Statute

TERMS AND CONDITIONS (hereinafter referred to as "Terms and Conditions")

Table of Contents

DEFINITIONS
§1. General Provisions
§2. Placing an Order
§3. Account Creation
§4. Product Prices and Promotions
§5. Order Cancellation
§6. Complaint Procedure and Warranty
§7. Withdrawal from the Agreement
§8. Other Rights and Obligations of the Parties
§9. Dispute Resolution
§10. Newsletter
§11. Amendments to the Terms and Conditions
§12. Final Provisions

DEFINITIONS

The terms capitalized in these Terms and Conditions shall be understood according to the definitions below:

Company – LEBRAND Sp. z o.o. with its registered office in Warsaw (03-996) at ul. Samolotowa 7/69, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XIV Economic Department of the National Court Register under KRS no. 0000916024, NIP: 5213935533, REGON: 389552761.

Cookies – small text information sent by a website and stored on the Customer's side (usually on the computer's hard drive) when concluding agreements via the Online Store operated by the Company at www.lebrand.live and www.lebrand.eu.

Consumer – a natural person concluding an Agreement and ordering a product for purposes not directly related to their business or professional activity within the meaning of Article 22(1) of the Civil Code.

Customer – a natural person with full legal capacity or an Entrepreneur.

Customer Account - a Customer's profile created via the Store's website, at the Customer's initiative, access to which is secured by prior verification of the login and created password, containing the Customer's address details and payment data.

Product Delivery Entity – a courier company to which the Company or an external Supplier has entrusted the delivery of the shipment to the Customer;

Product – a movable item available in the Online Store, in particular clothing, footwear, jewelry, accessories offered by LEBRAND.

Entrepreneur – natural persons, legal entities, organizational units without legal personality conducting business activity, and other entities having a REGON number;

Online Store, LEBRAND Online Store, Store – an online store operated by LEBRAND via the website at www.lebrand.live and www.lebrand.eu.

Force Majeure – an external, unexpected, unforeseeable event beyond the control of the parties (e.g., weather catastrophes, riots);

Order – a declaration of will by the Customer directly aimed at placing an order for the purchase of a Product, specifying in particular the type and number of Products.

§1. General Provisions

1. These Terms and Conditions define the rules for Customers using the Online Store at www.lebrand.live and www.lebrand.eu to order Products, and in particular:

conditions and rules for Customers placing Orders through the LEBRAND Online Store;
conditions and scope of placing an Order;

conditions and method of withdrawal from the Agreement,
complaint procedure.


2. The Terms and Conditions are available on the website www.lebrand.live and www.lebrand.eu, in Polish and English language versions. The Customer can familiarize themselves with its content on the indicated website, and can also download the file containing the Terms and Conditions to save and reproduce it at any time.

3. The Online Store under the name LEBRAND is operated by the Company.

4. Store contact details:
a) e-mail: contact@lebrand.live
b) correspondence address: LEBRAND, ul. Czyżewska 7, 02-908 Warsaw.

5. The user is obliged to use the Store and its functionalities in accordance with the law, the provisions of these Terms and Conditions, and good customs. It is forbidden to use the Store in a way that may violate the personal rights of others or to post or disseminate through the Store vulgar, untruthful content or content that may violate personal rights, the law, or other legitimate interests of the Company or third parties. In case of changes to their personal or contact details, the Customer is obliged to correct or supplement them.

§2. Placing an Order

The purchase of Products is possible:

a) after prior creation or logging into a Customer Account or
b) after the Customer provides the following data in the Online Store: name, surname, residential address (in the case of a natural person) or company name, contact address (in the case of a legal entity or an organizational unit without legal personality), delivery address, if it is different from the residential or contact address, as well as a telephone number, e-mail address.

Placing an Order in the Store and concluding an agreement occurs by performing the following actions, subject to paragraph 3:

a) adding Products to the cart,
b) accepting these Terms and Conditions,
c) accepting the content of the information about personal data processing,
d) selecting the form of Order delivery
e) selecting the form of payment for the Order and its delivery.



In the case of choosing a payment method for the Order and delivery other than cash on delivery, the Agreement is concluded provided that payment for the order is made within 3 days. In the event of non-payment within the proper period, the agreement is terminated.

The online store promptly confirms the placement of the Order and the conclusion of the Agreement if the condition referred to in paragraph 3 above is met. The message containing the confirmation of the conclusion of the Agreement also includes a VAT invoice for the Order.

For each Product, in the "Delivery" tab, the approximate delivery time is indicated in working days. Products available in the PRE-ORDER formula also have a specified delivery time.

Order fulfillment times during promotions, special campaigns, and sales may be extended.

If several Products are purchased within one Order, the ordered Products may be sent to the Customer in more than one package. In such a situation, the Customer does not incur additional delivery costs.
The Order delivery time depends on the delivery method chosen by the Customer. The Store is not responsible for delays in delivery after the Order has been dispatched using the method chosen by the Customer.

Deliveries are carried out throughout Europe in accordance with the terms of service applicable to the entity entrusted with the delivery of the Order, according to the Customer's choice.

The courier will attempt to deliver the order to the delivery address twice. In the event of repeated absence of the Customer or a person authorized by them at the indicated address, the Order will be returned to the Store. In such a situation, the Order may be resent to the Customer at the address indicated by them and at their expense.

In the event of non-collection of a cash-on-delivery order, the Store reserves the right to block the cash-on-delivery option for a Customer who fails to collect a cash-on-delivery shipment twice.

In case of doubt regarding the correctness of the Customer's data necessary for delivery, the Store may contact the Customer by e-mail or telephone to verify these data.
The entities providing online payment services are PayPo, Stripe, and Przelewy24.

Available payment methods are:

• instant bank transfer,
• traditional bank transfer within 3 days,
• payment with credit cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
• cash on delivery,
• PayPo,
• Klarna (deferred payment - pay in 30 days).

In case of any requests or instructions regarding the delivery of Products, packaging method, delivery of a paper VAT invoice, or other matters related to the Order, the Customer should include this information in the "Notes" section visible during the order placement process when selecting the delivery method.


§3. Account Creation

Account creation in the Online Store occurs at the Customer's initiative by selecting the "Create" button in the "Create account/Log in" tab on the website used by the Store.

Account creation requires the Customer to enter a login in the form of the Customer's e-mail address and to enter a password. To confirm account creation, an activation link will be sent to the Customer's provided e-mail address. After the Customer opens the link referred to in the previous sentence, the Customer's Account will be activated.

Through the Customer Account, the Customer can enter their address details, delivery details, telephone number, and payment card details, which the Customer can use to pay for subsequent Orders.
Through the Customer Account, the Store can inform the Customer about granted discounts, promotional and marketing campaigns, the Store's offer, and the offer of third parties cooperating with the Store in the scope of the Store's activity.

The Customer can delete the Account at any time by selecting the "Delete account" button.

§4. Product Prices

1. Prices listed in the Store are expressed in Polish zlotys and include VAT. The prices of Products presented on the Store's website do not include delivery costs of the Order. The total value of the Order includes the price of the Product and its delivery costs. Discounted products are excluded from other promotions, including the discount for the first order after signing up for the newsletter. The discount for the first order cannot be combined with other temporary promotions.

2. The proof of purchase is a VAT invoice issued by the Store and attached to the Order sent to the Customer. All financial transaction costs are borne by the Customer. In the case of a purchase made in a 24/7 GIFT MACHINE vending machine powered by LENOVO, the proof of purchase is the payment confirmation.

3. Product delivery costs depend on the Customer's choice regarding the entity performing the Product delivery, whose offer was indicated in the Store. Delivery costs may vary depending on the Product delivery location and the chosen payment method.

4. The Store is obliged to deliver the Product free from defects. Therefore, the Customer should check the quality of the received Product immediately after receiving it and, if any irregularities are found, notify the Store to determine further steps.

5. In the case of courier shipments, before accepting the Product, it is necessary to check whether it has been damaged in transit. If the goods are damaged, the shipment should not be accepted. In the event of circumstances described in this point, the Customer is obliged to notify the Store to determine further steps.

6. In the case of receiving a shipment and the Customer finding a defect or damage to the Product that could not be noticed from the outside upon receipt, including, among others:

a) mechanical damage to the contents of the shipment,
b) incompleteness of the shipment,
c) inconsistency of the contents of the shipment with the subject of the Order.

The Customer is obliged to contact the Store as soon as possible to clarify the matter and initiate the complaint procedure.

§5. Order Cancellation

1. If the Products covered by the Order have not yet been dispatched by the Store, the Customer may withdraw from the Order by cancelling the Order electronically at: contact@lebrand.live. This does not limit the Customer's right, being a Consumer, to withdraw from the contract in accordance with the Terms and Conditions.


2. The Customer will be immediately notified electronically of a successful cancellation or inability to cancel the order.

§6. Complaint Procedure and Warranty

1. A Customer who is a Consumer has the right to file a complaint regarding a Product included in the Order.

2. If the received Product is defective, the Customer may exercise the rights granted to them by the Company under the warranty for defects in sold goods. The Company is liable to the Customer for the non-conformity of the Product with the agreement.

3. The Consumer makes a complaint by sending a complaint notification regarding a given Product. To expedite the complaint processing, it is advisable to provide the following in the complaint: the Consumer's first and last name, date of notification, invoice number, name and quantity of the complained Product, description and type of defect, the Consumer's request, contact details (phone or e-mail address).

4. Complaints should be sent in writing to: LEBRAND, ul. Czyżewska 7, 02-908 Warsaw, with the annotation "Reklamacja" (Complaint) on the envelope.

5. The Consumer's rights are regulated by the provisions of the Act of May 30, 2014, on consumer rights and the relevant provisions of the Act of April 23, 1964 – Civil Code, which apply to these Terms and Conditions.

6. If the Product has a defect, the Consumer may:

a) submit a statement requesting a price reduction, or
b) submit a statement of withdrawal from the sales agreement,
unless the Company immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Company or the Company has not fulfilled its obligation to replace the defective Product with a defect-free one or remove the defect.

7. The Consumer may, instead of the option proposed by the Company:

a) removal of the defect - demand the replacement of the Product with a defect-free one, or
b) instead of replacing the Product - demand the removal of the defect, or a refund of the paid price,
unless bringing the Product into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Company.

8. The Store undertakes to notify the Consumer about the date and method of handling the complaint within 14 days from the date of its submission. All information regarding the complaint procedure will be provided by the Company to the Consumer using the address and contact details provided by the Consumer in the complaint notification.

9. The costs of returning the complained goods are borne by the Customer. If the complaint is accepted, the Company will also reimburse the cost of returning the complained goods by the Customer.

§7. Withdrawal from the agreement

1. A Customer who is a consumer or an entrepreneur with consumer rights has the right to withdraw from a distance sales agreement without giving a reason, within 14 days from the day the Customer or a third party indicated by them takes possession of the Goods.
2. To exercise the right to withdraw from the agreement, the Customer should use the electronic return form available at: https://wygodnezwroty.pl/lebrand
3. Using the Convenient Returns platform is voluntary and is a convenient form of making a return.
4. The Customer may return the Goods:
• by shipment to the address indicated by the Seller, or
• in person at the LEBRAND brick-and-mortar boutique at ul. Mokotowska 26 in Warsaw, during the boutique's opening hours.
5. The direct cost of returning the Goods to the Seller is borne by the Customer, unless the Seller explicitly stated otherwise.
6. The Goods should be returned or sent back immediately, no later than within 14 days from the day of withdrawal from the agreement. It is sufficient to dispatch the shipment before the deadline.
7. The refund will be made no later than within 14 days from the day the Seller receives the returned Goods. The refund is made using the same payment method the Customer used when placing the order, unless the Customer explicitly agrees to another solution.
8. The Customer is liable for any diminished value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

9. The right to withdraw from the agreement does not apply in cases specified in applicable law, in particular with regard to Goods:

• personalized or custom-made for the Customer,
• earrings delivered in a sealed package, which after opening are not returnable for hygienic reasons.
• cosmetic products delivered in a sealed package, which after opening are not returnable for hygienic or health protection reasons,

10. Only Goods in an undamaged condition, without signs of use, with original tags and security seals, are eligible for return.
11. In case of returning an order containing a product set, the entire set is subject to return. If an incomplete set is returned, the Seller reserves the right to appropriately reduce the refund amount by the difference resulting from the regular price of products outside the set.
12. In the case of orders covered by a promotional offer including a free product, if after the return the order does not meet the conditions of the promotion entitling to the freebie, the Customer is also obliged to return the free product. Otherwise, the value of the free product may be deducted from the refund amount.
13. The Customer will be informed by email about the acceptance of the return by the Seller.
14. In case of Product exchange, the Customer is asked to contact the Customer Service Department at contact@lebrand.live.

§8. Other rights and obligations of the Parties

1. The Customer declares that all information provided by them in any form while using the Online Store and during the Order processing and any complaint process is true and accurate to the best of their knowledge.

2. The Company has the right to temporarily suspend Order placement in the Online Store for the duration of technical maintenance and modernization works on the service.

3. The Company has the right to withdraw from Order fulfillment at any time, and particularly in the event of the Customer violating the Regulations, especially by providing incorrect personal data, company data, or payment-related data. Notwithstanding the foregoing, the Company is entitled to take appropriate action if it determines that the Customer has violated generally applicable law.

§9. Dispute Resolution

1. In the event of a dispute arising in connection with the performance of the Agreement, the Parties shall endeavor to resolve the dispute amicably.

2. The Consumer may use the online consumer dispute resolution system platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). The European ODR platform is intended to facilitate independent, impartial, transparent, fast, and fair out-of-court resolution of disputes between consumers and traders concerning contractual obligations arising from online sales contracts or service contracts concluded between consumers residing in the European Union and traders established in the European Union. The consumer can submit their complaint, for example, via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr. The use of available out-of-court methods of complaint handling and claim assertion is possible after the completion of the complaint procedure and is voluntary - both parties must agree to the procedure.

3. Any disputes arising between the Customer and the Company shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code.

§10. Newsletter

1. The Customer may consent to receive the Newsletter provided by the Company. The Newsletter is sent only to Customers who have subscribed to the Newsletter by checking the appropriate box in the Account registration form or order form and have consented to receive commercial information, as defined by the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2019, item 123 as amended), at the provided email address.

2. As part of the Newsletter service, information in the form of an electronic letter (e-mail) is sent via email to the email address provided by the Customer. The Newsletter contains, in particular, information about product offers, current promotions, and other information about products offered by the Store. The Newsletter is sent free of charge.

3. The Customer may, at any time, without giving a reason and without incurring costs, change the indicated email address to which the Newsletter is sent or unsubscribe from the Newsletter by clicking on the Newsletter link located in the footer of each Newsletter, entering their email address in the appropriate field, and then selecting the "Unsubscribe" button.

§11. Changes to the Regulations

1. The Company reserves the right to make changes to these Regulations, including to reflect changes in legal provisions, changes in functions offered through the Store, introduction of new services in the Store, better protection of Customer interests, clarification of issues causing Customer doubts, organizational changes on the part of the Company, or the inability of the Company to continue providing services under current conditions.

2. Changes to the provisions of the Regulations may not lead to the loss of acquired rights by the Customer, if they were acquired in accordance with the law.

3. All Orders accepted by the Store for processing before the date of the change to the Regulations are executed based on the Regulations that were in force on the day the Order was placed by the Customer, unless the provisions of the new version of the Regulations are more favorable to Customers.

4. The Company will inform Customers about changes to the Regulations by sending appropriate information to their email addresses provided during Account creation at least 14 days before the planned changes come into effect. The Company will also post information about changes to the Regulations on the Store's website at least 14 days before the planned changes come into effect.

5. If the Customer does not accept the new content of the Regulations, they should notify the Company within 14 days from the date of receiving information about the change to the Regulations. The lack of objection within 14 days from the notification date will be considered, in case of doubt, as acceptance of the new version of the Regulations.

6. Changes in the form and nature of operating the Store, in particular changes in the graphic design of the Store, addition of new functionalities, photos, do not constitute a change to these Regulations, provided that these changes are not contrary to the provisions of these Regulations.

§12. Final Provisions

1. The Store is owned by the Company. All trademarks, service marks, and names provided on the Website are the property of the Company or the right to use them by the Company results from separate agreements with authorized entities. Textual, graphic materials, and IT solutions contained on the Store's website are legally protected, in particular by the provisions of the Act of February 4, 1994, on copyright and related rights.

2. The Store, as well as its individual elements, may not be modified, copied, distributed, or published for commercial purposes, unless the Company gives prior written consent.

3. Users of the Store's website or Customers do not have the right, without the prior express consent of the Company, to use materials and works posted on this website, under pain of full liability for damages to the Company and to the authors of individual works.

4. By using the Store's website, the user bears full responsibility for actions violating the law and for any damage resulting from such actions, also towards third parties.

5. The minimum hardware requirements enabling the Customer to use the Online Store are as follows: an installed Mozilla Firefox browser version 83 or later, or a Google Chrome browser version 87 or later, with JavaScript enabled. During the use of the Online Store, Cookies are installed in the Customer's IT system. The condition for using services provided electronically by the Company is to allow the installation of Cookies.

6. In matters not regulated by the Regulations, the provisions of the Civil Code and the Consumer Rights Act shall apply.

8. The Regulations come into force on February 18, 2022.