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Terms and conditions

STATUTE

INTRODUCTION

 

This document (hereinafter referred to as the “Regulations“), together with related documents, define the terms of use of the www.lananguyen.comportal and the terms of purchase of products through the portal.

We encourage you to carefully read these Regulations, the Privacy Policy along with the rules for the use of cookies and (hereinafter collectively referred to as the “Data Protection Rules”) before using our website.

The User must accept the Regulations before placing an order, and after accepting them, the provisions of these Regulations are binding for the order.

Terms and Conditions may change. The changes will not apply to the provisions of the Regulations accepted by the User for orders already placed. It is important to read the Regulations and the Data Protection Policy each time an order is placed.

The contract for the purchase of products via www.lananguyen.com will be hereinafter referred to as the “Agreement”.

All provisions of the Regulations regarding the “Consumer” apply to Users who are natural persons who conclude Agreements with us:

  • not directly related to their business activity; or
  • as entrepreneurs running a sole proprietorship, when these contracts are directly related to their business activity and their content shows that they are not of a professional nature for these persons.

ABOUT US

 

The sale of goods via the portal is carried out under the name “Lana Nguyen” Lan Anh Nguyen, with its registered office in Warsaw at ul. Hoża 1/10, 00-528 Warsaw, NIP: 5272542580, REGON: 146044547.

Pursuant to the Act of March 8, 2013 on counteracting excessive delays in commercial transactions (Journal of Laws of 2020, item 893), “Lana Nguyen” Lan Anh Nguyen declares that it does not have the status of a large entrepreneur.

You can contact us at: “Lana Nguyen” Lan Anh Nguyen, ul. Hoża 1/10, 00-528 Warsaw.

email: shop@lananguyen.com

phone: 884 797 077

YOUR DATA AND VISITS TO THIS WEBSITE

 

Information or personal data provided to us by the Consumer will be processed in accordance with the Data Protection Policy.

GENERAL TERMS

The agreement may be concluded in any language in which the Regulations are available on this website, in accordance with Polish law and these regulations.

We are obliged and undertake to provide services and deliver items free from defects.

We provide the Consumer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution over 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the lananguyen.com store, all of them must be turned off.

The Consumer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, he should provide the login and password necessary to access his account. The login and password are a string of characters set by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The consumer has the opportunity to view, correct, update data and delete the account in the store at any time.

We adhere to the code of good practice.

The consumer is obliged to:

  • not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties
  • use the store in a way that does not interfere with its functioning, in particular by using specific software or devices
  • not taking actions such as: sending or posting unsolicited commercial information (spam) within the store
  • use the store in a way that is not inconvenient for other Buyers and for the Seller
  • use any content posted in the store only for your own personal use
  • use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general rules of netiquette.

CONCLUSION OF THE AGREEMENT AND IMPLEMENTATION

 

Orders can be placed 24 hours a day.

In order to place an order, the Consumer should perform at least the following steps, some of which may be repeated many times:

  • adding a product to the cart
  • selection of the type of delivery
  • selection of payment type
  • selection of the delivery point
  • placing an order in the store by using the “Buy and pay” button.

The execution of the Consumer’s order payable on delivery takes place immediately, and the order paid by bank transfer or via the electronic payment system after the Consumer’s payment has been credited to our account, which should take place within 5 days of placing the order, unless the Consumer was unable to fulfill the service for not his fault and let us know.

The conclusion of the contract with the Consumer takes place when we accept the order, of which we inform the Consumer within 48 hours of placing the order. Acceptance of the order is our decision. As we want to make sure that the product you choose is available, we will not accept your order until we have the product ready for shipment.

The execution of the order may depend on the payment of all or part of the order value or obtaining a trade credit limit of at least the value of the order or our consent to send the order on delivery (payable on delivery).

The order is registered and stored by our system.

Accounting documents confirming the Agreement made via our portal are stored for a period of 5 years.

DELIVERY

 

We will deliver the product(s) in accordance with the shipping confirmation and on the date indicated therein or, if the delivery date is not specified, within the approximate time interval indicated when choosing the type of delivery, and in any case within a period not exceeding 30 days from the date of conclusion of the Agreement. If, due to exceptional circumstances, we expect a delay, we will contact you to arrange a new delivery date or if the Consumer does not accept the proposed date, he has the option to withdraw from the Agreement. In such event, any monies paid under the Agreement will be refunded without undue delay.

Within the meaning of these Regulations, it is considered that the “delivery” has been completed or the order has been “delivered” when the Consumer or a third party indicated by him actually comes into possession of the product, which will be confirmed by the signature on the receipt of the ordered products at the agreed delivery address.

INABILITY TO DELIVERY

 

If the Consumer is in delay with the receipt of the order, we will grant him an additional time to collect the order. If we are unable to deliver the order within this additional period, we have the right to cancel the order (withdraw from the Agreement) and the Agreement will be terminated. In such event, any monies paid under the Agreement will be refunded without undue delay.

TRANSFER OF RISK AND TITLE TO THE PRODUCTS

 

From the moment of delivery, the risk related to the product is the responsibility of the Consumer. The Consumer will take full possession of the products upon delivery.

PRICE AND PAYMENT

 

The presented prices do not include the shipping fee, which we add at the end to the price that we present to the Consumer before placing the order – expressing the will to be bound by a distance contract.

The consumer expressly authorizes us to issue invoices in electronic form.

Prices are subject to change at any time. However, excluding the above provisions, the changes do not apply to orders already placed.

Once you have selected all the items you wish to purchase, they will be transferred to your shopping cart and the next step will be to place your order and make payment. To do this, you must follow all the steps included in the purchase procedure one by one, providing or verifying the information required at each step. In addition, by performing the purchase procedure, before making the payment, the Consumer may change the details of the order.

PURCHASE GOODS AS A GUEST

 

Visitors can also purchase goods on our portal. With this type of purchase, we ask the Consumer to provide only the basic data necessary to complete the order.

GOODS AND SERVICES TAX (VAT)

 

In accordance with applicable laws and regulations, all purchases made on this website include Value Added Tax (VAT).

Therefore, and in accordance with the content of Chapter 1, Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, the place of delivery is considered to be the territory of a Member State and the address to which the items are be delivered and VAT is charged at the rate applicable in the Member State to which the items on the order are to be delivered.

EXCHANGE AND RETURN POLICY

 

Right of withdrawal

The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.

If the User is a Consumer, he has the right to withdraw from the Agreement without giving a reason within 30 days from the date on which the Consumer or a third party indicated by him (not being the carrier) actually takes possession of the purchased product, or in the case of many products included in one order, but delivered separately, after 30 days from the date on which the Consumer or a third party indicated by him (not being the carrier) actually takes possession of the last of the products.

To exercise the right to withdraw from the Agreement, the Consumer should notify us at shop@lananguyen.com or by phone at 884 797 077 or using our return form.

Giving a reason for withdrawal is not required.

The Consumer sends back the items being the subject of the contract from which he withdrew at his own expense.

We refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.

If the Consumer sends a notification of withdrawal from the Agreement in electronic form via the Model withdrawal form or by sending an e-mail, we will send such Consumer an acknowledgment of receipt of the notification of withdrawal.

The consumer is not entitled to withdraw from the Agreement if its subject is the delivery of one of the following products:

  • products tailored to the individual needs of the Consumer
  • products sewn to individual Customer’s order
  • digital content in the form of Ebooks not saved on a tangible medium, if we have started to provide the service (e.g. we have provided digital content) with the express and prior consent of the consumer who has been informed that he will lose the possibility of withdrawing from the contract and has acknowledged it

Consequences of withdrawing from the contract

 

In the event of statutory withdrawal from this Agreement by the Consumer, we return all payments received from him, including shipping costs, using the same method of payment that he chose when paying for the product, unless he expressly agreed to a different method of refund, which does not generate any additional costs for the Consumer.

In the event of statutory withdrawal from this Agreement and choosing one of the methods of return offered by us, the refund will be made without undue delay, and in any case not later than within 14 days from the date on which we were informed about the withdrawal from this Agreement. If the Consumer decides to return and send the product(s) himself, we may withhold the refund until we receive the products or until you provide us with proof of sending them, whichever occurs first.

The Consumer is responsible for any decrease in the value of the goods resulting from handling them in a way that goes beyond the activities necessary to establish their nature, properties and functioning.

After withdrawal from the Agreement, products can be returned free of charge as follows:

  • Returns via the supplier selected by the Consumer, within the cost of shipping the goods by the Seller.

None of the above return methods entail any additional costs for the Consumer.

Warranty

 

Based on Article. 558§1 of the Civil Code, we completely exclude liability to customers for physical and legal defects (warranty).

We are liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent for defects (warranty).

In the case of a contract with a Consumer, if a physical defect was found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed to the Consumer.

If the sold item has a defect, the consumer may:

  • submit a statement requesting a price reduction
  • submit a declaration of withdrawal from the contract.

unless we immediately and without undue inconvenience to the Consumer replace the defective item with a defect-free item or remove the defect. However, if the item has already been replaced or repaired by us, or we have not fulfilled the obligation to replace the item with a defect-free item or remove the defect, he is not entitled to replace the item or remove the defect.

The Consumer may, instead of the removal of the defect proposed by us, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, and the inconvenience to which the Consumer would be exposed by a different method of satisfaction is also taken into account.

The consumer may not withdraw from the contract if the defect is insignificant.

If the sold item has a defect, the consumer may also:

  • demand replacement of the item with a defect-free one
  • demand removal of the defect.

We may refuse to satisfy the Consumer’s request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing the defective item into compliance with the contract.

MADE TO MEASURE

 

We also deal with tailor-made or special order sewing. We offer the possibility of personalizing clothes purchased in our store. We sew clothes tailored to individual preferences and dimensions.

Products made in accordance with the Customer’s specification as part of the Tailor-made and Personalization service are not covered by the right to withdraw from the distance contract.

By placing an order, the customer declares that he has been informed about the inability to return or exchange this clothing.

Tailoring is a creative process based on the inspiration indicated by the consumer, devoid of imitative elements consisting in copying already existing brands.

The customer has the right to withdraw from a placed and paid order for tailoring only within 12 hours of its submission. After this period, withdrawal will be impossible. The advance payment will not be returned if the above-mentioned deadline is exceeded.

The right to withdraw from the contract does not apply to a situation in which we have started to provide tailoring services or started to perform an order for tailoring or personalization with the consent of the customer.

The complaint is subject to the quality of the service performed within 7 days from the date of its receipt

Complaints are not subject to the design, quality and type of fabrics and accessories, as well as defects resulting from improper use, including non-compliance with washing regulations.

COMPLAINT

 

The product is compliant with the contract if, in particular, the following elements remain compliant:

  • description, type, quantity, quality, completeness, functionality
  • suitability for the specific purpose for which the user needs it
  • fit for the purpose for which products of this type are usually fit, taking into account applicable laws, technical standards or good practice
  • is present in such quantities and has such properties (including durability and safety) as are typical of a product of this type and which can be reasonably expected, taking into account the nature of the product and our public assurances, in particular those made in advertising or on the label.

We are not responsible for the lack of conformity of the product with the contract if, at the latest at the time of concluding the sales contract, the Consumer was clearly informed that a specific feature of the product deviates from the above requirements for compliance with the contract and clearly and separately accepted the lack of a specific product feature.

If the product does not comply with the contract, you can request repair or replacement. We can make a replacement when you request a repair or we can make a repair when you request a replacement, if bringing the product to compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs.

We will repair or replace the product in the shortest possible time and inform the Consumer about the expected time of repair or replacement along with the response to the complaint. We bear the cost of repair or replacement.

If repair and replacement are impossible for us or require excessive costs, we may refuse to bring the product to the condition compliant with the contract. As part of your rights for non-compliance of the product with the contract, you can make a statement about reducing the price or returning the goods (withdrawal from the contract) when:

  • we refused to repair or replace the product
  • we have not brought the product to the condition compliant with the contract, ie we have not repaired or replaced the product
  • despite repair or replacement, there is still a non-compliance of the product with the contract
  • the non-compliance of the product with the contract is significant enough to justify the application of a price reduction or refund (withdrawal from the contract) immediately, without prior request for repair or replacement of the product
  • our statement or circumstances show that it will not be possible to bring the product into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer

If you want to make a complaint, please let us know before sending the product back to us. Complaints can be submitted by e-mail: shop@lananguyen.com or by phone at 884 797 077

Regardless of the method of submitting the complaint, we will immediately confirm its receipt by sending a message to the e-mail address or in writing.

The content of the complaint should include the Consumer’s data, the goods to which the complaint relates, what the lack of conformity of the goods with the contract consists of, the date of purchase, the date of noticing the lack of conformity, the expected manner of exercising the consumer’s rights. It is not necessary to present a receipt.

We will respond to the complaint within 14 days of receiving it.

 

PARTIAL CANCELLATION

 

If one of the provisions of these Regulations or the provisions of the Agreement is declared invalid on the basis of an unquestionable decision of the relevant authority, the remaining conditions will remain in force and the said declaration of invalidity will not apply to them.

OUR RIGHT TO CHANGE THE TERMS AND CONDITIONS

 

The consumer must comply with the Data Protection Principles and the Regulations in force at the time when he uses this website or places an order, except when, by law or decision of public or local government authorities, we are obliged to make retrospective changes to these Rules data protection, Regulations or privacy statement. However, these changes will not apply to orders already placed.

JURISDICTION

 

Any disputes arising from the use of our website or the Agreement or other issues related to them are subject to the non-exclusive jurisdiction of Polish courts.

COMMENTS AND SUGGESTIONS

 

Your comments and suggestions are always welcome.

If, as a buyer, you believe that your rights have been violated, you may submit your complaint to us via email at shop@lananguyen.com to seek out-of-court dispute resolution.

Therefore, if the contract was concluded through our website, in accordance with EU Regulation No. 524/2013, we hereby inform you that you have the right to seek out-of-court resolution of any consumer dispute with us through the online dispute resolution platform, available at http://ec.europa.eu/consumers/odr/

Each complaint should contain the name and surname of the Consumer, a description of the reservations and their justification, as well as specifying the request. Complaints will be considered immediately, no later than within 14 days from the date of their receipt.

In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register. The seller declares his intention and agrees to out-of-court resolution of the consumer dispute.

As a last resort, the matter is settled by a court competent locally and materially.

Last update: 02/09/2023

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