service Provider’s online store available at: www.linska.pl.
  14. Seller – Zuzanna Zielińska conducting business under the name Linska Zuzanna Zielińka, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economic affairs, having: business address ul. Pawia 4/9, 80-626 Gdańsk, delivery address: ul. Pawia 4/9, 80-626 Gdańsk, NIP 9571184883, REGON 540957694, email address: biuro@linska.pl.
  15. Consumer – a Client who is a natural person making a legal transaction with Linska not directly related to their business or professional activity, in particular, who places an order in the Store.
  16. Privileged Buyer – Consumer or Privileged Entrepreneur.
  17. Privileged Entrepreneur – a client as a natural person entering into a contract with the Seller directly related to their business activity, but not having a professional character for them.
  18. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
  19. Order – the Customer’s declaration of intent, submitted via the Online Store, specifying: the type and quantity of goods available in the Online Store’s assortment at the time of placing the order, the method of payment, the method of delivery of the goods, the place of delivery of the goods, and the Customer’s data, constituting the Customer’s offer to conclude a sales agreement via the Online Store for the goods covered by the order.

§ 2. General provisions

  1. These terms and conditions define the rules for using the online store operating under the domain https://www.linska.pl/
  2. The store owner is the Seller.
  3. The Seller’s postal address is ul. Pawia 4/9, 80-626 Gdańsk, email address: biuro@linska.pl.
  4. Using the store is equivalent to accepting these Terms and Conditions. The Buyer is obliged to read its content before making a purchase.
  5. A Client using the Online Store is obliged to:
    1) use the Online Store in accordance with applicable law and the provisions of these Terms and Conditions,
    2) use the Online Store in accordance with good practices and with respect for the personal rights of other entities,
    3) not provide or transmit unlawful content,
    4) use the Online Store in a way that does not disrupt its functioning,
    5) use all content posted within the Online Store only for personal use,
    6) not undertake activities involving sending or posting unsolicited commercial information (spam) within the Online Store.
  6. To ensure the security of messages and data transmitted in the Online Store, the Seller takes technical and organizational measures appropriate to the level of threat, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet. The Seller ensures the security of data transmission in the Online Store.
  7. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Client using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (contract conclusion and statutory obligations of the Seller).

§ 3. Technical requirements

    1. For proper functioning of the Store, the following are needed:
      a. Device with Internet access,
      b. Web browser supporting JavaScript and cookies.
    2. To place an order in the Store, in addition to the requirements specified above, an active email account is necessary.
    3. When using solutions that block the display of advertisements on websites, the Store may operate with limited functionality.

§ 4. User Account

GENERAL CONDITIONS OF USER ACCOUNT:

  1. The My Account service consists of enabling Clients to use the online store functionality after logging in.
  2. Creating an Account is completely voluntary and depends on the Buyer’s will.
  3. The Account gives the Buyer additional possibilities, such as: browsing the history of orders placed by the Buyer in the Store, the ability to download files such as purchase confirmation, billing addresses and shipping addresses, checking order status or independent editing of Buyer data.
  4. To create an Account, you need to fill out the appropriate form in the Store.
  5. At the moment of creating an Account, an indefinite-term contract is concluded between the Buyer and the Seller regarding Account management on the terms specified in the Terms and Conditions.
  6. The Buyer may resign from the Account at any time without incurring any costs.
  7. To resign from the Account, you need to send your resignation to the Seller at the email address: biuro@linska.pl, which will result in immediate deletion of the Account and termination of the contract regarding Account management.
  8. For proper functioning and creation of an Account, the following are needed:
    a. active email account,
    b. device with Internet access,
    c. web browser supporting JavaScript and cookies.
  9. Complaints regarding Account functioning should be directed to the email address: biuro@linska.pl, complaint resolution by the Seller will take place within 14 days.
  10. W przypadku gdy postępowanie reklamacyjne nie przyniesie oczekiwanego przez składającego rezultatu, Kupujący Uprzywilejowany może skorzystać m.in. z:
    a. mediacji prowadzonej przez właściwy terenowo Wojewódzki Inspektorat Inspekcji Handlowej, do którego należy się zwrócić z wnioskiem o mediację. Co do zasady postępowanie jest bezpłatne. Wykaz Inspektoratów znajduje się tutaj: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    b. pomocy właściwego terenowo stałego polubownego sądu konsumenckiego działającego przy Wojewódzkim Inspektoracie Inspekcji Handlowej, do którego należy złożyć wniosek o rozpatrzenie sprawy przed sądem polubownym. Co do zasady postępowanie jest bezpłatne. Wykaz sądów dostępny jest pod adresem: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    c. bezpłatnej pomocy miejskiego lub powiatowego rzecznika Konsumentów;
    d. internetowej platformy ODR dostępnej pod adresem: http://ec.europa.eu/consumers/odr/.

PERSONAL DATA:

  1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and Council (EU) – “GDPR”.
  2. Providing data by the Buyer is voluntary, but at the same time necessary for Account management. Not providing data means that the Seller will not be able to provide the Account management service.
  3. Buyer data will be processed until:
    a. the possibility of pursuing claims by the Buyer or Seller related to the Account ceases;
    b. the Buyer’s objection to the processing of their personal data is accepted – in case the basis for data processing was the Seller’s legitimate interest
    – depending on what applies in a given case and what occurs latest.
  4. The Buyer has the right to request:
    a. access to their personal data,
    b. their correction,
    c. deletion,
    d. restriction of processing,
    e. data portability to another administrator
    as well as the right to: object at any time to data processing for reasons related to the Buyer’s particular situation – regarding the processing of their personal data based on Art. 6 para. 1 lit. f GDPR (i.e., on legally justified interests pursued by the administrator). To exercise their rights, the Buyer should contact the Seller.
  5. In case the Buyer considers that their data is processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office.

RESERVATIONS:

  1. It is forbidden for the Buyer to provide unlawful content.
  2. The contract regarding Account management is concluded in Polish.
  3. In case of important reasons mentioned in para. 4, the Seller has the right to change these Account Terms and Conditions.
  4. Important reasons mentioned in para. 3 are:
    1. the need to adapt the Store to legal provisions applicable to Store operations,
    2. improving the security of the provided service,
    3. changing Account functionality requiring modification of Account Terms and Conditions.
  5. The Buyer will be informed about the planned change to Account Terms and Conditions at least 7 days before the change comes into effect via email sent to the address assigned to the Account.
  6. In case the Buyer does not accept the planned change, they should inform the Seller by sending an appropriate message to the Seller’s email address biuro@linska.pl, which will result in termination of the contract regarding Account management from the moment the planned change comes into effect or earlier if the Buyer requests so.
  7. In a situation where the Buyer does not object to the planned change until it comes into effect, it is assumed that they accept it, which does not constitute any obstacle to terminating the contract in the future.
  8. In case of a potential dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court competent for the Seller’s registered office.
  9. None of the provisions of these Terms and Conditions excludes or in any way limits the rights of Privileged Buyers arising from legal provisions.

§ 5. Promotional campaigns

  1. On the Linska Online Store website, promotions, sales or price reductions of goods using discount codes may be organized.
  2. Promotional offers may include, in particular:
    a. Granting a fixed amount or percentage discount on a specific product or product category in the Online Store,
    b. granting a fixed amount or percentage discount on the cheapest product(s) when purchasing a specified quantity of products in the Online Store,
    c. granting a fixed amount or percentage discount on products included in a set, purchased in the Online Store.
  3. The discount is calculated from the gross value of the Goods.
  4. A promotional campaign cannot be combined with other promotional campaigns, unless explicitly stated otherwise in the detailed conditions of a specific promotional campaign. The above, in particular, means that promotional goods cannot be previously discounted goods, goods subject to sale for which a discount was granted under another promotional campaign (unless explicitly stated otherwise in the detailed conditions of a given promotional campaign).
  5. The discount value (granted under a given promotional campaign) is not exchangeable for funds. Participation in a promotional campaign is determined by the date of placing the order in accordance with these Terms and Conditions.
  6. Promotional campaigns may be valid for a specified time, until revoked or until the pool of goods is exhausted.
  7. Detailed conditions of promotional campaigns are announced before the start of a given promotion on the Linska Online Store pages.
  8. Promotional campaigns are part of marketing activities conducted by Linska, aimed at promoting Linska products.

§ 6. Placing Orders

  1. The Customer may purchase goods available in the Online Store’s assortment by placing an Order on the Website. Orders can be placed twenty-four hours a day, seven days a week through the Website https://linska.pl/
  2. An essential element of the Order placement procedure is the Client’s familiarization with and acceptance of these Terms and Conditions, which the Client confirms by checking the appropriate box before finalizing the Order.
  3. Failure by the Customer to accept these Terms and Conditions during the Order placement procedure makes it impossible to purchase goods through the Online Store.
  4. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
  5. A Client who has registered a Client Account in the Online Store may place an Order using the Client Account after logging into the Online Store.
  6. The Client may make a purchase without registration by providing their data with each potential order
  7. Prices of goods presented on the Online Store websites are expressed in Polish zloty and are gross prices, i.e., they include taxes, including goods and services tax (VAT). Prices given on the Online Store websites refer to one piece of goods.
  8. The binding and final price is the price given in the “Cart” in the Order summary at the moment of placing the Order by the Client through the Online Store.
  9. The selected goods for purchase should be added to the cart in the Store.
  10. Then the Buyer selects from those available in the Store: the delivery method for the goods and payment method for the order, and also provides data necessary to fulfill the placed order.

§ 7. Payment methods Prices for ordered goods

  1. The Buyer may choose the following forms of payment for Goods: online payment service “Przelewy24”, BLIK, Paypal.
  2. The “Przelewy24” service enables payment processing via credit card or fast online bank transfer. By choosing this payment option, you will be automatically redirected to the Przelewy24.pl system.
  3. When making a payment via online bank transfer, after selecting your bank, you must log in using your online banking credentials and confirm the payment. List of banks supported by the Przelewy24.pl service: https://ekspres.przelewy24.pl/ .

§ 8. Product Delivery Methods

  1. Products ordered through the Online Store are delivered within the European Union.
  2. Currently available delivery methods are:
    a. Delivery via InPost courier
    b. Delivery via InPost parcel locker
  3. Delivery costs are presented for selection at the beginning of the order placement procedure, before placing the order.
  4. Products ordered through the Online Store are delivered to the location specified by the Customer in the order on business days.
  5. The order fulfillment time for orders placed through the Online Store is 14 business days from the day Linska receives confirmation of proper payment execution by the payment processing entity.

§ 9. Personalized orders

  1. The Buyer has the option to personalize their order.
  2. Order personalization involves modifying the product length.
  3. To personalize, the Buyer should select the “personalize” option when placing the order and then provide the product dimensions.
  4. Due to the nature of Personalized Items and the fact that they are made specifically for the Customer – based on Article 38, paragraph 3 of the Consumer Rights Act – they cannot be returned or exchanged, therefore the right to withdraw from the contract does not apply in this case. Consequently, § 11 of these Terms and Conditions will not apply to personalized items.

§ 10. Withdrawal from contract

  1. A privileged buyer may withdraw from the Sales Agreement within 14 days without stating a reason
  2. The privileged Buyer has the right to withdraw from the contract concluded with the Seller within 14 days from the day of receiving the shipment, therefore the withdrawal period from the Sales Agreement begins from the moment the privileged Buyer takes possession of the goods. If the privileged Buyer designates a third party, other than the carrier, authorized to take possession of the goods, the withdrawal period from the Sales Agreement begins from the moment that person takes possession of the goods.
  3. A Privileged Buyer may withdraw from the Sales Agreement by informing the Store of their decision to withdraw from the agreement through an unambiguous statement, for example by sending a written statement to the store’s email address: biuro@linska.pl or to the address: Zuzanna Zielińska Linska, ul. Pawia 4/9, 80-626 Gdańsk.
  4. A return form must be attached to the returned product, containing information such as: personal data, order number, bank account number.
  5. A Privileged Buyer may use the return form template, which constitutes Appendix No. 1 to these Terms and Conditions, however this is not mandatory, they may use the withdrawal form template available on the Office of Competition and Consumer Protection website at: https://prawakonsumenta.uokik.gov.pl/formularze/ It is important that the form contains elements that can identify the returned goods with the order.
  6. To meet the deadline specified in paragraph 1, it is sufficient to send the withdrawal statement before its expiration.
  7. In case of withdrawal from the Sales Agreement, it is considered not concluded.
  8. If the privileged Buyer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
  9. When returning a product, it should be in undamaged, unused, unsoiled condition with all attached tags. If the returned product shows signs of use, the Seller may not accept the return.
  10. If the 14-day return period is not observed, the return will not be accepted, and the shipment will be sent back at the buyer’s expense to the address provided in the return form.
  11. The Store is not responsible for incorrectly written address details by the Customer when sending the return shipment. If the shipment is not delivered to the specified address during the contract withdrawal period due to an incorrect address, deadline exceeded, or other failures on the Customer’s part, the return will not be accepted.
  12. Information regarding returns, delivery costs, and settlement rules are available in the Terms and Conditions and may be updated in accordance with applicable consumer law.
  13. The privileged Buyer is obligated to promptly, no later than within 14 days from the day they withdrew from the Sales Agreement, return the product to the Seller at the Seller’s address or hand it over to a person authorized by the Seller for collection, unless the Seller proposed to collect the product themselves.
  14. The Seller is obligated to promptly, no later than within 14 days from the day of receiving the withdrawal statement from the Sales Agreement submitted by the privileged Buyer, return the payments made by them. The Seller makes the payment refund using the same payment method used by the privileged Buyer unless they explicitly agreed to a different refund method that does not involve any additional costs for the Seller. This provision applies when the privileged Buyer returned the Product within 14 days from the day they withdrew from the Sales Agreement.
  15. The privileged Buyer is responsible for the decrease in the Product’s value resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
  16. The right of withdrawal does not apply to the privileged Buyer, among others, in relation to contracts:
    – for the provision of services for which the consumer is obligated to pay a price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the entrepreneur fulfills the service, they will lose the right to withdraw from the contract, and acknowledged this;
    – in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline for withdrawing from the contract;
    – in which the subject of performance is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy their individualized needs;
    – in which the subject of performance is a product that deteriorates quickly or has a short shelf life;
    – in which the subject of performance is a product delivered in sealed packaging, which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging was opened after delivery;
    – in which the subject of performance are products that, after delivery, due to their nature, become inseparably connected with other products;
  17. The Seller continuously takes actions to ensure that product photos on the Website are a reliable reflection of the offered products, including using technological solutions aimed at minimizing inaccuracies. Some discrepancies may always appear due to different resolutions or technical settings on a given device. Therefore, the Seller is not responsible to the extent permitted by law for any inappropriate graphic presentation of products displayed on the Website due to the above-mentioned technical reasons, as such presentations serve an illustrative function only.
  18. In case of a product defect that was noticed during order packaging – the store reserves the right to cancel the order and refund the money to the customer’s account.

§ 11. Complaints based on warranty

  1. The basis and scope of the Seller’s liability towards the Customer, if the sold Item has a physical or legal defect (warranty) are defined in the provisions of the Consumer Rights Act and the Civil Code Act, particularly in Article 556 and subsequent articles of the Civil Code.
  2. Using the warranty, the privileged Buyer may, on the principles and within the deadlines specified in the Civil Code and the Consumer Rights Act:
    a. submit a statement about price reduction,
    b. in case of a significant defect – submit a statement about withdrawing from the contract,
    c. demand replacement of the item with one free from defects,
    d. demand defect removal.
  3. The Seller requests that warranty-based complaints be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions.
  4. If it turns out that for complaint consideration it is necessary to deliver the complained product to the Seller, the Buyer is obligated to deliver this product, in the case of a privileged Buyer at the Seller’s expense, to the address ul. Pawia 4/9, 80-626 Gdańsk.
  5. Complaints regarding the Store’s operation should be directed to the email address specified in § 2 of the Terms and Conditions.
  6. Complaint consideration by the Seller will take place within 14 days.

§ 12. Out-of-court methods of handling complaints and pursuing claims

  1. If the complaint procedure does not yield the result expected by the Consumer, the Consumer may, among other things, use:
    a. mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    b. assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    c. free assistance from a municipal or district consumer ombudsman;
    d. the online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 13. Final provisions

  1. In case of changes to these Terms and Conditions, orders are fulfilled based on the Terms and Conditions in effect on the day the order was placed.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of order fulfillment.
  3. Contracts concluded based on these terms and conditions are concluded in Polish.
  4. In case of a potential dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the Seller’s registered office.
  5. None of the provisions of these terms and conditions excludes or in any way limits the Consumer’s rights arising from legal provisions.

Forms for Download:

📎 Download return form (.docx)

Complaint forms: