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Regulations

Regulations of the internet shop Lotharek`s Lair

  1. Definitions:
  • Shop – online service, available for customers under the address www.lotharek.pl, run by Przemyslaw Krawczyk, registered as company:
  Company name  
LOTHAREK  FHU Przemyslaw Krawczyk
  City     
Świerklaniec
  Post Code 42-622
  Street Oświęcimska 
  House No.
2C /18
  Country Polska/Poland
  VAT EU PL6312246599
  GIOS E0016247W

 

  • Lotharek – an entity running online sales by means of the service www.lotharek.pl
  • Customer – a natural person, making purchases in the Shop, having full legal capacity, or a legal person or organizational unit, without legal personality, who registered in accordance with the rules, determined by the Regulations;
  • Registration – a process of creating the Customer`s Account; strictly binded to supplied mail adress.
  • Product – products, services or other goods offered by Lotharek`s Lair within the framework of purchases made by the Customer in the Shop;
  • Account – a base containing the Customer`s data, used for execution of orders, including the history of orders, Customer`s preferences referring to selected products, available in the Shop, data referring to payments and payments in advance - by virtue of the orders placed - and the history of shipping.
  • Cart – a tool allowing Customers to gather and temporarily reserve the Product and confirm one`s will to buy it;
  • Regulations – these regulations, defining the rules of online sales in the Shop

 

  1. Registration in the online shop Lotharek`s Lair
  • Receiving Customer`s orders takes place by means of the website only
  • The Customer`s Account is inalienable, the Customer shall not use the Account of other Customers and give the access to the Account to other people, including an individual access password to the Account.
  • To make a purchase, one shall register by filling a register form manually, available under a button “REGISTER” on the website www.lotharek.pl
  • After filling in a register form, the Customer receives a message on the e-mail, given in the register form, in order to confirm the registration. In the message, the Customer (FOR THIS MOMENT _UNDER CONSTRUCTION)  doesn`t receive register data, authorizing him/her to log in to the individual Account in the Shop.
  • The data sent to the Customer`s e-mail address doesn`t include  login nor password of access to the individual Customer`s Account in the Shop
  • Using the data, sent to the Customer in the message (login and password), the Customer logs in to the Shop for the first time, which means the activation of the individual Customer`s Account in the Shop.
  • At the moment of successful finishing the registration process for the Shop, the Customer and LOTHAREK`S LAIR conclude the agreement for an indefinite period. Termination of the agreement takes place at the moment of customer`s account deletion by Customer itself in Customer`s panel
  • The Customer bears any liability for giving incomplete, invalid or unreal data
  • Lotharek cannot / will not / change customers data. Customer shall delete his account and register new one in following cases:
    • change of account type  between  business <--> individual
    • change of delivery adress
    • change of billing address 

 

  1. Forgotten password

If the Customer forgets the login or password to the Account, he/she shall use the procedure of password recovery, which consists in:

  • Entering the e-mail address, given on registration for the Shop, in an appropriate field, intended for password recovery. This will generate new data of access to the Customer`s Account.
  • The new data for logging in to the Customer`s Account will be sent to the given e-mail address.
  • The Customer shall log in to the Shop, using new data, sent to the e-mail address, given at the beginning of the procedure of password recovery.
  • At the moment of generating new logging data, the previous data cease to be active.

 

  1. Making purchase (orders and execution)
  •  After logging in by means of the website www.lotharek.pl , the Customer may place an order for a product, available in the offer of the Shop.
  •  After placing the order, the Customer receives an e-mail confirmation of placing the order, and the list of ordered products.
  •  The next stage of purchase is making payment for the product. For that purpose, the Customer may use PayPal system or Bank transfer
  •  After making payment, the Customer receives a confirmation of starting the order execution by the Shop, which means concluding an agreement on sales.
  • The order will be executed, provided that the product is available. If the Customer orders several Products, the order execution will take place at the moment of completing the order. It the Product is not available, LOTHAREK`S LAIR will inform the Customer about it, immediately.
  • In case of no possibility of order execution, because of unavailability of some of its parts, the Customer decides on a way of its execution (partial execution or cancellation of the whole order).
  • Order cancellation doesn`t concern PREORDERED ITEMS, that are made exclusively upon customer`s indyvidual order
  • If the expected execution time is longer than 14 (fourteen) working days, the Shop has the right to withdraw from the agreement in time provided for execution of the order.
  • In the case that a product is not available (lack of a product in a storehouse of the Shop) and the Shop is not able to execute the Customer`s order, the Shop has the right to withdraw from the agreement in 14 (fourteen) working days, counting from the day of concluding it.
  • If the Customer paid for the Product, the payment will be returned within 14 (fourteen) working days from the moment of the order cancellation.

 

  1. PRICES
  • Prices of all products, presented in the Shop, are given in Polish Zloty as base currency. Conversion rates for other currencies are based on actual and official rates of National Bank of Poland and may vary from PayPal`s.
  • The prices does not include costs of transport and delivery.
  • The information about delivery costs are available on the website www.lotharek.pl at the moment of checkout in the point “Delivery”
  • Products` delivery costs will be taken into account in a VAT invoice, sent to the Customer with the order.
  • VAT free prices are for : ALL COMPANIES outside EU, For EU companies - with valid VET EU number.
  • The price presented next to every Product is valid at the moment of placing the order, however, the Shop reserves the right to change prices of products, constituting the Shop`s offer, introduce new Products into the offer, perform and finish promotion actions or make changes in them. The above entitlement does not affect prices of Products in the orders, placed before the date of introducing changes of price, promotion or sale actions conditions
  • The products, presented in the Shop, are not the offer in the understanding of civil code.

 

  1. Withdrawal from the agreement (return)
  • According to the act from 2 March 2000 on protection of selected consumer`s rights and liability for harm done by a dangerous product (Law Journal No. 22, item 271 from 2000, with later changes) the Customer has the right of withdrawal from the agreement in writing, without justification, within 14 working days.
  • In the case mentioned in point 1, the Customer is obliged to return the Product immediately, not later than in 14 days. Return of the Product shall be done by means of a courier company. Shipping the product by means of other form of delivery and without a correctly filled mail return form, will result in rejecting a demand of Product return.
  • Only unused and undamaged Products may be returned. The returned Product shall be complete and in an original package.
  • Effective withdrawal from the agreement results in returning the amount due for the product only to the Customer by LOTHAREK`S LAIR
  • The information about a return planned shall be sent immediately 
  • To start a procedure of goods return, one shall meet all the above mentioned conditions, especially: send the information about a return planned  immediately, and send the product by a courier company
  • To return item, please visit tab :  Service/Returns

 

  1. Complaints
  • The Customer has the right to lodge a complaint by virtue of faults of goods, according to the act from 27 July 2002 on special conditions of consumers sales and change of civil code (Law Journal 2002, No. 141, item 1176 with changes).
  • To lodge a complaint about the Product bought in the Shop, one shall immediately send the information about it using tab:  Service/Returns
  • RMA FORM shall be filled, signed and enclosed to the Product that the complaint concerns, and next, it shall be sent with the Product exclusively by a courier company to the DELIVERY ADDRES mentioned in RMA FORM
  • According to the act from 27 July 2002 on special conditions of consumer sales and change of civil code (Law Journal 2002, No. 141, item 1176, with changes), all complaints will be responded to not later than after 14 working days from the moment of receiving the product by the Shop.
  • In case of recognition of the complaint, LOTHAREK`S LAIR pays the costs of sending back the Product.
  • In case of rejection of the complaint by LOTHAREK`S LAIR, the product is sent back at the customer`s expense.
  • Differences between the appearance of the ordered products and the products presented on the website www.lotharek.pl are not subject to complaints, as they may result from different settings (parameters) of a screen or recent PCB production run.

 

  1. Protection of personal data -  GDPR INFORMATION CLAUSE
  • According to Art. 13 section 1 and 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR. Please, be informed that the controller of your personal data is:

LOTHAREK FHU Przemyslaw Krawczyk

Oświęcimska 2C / 18

42-622 Świerklaniec, Poland

  • In the matter of your personal data, you may contact the controller of personal data by means of:
    • e-mail: lotharek@lotharek.pl
    • letter to the address of the registered office: Oświęcimska 2C / 18, 42-622 Świerklaniec, Poland

 

LOTHAREK FHU Przemyslaw Krawczyk processes your personal data in order to:

  • conclude a contract with you and perform it
    • Legal basis for processing - Art. 6(1)(b) GDPR, i.e. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
    • Period of storing personal data - until the lapse of limitation periods provided by Polish law
    • Data processed: 
      • Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres
      • BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address

 

  • meet legal obligations incumbent upon us based on generally applicable laws, including tax and accounting regulations
    • Legal basis for processing Art. 6(1)(c) GDPR and Polish tax and accounting regulations, i.e. processing is necessary for compliance with a legal obligation to which the controller is subject
    • Period of storing personal data - until the lapse of limitation periods provided by Polish law
    • Data processed: 
      • Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres
      • BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address

 

  • pursue or defend claims arising out of concluded contract 
    • Legal basis for processing - Art. 6(1)(f) GDPR, i.e. processing is necessary for the purposes of the legitimate interests pursued by the controller, i.e. for the needs of pursing or defending claims arising out of concluded contract
    • Period of storing personal data - until the lapse of limitation periods provided by Polish law
    • Data processed: 
      • Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres
      • BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address

 

  • sales analysis and statistics
    • Legal basis for processing - Art. 6(1)(f) GDPR, i.e. processing is necessary for the purposes of the legitimate interests pursued by the controller, i.e. for the needs of controller`s sales analysis and statistics
    • Period of storing personal data -  within 5 years from the date of contract performance
    • Data processed: 
      • Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres
      • BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address

 

  • provide the newsletter
    • Legal basis for processing - art. 6(1)(a) GDPR, i.e. processing is based on your consent to the processing of personal data in order to use the Newsletter
    • Period of storing personal data - until withdrawal of the consent to process personal data
    • Data processed: 
      • Individuals: e-mail addres
      • Busines: e-mail address

 

Providing your personal data is voluntary, however, it is a requirement necessary to enter into a contract.

 

  • The recipients of your personal data may be:
    • IT systems providers,
    • IT service providers,
    • entities providing accounting services, quality of service, debt recovery, legal, analytical services
    • postal operators and couriers,
    • operators of electronic payment systems and banks in the scope of payments,
    • bodies authorized to receive your personal data on the basis of legal provisions.

 

  • On the basis of GDPR, you have the right to:
    • request access to and rectification of your personal data (Article 15 of GDPR),
    • request rectification of your personal data (Article 16 of GDPR),
    • request erasure of your personal data, so-called `the right to be forgotten (Article 17 of GDPR),
    • request restriction of processing concerning you(Article 18 of the GDPR),
    • object to processing of your personal data (Article 21 of the GDPR),
    • data portability (Article 20 of the GDPR)

 

  • Consent withdrawal
    • You can withdraw your consent to the processing of your data at any time.
    • In case of the Newsletter withdrawal of consent to the processing of your data is tantamount to unsubscribing from the Newsletter. 
    • Unsubscribing from the Newsletter will result in the erasure of your data from the Newsletter distribution list.
    • Withdrawing your consent to the processing of your data does not affect the legality of the processing based on your consent before its withdrawal.

 

  • Complaint to the supervisory authority
    •  If you believe that the processing of your data violates personal data protection regulations, including the GDPR, you have the right to submit a complaint to the supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged violation.
    • In Poland, the supervisory authority within the meaning of the GDPR is the President of the Office for Personal Data Protection, which on 25 May 2018 replaced GIODO.