Terms and Conditions - Online Shop Lunares.eu

I. General Info

Lunares Online Lighting Store available at lunares.eu is ran by a Limited Company Lean Logics Sp.z o.o. based in Poland, Krakow, with its registered office at ul. Samuela B. Lindego 1C, registered in the Polish Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy - KRS) kept for the Krakow-Śródmieście District Court (Commercial Division XI - Wydział XI Gospodarczy) under KRS number 0000602467, identified by NIP number 6772398750, (VAT ID: PL6772398750), having: address of the place of business and address for delivery: Lunares, ul. Pasternik 19, 31-354 Krakow, e-mail address: shop@lunares.eu, telephone number: +48 515 574 581, hereinafter referred to as the Seller.
These Terms and Conditions were written based on the Polish Law: Consumer Rights Act (Ustawa o Prawach Konsumenta) of May 30, 2014 (with amendments), hereinafter referred to as the Consumer Rights Act.
Provisions of the regulations less favorable to the Customer than the provisions in Consumer Rights Act is void and the relevant provisions of that law apply instead.
These Terms and Conditions are addressed both to Physical Customers and Companies or Legal 3rd Parties (except for points under section Companies or Legal 3rd Parties of these Terms and Conditions, which are addressed only to Companies or Legal 3rd Parties).
Term Physical Customer reffers to a physical person, not having legal personality.
Term Company or Legal 3rd Party refers to companies or other entities having legal personality, not being a physical person.
Term Customer refers to either Physical Customer or Company or Legal 3rd Party who are side of Sales Agreement.
Term Entrepreneur with Consumer Rights refers to a natural person who concludes with the Seller an agreement directly related to their business activity, where the content of that agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity they carry out, made available on the basis of the Polish regulations on the Central Register and Information on Business Activity (CEIDG).

II. Accounts

Account is an Electronic Service constituting an individual set of resources and functionalities in the Seller’s IT system, marked with an e-mail address or another identifier and secured with a password, in which the data provided by the Customer and information about the Orders placed by the Customer are stored and the functionalities of the Online Store are made available. The scope of an Account’s functionalities may depend on its type and on the additional permissions granted to the Customer.
The Account is provided free of charge for an indefinite period. The Customer may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Seller, in particular by e-mail to shop@lunares.eu.
Account Type is a variant of the Account specifying the scope of available functionalities or individual conditions for using the Online Store. The Seller may make available in particular a Standard Account, a Designer Account and a B2B Account.
Standard Account is the basic Account Type available to the Customer after correctly completing registration, not containing the additional permissions assigned to a Designer Account, a B2B Account or the Affiliate Program.
Designer Account is an Account Type intended for Customers who professionally carry out design, architectural, interior-arrangement or other activity related to the design of spaces or the selection of lighting.
B2B Account is an Account Type intended for Customers who are entrepreneurs or other entities purchasing Products in connection with their business or professional activity, in particular for shops, distributors, installers, electricians, contractors and entities making wholesale or regular purchases.
Affiliate Program is an additional Account functionality made available to selected Customers, enabling them to recommend the Online Store or Products, create promotional codes or affiliate links, and earn commissions on the terms set out in the Affiliate Program Regulations.
Affiliate Program Regulations are separate regulations specifying the rules for granting access to the Affiliate Program, using its functionalities, calculating and paying out commissions, making corrections, and suspending or terminating participation in the Affiliate Program.
Before creating an Account, the Seller makes these Terms and Conditions available to the Customer free of charge in a manner that allows them to be obtained, reproduced and recorded. Creating an Account requires acceptance of the Terms and Conditions. The current Terms and Conditions are available on the Online Store website and in the Account panel.
The Customer is obliged to protect the Account login credentials against access by unauthorized persons. The Customer may not share the Account with third parties, except for persons authorized to act on the Customer’s behalf. The Customer should immediately inform the Seller of any suspicion of unauthorized access to the Account.
The basic Account Type is the Standard Account. At the Customer’s request or on the basis of an individual proposal from the Seller, an Account may be designated as a Designer Account or a B2B Account. The Seller may also grant the Account additional permissions, including access to the Affiliate Program.
Granting a Designer Account or a B2B Account may require providing data or documents allowing verification of the type of activity conducted, the professional or business status, and the correctness of the Customer’s data, in particular the company name, tax identification number, business address, website, portfolio or information about the profession performed. The Customer is obliged to provide data consistent with the actual state and to update it in the event of any change.
The Seller decides whether to grant a Designer Account, a B2B Account or an additional permission after carrying out verification. The Seller may refuse to grant them if the Customer does not meet the conditions, does not provide the data necessary for verification, provides untrue data, or there is a justified risk of abuse. Different additional permissions may be granted to a single Account, provided that the functionalities of the Online Store allow it.
A Designer Account and a B2B Account may provide access to individual offers, prices, discounts, materials, tools, ways of handling or other benefits indicated in the Account panel. The scope and conditions of these benefits may depend on the manufacturer, the Product, the value of the Order, the history of cooperation or other objective commercial criteria. A change to such conditions applies to future Orders and does not affect Orders already placed.
Merely holding a Designer Account or a B2B Account does not determine the legal character of a particular Order, nor does it exclude the rights granted to the Customer by mandatory provisions of law. The character of an Order is assessed taking into account its purpose and the circumstances of its conclusion.
The Customer may resign from a Designer Account, a B2B Account or an additional permission without having to delete the Account. The Seller may suspend or withdraw a given Account Type or additional permission if the Customer has ceased to meet the conditions for holding it, has provided untrue or outdated data, violates the Terms and Conditions or separate regulations concerning a given functionality, shares benefits with unauthorized persons, or uses the Account in an unlawful, fraudulent or misleading manner or in a manner that threatens the security or legitimate interests of the Seller. Unless immediate action is necessary for legal, security or abuse-prevention reasons, the Seller will inform the Customer of the reason for suspending or withdrawing the permission.
The Seller may make the Affiliate Program available to selected Customers. The Affiliate Program is an additional Account functionality and is not necessary to use the other Account functionalities or to place Orders in the Online Store.
The detailed rules of the Affiliate Program are set out in the Affiliate Program Regulations. They are made available in the Account panel to Customers who have been granted access to the Affiliate Program or who have been enabled to join it. Starting to use the Affiliate Program tools requires prior, separate acceptance of the Affiliate Program Regulations.
Until the Affiliate Program Regulations are accepted, the tools enabling the creation of promotional codes, affiliate links, commission calculation or payout requests may remain inactive. The Affiliate Program Regulations are not made available in the Account panel to other Customers if they do not have access to the Affiliate Program or the possibility of joining it.
In matters not regulated by the Affiliate Program Regulations, these Terms and Conditions apply. In the event of a conflict of provisions, in matters directly concerning the Affiliate Program, the provisions of the Affiliate Program Regulations take precedence.
Suspension, withdrawal or termination of access to the Affiliate Program does not result in automatic deletion of the Account. The rules for settling commissions, corrections and payout requests after the end of participation are set out in the Affiliate Program Regulations.

III. Purchasing

Sales Agreement between the Customer and Lunares Online Lighting Store takes place after placing an Order by Customer using the Order Form in the Online Store. The contract is considered to be concluded after the Customer receives an email confirming the order, sent to e-mail address provided by customer when placing the order.
Customer places Order by adding product to Basket (via Add to Basket button) and then continuing and providing personal data on next page and then proceeding with checkout.
When placing an order, Customer selects the type of shipment and is informed about the price shipment.
Product prices displayed on the Lunares Online Lighting Store website contain VAT, but do not include costs of delivery. Next to the price there is also a symbol of the currency in which the price is expressed.

IV. Payment methods

Credit / Debit Card (PayU)
Service is provided by:

PayU S.A.

ul. Grunwaldzka 186

60-166 Poznań

Poland

VAT ID: PL7792308495
Bank Transfer
We accept bank transfers in currency EUR to account:

IBAN: PL09 1870 1045 2078 1071 2881 0003

BIC/SWIFT: NESBPLPWXXX

Bank: Nest Bank

Payee:

Lean Logics Spółka z Ograniczoną Odpowiedzialnością
Lindego 1C, 30-148 Krakow, Poland
PayPal
Payment through PayPal system to email address: shop@lunares.eu.
Service is provided by:

PayPal (Europe) S.à r.l.et Cie, S.C.A.

R.C.S. Luxembourg B 118 349
Cash on Delivery
Pay with cash on delivery. Only available when shipping to Czech Republic, Hungary, Poland and Slovkia.

In the case of payment via PayPal or Bank transfer, the customer is obliged to make a payment within 7 calendar days from the date of placing the Order, unless other payment terms are agreed via e-mail.

If the Customer selects payment on collection in person, then customer is obliged to make the payment upon delivery.

V. Delivery time and costs

We deliver to the European Union. Shipping cost calculated is when you place the order and depends on the country of shipment.
Term Business Day means a day between Monday and Friday, which is not a bank holiday in Poland
Term Time to Dispatch is time which Seller needs to complete the order and is provided at each product’s page as Dispatched within. Time to Dispatch is expressed in Business Days.
Shipment is dispatched before Time to Dispatch passes.
The Seller provides the Customer with the following methods of delivery or collection of the Product in Poland or the European Union:
1. Courier, cash on delivery, pallet (if required by the product).
2. Personal collection at: Pasternik 19, 31-354 Krakow, Poland, after prior appointment.
3. Detailed price list of shipments can be found here
Delivery Time means time needed by transport provider to move parcel from Seller to Customer. Delivery Time inside European Union usually takes up to 5 days and should not exceed 14 Business Days.
Customer should receive ordered products within Time to Dispatch + Delivery Time.
In the case of shipment of many products, overall Time to dispatch equals Time to Dispatch of product that requires the most time to be dispatched.
Time to Dispatch starts passing from the moment when Seller reiceives money at its Bank or Pay Pal Account.
In the case of collection in person, Time to Dispatch starts passing from the date of placing the order. Customer will be able to collect his purchase after Time to Dispatch passes or sooner upon receiving information from Seller.

VI. Complaints and Returns

The Seller is obliged to deliver to the Customer a Product that is in conformity with the Sales Agreement. Towards a Customer who is a consumer, and towards an Entrepreneur with Consumer Rights, the Seller is liable for any lack of conformity of the Product with the Sales Agreement on the terms set out in the Consumer Rights Act.
The Seller is liable for any lack of conformity of the Product with the Sales Agreement that exists at the time of its delivery and is revealed within two years from that time. A lack of conformity revealed within this period is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption cannot be reconciled with the nature of the Product or of the lack of conformity. The Seller is also liable for a lack of conformity resulting from incorrect installation, if the installation was carried out by the Seller or under the Seller’s responsibility, or if incorrect installation carried out by the Customer resulted from errors in the instructions supplied.
If the Product is not in conformity with the Sales Agreement, the Customer may demand its repair or replacement. The Seller may make a replacement when the Customer demands repair, or carry out a repair when the Customer demands replacement, if the method chosen by the Customer is impossible or would require excessive costs. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
If the Product is not in conformity with the Sales Agreement, the Customer may submit a statement on a price reduction or on withdrawal from the Sales Agreement where:
- the Seller has refused to bring the Product into conformity with the Sales Agreement;
- the Seller has failed to bring the Product into conformity with the Sales Agreement;
- the lack of conformity persists even though the Seller has attempted to bring the Product into conformity with the Sales Agreement;
- the lack of conformity is significant enough to justify a price reduction or withdrawal from the Sales Agreement without first requesting repair or replacement;
- it clearly follows from the Seller’s statement or from the circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without significant inconvenience to the Customer.
The reduced price must remain in such proportion to the price under the Sales Agreement as the value of the Product not in conformity remains to the value of the Product in conformity. The Seller refunds to the Customer the amounts due as a result of exercising the right to a price reduction promptly, no later than within 14 days of receiving the Customer’s statement on the price reduction. The Customer may not withdraw from the Sales Agreement if the lack of conformity is insignificant; the lack of conformity is presumed to be significant. In the event of withdrawal, the Customer promptly returns the Product to the Seller at the Seller’s expense, and the Seller returns the price no later than within 14 days of receiving the Product or proof of its return.
A complaint may be submitted in particular:
- by e-mail to: shop@lunares.eu,
- in writing to:
  Lunares
  ul. Pasternik 19
  31-354 Krakow
  Poland.
It is recommended to state in the complaint the Order number, a description of the lack of conformity found, the date on which it was revealed, the Customer’s request, and contact details. This information is a recommendation only and its omission does not affect the effectiveness of the complaint. The Seller will respond to the complaint immediately, no later than within 14 days of receiving it. Failure to respond within this period means the complaint is deemed accepted. The rights arising from the lack of conformity of the Product with the Sales Agreement are independent of any rights under a guarantee. Towards Customers who are entrepreneurs and are not Entrepreneurs with Consumer Rights, the Seller’s liability for defects of the Product is governed by the provisions of the Civil Code (Kodeks Cywilny), subject to section VIII (Companies or Legal 3rd Parties) of these Terms and Conditions.
In connection with a complaint, the Product should be delivered to the following address:
Lunares
ul. Pasternik 19
31-354 Krakow
Poland.

VII. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

A consumer who has entered into a distance contract may withdraw within 14 calendar days from it without giving a reason and without incurring costs. However, the exception is the situation specified in point VII.7 of the Regulations, which applies only if it occurs.

To exercise the right of withdrawal, you must inform us:

Lunares Store,
ul. Pasternik 19,
31-354 Krakow, Poland
shop@lunares.eu

about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or email).

You can use a withdrawal form. A template of the declaration on withdrawal form is contained in Annex No. 2 to the Consumer Rights Act or here (click this link). The consumer may use the form template, but this is not necessary.
To meet the deadline to withdraw from the contract, it is enough for you to send information regarding performance your right to withdraw from the contract before the deadline to withdraw from the contract.
In the event of withdrawal from a distance contract, the contract is considered void.
Consequences of withdrawal from the contract
1. In the event of withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from the method of your choice delivery other than the cheapest method of delivery offered by us), no later than 14 days from the day, in which we have been informed of your decision to exercise the right to withdraw from this contract.
2. Payment refunds will be made using the same payment methods that you used for the original transaction, unless you have expressly agreed otherwise; in any case you will not incur any fees in connection with this return.
3. We may withhold reimbursement until we receive the item or until it is delivered to us proof of her referral, whichever occurs first.
4. Please send back or hand over the item to us immediately, and in any case not later than 14 days from in which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline.
5. You will have to bear the direct cost of returning the item (transport to us).
6. The consumer is responsible for reducing the value of the Product as a result of use from it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
1. In the case of a Product which is a service whose performance - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right Withdrawal from the contract after making such a request, he is required to pay for the services fulfilled until moment of withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
2. The cost of transporting goods to us, shipping by courier, for example, approximately EUR 15.
3. If the item, due to its nature, cannot be sent via post or courier because it is transported using pallets or a non-standard size, you will have to bear the direct cost of returning the item. The amount of these costs is estimated at a maximum of EUR 150.
Customer is liable for the decrease in the value of Product as a result of use from it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of Product.
The right to withdraw from a distance contract is not available to the Customer if purchased Product is a Custom Made Product (non-prefabricated), manufactured according to Customer specifications or to satisfy his individual needs.

VIII. Companies or Legal 3rd Parties

The provisions of this section do not apply to an Entrepreneur with Consumer Rights to the extent that mandatory provisions of law grant them rights proper to a consumer.
Companies registered in European Union, but outside of Poland, who have EU VAT ID, can request a 0% VAT invoice. In such case please email us your EU VAT ID to shop@lunares.eu. After performing a check we can issue a 0% VAT invoice.
Lunares Online Lighting Store has the right to withdraw from Sales Agreement concluded with a Company or Legal 3rd Party within 14 Business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without providing a reason.
In the case of Customer being Company or Legal 3rd Party, the Seller has the right to limit available payment methods, including the requirement to make a prepayment in whole or in part, regardless of payment method selected by Customer when placing Order.
In the case of Customer being Company or Legal 3rd Party, Seller is responsible for Product until it is passed to the carrier, at which moment benefits and burdens associated with the Product and the risk of accidental loss or Product damage is passeed to the Customer. In this case, the Seller is not responsible for loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the parcel.
In the event of sending the Product to the Customer who is a Company or Legal 3rd Party, through the carrier, the Customer is obliged to inspect the parcel upon delivery. If he determines that during the transport there was a loss or damage to the Product, is obliged to perform all actions necessary to determine the liability of the carrier.
Responsibility of the Seller in relation to the Sales Agreement with Customer who is a Company or Legal 3rd Party, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs due to Sales Agreement, however, not more than up to the amount of 1500 PLN.
In accordance with Art. 558 § 1 of the Civil Code (Kodeks Cywilny), the Seller’s liability under the warranty for defects (rękojmia) of the Product towards a Customer who is an entrepreneur and is not an Entrepreneur with Consumer Rights is excluded. This exclusion is ineffective if the Seller fraudulently concealed the defect.

IX. Personal Data and Data Protection in Lunares Online Lighting Shop

Administrator of the Customer Data of the Lunares Online Shop customers, processed in connection with the implementation of the provisions of these Terms And Conditions, is Seller. Personal data are processed for purposes within the scope and on the basis of rules specified in these Terms and Conditions. Providing personal information is voluntary. Each Customer whose personal data is processed by the _Seller has the right to inspect their content and the right to update, correct or erase them.
Customer can access, correct or erase their data by request which may be submitted:
1. in writing to the following address:
  Lunares
  Ul. Pasternik 19
  31-354 Krakow
  Poland
2. in electronic form via e-mail to the following address: shop@lunares.eu.
Possible recipients of personal data of Customers of the Online Store:
1. Delivery Serivce Operator - UPS Poland. The Seller provides Customer’s personal data in order to dispatch shipment.
Providing personal data is voluntary, but is necessary to conclude Sales Agreement. Not providing personal data required results in the inability to conclude this contract.
As part of the Sales Agreement with the Customer, the Seller is authorized to send and e-mail to Customer’s address with an invitation to fill out the after-sales survey. The survey is used to examine the opinion about the transaction. The Customer may fill the survey voluntarily.

X. Resolving conflicts

We encourage to resolve conficts without courts.
Any court disputes arising between the Seller and the Customer will be processed by a court having jurisdiction over the seat of the Seller (Krakow, Poland).

XI. Changes and matters not covered by this document

In matters not covered by these Terms and Conditions, there are applicable universally applicable provisions of Polish Law, in particular:
- The Civil Code (Kodeks Cywilny);
- Act on the Provision of Services by Electronic Means (Ustawa o Świadczeniu Usług Drogą Elektroniczną) of July 18, 2002 (with amendments),
- Consumer Rights Act (Ustawa o Prawach Konsumenta) of May 30, 2014 (with amendments)
- other applicable regulations of Polish universally applicable Law.
The Seller reserves the right to amend these Terms and Conditions for important reasons, in particular in the event of: changes in the law, decisions of authorities or rulings affecting the operation of the Online Store; changes to the Seller’s identification or contact details; changes to the methods of payment, delivery or placing Orders; the introduction, modification or discontinuation of Electronic Services, Account functionalities, Account Types or additional programs; changes to technical requirements; the need to improve security, data protection or abuse prevention; as well as the need to remove errors, ambiguities or inconsistencies in the Terms and Conditions – to the extent that a given reason affects the content of the Terms and Conditions.
Information about an amendment to the Terms and Conditions and its new content may be communicated to the Customer by e-mail or by a message in the Account panel. The current version of the Terms and Conditions remains available on the Online Store website and in the Account panel.
The Seller may issue separate regulations concerning additional Account functionalities or programs made available to selected Customers. Such regulations are made available to the Customer before they begin using the functionality covered by them, in a manner that allows them to be obtained, reproduced and recorded. Separate regulations bind the Customer after they have been accepted, if acceptance is required to use a given functionality.

{{ item_option.name }}:	{{ item_option.value }}
Quantity:	{{ lastProduct.quantity }}
Price:	~~{{ lastProduct.price_before_discount \| currency }}~~ {{ lastProduct.price \| currency }}

Quantity:	{{ basket.quantity }}
Basket value:	~~{{ basket.value_before_discount \| currency }}~~ {{ basket.value \| currency }}