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REGULATIONS OF THE LOFRA.PL ONLINE STORE

 

§ 1. Definitions

 

  1. Delivery time - the time from placing the order until sending the package via the Supplier, with only Working Days being taken into account.

  2. Working days - means days of the week from Monday to Friday, excluding public holidays.

  3. Delivery - means the actual act consisting in:

- delivery to the Customer by the Seller, including via the Supplier, of the Goods specified in the order, or

- receipt by the Customer of the Goods specified in the order in the Stationary Store.

  1. Supplier - means an entity with which the Seller cooperates in the delivery of Goods - a courier company or an entity selected by the Customer to deliver the Goods.

  2. Customer - means an entity for which services may be provided electronically in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.

  3. Consumer - means a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.

  4. Public entity - means a unit of the public finance sector within the meaning of the provisions on public finance.

  5. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity.

  6. Individual Entrepreneur - means a natural person concluding a contract related directly to his business activity, if the content of this contract shows that it does not have a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity or from a declaration made by it in the course of making purchases via the Online Store.

  7. Regulations - means these regulations.

  8. Online Store - means the website wwwlofra.pl. through which the Seller concludes Agreements for the Sale of Goods with Customers.

  9. Stationary Store - means a place intended for customer service, located in Olkusz, at ul. 20 Lost 5.

  10. Seller - Rafał Mirek running a business under the name GastroProdukt Rafał Mirek, NIP 637-198-32-82, Regon 121198600 based in Olkusz at ul. 20 - here Lost 5, using the functionality and resources of the Online Store in order to invite customers to conclude a Sales Agreement.

  11. Parties - the Seller and the Customer.

  12. Goods - means a product presented by the Seller via the website of the Online Store, which may be the subject of a Sales Agreement

  13. Sales contract - means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.

  14. Additional service - a paid service, provided to the Customer outside the Online Store.

 

§2 General provisions

 

  1. The Online Store is the property of the Seller, who conducts mail order sales of: catering equipment, small kitchen appliances, stainless steel furniture, professional cleaning agents and other products appearing on the Online Store website. Phone number: 32 30 88 944, (Monday to Friday, 8.30-17.00), e-mail: biuro@lofra.pl

  2. The party making purchases in the Online Store is a Consumer or other entity, in particular an Entrepreneur, Individual Entrepreneur or Public Entity. The selling party is the Seller.

  3. The Regulations define in particular the types and scope of services provided electronically, the conditions for concluding contracts via the Online Store and the complaint procedure.

  4. The Regulations are available on the website of the Online Store and at the Seller's premises.

  5. Customers can communicate with the Seller using the contact form, e-mail or by phone.

 

§ 3. Terms of providing services by electronic means

 

1. The technical requirements for using the Store are as follows:

  • a computer with Internet access and an installed and correctly configured Internet Explorer, Mozilla Firefox, Google Chrome, Safari or other web browser that supports the HTML 5 standard and JavaScript language,
  • enabled cookies in the browser.

2. It is forbidden to take actions and provide unlawful content by customers.

§ 4. Subjects of the transaction

 

  1. The subjects of transactions concluded via the Online Store are Goods.

  2. The prices of all Goods in the Online Store's resources are expressed in Polish zlotys net (excluding VAT) and gross (including VAT).

  3. All Goods are brand new, have the required approvals and are covered by the manufacturer's or the Seller's warranty.

  4. In some cases (described in the instruction manual), the installation of the Goods should be performed in accordance with the applicable national regulations by specialized and authorized technical personnel. It is recommended to use an authorized technical service due to the possibility of losing the warranty or the loss of the possibility to pursue claims in the event that the installation or service was performed by an unauthorized technical service. Installation may be performed by the Seller as an Additional Service.

  5. Before starting the installation and operation of the Goods, please read the operating instructions.

  6. All information about the Goods comes from materials published by manufacturers or importers. The photos of the Goods or their technical description posted in the Online Store may differ from the actual state, which may be related to the continuous technological improvement of devices as well as the fact that monitors, photos and drawings subjectively represent colors and proportions.

 

§ 5. Placing orders and their implementation

 

  1. An order is placed by the Customer correctly filling in the order form available on the Online Store website and confirming the order.

  2. Orders can be placed 24 hours a day throughout the week.

  3. Orders placed from Monday to Friday after 12:00 and on public holidays will be accepted for execution on the next working day.

  4. Placing an order in the Online Store is carried out according to the following procedure:

  • You should select the Goods in the Online Store and click the "Add to Cart" button.
  • After clicking the "Add to cart" button, you can continue shopping or go to the order form by pressing the "Go to checkout" button. To go to the order form from the level of viewing products, hover the cursor over the basket and then press the button "Complete the order with the obligation to pay"
  • Then, a page with a summary of purchases will be displayed, where you should check the correctness of the order, select the number of products ordered and select the preferred form of delivery. To go to the next step, click the "Next" button
  • Next, please provide your contact details and delivery address. The customer has the option of registering or logging in if he has an account in the Online Store. Correctly providing data and accepting the regulations is necessary to continue placing the order.
  • In the next step, the customer is obliged to check whether all the data provided is correct and to change them, if necessary.
  • Then choose the method of delivery.
  • In the next window you will see an order confirmation and a choice of payment method. At this step, the customer has the option to provide us with additional information.
  • If payment is selected by PayU, information about the prepared payment will be displayed. To make a payment, press the "Go to payment" button
  • If you choose to pay by bank transfer, information about the order will be displayed again to allow the customer to finally verify them. To proceed, press the "Confirm order" button. In the next window, the customer can download a proforma invoice and obtain the data necessary to make the transfer.
  1. The order is confirmed by e-mail. The shipment will not be carried out if it is not possible to confirm the order within 4 working days from the moment of placing the order.

  2. Upon confirmation of the order, a Sales Agreement is concluded.

  3. After confirming the order placement, a confirmation of concluding a distance contract will be sent to the e-mail address provided by the Consumer or Individual Entrepreneur, containing:

  • order number,
  • information about the purchased Goods,
  • gross value of the order,
  • the way of communication between the Seller and the Consumer or Individual Entrepreneur,
  • Seller's identification data,
  • method and date of payment,
  • the method and date of delivery of the Goods by the Seller,
  • complaint handling procedure,
  • the manner and time limit for exercising the right to withdraw from a distance contract concluded by a Consumer or an Individual Entrepreneur,
  • costs of returning items borne by the Consumer or Individual Entrepreneur in the event of withdrawal from the contract,
  • the Seller's obligation to deliver goods without defects.

 

  1. In the event of circumstances preventing the full or partial execution of the order placed, the Seller reserves the right to agree on a different delivery date by e-mail, however not later than within thirty days from the date of the Sale Agreement.

  2. The purchased goods are delivered to the address indicated by the customer in the order form.

  3. The costs of transporting the Goods are borne by the Customer in accordance with the guidelines provided when confirming the order.

  4. In the case of prepaid orders with a value exceeding PLN 1,500.00 net, the transport costs are borne by the Seller and they are not added to the order amount (not applicable to large-size goods).

  5. Pursuant to Article 545 §2 of the Civil Code, the Customer is obliged to check the completeness of the delivery in the presence of the Supplier and verify that the Goods have not been damaged during transport. In the event of damage to the packaging or content, a damage report should be drawn up immediately on the Supplier's company print and immediately (within 24 hours) reported to the Seller.

  6. In the event of the Supplier's employee refusing to wait for the shipment to be checked and recording this fact in the shipping document (the shipment has not been checked immediately after delivery), the Customer should check the contents of the shipment within 24 hours, and in the event of damage, prepare a report in the presence of the Supplier's representative. After removing the packaging from the Goods, check the integrity (no damage) and compliance of the goods with the order. In case of doubt, refrain from use and contact the Seller. The original packaging in which the Goods were delivered and a copy of the shipping document should be kept. The notification should be made by phone during the Seller's working hours and by e-mail. The Seller's representative will contact the Customer immediately and inform him about the course of further proceedings.

  7. Depending on the Supplier, the Customer may be asked to bring the delivered Goods.

  8. In individual cases, as part of the Additional Service, the Seller may offer installation or training services regarding the Goods covered by the Sales Agreement.

 

§ 6. Terms and forms of payment

 

  1. Only the following payment methods are available in the Online Store:

  • Payment in cash in the case of personal collection;
  • Payment by bank transfer to the Seller's bank account + shipping cost;
  • Przelewy24 - credit card or via Przelewy24 account + shipping cost;
  • eCard - credit card or instant internet transfer, automatically redirected to the selected bank + shipping cost;
  1. The Seller's bank account number is as follows:

Alior Bank 17 2490 0005 0000 4500 7543 3965 | Euro account PL50 249000050000460015763093

The bank account number is displayed on the website of the Online Store and is sent in an e-mail confirming the order.

  1. The order will be processed after receiving a 100% advance payment on the Seller's account.

  2. The customer is obliged to pay for the ordered products within 7 days from the date of confirmation by

The seller placing an order.

  1. VAT invoices confirming the purchase amount and detailing the purchased Products are sent by courier together with the Product or issued to the Customer in the event of personal collection.

  2. In the event of any errors or mistakes, the Customer is obliged to immediately inform the Seller about it.

 

 

§ 7. Deadline for implementation

 

  1. The time of order fulfillment depends on the availability of the given Good in the Seller's warehouse or in the producers' warehouses.

  2. The order processing time is counted from the date the payment for the Goods is credited to the Seller's bank account, unless the parties have agreed a deferred payment.

  3. The delivery time given on the website of a given Product is an approximate time and should be confirmed directly in contact with the Seller.

  4. The Seller reserves the right to extend the delivery time in the event of a temporary shortage of Goods from the manufacturer. In this case, the customer will be informed immediately.

  5. The customer is individually notified about the expected time of completion by e-mail at the time of confirming the order.

  6. If it is not possible to process the order within thirty days of placing the order, the Customer will be notified of the unavailability of the Goods and the Seller will return the amount paid by bank transfer to the bank account indicated by the Customer.

 

§ 8. Guarantee and warranty

 

  1. The complaint procedure may be carried out on the basis of the provisions on the guarantee (the right applies to the Consumer, Entrepreneur and Individual Entrepreneur) or the provisions on warranty (only in the case of consumer sales).

  2. It is up to the Consumer to choose the legal basis for the complaint submitted by him.

  3. The entity responsible for the warranty is the Manufacturer (for Whirlpool products) or the Seller (for other products). In order to exercise the rights under the warranty granted by the manufacturer, you should follow the content resulting from the warranty document delivered with the product. In the case of a warranty provided by the Seller, the details of the warranty are specified in the warranty document (warranty card).

  4. If the Guarantor is the Seller, the guarantee document is delivered together with the Goods. If the Guarantor is the manufacturer, the terms of the warranty and the manner of its implementation are available on the manufacturer's website.

  5. The warranty card and the instruction manual for the Goods may be placed in the packaging stuck on the outside of the packaging of the delivered goods or inside the packaging.

  6. The seller is responsible for product defects on the basis of applicable law.

  7. In the event that the Client is an Entrepreneur or an Individual Entrepreneur, on the basis of art. 558 §1 of the Civil Code, the seller's liability under the warranty resulting from the relevant provisions of the Civil Code.

  8. Warranty claims may be submitted electronically or in writing to the address of the Seller.

  9. In the event of a complaint by the Customer under the warranty or guarantee addressed to the Seller, complete the complaint form at www.gastroprodukt.pl/dzial-techniczny#serwisForm

  10. The consumer has the right to demand a price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective product with a defect-free one or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller has not replaced the product with a defect-free one or has not removed the defect.

  11. The Seller considers the complaint within 14 days (in the case of a complaint under the warranty submitted by the Consumer) or 30 days (in the case of a complaint submitted by the Consumer on a different basis). In the case of complaints submitted by the Entrepreneur or Individual Entrepreneur, they will be recognized within 30 days.

  12. If the Seller does not respond to the Consumer's requests within 14 days, it means that he considered the requests justified.

  13. The claimant, regardless of the grounds, should immediately send the product covered by the notification in order to enable the seller to consider the complaint.

  14. The complaint is considered by checking the circumstances reported by the Customer and assessing the legitimacy of the requests in accordance with the provisions on the warranty or the terms of the guarantee.

  15. The Customer will receive a response regarding the consideration of the complaint by e-mail or in writing.

  16. In each of the above cases, when the implementation of the Consumer's requests involves the delivery of a new or repaired product, the Seller shall bear the delivery costs.

§ 9. Withdrawal from the contract for Clients who are Consumers or Individual Entrepreneurs

 

  1. Withdrawal from the contract by the Consumer or Individual Entrepreneur takes place on the terms set out in the Act of May 30, 2014 on consumer rights.

  2. A consumer or an Individual Entrepreneur may withdraw from a distance contract without giving reasons and without incurring additional costs, subject to § 9 points 4 and 6, by submitting an appropriate statement in writing within fourteen days from the date of taking possession of the Goods by the Consumer, Entrepreneur Individual or a third party designated by them, other than the Supplier. To meet this deadline, it is enough to send a statement before its expiry. A written declaration of exercising the right to return may contain the preferred form of return settlement.

  3. In the event of withdrawal from the contract, the Seller is obliged to refund to the Consumer or Individual Entrepreneur the cost of shipping the goods to the Consumer or Individual Entrepreneur, which is the cheapest cost of shipping the goods, regardless of the method of shipping the goods previously selected by the Consumer or Individual Entrepreneur.

  4. The Consumer or Individual Entrepreneur is obliged to bear the direct costs of returning the Goods to the Seller.

  5. In the event of withdrawal from the contract, the Consumer or Individual Entrepreneur is obliged to immediately, no later than 14 days from the date on which he withdrew from the contract, return the Goods to the Seller's address, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Product before its expiry.

  6. The customer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

  7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract, return the payments made by the Consumer or Individual Entrepreneur. The payment will be refunded using the same method of payment that was used by the Consumer / Individual Entrepreneur when making the payment. In the case of payment by a payment card, the money will be returned to the bank account of the payment card from which the purchase was made.

  8. The Seller may withhold the reimbursement of payments received from the Consumer or Individual Entrepreneur until the Goods are returned or the Consumer or Individual Entrepreneur provides proof of its return.

 

§ 10. Final provisions

 

  1. In matters not covered by the above document, the relevant provisions of generally applicable law shall apply.

  2. The Seller reserves the right to change the Regulations in the event of changes in the law, rules of the Internet or other important reasons. Purchases, the implementation of which began before the entry into force of the new Regulations, will be carried out in accordance with the principles of the previous version of the Regulations. The change is effective for users who have an account within 7 days from the date of notification of the change in the Regulations. The ordering party may send its declaration of acceptance or non-acceptance of the new Regulations by e-mail to the address biuro@lofra.pl or send its statement to the address of the Seller. Upon receipt of the declaration of non-acceptance of the changes to the regulations, the Seller shall delete the account held by the Ordering Party and inform him of this fact.

  3. The information on the website www.lofra.pl does not constitute an offer within the meaning of art. 66 § 1 of the Civil Code.

  4. All disputes related to the services provided by FHU Gastroprodukt will be settled by common courts. The customer who is a consumer has the option of using an out-of-court method of considering complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Krakow. Information on how to access the above-mentioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the tab "Settlement of consumer disputes".