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.