Terms and conditions

Store terms and conditions

I. GENERAL PROVISIONS

These Terms and Conditions define general conditions of sale through the liocat.com online store in the liocat.com domain run by FF Sp. z o.o. with its registered office in ul. Deszczowa 21, 53-024 Wrocław, entered by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under the KRS number: 0000649983, NIP: 8971831995 , REGON: 365994414 and defines the terms and conditions for the provision of free services by electronic means by the online store.
The Terms and Conditions are made available on a continuous basis on the store’s website at: www.liocat.com/regulamin/ in a way which allows users to play and record its content.

II. DEFINITIONS

The terms used in the Terms and Conditions mean:

Working days – weekdays from Monday to Friday, excluding public holidays.
Delivery – an actual action consisting of delivering the Goods specified in the order to the Customer by the Seller through the agency of the Deliverer.
The Deliverer – an entity, with which the Seller cooperates in the scope of making the Delivery of the Goods, that is:
a. General Logistics Systems Poland Sp. z o.o., with its registered office in Głuchów, Komorniki municipality (62-052), at 10 Tęczowa Street, NIP 7851561831, entered into the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, Division VIII KRS under number 0000005009, providing professional courier services.

Password – a sequence of letters, digital or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer’s Account in the Online Store.
Customer – an entity to whom services may be provided electronically or with whom a Sales Agreement may be concluded in accordance with the Terms and Conditions and legal provisions.
Consumer – a natural person who performs a legal action with the entrepreneur, who is not directly related to its business or professional activity.
Customer Account – an individual panel for each Customer, made available to him/her by the Seller, after the registration of the Customer and the conclusion of an agreement to provide the service of maintaining the Customer’s Account.
Login – an individual identification of the Customer, established by the Customer, consisting of a sequence of letters, digital or other characters, required together with the Password to establish a Customer Account in the Online Store.
Electronic Payments Operator – a payment institution mediating between the Customer and the Seller in making payments, that is:
Dotpay S.A. with its seat in Kraków (30-552), 72 Wielicka Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Department of the National Court Register under KRS number 296790, NIP: 6342661860, Regon: 240770255,

and:

PayU S.A. with its registered office in Poznań, 60-166 Poznań, at 182 Grunwaldzka Street, entered into the Register of Payment Services under number IP1/2012, entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under number KRS 0000274399, NIP: 779-23-08-495, REGON 300523444.

 

Entrepreneur – a natural person, a legal person or an organizational unit which is not a legal person, to whom the Act grants legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
Terms and Conditions – the content of the provisions of these Terms and Conditions.
Registration – an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Store.
Seller – FFl Sp. z o.o. with its registered office in ul. Deszczowa 21, 53-024 Wrocław, entered by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under number 0000649983, NIP: 8971831995, REGON: 365994414.
The Store’s website – websites under which the Seller runs the Internet Store, operating within the domain www.liocat.com.
Goods – products presented by the Seller through the Store’s Website, which may be the subject of a Sales Agreement.
Durable medium – a material or tool enabling the Customer or Seller to store information addressed personally to him/her, in a way that allows access to information in the future for a period of time appropriate to the purposes for which the information is used and which allows for the reconstruction of stored information in an unchanged form.
Sales contract – a sales contract concluded between the Customer and the Seller at a distance, on the principles set out in the Terms and Conditions.
User – an Internet user, using the Store, purchasing or intending to purchase goods or services presented by the Seller through the Store.

III. TERMS OF USE OF LIOCAT.COM

User who is a natural person may use the Store provided that they have full legal capacity.
User who is not a natural person may use the Store through persons authorized to act on its behalf.
The Seller shall make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements to be able to use the Shop’s Website are an Internet browser with at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 (or newer versions), with Javascript support enabled and an Internet connection with a throughput of at least 256 kbit/s.
The Seller uses the mechanism of “cookies”, which when Customers use the Store Website, are stored by the Seller’s server on the hard drive of the Customer’s end device. Detailed rules of functioning of “cookies” files are described in the document: “Privacy Policy of the liocat.com store”, available on the website of the Internet Shop at: www.liocat.com/polityka-prywatnosci/.
It is prohibited to provide illegal content by the Customer and the use by the Customer of the Online Store, the Online Store Website or free services provided by the Seller, in a manner that is contrary to the law, good manners or violates the personal rights of third parties.
The Seller declares that the public nature of the Internet network and the use of services provided by electronic means may involve the risk of acquisition of Customer data by unauthorized persons, therefore, customers should use appropriate technical measures to minimize these risks. In particular, it is recommended to use anti-virus and identity protection software.

IV. REGISTRATION IN THE SHOP

In order to create a Customer Account, the Customer makes a free Registration by completing the registration form provided by the Seller on the Store’s Website and sending it electronically to the Seller by selecting the appropriate function contained in this form.
Registration is necessary to place an order in the Online Store.
During registration, the Customer sets an individual password. The Seller never asks the Customer to provide the password in any form.
In the course of completing the registration form, the Customer has the opportunity to read the Terms and Conditions and accept its content by checking the appropriate box in the form.
In the course of registration, the Customer may voluntarily agree to the processing of their personal data for marketing purposes (hereinafter referred to as marketing permission) by checking the appropriate box in the registration form.
Granting of marketing consent by the Customer is not required to conclude a Sales Agreement with the Seller or an agreement for the provision of electronic services of maintaining the Customer’s Account.
In the case of the marketing consent, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as known to the Seller or expected recipients of these data. Granting consent means, in particular, consent to receive commercial information from the Seller to the Customer’s e-mail address given in the registration form.
The marketing consent may be withdrawn at any time by submitting a Customer’s appropriate statement on a durable medium to the Seller. Such a declaration may be sent to the address of the Seller, for example, via e-mail.
After sending the completed registration form, the Customer immediately receives confirmation of the Registration from the Seller by e-mail to the e-mail address given in the registration form. At this point, an agreement for the provision of electronic services of maintaining the Customer’s Account is concluded.
The user is obliged not to disclose their login and access password, used to log into the Store to third parties.

V. PRINCIPLES OF ORDER EXECUTION

The seller carries out wholesale sales electronically via the Internet and by telephone. In the case of orders made electronically, they are accepted by websites available on the domain www.liocat.com or by e-mail.
Up-to-date contact details of the Seller can be found on the relevant information page of the Store.
The Customer may place orders in the Online Store through the Store’s website 7 days a week, 24 hours a day.
Users have the possibility to:
a. use the Store without registering, or

b. register in the Store using the User’s access data.

All prices listed on the Store’s Websites are gross prices (including VAT). For each product sold, a sales document is issued (VAT invoice), which will be delivered in a package together with the goods.
The Customer placing an order via the Store’s website completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the command “ADD TO THE CART” found below the given item of Goods presented on the Store’s website. After completing the entire order and indicating in the “CART” the method of delivery and form of payment, the Customer places an order by sending an order form to the Seller, selecting the “ORDER AND PAY” button on the Store’s website.
Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as any additional costs that he/she is obliged to incur in regard to the Sales Agreement.
Placing an order constitutes submitting an offer to the Seller by the Customer to conclude a Sales Agreement for the Goods being the subject of the order.
After placing an order, the Seller sends information about accepting the order for execution to the e-mail address given by the Customer. Information on acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to above and upon its receipt by the Customer, a Sales Agreement is concluded.
After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms and conditions, sending them on a durable medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during registration or order placement.
VI. PAYMENT METHODS

The following methods of payment are possible:
a. On delivery – on receipt of the parcel by the Customer (the fee is collected by the courier),

b. Online bank transfer – a form of electronic payment operated by the Electronic Payment Operator.

The Customer is obliged to pay the price for the ordered Goods, including delivery costs, no later than 14 days after the conclusion of the contract.
Possible additional costs associated with individual methods of payment are specified each time in the summary of the order.
In case of some types of goods, the Seller reserves the right to limit the method of payment or delivery by not making available certain methods of payment and delivery. Each time information about the limitation is included in the description of the Goods.
VII. DELIVERY TO THE INDICATED ADDRESS

The ordered product is delivered with the participation of Deliverers who are specialized postal operators or courier operators.
The place of performance related to the purchase of products at www.liocat.com is the delivery address indicated by the Customer.
The Seller shall place information about the number of Business Days needed for delivery and execution of the order on the Store’s website.
The delivery and order completion date indicated on the Store’s website is counted in Business Days:
a. On receipt – from the moment of placing an order by the Customer,

b. On the day of sending the Goods to the Customer, information confirming sending of the parcel by the Seller is transferred to the Customer’s e-mail address.

The package should be collected within 14 days of receiving information about the possibility of collecting the product.
In the case of the Customer’s absence at the address indicated by him/her when placing an order as the Delivery address, an employee of the Delivery Provider will leave a notice or make an attempt to contact the Customer by phone to determine the date on which the Customer will be present. If the ordered Goods are sent back to the Online Store by the Deliverer, the Seller shall contact the Customer electronically or by phone, setting again the date and cost of the Delivery.
The Customer should examine the delivered package in time and in the manner accepted for packages of a given type in the presence of the Deliverer’s employee.
In the case of finding a shortage or damage to the package, the Customer also has the right to request the Deliverer’s employee to draw up a proper protocol.

VIII. COMPLAINT PROCEDURE

The products available in the offer of liocat.com are brand new and free from physical and legal defects, unless otherwise stated in a particular offer.
All products available at www.liocat.com have been legally introduced to the Polish market.
The Seller is liable to the Customer under warranty if the Goods have a physical or legal defect.
If the Goods have a defect, the Customer under warranty may:
a. make a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience for 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 the Seller or the Seller has not fulfilled the obligation to replace the Goods with the Goods free from defects or remedy the defects. The Customer may, instead of the removal of the defect proposed by the Seller, demand replacement of the Goods with free of defects or demand removal of the defect instead of replacement of the Goods, unless bringing the goods to compliance with the contract in the manner selected by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, 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 if another way of satisfaction was opted for.

b. demand replacement of defective Goods with defect-free Goods or removal of the defect. The Seller is obliged to replace the defective Goods with the Goods free from defects or remove the defect within a reasonable time without excessive inconvenience for the Customer. The Seller may refuse to satisfy the request of the Customer to reimburse due to defective Goods if the manner selected by the Customer is impossible or would require excessive costs in comparison with the second possible way of bringing about compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

The Customer, who exercises the rights under the warranty, is obliged to deliver the defective item to the address of the Seller. The cost of delivery shall be borne by the Seller.
The Seller shall be liable under warranty, if a physical defect is found within two years from delivery of the Goods to the Customer.
Claim for removal of a defect or replacement of the Goods with a defect-free one-year period expires, but this period cannot end before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Contract of Sale or make a declaration of price reduction due to a defect in the Goods. If the Customer requested to replace the Goods with a defect-free one or to remove the defect, the period for withdrawing from the Contract of Sale or submitting a declaration of price reduction begins at the moment of ineffective expiry of the period for replacing the Goods or removing the defect.
Any complaints related to the Goods or performance of the Contract of Sale, the Customer may address in electronic form to the e-mail address: hello@liocat.com or in writing to the address: FF Sp. z o.o., ul. Deszczowa 21, 53-024 Wrocław.
In order for the Seller to consider a complaint about the Goods, the Customer should send the Goods under complaint to the Seller at the address: FF Sp. z o.o., ul. Deszczowa 21, 53-024 Wrocław.
In case of a Customer who is a Consumer, the Seller covers all documented costs of complaint, in particular the cost of delivery of the Goods under complaint to the Seller and the cost of sending the Goods back to the Customer.
The Seller, at the latest within 14 days from the day of the request containing the complaint, shall respond to the complaint on the Goods or complaint related to execution of the Sales Agreement as reported by the Customer.
IX. WITHDRAWAL FROM A REMOTE-CONCLUDED CONTRACT

The Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the Contract of Sale begins from the moment when the Goods are taken into the possession by the Customer or a third party indicated by the Customer, other than the carrier.
The Customer may withdraw from the Sales Agreement by submitting a statement on withdrawal to the Seller.
In order to meet the deadline, it is sufficient to send the statement before its expiry in electronic form to an e-mail address: hello@liocat.com or in writing to the address: FF Sp. z o.o., ul. Deszczowa 21, 53-024 Wrocław. This declaration may also be sent in a package together with the returned goods. In the case of submitting the form via e-mail, the Seller shall immediately confirm its receipt to the Customer on a durable medium.
Returned goods should be sent to the address: FF Sp. z o.o., ul. Deszczowa 21, 53-024 Wrocław.
In the case of withdrawal from the Sales Agreement, the Agreement is considered not concluded.
If the Customer made a declaration of withdrawal from the Sales Agreement before the Seller accepted the Customer’s offer, the offer is no longer binding.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the Sales Agreement, return to him/her all payments made by him/her, including the cost of Delivery. The Seller may withhold reimbursement of payments received from the Customer until receiving back the Goods or providing a proof of sending back the Goods by the Customer, depending on which event occurs earlier.
If the Customer using the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Customer for additional costs incurred by him/her.
The Customer is obligated to return the Goods to the Seller immediately, but no later than within 14 days from the day on which he/she withdrew from the Sales Agreement. In order to keep the deadline, it is sufficient to send back the Goods to the Seller’s address before expiry of the deadline.
In the case of withdrawal, the Customer shall bear only direct costs of return of the Goods. The amount of these costs is estimated at a maximum of 13 PLN (according to the retail price list of Poczta Polska for an economic postal parcel).
The Customer shall be liable for reduction of value of the Goods resulting from its use in a manner exceeding the manner necessary to determine the nature, characteristics and functioning of the Goods.
The Seller shall refund the payment using the same method of payment as used by the Customer.
The right to withdraw from the contract shall not apply to, among others, the agreement:
a. where the object of the service is an unprocessed item, manufactured according to the Customer’s specifications or serving to satisfy his/her personalised needs;

b. where the object of the service is an item which is rapidly deteriorating or has a short shelf life;

c. where the object of the service is an item delivered in sealed packaging which cannot be returned for health protection reasons or for hygienic reasons if the packaging was opened after delivery;

d. where the subject matter of the service is an item which, by its nature, is inseparably connected with other items after delivery;

e. where audio or visual recordings or computer programs supplied in sealed packaging are the object of the service, if the packaging has been opened after delivery;

f. for delivery of digital content, which is not recorded on a physical medium, if performance has begun with the Customer’s express consent, before the expiry of the withdrawal period.

X. PERSONAL DATA PROTECTION

The administrator of the Customers’ personal data provided voluntarily as part of Registration, one-time order placement and as part of the Seller’s provision of services by electronic means or in other circumstances specified in these Terms and Conditions, is the Seller.
The Seller processes Customers’ personal data in order to carry out orders, provide services by electronic means and for other purposes specified in the Terms and Conditions. The data are processed only on the basis of the law or consent expressed by the Customer.
Personal data provided to the Seller is given voluntarily, with the provison, however, that failure to provide the data specified in the Terms and Conditions during the registration process prevents the registration and establishment of a Customer Account and prevents the submission and implementation of the Customer’s order, in the case of placing an order without Customer Account Registration.
Anyone who provides the Seller with their personal data has the right to access their content and to correct them.
The Seller shall provide the possibility of removing personal data from the database, in particular in the case of deleting the Customer Account.
The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.
The Seller shall submit the Customer’s personal data just once to the Deliverer in the scope that is necessary for the delivery of a particular order.
XI. FREE SERVICES PROVIDED BY ELECTRONIC MEANS

1. The Seller provides free of charge services to the Customers by electronic means:

a. Contact form;

b. Newsletter.

c. Operating Customer’s Account.

1. The services indicated above are provided 7 days a week, 24 hours a day.

2. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services listed above, of which he will inform the Customers in a manner appropriate for the change of the Terms and conditions.

3. The service called Contact Form, consists of sending a message to the Owner of the Website using a form placed on the Website.

4. Cancelling the free service Contact Form, is possible at any time and consists in stopping sending queries to the Owner of the Website.

5. The Newsletter service may be used by any Customer who enters their e-mail address, using the registration form provided by the Website Owner on the Website. After sending the completed registration form, the Customer immediately receives a confirmation from the Website Owner by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the provision of the Newsletter service by e-mail is concluded. During the Registration process the Customer may additionally check the appropriate box in the registration form to subscribe to the Newsletter.

6. The Newsletter service consists of sending a message in electronic form to the e-mail address containing information about new products or services offered by the Site Owner. The Newsletter is sent by the Website Owner to all Customers who have placed a subscription.

7. Each Newsletter addressed to the Customers contains in particular: information about the sender, filled in the field “subject”, specifying the content of the message and information about the possibility and method of discontinuing the free Newsletter service.

8. The Customer may at any time resign from receiving the Newsletter by unsubscribing from the subscription via a link contained in each electronic message sent as part of the Newsletter service.

9. The service Running the Customer Account is available after Registration on the Terms and conditions and consists of providing the Customer with a dedicated panel within the Shop’s Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.

10. The Customer who registered may request the deletion of the Customer’s Account to the Seller, but in the case of a request to delete the Customer’s Account by the Seller, it may be deleted within 14 days of the request.

11. The Seller shall be entitled to block access to the Customer’s Account and free services in the event that the Customer has acted to the detriment of the Seller or other Customers, violation by the Customer of the provisions of law or the provisions of the Regulations, and also when blocking access to the Customer’s Account and free services is justified for security reasons – in particular, breaking the security of the Store’s website or other hacking activities.

12. Blocking access to the Customer’s Account and the free services for the aforementioned reasons shall last for the period necessary to resolve the issue which constitutes the basis for blocking access to the Customer’s Account and the free services.

13. The Seller shall notify the Customer of the blocking of access to the Customer’s Account and free services by e-mail to the address provided by the Customer in the registration form.

 

XII. PROTECTION OF INTELLECTUAL PROPERTY AND PERSONAL RIGHTS

1. All rights to the Website, including property copyrights, intellectual property rights to its name, its Internet domain, the Website, as well as specimen, forms, logotypes placed on the Website (with the exception of those logotypes and photographs presented on the Website for the purpose of presentation of goods to which copyrights belong to third parties) belong to the Owner of the Website, and their use may take place only in the manner specified and in accordance with the Terms and Conditions and with the consent from the Owner of the Website expressed in writing.

2. It is unacceptable to use the resources and functions of the Website in order to conduct the Customer’s business that would violate the interest of the Website Owner.

3. If the Customer or any other person or entity considers that the content published on the Website violates their rights, personal interests, good customs, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Website Owner of a potential breach.

4. The Website Owner notified of a potential breach, takes immediate action to remove from the Website the constituting the cause of the breach.

XIII. FINAL PROVISIONS

1. In all matters not covered by these Terms and Conditions, the provisions of generally applicable Polish law will apply, in particular the provisions of the Civil Code, the Act on Personal Data Protection, the Act on the Provision of Electronic Services and the Act on Consumer Rights.

2. All disputes between the parties are resolved by a competent common court.

3. In case of a dispute, the parties will seek to resolve the case amicably. The buyer who is a consumer has the possibility to use the option of an out-of-court method of complaint handling and pursuing claims before the Permanent Consumer Arbitration Court found at each Provincial Commercial Inspectorate. Information on how to access the above-mentioned procedures and dispute resolution can be found at the following address: http://www.uokik.gov.pl, in the “Rozstrzyganie sporów konsumenckich” tab. It is also possible for the Customer to use mediation. The lists of mediators and existing mediation centres are provided and made available by the Chairs of relevant District Courts.

4. The Owner of the Website reserves the right to change these Terms and Conditions. All orders accepted by the Website Owner for execution before the date of entry into force of the new terms and conditions are executed on the basis of the Terms and Conditions, which were in force on the date of order placement by the Customer. The change of the Terms and Conditions shall come into force within 7 days from their publication on the Website. The Website Owner shall inform the Customer about the change of the Terms and Conditions 7 days before the new Terms and Conditions come into force by means of a message sent electronically containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, he or she is obliged to notify the Website Owner of this fact, which shall result in termination of the agreement on provision of services by electronic means.

5. The Terms and Conditions shall enter into force on 13 November 2019.