This document defines the general terms and conditions of sale at www.lacoste.sk (hereinafter referred to as "E-Shop"), which is owned and administered by Devanlay Polska Sp. z o.o. with its registered office in Warsaw (00-120 Warsaw), Złota 59 street, tax number: 7010341947, REGON: 146127374, registered in the register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division, under KRS number 0000419724, with the share capital of PLN 13,038,100.00; e-mail: email@example.com, (hereinafter referred to as "Devanlay")
Article 1 - Definitions
Unless otherwise stated, capitalised terms used in these Terms and Conditions shall have the meaning given to them in the Regulations being this document.
- Devanlay - Devanlay Polska Sp. z o.o. with its registered office in Warsaw (00-120 Warsaw), Złota 59 street, tax number: 7010341947, REGON: 146127374, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number 0000419724, with the share capital of PLN 13,038,100.00.
- Working days - weekdays from Monday to Friday, excluding public holidays.
- Delivery - an actual action which consists in Devanlay delivering to the Customer, through the Supplier, the Goods specified in the order.
- Supplier - an entity providing delivery services, with which Devanlay cooperates in the Delivery of Goods, i.e. General Logistics Systems Poland Sp. z o.o. with its registered office in Głuchowo (62-052), Tęczowa 10 street, entered into the register of entrepreneurs in the District Court in Poznań - Nowe Miasto and Wilda, VIII Commercial Department of the National Court Register, KRS No. 0000005009, NIP 7851561831, or PP (Poczta Polska) Spółka Akcyjna, Rodziny Hiszpańskich 8 street, 00-940 Warszawa tax number: 525-000-73-13, entered into the Register of Entrepreneurs of the District Court for the Capital City of Warsaw in Warsaw KRS: 0000334972 or INPOST PACZKOMATY Sp. z o.o. with its registered office in Kraków, address of the registered office of Wielicka 28 street, 30-552 Cracow, entered into the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Cracow, XI Economic Department of the National Court Register under KRS number 0000418380, tax number 6793081395,.
- Password - a sequence of letter, digital or other characters selected by the Customer during the Registration in the E-Shop in order to secure access to the Customer's Account created in the E-Shop.
- Customer - an entity with which a Sales Agreement may be concluded and/or for the benefit of which electronic services may be provided in accordance with the law and these Regulations. If the Customer is a natural person, he or she must be at least 18 years of age.
- Customer Account - a special account created by Devanlay for each Customer who has registered in the E-Store and concluded an agreement for the provision of the Customer Account service by Devanlay.
- Consumer - a natural person over 18 years of age who performs with an entrepreneur a legal action not directly related to his business or professional activity, referred to in Article 221 of the Civil Code.
- Login - the Customer's e-mail address constituting the Customer's individual designation, created by the Customer, consisting of a sequence of letter, digital or other characters required together with the Password to create the Customer's Account in the E-Store.
- Regulations - this document.
- Registration - an actual action described in the Terms and Conditions, performed by the Customer in order to use all functionalities available in the E-Shop.
- Goods - a product offered by Devanlay through the E-Shop that can be purchased by Customer under a Sales Agreement. Only original products are subject to the transaction.
- Sales Agreement - means a distance sales agreement concluded by the Customer and Devanlay on the basis of the terms and conditions described in these Terms and Conditions.
Article 2 - Principles of the functioning of the E-Shop
- These Regulations set out the rules of concluding a Sales Agreement through the E-Shop at the following address: www.lacoste.sk. Orders are accepted by www.lacoste.sk
- The exclusive right to run the E-Shop is vested in Devanlay.
- The use of the E-Store is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
- uses a web browser with Java Script support: Internet Explorer (version 8.0 or higher), Mozilla Firefox (version 22 or higher) or Google Chrome (version 27 or higher),
- has a minimum screen resolution of 1024 x 768 pixels and an e-mail account and Internet access.
- Images presented in the E-Shop as well as other forms of visualization and presentation of the Goods do not reflect their actual size, they are only informative in nature.
- Contact by the E-Shop is possible 24 hours a day, 7 days a week via e-mail address (firstname.lastname@example.org) or on Working Days under the phone number (+ 48 22 278 15 82) from 9.00 a.m. to 5.00 p.m. The Customer may contact the E-Shop by e-mail or using the contact form available in the E-Shop at https://www.lacoste.sk/contact
- Ordering Goods available in the E-Shop via the Internet is possible after registration by filling in the registration form available in the E-Shop (Purchases with Registration) or by providing the necessary personal data and address, enabling the finalisation of the contract (Purchase without Registration). Viewing the assortment of the E-Shop does not require registration.
- It is forbidden to post illegal content by Customer and use the E-Store or electronic services provided by Devanlay in a manner that is unlawful, good practices or infringes on the rights of third parties.
- The information contained in the E-Store does not constitute an offer of Devanlay within the meaning of the Civil Code, but only an invitation to Customers to submit offers in order to conclude a Sales Agreement.
- By placing an order, the Customer simultaneously declares that he or she is of legal age and has full capacity to perform legal acts (including the conclusion of contracts).
Article 3 - Customer Account
- The Customer may open an Account. Each Customer is entitled to have up to one Customer Account at a time. We reserve the right to delete multiple registrations. In order to open such an Account, the Customer must register free of charge. Registration will enable the customer to do so:
- entering, editing or deleting data, including delivery addresses;
- placing orders with the use of the data entered by the Customer;
- creating a shopping list;
- browsing order history;
- ordering and resigning from ordering a newsletter;
- using discount codes;
- making payments for orders on delivery;;
- using other functionalities made available to registered Customers.
- In order to register, it is necessary to read and accept the Regulations, provide personal data such as name, surname, e-mail address, password and other information, if necessary, and consent to the processing of personal data by the E-Shop, as well as to fill in the Devanlay registration form available in the E-Shop and send the complete form by e-mail to Devanlay by ticking the appropriate box on the form. During the Registration process, the Customer shall establish an individual Password.
- After submitting the complete registration form, an activation link will be sent to the Customer's e-mail address provided on the registration form. After clicking on the activation link, the Customer will be redirected to the login page in the E-Shop. At this moment, an agreement is concluded for the provision of electronic services in the scope of maintaining the Client's Account. This means that the Customer will receive access to the Customer Account and the right to modify the data provided during the Registration, excluding the right to modify the Login.
- The Customer Account created as a result of registration is kept for the Customer for an indefinite period of time. The Customer may resign from maintaining an account in the E-Shop and demand its removal at any time. No fees are charged for cancelling or removing the Customer Account.
- During the Registration process, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box in the registration form. In this case, Devanlay will indicate the purpose of collecting the Customer's personal data, as well as the known or anticipated recipients of such data.
- The Customer's consent to the processing of his or her personal data for marketing purposes does not condition the possibility of concluding an agreement with Devanlay for the provision of electronic services to maintain the Customer Account. The consent may be revoked at any time by filling in an appropriate statement by the Customer. The statement may be sent to Devanlay's address by e-mail.
- In order to remove the Customer Account from the E-Store, please contact Devanlay (+ 48 22 278 15 82) from 9.00 a.m. to 5.00 p.m. An instruction to remove the Customer Account shall be accepted for execution after confirmation that the person requesting the deletion is the holder of that account. Removal of the Customer Account shall take place within 14 days from the date of making the request and shall mean termination by the Customer of the agreement with the Company for provision of services by electronic means, the subject of which is maintaining the Customer Account.
- Devanlay shall be entitled to block the Client's Account in the cases provided for in the generally applicable provisions of law. Devanlay shall also be entitled to block the Customer's Account for important reasons, which are:
- violation by the Customer when using the E-Store of universally applicable provisions of law, rights of third parties (including in particular rights to intangible assets), personal rights of third parties or principles of social coexistence;
- other repeated (at least two times) breach by the Customer of the provisions of these Regulations;
- repeated (at least two times) orders of Goods payable by the Customer during the receipt of the subject of the order with false address data, making it impossible to find the addressee;
- persistent and repeated withdrawal from the agreement by the Customer on the terms set forth in § 9 of these Regulations, if the withdrawal is not justified by Devanlay's inability to carry it out in accordance with the order.
- The Customer shall be notified of the intention to block the Customer Account by e-mail to the e-mail address currently registered in the E-Shop. Blocking the account in accordance with the provisions of the preceding paragraph, shall mean termination of the agreement with the Customer for the provision of electronic services immediately.
- In the event that the Customer Account is blocked in accordance with paragraphs 8-9 above, any outstanding orders placed by the Customer shall be cancelled by Devanlay. Cancellation shall take place within 1 day of blocking the Customer Account. In such a case, if payment for the order has already been made, Devanlay shall return the entire amount paid to the Customer. The refund shall be made in accordance with generally applicable law.
Article 4 - Placing orders
- The Customer can place orders 24 hours a day, 7 days a week, however, orders are realized on Working Days between 10.00 and 14.00. Orders placed on Working Days until 14.00 are realized on the same day. Orders placed on Working Days after 14.00 hours and on days other than Working Days will be processed the next Working Day.
- Placing an order is treated as directing the Customer's offer to Devanlay to conclude a Sales Agreement for the Goods described in the order.
- Placing an order through registration (Purchases with Registration) means that the Customer places an order after logging in to the E-Shop, by adding the Goods to the basket and indicating the payment and delivery methods and data necessary to issue a VAT invoice, if requested to issue it, as well as any comments to the order, concerning the delivery address. If the Customer does not provide all the required information, he will not be able to place an order. Before placing an order, the Customer is informed about the total price for selected Goods, Delivery as well as about any additional costs which the Customer is obliged to incur on the basis of the Sales Agreement. In the case of Purchases with Registration, the Customer also gains access to additional options such as: history of orders, the ability to check at what stage is the last order placed, remembering shipping addresses, the ability to receive current information about products from the E-Store.
- Placing an order without registration (Purchase without Registration) means that the Customer places an order by adding the Goods to the basket and ticks the option "Order" indicating the method of payment, Delivery and other data necessary to conclude the contract, such as: name, date of birth, gender, telephone number, address, e-mail, data necessary to issue a VAT invoice, if such a request was made, as well as any comments to the order, concerning the delivery address. If the Customer does not provide all the required information, he will not be able to place an order. In the case of Purchases made without Registration, the Customer is obliged to read and accept the Terms and Conditions of the E-Shop, as well as agree to the processing of his personal data. After placing an order, Devanlay will send an order confirmation to the e-mail address provided by the Customer.
- The order process ends with both a Purchase with Registration and a Purchase without Registration when the option "Confirm order and pay" is checked. This action confirms that the order has been placed.
- The Customer will then receive a confirmation of acceptance of the order for processing to his or her e-mail address, together with a link to the current Regulations, which sets out Regulations of the Sales Agreement and is an integral part thereof, and then an individualised number of the order, which allows, among other things, to determine the status of the order. The information about accepting an order for processing does not mean that the order has been accepted by Devanlay, it is only a confirmation that Devanlay has received the Customer's order. Devanlay then needs time to process the order and prepare the Goods for shipment. The Customer shall receive an e-mail from Devanlay informing them that the order has been accepted together with shipment data ("Confirmation of Shipment"), which constitutes Devanlay's statement of acceptance of the offer referred to in Article 4.3 and 4.4 above. Upon receipt of the Confirmation of Shipment by Customer, a Sales Agreement shall be entered into.
- In the case of Purchases with Registration and Purchases without Registration, the Customer may agree to receive invoices in electronic form. Invoices shall be sent to the e-mail address indicated in the Customer Account or in the process of placing an order for Purchases without Registration. If the Customer does not agree to receive invoices by electronic means, invoices will be sent in the traditional form, i.e. paper along with the order.
- The payment instruction should be executed immediately after the order is placed. In case of failure to receive payment to the account of Devalnay or entities acting as intermediaries in the transaction (PayU service), the order is not considered properly placed, the agreement will not be concluded and the order will not be completed. In such a situation, the order can be placed again.
- After clicking the "Confirm order and pay" button, the Customer selects one of the currently available payment methods on the website www. lacoste.sk:
- via PayU,
- by credit card,
- payment on delivery, provided that this option is only available for Purchases with Registration.
- Devanlay reserves the right to limit the delivery and payment methods to the Customer who:
- has not collected at least three times the object of the order delivered via the Polish Post, payable on delivery, within 14 days from the date of delivery to the appropriate Polish Post office;
- has more than two orders awaiting collection at a designated Polish Post office, a parcel machine or courier.
- In the case of both Purchases with Registration and Purchases without Registration, after conclusion of the Sales Agreement, Devanlay confirms to the Customer the terms and conditions of the Sales Agreement by sending them to the Customer's e-mail address indicated by the Customer during Registration (Purchases with Registration) or placing an order (Purchases without Registration).
- At each stage of placing an order, until the time of payment, you can cancel the order by stopping the next steps and going out of the subpage used to place orders. The order, the process of which will not be completed by the Customer until the end of the ordering process, will not be completed.
- The Customer order is also recorded and stored by Devanlay. Accounting documents confirming the Sales Agreement made via our website www.lacoste.sk are kept for 5 years.
- Devanlay may contact the Customer at the e-mail address provided by the Customer or by telephone, at the contact telephone number indicated by the Customer, in order to clarify doubts, confirm the order or in other matters related to the execution of the order.
Article 5 - Payments
- Prices of Goods available in the E-Shop are given in EUR and include VAT. Prices do not include information about additional costs (e.g. Delivery and other costs) to be incurred by the Customer in connection with the Sales Agreement. When choosing the Delivery method until the time of placing an order, the Customer will be informed about the additional costs, subject to Article 6 paragraph 14. The price of each Merchandise is binding at the time of placing the order by the Customer.
- In the case of Purchases with Registration, the Customer may make a payment by choosing one of the currently available options on the website www. lacoste.sk:
- payment upon receipt of the Goods - after delivery by the Polish Post Office or courier company - in cash (only on the territory of Poland). In this case, the realization of the order will be commenced after the Customer receives confirmation of the order acceptance in the E-Shop;
- before receipt of the Goods (payment in advance - only in the territory of Poland), one of the electronic payment systems accepted at a given moment by Devanlay, in case of receipt of the Goods, in the InPost Parcel Machine or selection of delivery of the Goods to the indicated address by the Polish Post or courier company.
- In the case of Purchases without Registration, the Customer may pay only prior to receipt of the Goods - by bank transfer or credit card indicated each time by Devanlay at www.lacoste.sk, one of the electronic payment systems accepted by Devanlay at any given time. In this case, the order will be processed after the Company receives confirmation of correct payment execution by the entity making the payment.
- Devanlay accepts the PayU payment system operated by PayU SA with its registered office in Poznań 60-166 Poznań, at 186 Grunwaldzka Street, a national payment institution supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000274399, with a share capital of 4.944,000 PLN, fully paid up, with tax number: 779-23-08-495, REGON 300523444 (in this case, the execution of the order will be commenced after Devanlay sends the Customer a confirmation of order acceptance and after Devanlay receives information from PayU about the payment made by the Customer).
- Devanlay reserves the right to change the prices of the Goods, to introduce and cancel promotions, to introduce new Goods as well as to make changes in the range of Goods. All orders made before the date of introduction of the above changes shall be processed on the basis of the current rules.
- Promotions in the E-Store are not merged, unless the provisions of the promotion provide otherwise.
Article 6 - Implementation and delivery dates
- Orders are processed on condition that the payment is received by the E-Store, subject to the choice of payment on delivery.
- Goods may be delivered only on the territory of the Republic of Poland.
- Goods sold in the online store are available.
- In exceptional situations, e.g. in the case of simultaneous placing an order for the same Goods by many Customers, it may happen that the Goods will not be available. In such a situation, the Client will be informed about the lack of possibility to complete the order.
- In the absence of the Goods in stock or inability to realize the order for another reason, the Customer will be informed by e-mail or telephone about problems with the implementation of the order and possible solutions.
- Goods being the subject of the Sales Agreement should be delivered without defects.
- The execution of the order shall commence at the moment indicated in Article 5(3) or (4) respectively.
- When placing an order, the Customer shall be informed about the Working Days necessary for Delivery and order completion.
- Delivery of the Goods shall take place within 2-4 Business Days from the Confirmation of Shipment.
- Devanlay is obliged to deliver through the Supplier the Goods ordered by the Customer to the address indicated in the registration form (Purchases with Registration) or at the time of placing the order (Purchases without Registration). The Customer is obliged to provide a correct (current) and accurate address to which the Goods are to be delivered, as well as a telephone number to contact you to receive the Goods. In the event that the Customer provides an incorrect or inaccurate address, Devanlay shall not be liable to the fullest extent permitted by law for non-delivery or delay in delivery of the Goods, if for the above reason, despite the diligence of Devanlay and the courier company, delivery of the Goods or timely delivery of the Goods proves impossible.
- On the date of shipment of the Goods, the Customer shall be informed by e-mail.
- The Customer is obliged to examine the delivered Goods in due time and in the manner accepted for such shipments in the presence of an employee of the Supplier. In the event that a shipment is found to be defective or damaged, the Customer shall be entitled to demand that an employee of the Supplier write a proper protocol.
- Devanlay will attach a receipt to each shipment as proof of payment. Devanlay shall issue a VAT invoice at the Customer's request and after providing the necessary data, and attach it to the shipment, subject to Article 4.7 of these Regulations. Devanlay is not responsible for providing incorrect Customer data.
- The cost of Delivery of the Goods shall be borne by the Customer if the value of the order does not exceed PLN 400 and it is added to the value of the Customer's order. This cost is indicated to the Customer prior to placing the order. The www.lacoste.sk website may periodically contain information or promotions that the cost of delivery regulated otherwise than in these Regulations and in such a situation the Customer is bound by the current message on the website.
- In connection with the implementation of the order to the Customer is sent to the e-mail address communication concerning the current progress of the order submission and implementation (order status). As part of this communication, Devanlay may send information about an unfinished order and, after completing the order, Devanlay shall send thanks to the Customer for using Devanlay's offer.
Article 7 - Warranty
- The Goods are free from defects in fact and in title, and Devanlay is liable to the Customer if the Goods have a defect (warranty).
- In the event that the Goods have a defect, the Customer shall be entitled to do so:
- make a statement on price reduction or withdrawal from the Sales Agreement, unless Devanlay immediately and without undue inconvenience to the Customer replaces the defective Goods with a defect-free one or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by Devanlay or Devanlay has failed to satisfy its obligation to replace the Goods with defect-free ones or to remove defects. The Customer may, instead of the defect rectification proposed by Devanlay, demand replacement of the Goods with a defect-free one or, instead of replacement of the Goods, demand rectification of the defect, unless it is impossible to bring the Goods into conformity with the contract in the manner chosen by Customer or would require excessive costs in comparison with the manner proposed by Devanlay. The value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would otherwise have been exposed, shall be taken into account when assessing the excessive costs.
- demand replacement of the defective Goods with Goods free from defects or removal of the defect. Devanlay shall be obliged to replace the defective Goods with defect-free Goods or to remove the defect within a reasonable time without undue inconvenience to the Customer. Devanlay may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into conformity with the Sale Agreement in the manner chosen by Customer or would incur excessive costs in comparison with the other possible manner of bringing the defective Goods into conformity with the Sale Agreement. Repair or replacement costs shall be borne by Devanlay.
- The Customer who exercises his warranty rights shall be obliged to deliver the defective Goods to Devanlay's address. In case the Customer is a Consumer, the cost of delivery shall be covered by Devanlay.
- Devanlay shall be liable under the warranty if a physical defect is found within two years from the release of the Goods to the Customer. A claim for removal of a defect or replacement of the Goods with a defect-free one shall be time-barred within one year, but the time limit shall not end before the expiry of the time limit specified in the first sentence. Within this period, the Client may withdraw from the Sales Agreement or make a statement on price reduction due to a defect in the Goods. If the Client demanded replacement of the Goods with Goods free from defects or removal of defects, the period for withdrawal from the Sales Agreement or submission of a declaration on price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of defects.
- If the purchased Goods have a defect, the Customer who is a Consumer may lodge a complaint under the Civil Code (Article 556 et seq. of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended). A claim may be made on the basis of a warranty for defects. Consumers have the right to free repair or replacement, reduce the price or return the product in case of their defectiveness. These rights refer to defects that occurred within 2 years from the date of delivery of the Goods. It is not necessary to present a receipt. Within the aforementioned period, the Consumer may, instead of the defect rectification proposed by Devanlay, demand the replacement of the item with a defect-free item (if available) or the replacement of the item, demand the rectification of the defect unless bringing the item into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by Devanlay. The value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Consumer would otherwise be exposed, shall be taken into account when assessing the excessive costs. The complaint shall be considered by Devanlay within 14 days. In order to make a complaint, the Consumer should order a courier who will collect the package from him. The amount paid in the event of damage to or defect in the Goods, if any, will be refunded in full, including delivery charges for shipping the Product and the cost of shipping the Product to Devanlay (where available at www.lacoste.sk). The refund will be made using the same payment method as the Consumer chose when paying for the product, unless he expressly states otherwise and as far as technically possible, without incurring any additional costs for the Consumer.
Article 8 - Complaint procedure
- All complaints concerning the Goods, as well as the progress of the Customer's order and any problems with the return shipment should be submitted by e-mail to email@example.com
- In the case of complaints by mail, please indicate the reasons for the complaint, a description of the problem and the information necessary to identify the order and send it back to the address: E-Sklep Devanlay Polska Sp. z o.o. with its registered office in Warsaw (02-285 Warsaw), 35/37 Szyszkowa Street.
- In the event of a complaint, the Customer shall return the defective Goods to Devanlay.
- Devanlay allows Customers who make a complaint to send back the defective Merchandise via the Supplier. Free return of the Goods to Devanlay is possible after prior contacting and hotline Devanlay [Lacoste Customer Service Office] at (+ 48 22 278 15 82) and placing there an instruction to order a courier with the address data, from where the courier should collect the parcel with the complained about Goods.
- Devanlay is obliged to inform the Customer about its opinion on the complaint about the Goods or the performance of the Sales Agreement within 14 days from the date of receipt of the Customer's complaint.
- Complaints may also be reported by the Customer in connection with the use of free of charge services provided electronically by Devanlay. The Customer may send the complaint in electronic form to firstname.lastname@example.org The complaint should include a description of the problem. Devanlay's response to the complaint shall be made immediately, but no later than within 14 days.
Article 9 - Right of withdrawal
A. Statutory right of withdrawal
B. Contractual right of withdrawal - Returns
Article 10 - Free electronic services
- Devanlay provides 24 hours a day, 7 days a week the following free electronic services:
- Customer Account specified in Article 3 of the Regulations;
- Contact Form,
- Devanlay reserves the right to choose and change the form, type, manner and time of access to the selected services. The Customer will be informed in a manner appropriate for the amendment of the Regulations.
- Thanks to the Newsletter service the Customer shall receive via e-mail or sms information about new services or products offered by Devanlay. The Newsletter shall be sent by Devanlay to those Customers who have a subscription.
- To activate the Newsletter service during the Registration process, tick the appropriate box in the registration form to subscribe to the Newsletter service.
- The Newsletter service may also be activated if the Customer enters his/her e-mail address using the application form available on the E-Store website (link www.lacoste.sk). After sending the completed application form, the Customer shall receive a confirmation from Devanlay in the form of an e-mail message to the address provided in the form.
- At this moment, the contract for the provision of the Newsletter service by electronic means is concluded...
- Subscription to the Newsletter is voluntary and free of charge. The newsletter service shall be provided for an indefinite period of time. The Customer may resign from the Newsletter service at any time. In order to unsubscribe, the Customer may, at his/her own discretion, click on the link contained in the e-mail sent as part of the Newsletter service or by activating an appropriate field in the Customer Account.
- The Newsletter shall contain, in particular: information about the sender, a completed "subject" field specifying the content of the consignment and information about the possibility and manner of cancelling the free Newsletter service.
- The Contact Form service enables the Customer to send messages to Devanlay via the form available on the E-Store website.
- The Customer shall have the right to unsubscribe from the Contact Form service at any time by sending a message to Devanlay.
- 9th Devanlay may present Lacoste.sk website users with information and offers of Devanlay (Push) based on their interests. These individual offers of the Goods are sent regardless of whether the Customer has registered for the Newsletter or not. In order to select individual offers of the Goods, Devanlay uses, mainly the existing purchase data and interest data, on the basis of which the Customer's interests in the Goods have been determined, taking into account the interests and preferences and profile data provided by the Customer. If you do not wish to receive individual offers of Goods from us, you may deactivate this service at any time:
- If you do not wish to receive individual product offers from Devanlay by e-mail, you may cancel this service at any time in any form, e.g. by e-mail, without incurring costs other than the cost of providing the information in accordance with the basic tariffs (e.g. Internet connection costs, postal charges). Of course, there is a link to the cancellation in every e-mail.
- In the event that the Customer does not wish to receive individual offers of Goods from Devanlay via the Push service, he may write to Devanlay at email@example.com or firstname.lastname@example.org with a request to deactivate this function, which shall be done without undue delay.
- In the event that the Customer acts to the detriment of Devanlay or other Customers, violates the law or the Regulations, Devanlay reserves the right to block access to all free electronic services described above. Blocking the free services for the reasons mentioned above lasts for the period necessary to resolve the issue underlying the blocking of access. Devanlay shall notify the Customer of the blocking of free services by the e-mail address provided by the Customer in the registration form.
Article 11 - Liability of the Customer
- The content posted by the Customer does not express the views of Devanlay and cannot be identified with its activities. When posting content, Devanlay should be understood only as an entity providing adequate ICT resources. Devanlay shall not be identified with a content provider.
- The Customer declares that:
- he is entitled to use copyright, intellectual property rights and/or related rights to works, objects of industrial property rights (e.g. trademarks) and/or related rights that constitute the content of the Customer, as applicable;
- personal data, image and information concerning third parties have been made available within the scope of services referred to in Article 10 in a legal, voluntary manner and with the consent of the persons concerned;
- he agrees to access the content provided by another Customer and Devanlay, and authorizes Devanlay to use it free of charge in accordance with these Regulations;
- consents to the processing of works within the meaning of the Copyright and Neighbouring Rights Act.
- With respect to the electronic services described in Article 10, the Customer is not authorized to publish:
- The Customer shall not be entitled to publish: a. personal data of third parties and to transfer photos of third parties without obtaining their prior consent in a legal manner; b. personal data of third parties and to transfer photos of third parties without a legal right to do so; c. the Customer shall not be entitled to publish: a. personal data of third parties and to transfer photos of third parties without a prior consent of the Customer.
- Advertising and/or promotional content.
- Devanlay does not control the content posted on an ongoing basis.
- If Customer, another person or entity determines that any content posted on the E-Store violates their rights, personal rights, good practices, feelings, morals, beliefs, fair competition rules, know-how, legal secrets, or obligations, it shall notify Devanlay of the alleged violation. Upon notification, Devanlay will take action to remove the infringing content from the E-Store.
- Devanlay will be responsible for the content provided by the Customer only if it has been notified of a potential violation as described above.
- While using the electronic services referred to in Article 10, the Customer may not make available any content that could, in particular:
- be offensive or constitute a threat to other persons, would contain wording that violates good morals (e.g. by using vulgar language or terms commonly considered offensive);
- violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
- be misrepresented;
- contradict the interests of Devanlay;
- otherwise violate the provisions of these Regulations, good morals, applicable laws, social or moral standards.
- In the event Devanlay receives a notice that content infringes, personal rights, good practices, feelings, morals, beliefs, fair competition, know-how, a secret protected by law or obligation, Devanlay reserves the right to modify or remove content posted by Customers as part of their use of the electronic services described in Article 10.
- Customer authorizes Devanlay to use the content posted by Customer on the E-Shop website free of charge.
Article 12 - Final provisions
- Devanlay shall be liable for non-performance or undue performance of the Sales Agreement or the agreement to provide electronic services referred to in Article 10, however, in the case of contracts concluded with Customers who are entrepreneurs, i.e. natural persons, legal entities or organizational units that are not legal entities to whom the Act grants legal capacity, conducting business or professional activity on their own behalf, Devanlay shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an entrepreneur.
- The content of the Regulations may be recorded by printing, recording on a medium or downloading at any time from the E-Shop website.
- In the event of a dispute arising in connection with a Sales Agreement or an agreement to provide electronic services referred to in Article 10, the parties shall seek to resolve the dispute amicably. Polish law shall be the law applicable to all disputes arising under these Regulations.
- Devanlay reserves the right to amend these Regulations. The Customer shall be informed of any changes by receiving an appropriate message on the website www.lacoste.sk. Customers who have opened a Customer Account shall be informed of any changes to these Regulations and of the possibility of accepting them during the first logging into the E-Shop, starting from the date of entry into force of the new Regulations. Lack of acceptance of the Regulations is tantamount to termination of the contract for the provision of electronic services.
- The Sales Agreement and the agreements for the provision of electronic services referred to in Article 10 are concluded in the Polish language.
- Devanlay shall inform the Customer who is the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures shall be available at the offices or on the websites of entities authorized to conduct out-of-court dispute resolution. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. Devanlay announces that an online platform for dispute resolution between consumers and traders at EU level is available at http://ec.europa.eu/consumers/odr/
- The Regulations shall enter into force on [●] 2019.