1.    General provisions

1.1. These Terms and Conditions of Sale (hereinafter referred to as “Terms and Conditions”) shall set out the terms and conditions of sale of products posted on the website: www.en.linenlook.pl and sold through the Internet.                                   

1.2. The owner of www.en.linenlook.pl  is Linen Look – Paweł Chmielewski, established under the name:

“Linen Look” Paweł Chmielewski in Gdynia (post code 81-433) located at ul. W. Pola 2/70, TIN (NIP): 586 169 11 49, Business Reg. No. (REGON): 220809990, conducting business pursuant to the entry made to the Register of Business Activities under no.: 76225 kept by the Mayor of the City of Gdynia, Tel. No.: +48/ 603323530, Email: info@linenlook.pl

Bank account: PKO SA I o/ Gdynia no.:

70 1240 1239 1111 0000 1638 6107;

hereinafter referred to as the “Seller”.

1.3. The Customer (hereinafter referred to as “Customer”) within the meaning of the Terms and Conditions shall be a person placing an appropriate order on the website: www.en.linenlook.pl.

1.4. All products offered by Linen Look shall be brand new, free from any physical and legal defects and legally placed on the Polish market.

2. Order acceptance

2.1. Sales shall be effected only based on orders sent by electronic means through order forms provided on the website www.en.linenlook.pl.

2.2. When placing an order the Customer shall select the item, specifying in particular its size and colour (if alternatives are available), as well as the quantity (in units) of the product ordered and select the method of payment and delivery.

2.3. Upon receipt of the order the Seller shall inform the Customer by electronic means of the item’s availability and determine the order delivery date. Next, the Customer shall confirm the order. No confirmation shall mean cancellation of the order.

2.4. In case of special orders (bespoke tailoring service, change of the materials used, size, colour scheme, etc.) upon request of the Customer, after agreeing upon the order delivery date, prepayment of 50% of the ordered item’s value shall be the condition for commencement of processing of the order. Special orders shall be ordered using Order Form No. 2.

3. Prices

3.1. All prices shall be quoted in Polish Zlotys and be VAT inclusive.

3.2. Prices quoted in SEK and EUR were calculated on the basis of the average rate of exchange published by the National Bank of Poland (NBP) on 4 April 2014 and shall be updated once per month.

3.3. The price quoted for each product shall be binding upon placement of the order by the Customer.

3.4. Prices of special orders (bespoke tailoring service, change of the materials used, size, colour scheme, etc.) shall be determined individually in consultation with the Customer. Special orders shall be ordered using Order Form No. 2.

3.5. The Seller shall reserve the right to change prices of products specified in its offer, add new products to its offer, carry out and cancel promotional campaigns, or make changes therein. 

4. Methods of payment

4.1. The following methods of payment shall be available:

a) transfer/prepayment to the bank account provided above;

b) cash upon delivery of products for COD shipments;

c) using the PayPal payment system. 

5. Receipts and invoices

5.1. A document confirming the sale shall be attached to each completed order. Upon request of the Customer a VAT invoice shall be issued after all the data required for issuing that invoice has been provided.

5.2. The document confirming the sale should be kept (if possible) in case of any possible returns or defect claims.

6. Delivery dates and costs

6.1. Orders shall be delivered through the Polish Post services or by courier.

6.2. The ordered products that were purchased using the method of payment involving transfer/prepayment to the bank account shall be shipped within six business days after the payment has been credited to our bank account.

6.3. In the case of orders executed under the COD method of payment, the ordered products shall be shipped within six business days from the date of confirmation of the order by the Customer. The COD method of payment shall be available only to customers in Poland.

6.4. Delivery dates of ordered products to be delivered abroad may be longer than six business days. In this case, the Customers shall be notified by electronic means (E-mail) of the delivery date of their orders.

Linen Look shall make every effort to deliver orders within the shortest time possible.

6.5. Domestic (in Poland) delivery costs for shipments weighing less than 1 kg shall be as follows:

  • PLN 15 for priority registered parcel with acknowledgement of receipt requested (for payment by transfer/prepayment to bank account);
  • PLN 18 for COD parcel (for payment by cash upon delivery of products);
  • PLN 20 for parcel shipped by courier (for payment by transfer/prepayment to bank account);

6.6. In the case of foreign shipments, the cost and method of shipping shall be agreed individually with the Customer by electronic means (E-mail) before making a purchase.

6.6.1 Delivery costs to Sweden of shipments delivered by Polish Post shall be as follows:

  • PLN 38 / SEK 82 for priority registered mail weighing less than 1 kg;
  • PLN 73/SEK 157 for priority parcel weighing less than 1 kg.

6.7. All shipments shall be insured for the total value of the shipment.

All insurance costs shall be incurred by the Seller.

6.8. The shipping cost shall be incurred by the Buyer.

6.9. Under the Transport Law, if, prior to accepting delivery of the shipment, it has been determined that it suffered loss or damage, the Customer should request that the carrier promptly determine the condition of the shipment by completing a Loss/Damage Report and the circumstances of the loss or damage. If, after acceptance of delivery of the shipment, loss or damage that could not have been ascertained while accepting delivery has been determined, the Customer should promptly, after determining the loss or damage, but no later than within seven days from the date of receipt of the shipment, submit a request to the carrier to establish the condition of the shipment.

7. Cancellations and returns

7.1. A customer who is a consumer may cancel the contract concluded with Linen Look without providing any reason, by submitting a declaration to that effect within a period of 14 days from the date of delivery of the products to him/her. The declaration shall need to be sent prior to expiry of this order cancellation period.

7.2. The condition for accepting return of the products shall be the absence of any signs of their use.

7.3. The goods made to customer’s individual order or those that have been modified upon request of the customer in any manner (change of the materials used, size, colour scheme, etc.) shall not be subject to return without providing a reason.

7.4. Should the Customer cancel the contract it shall be considered null and void, and the Customer shall exempt from any obligations. What the Parties have rendered shall be returned unchanged, unless the change was necessary in the ordinary course of business. Returns should be returned without delays, however, no later than within fourteen days.

7.5. Statements of cancellation can be sent to the following address: info@linenlook.pl or ”Linen Look” Paweł Chmielewski, ul. W. Pola 2/70,  81-433 Gdynia.

7.6. Information about the right to cancel the distance contract shall be attached to each completed and posted order.

7.7. The goods shall be returned together with the receipt or invoice and the set of labels attached (if possible) to the goods. The cost of shipping back of the returned goods shall be incurred by the Customer.

7.8. With respect to returns, we shall transfer to your bank account the amount equal to the price of the returned goods, including the delivery costs, within a period of 14 days.

7.9. Sale and purchase contracts entered into through the website www.en.linenlook.pl  shall be governed by laws applicable in Poland.

8. Defect claims

8.1. The Seller shall be held liable to the Customer who is a consumer, if upon delivery the product is non-conformant with the contract.

8.2. In the case of non-conformity within six months from the delivery of the product it shall be assumed that it existed upon its delivery.

8.3. It shall be considered that the product is in conformity with the contract, if the product is fit for the purpose for which such product is normally used, and when its properties correspond to the properties that are characteristic for this type of product. The same assumption shall apply when the product corresponds to the expectations concerning the product of this type, based on the assurances made publicly by the Seller, the manufacturer or its representative; in particular, assurances expressed in the labelling of the product or advertising relating to the properties of the product, including the period during which the product is to retain them, shall be taken into consideration.

8.4. In the case of individual determination of the properties of the product, it shall be assumed that they are in conformity with the contract if they correspond to the description provided by the Seller or have the properties of the sample or specimen demonstrated to the Customer, and when the product is fit for the purpose specified by the Customer upon conclusion of the contract, unless the Seller submitted reservations with respect to such intended use of the product.

8.5. The Seller shall not be held responsible for the non-conformity of the consumer product with the contract, if the Customer upon conclusion of the contract knew or, judging reasonably, should have known of that non-conformity.

8.6. In case of non-conformity of the consumer product with the contract the Customer should notify the Seller of this fact.

8.7.  Information on the non-conformity of the product with the contract should:

   1) be sent to info@linenlook.pl or address of the Seller’s registered office;

   2) contain a description of the non-conformity of the product with the contract and specify the scope of the Customer’s claim;

   3) contain (if possible) the proof of purchase attached;

   4) be signed and include up-to-date contact details of the Customer, including the bank account number.

8.8. The Seller shall consider the defect claim within a period of 14 days from the date of its receipt.

8.9. If the Seller received a defect claim from the Customer and has not challenged its claim within a period of 14 days, it shall be assumed that the Seller has considered it to be justified.

8.10. If the product is non-conformant with the contract, the Customer may request that it be brought into conformity with the contract by means of free-of-charge repair or replacement with a new one, unless the repair or replacement is impossible or require excessive expenses.

8.11. In the case when the repair or delivery of a new, defect-free product is not possible, the Customer may cancel the contract. The Seller shall reimburse the Customer with any amount due arising from the cancellation of the contract to the bank account provided on the consumer product non-conformity notification form.

8.12. The free-of-charge repair and replacement shall mean that the Seller is also required to reimburse the expenses incurred by the Customer, in particular the delivery costs.

8.13. Any accidental or intentional mechanical damage (such as tearing, cuts, etc.) and damage caused by improper use shall not be subject to our claim procedure.

8.14. The Customer shall lose the entitlements provided for non-conformity of the product with the contract, if, within a period of two months after they determined the non-conformity of the consumer product with the contract, they have not notified the Seller of that fact. The notice shall need to be sent prior to expiry of this deadline.

8.15. The Seller shall be held liable for non-conformity of the consumer product with the contract if it has been determined prior to lapse of two years from the date of delivery of this product. This period shall run again in the event of replacement of the product.

8.16. Claims of the Customer with respect to non-conformity of the product with the contract shall expire upon lapse of one year from the date of determination by the Customer of the non-conformity of the consumer product with the contract.

8.17. Notification to the Seller of non-conformity of the product with the contract shall interrupt the limitation period. The period of limitation shall not run during the performance of repair or replacement and conduct by the Parties, no longer, however, than for three months, negotiations for an amicable settlement of the matter.

8.18. The lapse of the periods referred to above shall not exclude the exercise of the entitlements due under non-conformance of the product with the contract, if the Seller upon conclusion of the contract knew of the non-conformity and did not inform the buyer – the Customer of that fact.

8.19. Defect claims should be sent to the following address:

”Linen Look” Paweł Chmielewski

Ul. W. Pola 2/70

81-433 Gdynia

9. Protection of personal data

9.1. Provision of personal data by the Customer so that the Seller can perform the contract and issue an invoice or sales receipt shall be voluntary, however, failure to provide (deletion) of personal data shall make it impossible to perform the contract (deliver the order).

9.2. Provision of personal data by the Customer in order to set up and use a Customer Account shall be voluntary, however, failure to provide (deletion) personal data or failure to give consent to the processing of personal data in order to set up and use a Customer Account shall make it impossible to set up and use this Customer Account.

9.3. Provision of personal data by the Customer for marketing purposes shall be voluntary.

9.4. Provision of personal data by the Customer for sending commercial information shall be voluntary.

9.5. The personal data controller shall be Paweł Chmielewski conducting business activities under the name “Linen Look” Paweł Chmielewski in Gdynia (post code 81-433) at ul. W. Pola 2/70, TIN (NIP): 586 169 11 49,  Business Reg. No (REGON): 220809990, Tel. No.: +48/ 603323530.

9.6. Personal data of the Customer shall be processed pursuant to the Act of Law of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 929, as amended) by the Seller for the purpose of performing the contract and issuing an invoice or sales receipt, and also for marketing purposes and sending commercial information by electronic means, if the Customer has given their consent to that effect.

9.7. The Customer may be provided with access at any time to their personal data and request that it be corrected, modified or deleted, and – in the cases referred to in Article 23(1)(4) and (5) of the Act on the Protection of Personal Data – shall have the right to submit a written, reasoned request to cease the processing of their data due to their particular situation and submit an objection against the processing of their data, if the data controller intends to process it for marketing purposes or against provision of their personal data to another data controller.

9.8. The personal data required to execute Customer orders shall be subject to protection of personal data in accordance with the provisions of Act of Law of 29 August 1997 on the protection of personal data (Journal of Laws of 2002 No. 101, item 926, as amended) and the Act of Law of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended), and shall not be sold or made available to anyone. 

10. Copyright

10.1. The rights to the contents of www.en.linenlook.pl, including the page graphical layout, images, trademarks, logo and other contents and elements shall be vested in the Seller.

10.2. Therefore, it shall be prohibited to copy, modify or otherwise use the website www.en.linenlook.pl or its part without the consent of the Seller. 

11. Final provisions

11.1. With respect to any matter not provided for herein or in the contract the applicable provisions of laws in Poland shall apply, in particular provisions of the Civil Code, the Act of Law of 2 March 2000 on the protection of certain consumer rights and liability for damages caused by hazardous products (Journal of Laws of 2012, item 1225, as amended), the Act of 27 July 2002 on specific conditions of consumer sale and on amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended) and the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended).

11.2. Should any of the provisions hereof be deemed unlawful, void or otherwise unenforceable to the extent provided for by provisions of law of any state or country, in which those provisions are to be applicable, to the extent in which this provision is unlawful, void or unenforceable, and pursuant to provisions of law applicable in the jurisdiction in which it is unlawful, void or unenforceable, it shall be excluded and removed herefrom, and the remaining provisions of the Terms and Conditions shall apply and remain in full force as well as continue to be binding and enforceable.

11.3. These Terms and Conditions and the User’s use of the website www.en.linenlook.pl (and all non-contractual relationships arising out of and related to them) shall be governed and construed in accordance with the laws applicable in Poland. The User shall hereby agree to the exclusive jurisdiction of Polish courts to settle any disputes that may arise hereunder.

DATE OF PUBLICATION OF THE TERMS AND CONDITIONS: 15 April 2014