STATUTE

Last update 16/08/2024
The LOVE ON THE SNOW online store belongs to LOTS Joanna Kołodziejczak, registered at ul. Leszczyńska 4/34, 00-339 Warsaw, NIP no. 952 147 25 45, REGON: 141027277 and sells women's underwear.
Unless other rules are negotiated in writing, the procedure for purchasing and any return or complaint of products offered in the online store at www.loveonthesnow.com/sklep is governed by the following regulations.

CORRESPONDENCE ADDRESS:
LOTS ul. Leszczyńska 4/34
00-339 Warsaw
e-mail: sklep@loveonthesnow.com
tel.: +48 604 94 21 22

§ 1 Definitions
For the purposes of these regulations, the following definitions of the terms below apply:

1. Agreement – ​​an agreement concluded outside the entrepreneur’s premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
2. Seller – LOTS Joanna Kołodziejczak, ul. Leszczyńska 4/34, 00-339 Warsaw, NIP (Taxpayer’s Identification Number): 952 147 25 45, REGON (National Business Registry Number): 141027277.
3. Shop – online shop available at www.loveonthesnow.com/sklep .
4. Buyer – an adult natural person, legal person or disabled legal person.
5. Consumer - a natural person concluding a sales contract with the Seller not directly related to his or her business or professional activity.

§ 2 General provisions

1. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.
2. Through the Store, the Seller conducts retail sales and at the same time provides Buyers with services electronically.
3. Through the Store, the Buyer can purchase products presented in the "Shop" tab.
4. The sales agreement is concluded in Polish, in accordance with Polish law and these regulations.
5. To use the Store and make a purchase you need:
   1. Internet access,
   2. standard operating system,
   3. standard web browser,
   4. having an active email address.

1. The Buyer cannot make a purchase in the Store anonymously or under a pseudonym. The required data is: name and surname, delivery address, telephone number and e-mail address to which the confirmation of the Purchase will be sent.
2. It is prohibited to provide illegal content when using the Store, in particular by sending such content via the forms available in the Store.
3. All product prices listed on the Store's website are gross prices and include VAT.
4. The Seller reserves the right to change product prices due to promotional campaigns.
5. Prices do not include shipping costs, which are detailed in the order summary and depend on the selected shipping option and where the products are shipped.
6. When placing an order, the Buyer is obliged to read and accept the Store Regulations. In case of any doubts, please contact the Store at: sklep@loveonthesnow.com .

§ 3 Services provided electronically

1. Through the Store, the Seller provides services to the Buyer electronically.
2. The basic service provided electronically to the Buyer by the Seller is enabling the Buyer to place an order in the Store. Placing an order is possible without having to create an account in the Store.
3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting of setting up and maintaining an account in the Store. The account stores the Buyer's data and the history of orders placed by them in the Store. The Buyer logs into the Account using their e-mail address and a password they have defined.
4. The creation of an account in the Store is done by filling in and sending, using the automatic mechanism of the Store, a registration form. At the moment of sending the registration form, an agreement is concluded between the Buyer and the Seller for maintaining an account in the Store. The agreement is concluded for an indefinite period, and the Buyer may terminate this agreement with immediate effect at any time by deleting the account.
5. The agreement on maintaining an account in the Store may also be terminated by the Seller with immediate effect if the Buyer uses the Store in a manner contrary to the law, good practices or the Regulations, and in particular when the Buyer:
   1. uses the Store in a way that disrupts the functioning of the Store,
   2. uses the Store in a way that makes it difficult for other users to use the Store,
   3. provided false personal data in the account,
   4. sends illegal content via the forms available in the Store, in particular content that is vulgar, offensive, discriminatory, inciting aggression or hatred.

1. Services are provided electronically to the Buyer free of charge. However, sales agreements concluded via the Store are subject to payment.
2. In order to ensure the Buyer's safety and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
3. The Seller takes steps to ensure the Store is fully operational. The Buyer should inform the Seller of any irregularities or interruptions in the Store's operation.
4. Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the e-mail address sklep@loveonthesnow.com. In the complaint, the Buyer should provide the name and surname, correspondence address, as well as the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about its resolution to the e-mail address of the person submitting the complaint.

§ 4 Placing an order

1. The buyer can place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Store. The Buyer can set up an account when placing an order.
3. In order to place an order, the Buyer is obliged to take the following steps:
   1. select the product that is the subject of the order and its size and add it to the cart,
   2. go to the basket view - check if the previously selected product in the selected size is there before finalizing the order
   3. log in to your account in the Store, create an account or continue without registration,
   4. complete the order form, going through the steps and providing the data necessary to complete the order,
   5. choose the delivery and payment method for your order,
   6. read and accept the Regulations - the Buyer accepts the Regulations only if he/she has read their content and actually accepts their provisions; acceptance of the Regulations is voluntary, but necessary to place an order,
   7. read the order summary and if everything is correct, proceed to payment.

If the Buyer has chosen the payment method for the order in the form of online payment, the Buyer will be transferred to the Tpay or PayPal transaction page. After making the payment, the Buyer will be redirected back to the Store's page with confirmation of placing the order. At this moment, the sales contract for the products covered by the order is considered to be concluded between the Buyer and the Seller.

1. If the Buyer has chosen the payment method of a traditional transfer, they will be redirected to the store's website with a thank you for the order, its number and transfer details. The sales agreement will be concluded after the funds have been credited to the Seller's account.
2. The seller reserves the right to cancel the order if it is not paid within three business days.
3. In the order form, the Buyer must provide true personal data. The Buyer is liable for providing false personal data. The Seller reserves the right to suspend the order in a situation where the Buyer has provided false data or when such data raises justified doubts of the Seller as to its correctness. In such a case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to verifying the truthfulness of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has contacted them.
4. The Buyer declares that all data provided by him in the order form is true, however the Seller is not obliged to verify their truthfulness and correctness, although he has such right.

§ 5 Delivery

1. The Buyer has the following options for delivering the order placed in the Store:
   1. Courier - delivery within Poland is carried out by InPost Kurier (approximate service completion time - 2 business days), within the EU and outside it by UPS (approximate service completion time - 2-5 business days).
   2. InPost Paczkomaty 24/7 collection point - delivery in Poland is carried out by InPost to the selected parcel locker.
   3. DPD Classic - delivery within the European Union (the shipping cost includes parcel insurance up to PLN 3,000).
   4. Shipping outside the EU is carried out by UPS/Fedex.

1. The cost of delivery is always presented during the ordering process and depends on the selected delivery option. This cost is borne by the Buyer, unless the Seller periodically specifies other conditions.
2. During pre-holiday and sale periods, delivery times may be slightly longer.

§ 6 Payment Methods

1. The buyer can choose from the following payment methods for ordered products:
   1. Online payments are made via Tpay. The Tpay payment system belongs to the company: Krajowy Integrator Płatności SA with its registered office in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, entered into the register of entrepreneurs maintained by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number 0000412357, NIP 7773061579, REGON 300878437, with the share capital of PLN 5,494,980 paid in full.
   2. Available payment channels:
      • Fast online transfers
      • BLIK
      • BLIK Pay Later
      • PayPo
      • Twisto
      • Alior Installments
      • Pekao Installments
      • cards** (including Visa, Mastercard)
      • Apple Pay and Google Pay e-wallets
   3. Traditional bank transfer to the Seller's bank account: LOTS Joanna Kołodziejczak mBank 61 1140 2004 0000 3402 7792 9483
   4. We accept payments in foreign currencies via PayPal. The service is provided by PayPal (Europe) S.à rlet Cie, SCA (RCS Luxembourg B 118 349) ("PayPal"). The service is provided to registered users in the European Economic Area.
   5. PayPal accepts payments in the following currencies: British Pounds, Euros, US Dollars, Canadian Dollars, Japanese Yen, Australian Dollars, Swiss Francs, Norwegian Kroner, Swedish Krona, Danish Krone, Polish Zloty, Hungarian Forint, Czech Koruna, Singapore Dollars, Hong Kong Dollars, New Zealand Dollars, Israeli New Shekels, Mexican Pesos, Argentine Pesos, Brazilian Reals, Philippine Pesos, Thai Baht and New Taiwanese Dollars.

2. Any refund will be made via the same channel through which the funds were transferred to the Seller's account or to the account specified in the return form.
3. The delivery time of the ordered product, indicated in its description, is counted from the moment the funds are credited to the Seller's account.
4. In the case of card payment, the order processing time indicated in the description of the ordered product is counted from the moment of obtaining positive transaction authorization.

§ 6 Order Fulfillment Procedure

1. After the Buyer places an order in accordance with the procedure described in § 4 of the Regulations, an order confirmation will be sent to the Buyer's e-mail address provided in the registration form.
2. The minimum possible order fulfillment time is always indicated in the product description. The actual time depends on the selected payment and delivery options.
3. If the order includes more than one product, the order processing time is the longest time indicated in the description of the product included in the order.
4. Fulfillment of the order begins after the Seller receives payment for the order. After receiving the payment, the Buyer will receive a message confirming acceptance of the order for fulfillment and the expected delivery date.
5. If the Buyer has chosen the payment method of a traditional bank transfer to the Seller's bank account, they are obliged to pay for the order within 3 working days from the moment of concluding the agreement. After this period, if the payment is not registered on the Seller's account, the order will be canceled. The Buyer will be informed by e-mail about the cancellation of the order.
6. Fulfillment of an order consists of its preparation for shipment to the Buyer. The order is considered fulfilled at the moment of preparation of the order for shipment. After the Seller hands over the order to the courier, the Buyer will receive information by e-mail that the order has been fulfilled.
7. If your parcel does not arrive within the estimated delivery date, please contact us at sklep@loveonthesnow.com or call +48 604 94 21 22.

§ 7 Consumer withdrawal from the contract

1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date on which the consumer or a third party indicated by him other than the carrier takes possession of the goods.
2. To withdraw from the contract, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal written statement by sending the completed return form to the following address: sklep@loveonthesnow.com .
3. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information concerning the exercise of the Consumer's right to withdraw from the contract before the deadline for withdrawal expires.
4. In the event of withdrawal from the contract, the Seller shall refund to the Consumer the costs of the returned goods received from the Consumer immediately, no later than 14 days from the day on which the Seller was informed of the exercise of the right to withdraw from the contract.
5. If the Seller has not offered to collect the goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the goods back or until the Consumer provides proof of sending them back, depending on which event occurs first.
6. The seller reserves the right to refuse to accept the return if he finds traces of use of the product. The consumer is responsible for the reduction in the value of the item resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item
7. The returned product must be sent back in its original packaging, with a hangtag, and in the case of panties - with an intact hygiene sticker, attaching the original proof of purchase (receipt or invoice).
8. The consumer bears the direct costs of returning the goods.
9. The provisions of the Consumer Act state that the Seller is obliged to refund the shipping costs previously incurred by the consumer if the buyer has chosen the cheapest possible method of delivering the goods. If the buyer has chosen a method of delivering the goods other than the cheapest offered by the seller, the Seller refunds the costs of delivering the ordered goods to him - up to the amount corresponding to the cheapest shipping option available in the given offer. In the case of orders with the option of shipping outside the European Union, the Seller refunds the value of the purchased goods to the Customer, while the cost of delivering the shipment to the Customer is not refundable.
10. If the product to be returned is sent outside the European Union and the return is also sent from outside the EU - the Customer is obliged to complete customs formalities - in the customs declaration, indicating that the shipment contains returned goods. The package must be accompanied by a customs clearance document and an invoice, on which the amounts and currency must match.
11. The free delivery offered by the Store should be treated as the cheapest standard way of delivering the goods. This means that if the Buyer returns the goods purchased during the period of the "free delivery" promotion in the Store for one of the delivery options, but chooses a different, more expensive delivery method, then in the event of withdrawal from the contract the Store is not obliged to refund the Buyer the delivery costs.
12. In the case of returns of only some of the purchased products, the shipping cost is not refunded. The cost of the FAST RETURNS InPost service offered by our store is PLN 15. This amount will be deducted from the amount refunded for your purchases.
13. If the Buyer decides to withdraw from the contract before receiving the goods, but the goods have been shipped in the meantime, in accordance with the regulations, we reserve the right to charge the Buyer for the shipping costs.
14. ADDRESS of the warehouse for returns: LOTS - PACKFULLY Grocholicka 2A 05-090 Raszyn

§ 8 Liability for defects

1. The Seller is obliged to deliver to the Buyer a product free from defects and consistent with the description and concluded agreement.
2. The Seller is liable to the Buyer if the product has a physical or legal defect (warranty for defects).
3. The scope and principles of liability (warranty) for defects from 01.01.2023 are regulated by the provisions of the Consumer Rights Act. Under the principles set out in these provisions, the Seller is obliged to remove the defect within a reasonable time or replace the defective goods with new ones. Subsequently, if the Seller refuses to replace or repair, the Buyer may, among other things, demand a price reduction or a refund.
4. The Seller is liable for defects in the goods for a period of up to 2 years from delivery of the goods to the Buyer.
5. If the Buyer finds a defect in the product, he or she should inform the Seller thereof, at the same time specifying his or her claim related to the defect found or by submitting a declaration of appropriate content.
6. The complaint letter should be sent electronically to the following address: sklep@loveonthesnow.com .
7. The complaint will be considered after inspection of the complained product, and the response with the decision to accept or reject the complaint will be provided in writing to the address from which the notification was sent, within 14 days of receiving the complained product. If the Buyer does not allow the receipt of the complained product on time - before the expiry of 14 calendar days - the Seller may reject the claim.
8. The cost of collecting the claimed goods from the Buyer is borne by the Seller. The Seller may use the InPost Quick Returns option for this purpose.
9. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint via the means of communication used to submit the complaint.
10. Any refund for the complained goods will be made no later than within 14 days from the moment the complained goods are delivered to the Seller.

§ 9 Personal data and cookies
The principles of personal data processing and the use of cookies are described in the privacy and cookies policy available at the links " Privacy Policy " and " Cookies Policy ".
§10
Extrajudicial methods of handling complaints and pursuing claims

1. The Seller agrees to submit any disputes arising from the concluded agreements to mediation. The details will be determined by the parties to the conflict.
2. The consumer has the option of using out-of-court complaint and claim settlement methods. Among other things, the consumer has the option of:
   1. to refer to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract,
   2. to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller,
   3. using the assistance of the district (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection.

1. More detailed information on out-of-court methods of handling complaints and pursuing claims may be found by the Consumer on the website www.polubowne.uokik.gov.pl .
2. The consumer may also use the ODR platform, which is available at ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or a service contract.

§ 11 Other provisions

1. The Seller reserves the right to introduce and withdraw offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change was made.
2. The Seller reserves the right to make changes to the Regulations. The Regulations in force on the date of conclusion of the contract shall apply to contracts concluded before the change to the Regulations.
3. Buyers who have an account in the Store will be notified of any change to the Regulations by e-mail to the e-mail address assigned to the account. In the event of non-acceptance of the content of the new Regulations, the Buyer has the right to terminate the account management agreement at any time by deleting the account or submitting an appropriate statement to the Seller, in any form, about the termination of the account management agreement.
4. These Regulations are effective from 22/10/2018.
5. Last update 16/08/2024