REGULATIONS
This document determines the general principles and terms and conditions of sale at www.lacoste.pl (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.pl (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.pl/polityka-prywatnosci].
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.pl. Orders are accepted via www.lacoste.pl.
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.pl 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.pl) 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.pl/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 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.pl 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.pl 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.pl 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.pl 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.pl 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.pl 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.pl 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.pl 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.pl.
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 allows the Customers lodging a complaint to return the defective Goods via the Supplier. Free return to Devanlay is possible after contacting the Devanlay hotline [Devanlay Customer Service Office] at the phone number 22 278 15 99 and ordering the courier there, together with providing address data from where the courier should pick up the package with the claimed Goods.
5. 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.pl. 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.pl 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. In case of return of the Goods through the Supplier, please contact Devanlay, using the online form or by phone at +48 222 78 15 99 to arrange for the Goods to be collected from the Customer being a Consumer, i.e. to order a courier and provide the address data from where the courier should pick up the package of the Goods. The Goods shall be sent back in the same packaging in which it was received to the following address: Online Shop Devanlay Polska Sp. z o.o. with its registered office in Warsaw (02-273 Warsaw), ul. Muszkieterów 15C hall C1-C2.
8. If the Customer being a Consumer fails to use the free of charge option of returning the Goods, the Customer must incur the costs of shipment and incur the costs and risk of returning the Goods.
9. 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. Return of the Goods may be made at the cost of the Customer or the Customer may use the free return of the Goods to Devanlay, which is possible after contacting the Devanlay hotline [Devanlay Customer Service Office] at the phone number +48 222 78 15 99 and ordering the courier there with the address data, from where the courier should pick up the package with the Goods.
5. 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 (link https://www.lacoste.pl/newsletter-form). 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.pl 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.pl 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.pl. 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 05.08.2020.