Platform regulations

Definitions

The definitions used in the regulations have the following meanings:

Seller’s e-mail address – [email protected];
Seller – Enve Distribution Sp. z o.o., with registered office at Wileńska 51, 05-200 Wołomin, Poland, KRS: 0000869120.
Customer – a user ordering Products for a purpose related to a business or professional activity;
Product – an item or service that can be purchased via the Platform;
Platform – website available at https://louissantier.com/ under which the Seller offers Products for purchase by customers;
statute – these Regulations specifying the terms of use of the Platform;
Page / Pages – Seller and Customer;
Sales agreement – an agreement under which the Seller undertakes to transfer the ownership of the Product to the Customer and transfer the ownership of the Gift free of charge, and the Customer undertakes to pay the price of the Product, concluded via the form available on the Platform or by phone, without the simultaneous physical presence of the Seller and the Customer, with exclusive using one or more means of distance communication until the conclusion of the contract (via the website, telephone);
Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying the type and number of Products and Gifts, submitted via the order form on the Platform or by phone;
CEST – it should be understood as Central European Summer Time.

General provisions.

The Regulations define the rules for the sale of Products via the form available on the Platform or by phone.
Placing a telephone order by the Customer may entail the necessity to charge the Customer with connection costs in accordance with the tariffs of the telecommunications operator whose services the Customer uses.
In the case of purchasing a Product, the Customer also concludes an agreement with the Seller’s contractor, the subject of which is the delivery of the Product or Gift, if the Product or Gift is delivered to the Customer by such a contractor.
The customer is absolutely obliged to comply with the provisions of these Regulations.
Intellectual property rights to the content made available via the Platform, in particular copyrights and industrial property rights in relation to the name, domain and logo of the Platform, as well as graphic, oral and verbal-graphic elements constituting its elements (e.g. offer descriptions), Platform software and the rights relating to databases are protected by law, and the entity holding intellectual property rights to this content is the Seller or entities with which the Seller has concluded appropriate agreements.
The Seller takes steps to ensure the full and proper functioning of the Platform to the extent resulting from the current technical knowledge and undertakes to remove irregularities that have been correctly reported by customers.

Terms of use of the platform.

The customer is obliged in particular to:

Use the Platform without disrupting its functioning, in particular through the use of appropriate software or devices,
Use of the content published on the Platform in a way that prevents copying or duplication in whole or in part of the Platform elements protected by exclusive intellectual property rights, in particular information, content, data, photos, drawings, icons, descriptions and trademarks, as well as the content of the Regulations.

Conclusion of a sales contract via the Platform.

The Customer may purchase (ie Conclude a Sales Agreement) the Products selected by him via the Platform or by telephone.
In order to conclude a Sales Agreement via the Platform, go to the Platform’s website, then select the Product (Products) available on the offer and place an order, taking further technical steps based on the messages or information presented to the Customer (order form).
In order to conclude the Agreement by phone, please contact the Seller at the telephone number available in the material regarding the possibility of purchasing the Product.
Orders via the Platform can be placed 24 hours a day, every day of the week. Orders can be placed from any country or territory.
Telephone orders can be placed on weekdays, from Monday to Friday, from 8:00 a.m. to 4:00 p.m., excluding public holidays.
Before placing the Order, the Customer is obliged to make sure that the electronic equipment at his disposal allows for the technical possibility of restoring the Product, for the use of which such equipment is needed. The seller is not responsible for the lack of technical possibility of its reconstruction, if its cause is the lack of equipment on the part of the customer allowing for its reconstruction.
Orders placed from Monday to Friday (except for public holidays) after 12.00 CEST, on Saturdays, Sundays and public holidays are processed on the next business day (in special cases this period may be extended).
Placing an Order requires the acceptance of these Regulations to be effective.
If the offer presented on the Platform or by phone indicates that a free Gift will be attached to the Product purchased by the Customer, the Customer shall not bear any costs of purchasing or delivering the Gift.
After the Customer places an Order via the Platform, a telephone consultant, acting on behalf of the Seller, may contact the Customer by phone to verify the correctness and confirm the order or to present the Customer with a wider sales offer to the Seller and submit an offer to sell additional Products or amend the terms of the Sales Agreement.
After placing the order and / or after making the telephone conversation referred to in paragraph 10 above, the Customer receives an e-mail confirming all the essential elements of the Order and the conclusion of the Sales Agreement along with these Regulations.
The correct implementation of the Order will be possible only after the Customer placing the Order provides all the data of this Customer necessary to perform the Order, i.e. Name and surname, address (street, house number, place and zip code), contact telephone number, e-mail address or other data indicated by the Seller via the Platform Website (order form) or during a telephone conversation.
If the Seller has any doubts as to the correctness of the Customer’s data, the Seller will verify these data by contacting the Customer. If it is impossible to contact the customer or the customer’s data cannot be verified for reasons attributable to the customer, the order will be canceled by the supplier. The Seller is not responsible for the Customer indicating incorrect data in the order form or for the inability to contact the Customer for reasons attributable to him.
The purchase prices of the Products are given in the selected currency, but do not include additional fees and taxes, except for the fees applicable at the Seller’s premises. If in the territory from which the order was placed, there are additional applicable taxes related to local law (including customs, excise duty, VAT), the customer is obliged to pay them on his own.
The method of payment of the Product price and delivery of the Gift will be indicated to the Customer when placing the Order or during the telephone calls referred to in paragraph 10 and 13 above.
Any requests for a specific delivery time or a change in the form of payment should be entered in the Order form in the Comments on the order field. The Seller will exercise due diligence to ensure that the Customer’s request for a specific delivery time is taken into account. However, he is not responsible for the delivery of the Product or Gift at a different time than indicated in the Customer’s application.

Non-compliance of the item sold with the contract and the customer’s complaint

In the event of a defect in the Product or Gift, the Customer has the right to pursue claims aimed at repairing the existing defects in accordance with the provisions of generally applicable law regarding the warranty for defects in the sold item.
If, after receiving the Product or Gift, it turns out that the received Product or Gift has defects that prevent its use in a manner consistent with its intended use, the Customer has the right to submit a complaint to the Seller in a manner consistent with the following provisions.
As part of the complaint procedure, the Customer may report only those defects of the Product or Gift that existed at the time the Product or Gift was delivered to the Customer or resulted from reasons inherent in the Product at the same time.
Complaints may be submitted by post to the Seller’s correspondence address and by e-mail to the Seller’s e-mail address.
The complaint should include:
customer data: name, surname, address, e-mail address, telephone number;
the order number under which the Customer purchased the Product or received the Product;
description of the defect of the delivered product noticed by the Customer, date of its detection;
Customer’s request as to how to remove the defect.
The complaint will be considered by the Seller no later than 14 days from the date of effective submission (this is the last day on which the Seller may send a parcel or e-mail in response to the complaint). The date of submission of the complaint is the date of receipt of the complaint by the Seller.
The Seller has the right to request the Customer to provide additional information for the effective consideration of the Customer’s complaint.
If the nature and specificity of the defect of the Product or Gift means that the effective consideration of the complaint requires more time to be spent on it, the Seller reserves the right to extend the period for considering the complaint over 14 days from the date of its effective submission. In this case, the Seller will inform the Customer about the extension of the time to consider the complaint and will indicate to him the estimated time in which the complaint will be considered.
The Seller has the right to remove the defect of the Product or Gift in a different way than the Customer requested in the complaint. In particular, the Seller may replace the product with a product free from defects, despite the Customer’s declaration of withdrawal from the Sales Agreement due to its defectiveness.
Withdrawal from the Sales Agreement due to the defectiveness of the Product also includes the withdrawal from the Sales Agreement regarding the Gift, which should be returned to the Seller on the terms specified for withdrawal from the Sales Agreement in point V of the Regulations. If the Customer uses a Gift in whole or in part, the value of the refund made to the Customer in connection with the withdrawal from the Sales Agreement is reduced proportionally to the degree of use of the Gift, and up to a value corresponding to 50% of the sales price specified in the Sales Agreement.
For the avoidance of doubt, it is stated that none of the provisions of these Regulations limits the consumer’s rights to which they are entitled under the provisions of the law applicable to the consumer’s place of residence. If such a provision is found, the relevant provisions of generally applicable law shall apply.
The customer may at any time request a solution to the problem that is the subject of the complaint procedure by a third party and, for this purpose, submit a request for mediation to the mediator or institution before which the mediation procedure will be conducted,
- apply to the institution before which the arbitration proceedings will be conducted in order to have the case examined by the arbitral tribunal,
- if they are a consumer, they may ask for help from the consumer ombudsman or another entity.
On the website http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service for consumers and entrepreneurs looking for an out-of-court solution to a dispute regarding contractual obligations arising from an on-line sales contract.
In order to remove doubts, the instruction referred to in point 11 above does not constitute an arbitration clause or an automatic consent of the Seller to participate in mediation or arbitration.

Order cancelation

The Customer is entitled to cancel the Order if the order has not yet been processed and has not been sent for delivery. For this purpose, the Customer should contact the Seller via the contact form available on the Platform’s website and submit a declaration of order cancellation, providing a unique order number, e-mail address, name and surname. The details in the cancellation statement must be consistent with the details in the Order. In the event of failure to meet the conditions referred to in this point, in particular, the provision of information about the cancellation of the Order too late or in a manner other than the above-mentioned contact form, the cancellation will not be considered effective and the Order will be processed and the Customer will bear all costs related to concluded Sales Agreement. The option to cancel the order applies only to unpaid orders.

Responsibility.

The Seller is not responsible for technical problems or technical limitations in the equipment, end device, ICT system and telecommunications infrastructure used by the Customer, which may prevent the customer from properly using the platform and the Services offered via the platform.
The seller is not responsible for:
- loss of Customer data due to hardware failure, system failure or other circumstances resulting from reasons beyond the control of the Seller or the Platform Administrator;
- the effects of using the Platform by the Customer in a manner inconsistent with applicable law, the provisions of the Regulations or the customs adopted on its basis;
- speed of data transfer and related limitations, which are caused by the occurrence of circumstances beyond the control of the Seller or the Platform Administrator, of a technical, technological or infrastructural nature.

Personal data controller.

The administrator of the Customer’s personal data is the Seller, and the Customer’s personal data will be processed for purposes related to the conclusion of the Sales Agreement and the marketing of goods and services offered by the Seller, including the use of electronic communication, telecommunications terminal devices and automatic calling systems. Providing personal data is voluntary, but necessary to conclude a Sales Agreement and use other functionalities of the Platform. Detailed rules for the processing of personal data in connection with the use of the Platform’s functionality can be found in[polityce prywatności] .

Final Provisions.

Settlement of any disputes arising between the Seller and the Customer who is not a Consumer will be settled by the court competent for the seat of the Seller or by the common court competent for the Śródmieście District, m. st. Of Warsaw.
Recognition of individual provisions of these Regulations in the manner prescribed by law as invalid or unenforceable does not affect the validity or enforceability of the remaining provisions of these Regulations.
It is forbidden to copy or reproduce in whole or in part the elements of the Platform’s website that are protected by exclusive rights, in particular information, content, data, photos, photos, drawings, icons, product and brand descriptions, the content of the Regulations and any content of the Platform.
The current Regulations are published on the Platform’s website in a way that allows their storage and multiple retrieval in the ordinary course of business.
In the event of concluding a Sales Agreement between the Seller and the Customer who is a Consumer, the Regulations may only be changed with the express agreement of the Seller and the Customer who is a Consumer.
The Regulations are an integral part of the Sales Agreement.
These regulations enter into force on September 28, 2020.