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SMLUVNÍ PODMÍNKY
SMLUVNÍ PODMÍNKY

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REGULATIONS


 


This document determines the general

principles and terms and conditions of sale at www.lacoste.cz (hereinafter

referred to as "Online Shop"), which is owned and administered by

Devanlay Polska Sp. z o.o. with its registered office in Warsaw (00-120

Warsaw), ul. Złota 59, NIP number: 7010341947, REGON number: 146127374,

registered in the Register of Entrepreneurs kept by the District Court for the

Capital City of Warsaw in Warsaw, 12th Commercial Division, under the KRS

number 0000419724, with a share capital of PLN 13,038,100.00; e-mail:

info@lacoste.cz (hereinafter referred to as "Devanlay")

Article 1 – Definitions


Unless otherwise specified, terms in

capital letters used in these Regulations shall have the meaning given to them

in these Regulations, which shall be this document.


1.           Devanlay

– Devanlay Polska sp. z o.o. z with its registered office in Warsaw (00-120

Warsaw), ul. Złota 59, NIP number: 7010341947, REGON number: 146127374,

registered in the Register of Entrepreneurs kept by the District Court for the

Capital City of Warsaw in Warsaw, 12th Commercial Division, under the KRS

number 0000419724, with a share capital of PLN 13,038,100.00.

2.           Working

days – days of the week from Monday to Friday, excluding public holidays.


3.           Delivery

– a factual act, which consists in the delivery to the Customer by Devanlay,

through the Supplier, of the Goods specified in the order.


4.           Supplier

- an entity providing delivery services, with which Devanlay cooperates within

the scope of Goods Delivery i.e. General Logistics Systems Poland Sp. z o.o.

with its registered office in Głuchowo (62-052), ul. Tęczowa 10, entered in the

Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto

and Wilda, 8th Commercial Division of the National Court Register, the KRS

number 0000005009, NIP number 7851561831, or Poczta Polska Spółka Akcyjna, ul.

Rodziny Hiszpańskich 8, 00-940 Warsaw NIP number: 525-000-73-13, entered in the

Register of Entrepreneurs kept by the District Court for the Capital City of

Warsaw in Warsaw, the KRS number: 0000334972 or INPOST PACZKOMATY Sp. z o.o.

with its registered office in Cracow, address of the registered office: ul.

Wielicka 28, 30-552 Cracow, entered in the Register of Entrepreneurs kept by

the District Court for Cracow-Śródmieście in Cracow, 11th Commercial Division

of the National Court Register under the KRS number 0000418380, NIP number 6793081395.

5.           Password

– a sequence of letters, digits or other characters selected by the Customer

during the Registration on the Online Shop in order to secure access to the

Customer's Account created on the Online Shop.

6.           Customer

– an entity with whom a Sales Agreement may be concluded and/or to whom

electronic services may be provided in accordance with the law and these

Regulations. If the Customer is a natural person, it must be at least 18 years

old.

7.           Customer’s

Account – a special account created by Devanlay for each Customer who has

registered in the Online Shop and concluded an agreement to provide the service

of running the Customer's Account by Devanlay.

8.           Consumer

- a natural person over 18 years of age who performs with the entrepreneur a

legal transaction which is not directly related to its business or professional

activity referred to in Article 221 of the Civil Code.

9.           Login

– it is the Customer's e-mail address constituting an individual designation of

the Customer, created by the Customer, consisting of a sequence of letters,

digits or other characters required together with the Password in order to

create the Customer's Account in the Online Shop.

10.         InPost

Parcel Locker – a device for self-pick-up and transmission of shipments 24

(twenty-four) hours a day, 7 (seven) days a week, operated by InPost Paczkomaty

sp. z o. o. with its registered office in Cracow (30-552 Cracow) ul. Wielicka

28.

11.         Privacy

policy – a document indicating the principles to be followed in all matters

relating to the processing and protection of personal data in the meaning given

by the provisions concerning the protection of personal data, including in

particular Regulation (EU) 2016/679 of the European Parliament and of the

Council of 27 April 2016 on the protection of individuals with regard to the

processing of personal data and on the free movement of such data and repealing

Directive 95/46/EC (Official Journal of the European Union L 119, p. 1)

("GDPR") and the Personal Data Protection Act of 10 May 2018

("Personal Data Protection Act"). These principles are also

consistent with the Act on Provision of Electronic Services of 18 July 2002, as

well as with the Act on Telecommunications Law of 16 July 2004 available at

[https://www.lacoste.cz/smluvni-podminky/].

12.         Regulations

– this document.


13.         Registration

– a factual act described in the Regulations, performed by the Customer in

order to use all functionalities available in the Online Shop.


14.         Devanlay

store – a retail outlet run by Devanlay. The Devanlay Store List is available

in the Online Shop in the "Devanlay Store List" tab. In case of an

order with a personal collection option, the Devanlay Store selected by the

Customer is the collection point for such an order.

15.         Goods

– products offered by Devanlay through the Online Shop, which may be purchased

by the Customer under the Sales Agreement. The subject of the transaction are

only original products.

16.         Sales

Agreement – it means a remote sales agreement concluded by the Customer and

Devanlay on the basis of the terms and conditions described in these

Regulations.

 


Article 2 – Principles of operation of the

Online Shop


1.           These

Regulations determine the principles of concluding a Sales Agreement through

the Online Shop, at www.lacoste.cz. Orders are accepted via www.lacoste.cz.


2.           The

exclusive right to run the Online Shop shall belong to Devanlay.


3.           All

rights to the Online Shop, including the name of the Online Shop, domain,

design and/or general appearance of the www.lacoste.cz website, as well as all

types of information, images, Lacoste brands and other brands offered in the

Online Shop, including the proprietary copyrights and other intellectual

property rights belong to Devanlay. Materials used in the Online Shop,

including codes or software, may not be altered, copied, reproduced, published,

installed on another computer, sent by mail, transmitted, presented or

distributed without the prior consent of Devanlay or without revealing their

source. All rights to the Online Shop described above may be used only in the

manner specified and in accordance with the Regulations.

4.           The

use of the Online Shop is possible under the condition that the ICT system used

by the Customer meets the following minimum technical requirements:


a.           uses

a Java Script enabled web browser: Internet Explorer (version 8.0 or better),

Mozilla Firefox (version 22 or better) or Google Chrome (version 27 or better),


b.           has

a minimum screen resolution of 1024 x 768 pixels and an e-mail account and

Internet access.


5.           Images

presented in the Online Shop as well as other forms of visualisation and

presentation of the Goods do not reflect their actual size, they are only of

informative nature.

6.           Contact

via the Online Shop is possible 24 hours a day, 7 days a week by e-mail

(info@lacoste.cz) or on Working Days at the phone number (+48 222 78 15 99)

from 9.00 a.m. to 5.00 p.m. The Customer may contact the Online Shop by e-mail

or using the contact form available in the Online Shop at the address

https://www.lacoste.cz/kontakt.

7.           Ordering

Goods available in the Online Shop via the Internet is possible after the

registration by filling in the registration form available in the Online Shop

(Purchases with Registration) or by providing the necessary personal and

address data to enable the finalisation of the agreement (Purchases without

Registration). Viewing the assortment of the Online Shop does not require

registration.

8.           It

is forbidden to post illegal content by the Customer and to use the Online Shop

or electronic services provided by Devanlay in a manner inconsistent with the

law, good practices or in violation of the rights of third parties.

9.           The

information published in the Online Shop shall not constitute an offer of

Devanlay within the meaning of the Civil Code, but only an invitation to the

Customers to submit offers in order to conclude a Sales Agreement.

10.         By

placing an order, the Customer also declares that it is an adult and has full

legal capacity (including entering into agreements).


11.         Persons

registering in the Online Shop and making purchases there provide their

personal data and agree to their processing by Devanlay on the principles

indicated in the Privacy Policy. In order to confirm the correctness of the

data provided during registration in the Online Shop, the Customer shall

receive an e-mail with a request to confirm the data.

Article 3 – The Customer’s Account


1.           The

Customer may create its Customer's Account. Each Customer shall be entitled to

have a maximum of one Customer's Account at a time. Devanlay reserves the right

to delete multiple registrations. In order to create such a Customer's Account,

the Customer must make a free Registration. The Registration shall enable the

Customer:

i.             to

enter, edit or delete data, including delivery addresses;


ii.            to

place orders using the data entered by the Customer;


iii.           to

create a shopping list;


iv.           to

view order history;


v.            to

order and resign from the Newsletter order;


vi.           to

use discount codes;


vii.          to

make payments for orders on delivery;


viii.         to

use other features made available to registered Customers.


2.           In

order to register, it is necessary to read and accept the Regulations and the

Privacy Policy, provide personal data such as: name, surname, e-mail address,

password and others, if necessary, and agree to the processing of personal data

by the Online Shop, as well as fill in the Devanlay registration form available

in the Online Shop and send the complete form by e-mail to Devanlay by checking

the appropriate field on the form. During the Registration, the Customer

creates an individual Password.

3.           After

submitting the complete registration form, an activation link shall be sent to

the Customer's e-mail address provided on the registration form. After clicking

on the activation link, the Customer shall be redirected to the login page in

the Online Shop. At this point, an agreement is concluded for the provision of

electronic services in the scope of maintaining the Customer's Account. This

means that the Customer shall receive access to the Customer's Account and the

right to modify the data provided during Registration, excluding the right to

modify the Login.

4.           The

Customer's Account created as a result of registration is maintained for the

Customer for an indefinite period. The Customer may resign from maintaining an

account in the Online Shop and demand its deletion at any time. For the

resignation and deletion of the Customer's Account there are no fees charged.

5.           During

the Registration process, the Customer may voluntarily agree to the processing

of its personal data for marketing purposes by checking the appropriate field

in the registration form. In this case, Devanlay shall indicate the purpose of

collecting the Customer's personal data, as well as the recipients of such data

known or anticipated by Devanlay.

6.           The

Customer's consent to the processing of its personal data for marketing

purposes shall not condition the possibility of concluding an agreement with

Devanlay for the electronic provision of the service of maintaining the

Customer's Account. The consent may be revoked at any time by filling in an

appropriate statement by the Customer. The statement may be sent to the address

of Devanlay, by e-mail.

7.           In

order to delete the Customer's Account from the Online Shop, please contact

Devanlay by phone (+48 222 78 15 99) from 9.00 a.m. to 5.00 p.m. An instruction

to delete the Customer's Account shall be accepted for processing after

confirming whether the person making the request is the owner of this account.

The deletion of the Customer's Account shall take place within 14 days from the

submission of the request and shall mean the termination of the agreement for

the provision of electronic services with the Company by the Customer, the

subject of which is the maintenance of the Customer's Account.

8.           Devanlay

shall be entitled to block the Customer's Account in cases provided for by

generally applicable law regulations. Devanlay shall be also entitled to block

the Customer's Account for important reasons, which are:

i.             violation

by the Customer, when using the Online Shop, of generally applicable law

regulations, rights of third parties (including, in particular, intangible

property rights), personal rights of third parties or principles of social

coexistence;

ii.            other

repeated (at least twice) violation by the Customer of the provisions of these

Regulations;


iii.           the

Customer's repeated (at least twice) ordering of the Goods to be paid during

the collection of the subject of the order with the provision of false address

data, making it impossible to find the addressee;

iv.           persistent

and repeated withdrawal by the Customer from the agreement under the terms and

conditions specified in § 9 of these Regulations, if the withdrawal is not

justified by the impossibility for Devanlay to perform it in accordance with

the content of the order.

9.           The

Customer shall be notified of the intention to block the Customer's Account to

the e-mail address currently registered in the Online Shop. In accordance with

the provisions of the preceding section, blocking the account means the

termination of the agreement with the Customer for the provision of electronic

services with immediate effect.

10.         In

the event that the Customer's Account is blocked in accordance with sec. 8-9

above, any outstanding orders placed by that Customer shall be cancelled by

Devanlay. Cancellation takes place within 1 day from the blocking of the

Customer's Account. In this case, if payment for the order has already been

made, Devanlay shall refund the entire amount paid to the Customer. The refund

shall be made in accordance with generally applicable law regulations.

 


Article 4 – Placing orders


1.           The

Customer may place orders 24 hours a day, 7 days a week, however, orders are

processed on Working Days between 10.00 a.m. and 2.00 p.m. Orders placed on

Working Days until 2.00 p.m. are processed on the same day. Orders placed on

Working Days after 2.00 p.m. and on days other than Working Days shall be

processed on the next Working Day.

2.           Placing

an order is treated as sending by the Customer to Devanlay an offer to conclude

a Sales Agreement for the Goods described in the order.


3.           Placing

an order by registration (Purchases with Registration) means that the Customer

places an order after logging in to the Online Shop by adding the Goods to the

basket and indicating the method of payment and Delivery and the data necessary

to issue a VAT invoice, if it was requested by the Customer, as well as any

comments to the order concerning the delivery address. If the Customer fails to

provide all the required information, it shall not be possible to place an

order. Before making an order, the Customer shall be informed about the total

price for selected Goods, Delivery as well as about possible additional costs

that the Customer is obliged to incur on the basis of the Sales Agreement. In

the situation of making Purchases with Registration, the Customer also gains

access to additional options such as: order history, possibility to check at

what stage is the last order placed, remembering shipping addresses,

possibility to receive current information about products from the Online Shop.

In case of Delivery to the InPost parcel locker or Devanlay Store, the Customer

must also provide a mobile phone number or e-mail address to which information

about the possibility of collecting the Goods will be sent.

4.           Placing

an order without registration (Purchases without Registration) means that the

Customer places an order by adding the Goods to the basket and checks the

"Order" option indicating the method of payment, Delivery and other

necessary data to conclude the agreement, such as: name, date of birth, sex,

phone 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 fails to provide all the required information, it

shall not be possible to place an order. In case of Purchases without

Registration, the Customer is obliged to read and accept the Online Shop

Regulations, as well as agree to the processing of its personal data. After

making an order, Devanlay shall send an order confirmation to the e-mail

address indicated by the Customer. In case of Delivery to the InPost parcel

locker or Devanlay Store, the Customer must also provide a mobile phone number

or e-mail address to which information about the possibility of collecting the

Goods will be sent.

5.           The

order process ends for both Purchases with Registration and Purchases without

Registration when the option "Confirm the order and pay" is selected.

This action confirms placing an order.

6.           Next,

the Customer shall receive on its e-mail address provided previously in the

registration form in the Online Shop (Purchases with Registration) or when

placing an order (Purchases without Registration), a confirmation of acceptance

of the order for processing, together with a link to the current Regulations,

which determine the terms and conditions and principles of the Sales Agreement

and are its integral part, and then an individualised order number ("Order

Code"), the provision of which allows, among other things, to determine

the status of the order. The information on acceptance of the order for

processing shall not mean acceptance of the order by Devanlay, it is only a

confirmation that Devanlay has received the Customer's order. Subsequently, Devanlay

needs adequate time to process the order and prepare the Goods for shipment.

The Customer shall receive an e-mail from Devanlay which contains information

that the order has been accepted together with the shipment data

("Confirmation of Shipment"), which constitutes a statement of

Devanlay about acceptance of the offer referred to in Article 4 sec. 3 and 4

above. Upon receipt of the Confirmation of Shipment by the Customer, a Sales

Agreement is concluded. In the case of collection at a Devanlay Store, the

Customer shall also receive a one-time Order Code in the Confirmation of

Shipment, enabling the Customer to collect the Goods at a Devanlay Store. The

transfer of the Order Code to a third party by the Customer is tantamount to

the Customer's consent to give the Order at the Devanlay Store to the person

who has the Code. In such a case, Devanlay and the entities operating Devanlay

Stores shall be entitled to give the Goods to the persons who submitted the

data enabling the Goods to be collected from the Devanlay Store. The Sales

Agreement concerning the purchase of the given Goods is of a timely nature and

lasts for the period of order processing. The place of performance related to

the purchase of Goods in the Online Shop is the delivery address indicated by

the Customer.

7.           For

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's Account or indicated in the order

placement process for Purchases without Registration. If the Customer refuses

to receive invoices electronically, invoices shall be sent in the traditional

form, i.e. on paper together with the order.

8.           The

payment order must be completed immediately after placing the order. In case of

non-receipt of the payment to the Devanlay account or to the intermediary

entities (PayU service), the order is not considered as correctly placed, the

agreement shall not be concluded and the order shall not be executed. In this

case, the order may be placed again.

9.           After

clicking the "Confirm the order and pay" button, the Customer selects

one of the currently available methods of payment, which may be found on the

lacoste.cz website in the "Methods of Payment" tab and visible during

the order placement:

i. through the PayU service,


ii. by credit card,


payment on delivery, provided that this

option is only available for Purchases with Registration.


10.         Devanlay

shall reserve the right to limit delivery methods and methods of payment in

relation to the Customer, who:


i. at least three times failed to collect

the subject of the order delivered through the Polish Post Office, payable on

delivery, within 14 days from the date of delivery to the appropriate post of

the Polish Post Office;

ii. has more than two orders waiting to be

picked up at the indicated post of the Polish Post Office, the InPost parcel

locker or via courier;


iii. at least three times fails to collect

the subject of the order delivered to the selected Devanlay Store;


iv. has more than two orders waiting to be

picked up at a selected Devanlay Store.


11.         In

the case of both Purchases with Registration and Purchases without

Registration, upon conclusion of the Sales Agreement, Devanlay confirms to the

Customer its terms and conditions 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).

12.         At

any stage of placing an order, until payment is made, it is possible to cancel

the order by skipping the next steps and leaving the subpage used for placing

orders. An order that is not completed by the Customer shall not be processed.

13.         The

Customer's order is also recorded and stored by the Devanlay system. The

accounting documents confirming the Sales Agreement made through our service

are kept for 5 years.

14.         Devanlay

may contact the Customer at the e-mail address or phone number indicated by the

Customer in order to clarify doubts, confirm the order or in other matters

related to the order processing.

 


 


Article 5 – Payments


1.           Prices

of Goods available in the Online Shop are given in PLN and include VAT. Prices

shall not include information on additional costs (e.g. Delivery costs and

other) to be incurred by the Customer in relation to the Sales Agreement.

During selection of the Delivery method, the Customer shall be informed about

additional costs until the time of placing an order, subject to Article 6 sec.

14. The price of any Goods is binding at the time of placing an order by the

Customer.

2.           In

the case of Purchases with Registration, the Customer shall make payment by

selecting one of the currently available payment options listed on the

lacoste.cz website in the "Methods of Payment" tab and visible during

the order placement:

a.           payment

upon receipt of the Goods - after delivery by the Polish Post or courier

company - in cash (only on the territory of Poland). In this case, the order

processing shall be commenced upon receipt by the Customer of confirmation of

order acceptance in the Online Shop;

b.           prior

to receipt of the Goods (payment in advance - only on the territory of Poland),

via one of the electronic payment systems accepted at the time by Devanlay, in

the case of receipt of the Goods, in the InPost parcel locker or selection of

delivery of the Goods to the indicated address via the Polish Post Office or a

courier company.

The Customer shall not be able to pay for

part of the order in advance and for part of the order on delivery.


The Customer is always informed on the

lacoste.cz website, which payment option is currently available.


3.           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 on the lacoste.cz website, via one of the electronic payment systems

accepted by Devanlay at that time. In this case, the order shall be processed

after receiving by Devanlay confirmation of the correct execution of payment by

the entity performing the payment.

4.           Devanlay

shall accept the PayU payment system operated by PayU SA with its registered

office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, a national payment

institution, supervised by the Financial Supervision Authority, entered in the

Register of Payment Services under the number IP1/2012, entered in 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 the KRS

number 0000274399, with a share capital in the amount of PLN 4,944,000, paid in

full, holding the tax identification number NIP: 779-23-08-495, REGON 300523444

(in this case, the order processing shall be commenced after sending by

Devanlay to the Customer a confirmation of acceptance of the order and after

Devanlay receives information from the PayU system about the payment made by

the Customer).

5.           Devanlay

reserves the right to change prices of the Goods, to introduce and cancel

promotions, to introduce new Goods as well as to make changes in terms of the

assortment of Goods. All orders made before the date of introduction of the

above-mentioned changes shall be executed on the existing principles.

6.           Promotions

in the Online Shop cannot be combined with each other, unless the provisions of

the promotion provide otherwise.


7.           Only

in the case of Purchases with Registration, the Customer may use the discount

code received from the Online Shop or from any other entity that has purchased

discount codes entitling its customers to receive a discount from the Online

Shop. Discount codes have a validity period during which the Customer may take

advantage of the offered discount. A discount code cannot be combined with any

other discount code and other promotions, unless the regulations of a given

promotion state otherwise. After the expiry date of the discount code, it is

impossible to use the discount code.

 


Article 6 – Processing and Delivery dates


1.           Orders

are executed provided that payment is received by the Online Shop, subject to

the selection of the payment on delivery option. The Customer may use the

following Delivery options by selecting one of the currently available options,

which are given on the lacoste.cz website:

a.           the

address given by the Customer in the registration form (Purchases with

Registration) or the address given when placing an order (Purchases without

Registration)

b.           the

InPost parcel locker on the territory of the Republic of Poland


c.            Devanlay

store.


 


The Customer shall be informed each time

on the lacoste.cz. website about the options of delivery of Goods.


2.           Goods

may be delivered only in the territory of the Republic of Poland.


3.           Goods

sold in an online shop are those available.


4.           In

exceptional situations, e.g. when many Customers place an order for the same

Goods at the same time, it may happen that the Goods are not available. In such

a situation, the Customer shall be informed about the lack of possibility to

execute the order and thus the Sales Agreement shall not be concluded. Devanlay

shall return to the Customer all payments received from the Customer, in

accordance with law regulations, in connection with a specific Sales Agreement

which has not been concluded.

5.           In

case of lack of the particular Goods in the warehouse or impossibility to

execute the order for any other reason, the Customer shall be informed by

e-mail or phone about problems with order processing and possible solutions. If

it turns out that the order cannot be executed, the Sales Agreement shall not

be concluded. In such a situation, Devanlay shall return to the Customer all

payments received from the Customer, in accordance with law regulations, in

connection with a specific Sales Agreement which has not been concluded.

6.           Goods

subject to the Sales Agreement shall be delivered without defects.


7.           The

order processing shall commence at the moment indicated in Article 5 point 2 or

3 respectively.


8.           When

placing an order, the Customer shall be informed by e-mail about the Working

Days needed for the Delivery and order processing.


9.           Goods

shall be delivered within 1-4 Working Days from the Confirmation of Shipment.


10.         Devanlay

shall be obliged to deliver through the Supplier the Goods ordered by the

Customer, according to the Customer's selection from currently available

options:

a.           to

the address indicated in the registration form (Purchases with Registration) or


b.           to

the address given when placing an order (Purchases without Registration) or


c.            to

the Inpost parcel locker or


d.           to

the Devanlay Store.


The Customer shall be obliged to provide a

correct (current) and exact address to which the Goods are to be delivered, as

well as a phone number to contact for collection. If the Customer provides an

incorrect or inaccurate address, Devanlay shall, to the widest extent permitted

by law, not be liable for non-delivery or delay in delivery of the Goods if,

for the above reason, despite Devanlay and the courier company's due diligence,

it proves impossible to deliver the Goods or deliver them on time. In order to

be able to collect the Goods at the Devanlay Store, the Customer or a third

party must provide the Devanlay Store employee with the Order Code, its name

and surname or the e-mail address from which the order was made, sent in the

Confirmation of Shipment. In case of reasonable doubt, the Customer or a third

party may be asked to present an identity document. The Customer or a third

party receiving the Goods shall sign the confirmation of receipt.

11.         On

the day of shipment of the Goods, the Customer shall be informed about it by

e-mail.


12.         The

Customer shall be obliged to examine the delivered Goods in a timely manner and

in a manner accepted for such shipments in the presence of the Supplier's

employee. If a defect or damage to a shipment is found, the Customer shall be

entitled to demand that the Supplier's employee write a proper protocol.

13.         Devanlay

shall attach a receipt to each shipment as proof of payment. At the Customer's

request and after providing the necessary data, Devanlay shall issue a VAT

invoice and attach it to the shipment, subject to Article 4 point 7 of these

Regulations. Devanlay shall not be liable for providing incorrect data of the

Customer.

14.         The

cost of the Goods Delivery 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 before the order is placed. On

the lacoste.cz website, information or promotions may appear from time to time

that the cost of delivery is regulated differently than in these Regulations

and in such a situation the Customer shall be bound by the current announcement

on the website.

15.         In

relation to the order processing, a message is sent to the Customer's e-mail

address concerning the current progress of placing and processing the order

(order status). As part of this message, Devanlay may send information about

the uncompleted order and, after the order is completed, Devanlay sends the

Customer thanks for using the Devanlay’s offer.

16.         In

case of the InPost parcel locker, the Customer shall have 2 days to collect the

Goods, and in case of collection in the Devanlay Store, the period is 7 days.


 


Article 7 - Warranty


1.           The

Goods shall be free from physical and legal defects, and Devanlay shall be

liable to the Customer if the Goods have a defect (warranty).


2.           If

the Goods have a defect, the Customer shall be entitled to:


a)           make

a statement concerning 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 Goods or removes the defect.

This limitation shall not apply if the Goods have already been replaced or

repaired by Devanlay or Devanlay has not fulfilled the obligation to replace

the Goods with the defect-free Goods or remove the defects. The Customer may,

instead of the removal of a defect proposed by Devanlay, demand replacement of

the Goods with a defect-free Goods or demand removal of the defect instead of

replacement of the Goods, unless it is impossible to bring the Goods into

conformity with the agreement in the manner chosen by the Customer or would

require excessive costs compared to the manner proposed by Devanlay. While

assessing the excessive costs, the value of the defect-free Goods, the type and

significance of the defect found shall be taken into account, as well as the

inconvenience to which the Customer would be exposed by another manner of

satisfaction.

b)           demand

replacement of the defective Goods with defect-free Goods or removal of the

defect. Devanlay shall be obliged to replace the defective Goods with the

defect-free Goods or remove the defect within a reasonable time without undue

inconvenience to the Customer. Devanlay may refuse to satisfy the request of

the Customer if it is impossible to bring the defective Goods into conformity

with the Sales Agreement in the manner selected by the Customer or in

comparison with the other possible manner of bringing the Goods into conformity

with the Sales Agreement would require excessive costs. The costs of repair or

replacement shall be borne by Devanlay.

3.           The

Customer, who exercises the rights under the warranty, shall be obliged to

deliver the defective Goods to the Devanlay's address. In the case of a

Customer being a Consumer, the cost of delivery shall be covered by Devanlay.

4.           Devanlay

shall be liable under the warranty if a physical defect is found within two

years from delivery of the Goods to the Customer. A claim for removal of a

defect or replacement of the Goods with defect-free Goods expires after one

year, but this period cannot end before the period specified in the first

sentence. Within this period, the Customer may withdraw from the Sales

Agreement or make a statement on price reduction due to a defect in the Goods.

If the Customer demanded replacement of the Goods with defect-free Goods or

removal of defect, the period for withdrawal from the Sales Agreement or making

a statement on price reduction commences at the moment of ineffective expiry of

the period for replacement of the Goods or removal of a defect.

5.           If

the purchased Goods have a defect, the Customer being a Consumer may lodge a

complaint pursuant to 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 under the warranty for defects. Consumers have the right to

free of charge repair or replacement, price reduction or return of the product

in case of their defects. These rights relate 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 above-mentioned period, the Consumer may, instead of

removing the defect proposed by Devanlay, demand replacement of the item with a

defect-free item (if available) or, instead of replacing the item, demand

removal 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. While

assessing the excessive costs, the value of the defect-free Goods, the type and

significance of the defect found shall be taken into account, as well as the

inconvenience to which the Consumer would be exposed by another manner of

satisfaction. The complaint shall be considered by Devanlay within 14 days. In

order to lodge a complaint, the Consumer shall order a courier to collect the

package from it. The amount paid, in case of damage or defect of the Goods, if

it actually exists, shall be returned in full, including the cost of delivery

of the product and the cost of shipment of this product to Devanlay (if this is

the shipping method available on lacoste.cz website). We shall make the return

using the same method of payment that the Consumer has chosen while paying for

the product, unless the Consumer has expressly indicated another method of

refund and as far as technically possible, which shall not generate any

additional costs for the Consumer.

 


Article 8 – Complaint procedure


1.           Any

complaints regarding the Goods, as well as the progress of the Customer's order

and any problems with collecting the return shipment shall be submitted via

e-mail to info@lacoste.cz.

2.           In

case of a complaint by mail, it is necessary to indicate the reasons for the

complaint, description of the problem and information necessary to identify the

order and send it back to the following address: Online Shop Devanlay Polska

Sp. z o.o. with its registered office in Warsaw (02-273 Warsaw), ul.

Muszkieterów 15C C1-C2.

3.           In

case of lodging a complaint, the Customer shall send the defective Goods to

Devanlay. Devanlay does not provide for the possibility of lodging a complaint

by handing over the Goods to the Devanlay Store.

4.           Devanlay

shall be obliged to inform the Customer about its opinion regarding the

complaint about the Goods or performance of the Sales Agreement within 14 days

from the date of receiving the Customer's complaint.

6.           The

complaint may also be lodged by the Customer in connection with the use of free

services provided electronically by Devanlay. The Customer may send a complaint

in electronic form to the address info@lacoste.cz. The complaint shall contain

a description of the problem. The Devanlay's response to the complaint should

be made immediately, but no later than within 14 days.

 


Article 9 – Right of withdrawal


A.           Statutory

right of withdrawal


 


1.           The

Customer being a Consumer shall have the right, without giving any reason, to

withdraw from the Sales Agreement within 30 days from the date on which it came

into physical possession of the Goods or a third party, other than the courier

and indicated by it, came into physical possession of the Goods.

2.           Withdrawal

from the Sales Agreement means that the Sales Agreement is considered as if it

had never been concluded.


3.           If

the Customer being a Consumer makes a statement on withdrawal from the Sales

Agreement before the Devanlay's acceptance of the Customer's offer, the offer

is no longer binding.

4.           In

order to exercise the right of withdrawal from the agreement, the Customer must

inform Devanlay about its decision to withdraw from the Sales Agreement by an

unequivocal statement (for example, a letter sent by mail or e-mail). Devanlay

shall not provide for the possibility to exercise the right of withdrawal from

the agreement by delivering the Goods or statement to the Devanlay Store.

5.           The

Customer may fill in and send online the form of withdrawal from the Sales

Agreement, which is available at the address: lacoste.cz or with each order in

the Customer's Account. If the Customer uses this option, a confirmation of

receipt of information about withdrawal from the Sales Agreement shall be

immediately sent to the Customer by e-mail. The Customer may also send any

other unequivocal statement by e-mail.

6.           In

order to keep the deadline for withdrawal from the agreement, it is sufficient

for the Customer to send information concerning the exercise of the Customer's

right of withdrawal from the agreement before the expiry of the deadline for

withdrawal from the agreement.

7.           Devanlay

shall be obliged to immediately, but no later than within 14 days from the date

of receipt of the statement of withdrawal from the Sales Agreement, return to

the Customer being the Consumer all payments made by it, including costs of the

Goods Delivery to the Customer, subject to sec. 8 above. Devanlay may withhold

reimbursement of amounts paid by the Customer being a Consumer until the time

of receipt of return of the Goods or delivery by the Customer being a Consumer

of proof of sending the Goods, depending on which event occurs earlier.

10.         The

Customer being a Consumer shall return the Goods to Devanlay immediately, but

no later than within 14 days from the date of making the statement on

withdrawal from the Sales Agreement. To meet the deadline, it is sufficient to

send the Goods to the address of Devanlay before the expiry of this deadline.

11.         The

Customer shall be liable for any reduction in the value of the Goods resulting

from the use of the Goods beyond what is necessary to determine the nature,

characteristics and functioning of the Goods.

12.         Devanlay

shall return the payment using the same method as that used by the Customer

being a Consumer in the original transaction, unless the Customer has expressly

agreed to another method of return that does not involve any costs to the

Customer. In no case shall Devanlay bear any costs for the return, provided

that in such case Devanlay shall not be obliged to cover the bank charges paid

by the Customer being a Consumer when making the initial payment. In case of

payment on delivery, Devanlay shall make a refund to the account indicated by

the Customer. If the bank account of the Customer being a Consumer is

maintained in a specific currency and the payment and return are made in

another currency, Devanlay shall not be liable for any losses incurred in connection

with a currency conversion operation performed by the bank of the Customer

being a Consumer with respect to the amount returned.

13.         The

right of withdrawal from the Sales Agreement shall not apply to the Customer

being a Consumer with respect to agreements in which the Goods are delivered in

sealed packaging, which cannot be returned after opening the packaging for

health protection or hygienic reasons, if the packaging was opened after

Delivery.

 


B.           Contractual

right of withdrawal - Returns


 


1.           Apart

from the Consumer's right to withdraw from the Sales Agreement described in

point A above, the Customer (regardless of whether it is a Consumer or not)

shall have the right to withdraw from the Agreement within 14 days from the

Confirmation of Shipment by Devanlay. For this purpose, a form of withdrawal

from the Sales Agreement must be completed and sent online, it is attached in

paper form to each order. Return of the Goods together with the completed form

in the paper form is done by the Customer:

a.           through

courier to the address Online Shop Devanlay Polska Sp. z o.o. with its

registered office in Warsaw (02-273 Warsaw), ul. Muszkieterów 15C hall C1-C2;


b.           in

every Devanlay Store operating on the territory of Poland in case of orders

from Poland, except outlet stores.


 


2.           The

contractual right of withdrawal from the Sales Agreement shall apply only to

Goods which are returned in the same undamaged condition. Devanlay shall

reserve the right to refuse to accept the return of products sent or

transferred after the deadline for return of Goods which are not in the same

condition in which they were received. No refund shall be made in such a

situation.

3.           In

case of contractual withdrawal from this Sales Agreement, Devanlay shall return

to the Customer all payments received from it, using the same method of payment

chosen when paying for the Goods, unless it has expressly agreed to another

method of refund, which shall not generate any additional costs for the

Customer.

4.        In

case of a contractual withdrawal from this Sales Agreement and the selection of

a free method of return, the refund shall be made without undue delay, and in

any case no later than within 14 days from the date of receipt by Devanlay of

the returned Goods from the Customer.

 


Article 10 – Free of chargé electronic

services


1.           Devanlay

shall provide the following free of charge electronic services 24 hours a day,

7 days a week:


a.           Newsletter;


b.           Customer’s

Account indicated in Article 3 of the Regulations;


c.            Contact

Form,


d.           Push.


2.           Devanlay

shall reserve the right to choose and change the form, type, method and time of

access to selected services. The Customer shall be informed in a manner

appropriate to the change of the Regulations.

3.           Thanks

to the Newsletter service, the Customer shall receive, via e-mail or text

message, information about new services or products offered by Devanlay. The

Newsletter shall be sent by Devanlay to those Customers who have a subscription.

4.           In

order to activate the Newsletter service during the Registration, the Customer

shall check the appropriate field in the registration form in order to

subscribe to the Newsletter service.

The Newsletter service may also be

activated if the Customer enters its e-mail address using the application form

available on the Online Shop website. After sending the completed application

form, the Customer shall receive a confirmation from Devanlay in the form of an

e-mail to the address given in the form.

At this moment, the agreement for

provision of the Newsletter service by electronic means is concluded


5.           The

Newsletter subscription is voluntary and free of charge. The Newsletter service

shall be provided for an indefinite period. The Customer may resign from the

Newsletter service at any time. In order to unsubscribe, the Customer may, at

its own discretion, click on the link provided in the e-mail sent as part of

the Newsletter service or by activating the appropriate field in the Customer's

Account.

6.           The

Newsletter shall contain in particular: information about the sender, a

completed "subject" field specifying the content of the package and

information about the possibility and method of resigning from the free

Newsletter service.

7.           The

Contact Form service gives the Customer the opportunity to send messages to

Devanlay through the form available on the Online Shop website.


8.           The

Customer shall have the right to unsubscribe from the Contact Form service at

any time by sending a message to Devanlay.


9.           Devanlay

may present information and the Devanlay offers (Push) to users of the

lacoste.cz website on the basis of their interests. These individual proposals

of Goods shall be sent regardless of whether the Customer has registered for

the Newsletter or not. In order to select individual proposals of Goods,

Devanlay uses mainly current purchase data and data concerning interests, on

the basis of which the Customer's interests have been determined by particular

Goods, taking into account the interests and preferences given by it and its

profile data. If the Customer refuses to receive individual offers of Goods

from us, the Customer may deactivate this service at any time:

a.           In

case the Customer refuses to receive individual product proposals from Devanlay

by e-mail, it may at any time resign from this service in any form, e.g. by

e-mail, without incurring costs in addition to the costs of providing

information according to basic tariffs (e.g. Internet connection costs, postal

charges). Of course, a cancellation link is provided in every e-mail.

b.           In

case the Customer refuses to receive individual proposals of Goods from

Devanlay using the Push service, it may at any time write to Devanlay to the

address Devanlay Polska sp. z o.o., ul. Złota 59, 00-120 Warsaw or

info@lacoste.cz with a request to deactivate this function, which shall be done

without undue delay.

10.         In

case when the Customer acts to the detriment of Devanlay or other Customers,

violation by the Customer of law regulations or provisions of the Regulations,

Devanlay shall have the right to block access to all free electronic services

described above. The blocking of free services for the reasons mentioned above

lasts for the period necessary to resolve the issue which is the basis for

blocking access. Devanlay shall notify the Customer about the blocking of free

services by the e-mail provided by the Customer in the registration form.

 


Article 11 – The Customer’s responsibility


 


1.           Content

posted by the Customer shall not express the views of Devanlay and shall not be

identified with its business. When posting content, Devanlay shall be

understood only as an entity providing appropriate ICT resources. Devanlay

shall not be identified with the content provider.

2.           The

Customer shall declare that:


a.           is

entitled to use copyright, intellectual property rights and/or related rights

to - respectively - works, objects of industrial property rights (e.g.

trademarks) and/or objects of related rights that constitute the content of the

Customer;

b.           personal

data, image and information concerning third parties have been made available

within the scope of the services referred to in Article 10 lawfully,

voluntarily and with the consent of the persons concerned;

c.            it

agrees to access the content made available by another Customer and Devanlay

and authorises Devanlay to use it free of charge in accordance with these

Regulations;

d.           it

agrees to make derivative works within the meaning of the Act on Copyright and

Related Rights.


3.           In

relation to electronic services described in Article 10, the Customer shall not

be authorised to publish:


a.           personal

data of third parties and to transfer photos of third parties without their

prior legal consent


b.           advertisements

and/or promotional content.


4.           Devanlay

does not control the content posted on an ongoing basis.


5.           In

case the Customer, other person or entity considers that the content published

in the Online Shop violates their rights, personal rights, good practices,

feelings, morals, beliefs, principles of fair competition, know-how, secrets

protected by law or obligations, it shall notify Devanlay about the alleged

violation. Upon receipt of the notification, Devanlay shall take action to

remove the violating content from the Online Shop.

6.           Devanlay

shall be responsible for the content provided by the Customer only if Devanlay

has been notified of a potential violation of rights as described above.


7.           During

the use of electronic services referred to in Article 10, the Customer shall

not make available content that could in particular:


a.           be

offensive or threatening to others, contain vocabulary that violates good mores

(e.g., by using vulgarisms or terms commonly considered offensive);


b.           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 related to confidentiality obligations;

c.            be

posted in bad faith;


d.           be

contrary to the interests of Devanlay;


e.           otherwise

violate the provisions of these Regulations, good mores, applicable law

regulations, social or moral standards.


8.           If

Devanlay receives notification that content violates personal rights, good

practices, feelings, morals, beliefs, principles of fair competition, know-how,

legal secrets or obligations, Devanlay shall reserve the right to modify or

delete content posted by the Customers as part of their use of the electronic

services described in Article 10.

9.           The

Customer shall authorise Devanlay to use free of charge the content posted by

the Customer on the Online Shop website.


 


Article 12 – Final provisions


1.           Devanlay

shall be liable for non-performance or improper performance of the Sales

Agreement or the agreement for the provision of electronic services referred to

in Article 10, however, in the case of agreements concluded with Customers who

are entrepreneurs, i.e. natural persons, legal persons or organisational units

which are not legal persons to whom the Act grants legal capacity, conducting

business or professional activities 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 being an entrepreneur.

2.           The

content of the Regulations may be recorded by printing, saving on a medium or

downloading at any time from the Online Shop.


3.           In

case of a dispute arising in relation to the concluded Sales Agreement or

agreement for the provision of electronic services referred to in Article 10,

the parties shall seek to resolve the dispute amicably. The Polish law shall be

applicable to settle all disputes arising under these Regulations.

4.           Devanlay

shall reserve the right to amend these Regulations. The Customer shall be

informed about any changes by receiving an appropriate message at

www.lacoste.cz. The Customers who have created the Customer's Account shall be

informed about the change of the Regulations and about the possibility of

accepting it during the first login to the Online Shop, starting from the date

the new Regulations come into force. Lack of acceptance of the Regulations is

tantamount to termination of the agreement for the provision of services by

electronic means.

5.           The

Sales Agreement and the agreements for the provision of electronic services

referred to in Article 10 shall be concluded in the Polish language.


6.           Devanlay

shall inform the Customer being a Consumer about the opportunity to use

out-of-court methods of handling complaints and pursuing claims. The principles

of access to these procedures are available at the offices or on the websites

of entities entitled to out-of-court dispute resolution. They may be in

particular consumer advocates or Voivodeship Inspectorates of Trade Inspection,

the list of which is available on the website of the Office for Competition and

Consumer Protection. Devanlay informs that at

http://ec.europa.eu/consumers/odr/ there is a platform of the Internet system

of solving disputes between consumers and entrepreneurs at the EU level.

7.           The

Privacy Policy is an integral part of these Regulations.


8.           The

Regulations shall enter into force on 01.02.2024.


 

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