Entering the contract between the Buyer and the Seller can occur in two ways.
The Buyer has the right to negotiate any terms of the contract with the Seller before placing the order, including the terms, which may alter the following Terms and Conditions. All negotiations should be in writing and sent to the Seller (Lana Nguyen, ul. Hoża 1/10 00-528 Warszawa or www.lananguyen.com. In case of the Buyer resigning from the individual negotiations of the contract, the following Terms and Conditions and equivalent laws apply.
TERMS AND CONDITIONS
Ul. Hoża 1/10
NIP: 5272542580, REGON: 146044547
1. Delivery address- name and surname or the company name, town (if the town is 2. split into streets: street, house number, flat number; if the town is not split into streets: town and property number), zip code and town.
3. Return address- Lana Nguyen. Hoża 1/10, 00-528 Warsaw, Poland.
4. Delivery costs- available under this link.
5. Contact details- Lana Nguyen. Hoża 1/10, 00-528 Warsaw, Poland.
6. Personal data – any information regarding identified or identifiable users. The information that must be available to enable identification of individuals required requires excessive costs, time or activities.
7. Sensitive data – it is personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union membership, as well as data on health status, genetic code, addictions, sex life, convictions, punishments and fines , as well as other judgments issued in court or administrative proceedings.
8.Delivery- type of transport service with a choice of a courier and cost shown in Delivery price list found under this link.
9. Proof of purchase- invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of 11 March 2004 with later amendments and other applicable laws.
10. Product card- a single storefront containing information about a single product.
11. Client- a physical adult, legal entity or organisational unit without legal entity but having the ability to take legal actions, making a purchase directly related to the economic or professional activity of the Seller.
12. Civil Code- Civil Code of 23rd of April 1964 with later amendments.
13. Good Practice Code- a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2, point 5 of the Act of Counteracting Unfair Market Practices of 23rd of August 2007 with later amendments.
14. Consumer- an adult who has full capacity to perform legal activities, making a purchase from a Seller not related directly to her business or profession.
15. Basket- a list of products offered in the shop based on the Buyer’s choice.
16. Buyer- consumer and client.
17. Place of receipt- the postal address or the point of collection indicated in the order by the Buyer.
18. Moment of receipt- the time when the Buyer or the third party designated by him will take possession of the product.
19. Online platform ODR- EU web service based on Regulation of European Union and the Board (UE) No 524/2013 of 21 May 2013 on online dispute resolution and the amendment of regulation (WE) No 2006/2004 and Directive 2009/22 /WE available at https://webgate.ec.europa.eu/odr
20. Payment- the method of payment for the subject of the contract and the delivery shown at this address.
21. Rightholder- An entity authorized to out-of-court resolution of consumer disputes with the understanding of the Law on out-of-court resolution of consumer disputes of 23rd of September 2016 with later amendments.
23. Consumer’s right- Consumer Rights Act of 30th of May 2014.
24. Product- The minimum and indivisible quantity of items that may be the subject of the order, and which is given in the Seller’s store as a unit of measurement when determining its price (unit price).
25. Subject of contract- products and delivery, which are the subject of the contract.
26. Object of contract- subject of contract.
27. Collection address- Place of issue, which is not a postal address, listed in the statement made available by the Seller in the Store.
28. UOKiK registry- Register of authorised entities maintained by the Office of Competition and Consumer Protection pursuant to the Law on out-of-court settlement of consumer disputes of 23 September 2016, as amended, and available at this address.
29. RODO – Rozporządzenie Parlamentu Europejskiego i Rady (UE) 2016/679 z dnia 27 kwietnia 2016 r. w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych i w sprawie swobodnego przepływu takich danych oraz uchylenia dyrektywy 95/46/WE 30. Item- movable item that may or is the subject of the contract.
31. Store- Internet service available at www.lananguyen.com via which the Buyer can place an order.
32. Seller- Lana Nguyen. Hoża 1/10, 00-528 Warsaw, Poland. NIP: 5272542580, REGON: 146044547, GIODO: (19424) registered and shown in the KRS record under this address. BANK ACCOUNT: 89 1140 2004 0000 3002 7760 5777.
33. System- a network of interoperable information and software devices that provide processing and storage, as well as sending and receiving data over telecommunication networks using a network-specific endpoint device, commonly referred to as the Internet.
34. Processing time- the number of hours or working days indicated on the product card.
35. Contract- contract concluded outside of business premises or at a distance with the understanding of the Consumer Rights Act of 30th of May 2014 in the case of the Consumer and the sales agreement wit the understanding of Article 535 of the Civil Code of April 23rd, 1964, in the case of Buyers.
36. Defect- physical or legal fault.
37. Physical defect- incompatibility of the product sold with the contract, and in particular if the product:
a. Lacks the properties, which such products should have based on the contract or resulting from the circumstances or purpose;
b. Lacks the properties, which were assured by the Seller
c. Is not suitable for a purpose that the Buyer informed the Seller of, but the Seller did not present objections against such purpose;
d. Has been issued to the Consumer in an incomplete state;
e. in the event of improper installation and commissioning, if these activities have been performed by the Seller or the third party for which the Seller is responsible or by the Consumer who has acted in accordance with instructions received from the Seller;
f. lacks the properties assured by the manufacturer or his representative or the person who places the trade in his business and the person who, by affixing the name, trade mark or other distinctive sign presents himself as the manufacturer, unless the Seller was not aware of the assertions or could not reasonably be aware of, or could not influence the Consumer’s decision to conclude the contract, or if their content was rectified before the contract was conclude.
38. Legal defect- a situation when the product sold is the property of a third party or is a subject to the third party’s right, and if the limitation in the use or disposal of the product result from a decision or a ruling of the appropriate authority.
39. Order- Declaration of the will of the Buyer, made through the store, clearly defining: type and quantity of products; delivery type; payment method; place of issue, Buyer’s informations, which directly aim to enter into a contract between the Buyer and the Seller.
§2 General conditions
1. Contract is concluded in Polish and according to the Polish law and present Terms and Conditions.
2. Place of receipt must be in the territory of the Republic of Poland.
3. The Seller is obliged to provide the service and deliver the products free from defects.
4. All prices shown by the Seller are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the price list.
5. All processing times are calculated according to Article 111 of the Civil Code, that is, the deadline in days ends with the end of the last day, and if the beginning of the date marked in days is a certain event, is not taken into account when calculating the date of the day in which this event occurred.
6. Confirmation, access, consolidation, securing of all important provisions of the contract in order to gain access to this information in the future takes place in the form of:
a. Confirmation of the order sent to the indicated e-mail address: order, pro forma invoices, information on the right of withdrawal, Terms and Conditions in the pdf version, withdrawal form in pdf version, links to self-download of Terms and Conditions rules and the right of withdrawal form;
b. attaching to the completed order, sent to the indicated place of issue of printed matters: the proof of purchase, the information on the right of withdrawal, Terms and Conditions, the template of the right of withdrawal form.
7. The Seller informs of the third party warranties for the products in the store.
8. The Seller does not charge any fees for communication including long distance communication;the
9. Buyer bears the costs incurred in connection with the contract he has entered into with a third party providing him with a specific service for long distance communication.
10. The Seller provides the Buyer with the correct store functionality in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH on screens with horizontal resolution of over 1024 px. Using third-party software that affects the functioning and functionality of browsers such as: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store, therefore, for full functionality of the store http://lananguyen.com
11. Buyers can use the option to store their data through the store to facilitate the ordering process. In order to do so, the Buyer should provide the login and password required to access his account. Login and password are sets of characters set by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has the ability to view, amend, update and delete the account at any time.
12. The Seller complies with the Code of Good Practice.
13. The Buyer is committed to:
a. Keep safe the content of which transmission is prohibited by law, such as content promoting violence, defamatory or infringing personal and other rights of third parties;
b. use the Store in a way that does not interfere with its operation, in particular by the use of specific software or hardware,
c. avoid taking actions, such as: sending or placing unsolicited commercial information (spam) within the Store frame
d. use the store in a way that is not disruptive for other Buyers and the Seller
e. use of any content within the Store only for personal use,
f. use of the Store in accordance to the law applied on the territory of the Republic of Poland, the Terms and Conditions, as well as the general principles of netiquette,
§3 Conclusion of the contract and processing
1. Orders can be placed 24 hours a day,
2. In order to place an order, the Buyer shall perform at least the following actions, some of which may be repeated:
3. Add the product to the basket;
a. Choose the delivery method;
b. Choose the payment method;
c. Choose the place of receipt;
d. Place the order in the Store by choosing ‘Order and pay’.
4. Conclusion of the contract with the Consumer occurs at the moment of placing the order.
5. Processing of the Consumers order which is paid upon the receipt occurs instantly and the processing of an order paid by a bank transfer or electronic payment platform occurs after the payment reaches the Seller accounts, which should happen within 30 days after placing the order, unless the Consumer was unable to do so through no fault of his own and informed the Seller.
6. Available payment methods include: payment upon delivery, online bank transfer to:
Lana Nguyen. Hoża 1/10, 00-528 Warsaw, Poland. BANK ACCOUNT: 89 1140 2004 0000 3002 7760 5777., SWIFT code (for international bank transfers): BREXPLPWMBK, reference: Name, Surname and Order Number, PayPal (a list of banks and payment cards on the website: www.paypal.com
Online bank transfers/card payments in the Store are served by Blue Media. Cards accepted: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
7. Conclusion of the contract with the Client occurs at the moment of receiving the order by the Seller, where the Client is informed within 48 hours from placing the order.
8. Processing of the Client’s order may be subject to full or partial payment of the order value or reaching the credit limit of the merchant at least the value of the order or consent of the Seller to send the order for payment upon delivery.
9. Dispatching of the subject of contract takes place within the deadline specified on the product card and for multi-products orders- within the longest deadline specified on the products cards. The deadline is counted from the moment of processing the order.
10.Purchased subject of the contract is accompanied by the Buyer’s choice of proof purchase and sent to the Buyer by selected type of delivery to the place of delivery specified by the Buyer in the order, together with attachments, referred to in §2 point 6b.
§4 Right of withdrawal
1. The Consumer is entitled under the Article 27 of Consumer Rights to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Article 33 and 34 of the Consumer Rights.
2. The term of withdrawal is 14 days from the date of issue of the product, and it is sufficient to return a statement before 14 days.
3. The Consumer can declare the right of withdrawal by completing the form available after logging in to the customer’s account or in any other form in accordance to Consumer Rights.
4. The Seller will immediately confirm receipt of the withdrawal notice by e-mail (given at the conclusion of contract or different if given on the withdrawal form).
5. In the event of withdrawal, the contract is non-contained.
6. The Consumer is obliged to return the item to the Seller immediately, however not later than 14 days after the date on which he has withdrawn from the contract. It is enough to return the item before the 14 days.
7. The Consumer shall return the products, which are the subject of the contract from which he has withdrawn at his own expense.
8. The Consumer does not bear the cost of providing digital content that is not recorded on a physical medium unless he has agreed to meet the benefit prior to the expiration of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time of giving such consent or contractor did not provide confirmation in accordance with Article 15 section 1 and Article 21 section 1 of the Consumer Rights.
9. The Consumer is responsible for reducing the value of the product being the subject of the contract and resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the product.
10. The Seller shall, without a delay, within 14 days of receipt of the consumer’s withdrawal notice, return all payments made by the Consumer, including the costs of delivery to the Consumer, and if the Consumer chose a delivery other than the cheapest ordinary delivery method offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Rights.
11. The Seller reimburses the payment using the same method of payment as used by the Consumer, unless the Consumer clearly agrees to another payment method that does not involve any costs. In the event of necessity to return the funds for the transaction made by the Customer with a payment card the Seller will return the payment to the bank account assigned to the payment card of the Consumer.
12. The Seller may refrain from reimbursing the payment received from the Consumer until the item is returned or the Consumer delivers a proof of return, whichever occurs earlier.
13. In accordance to the Article 38 of the Consumer Rights, the Consumer has no right to withdraw:
a. In which the price depends on financial market fluctuations over which the Seller has no control and which may occur before the withdrawal period expires;
b. If the subject of contract is an unspecified item, made to the consumer’s specifications or catered to his individual needs;
c. If the subject of contract is a rapidly deteriorating matter or has a short shelf-life;
d. If the subject of contract is delivered in a sealed package which can not be returned for health or hygiene reasons when the package is opened if the packaging has been opened after delivery;
e. If the subject of contract, after delivery, based on its characteristics, is inseparably joined to other matters;
f. If the subject of contract is an audio or visual recording or computer program delivered in sealed packaging if the packaging has been opened after delivery;
g. when providing digital content that is not recorded on a physical medium if the performance of the benefit has begun with a clear consent of the Consumer before the expiry date and after informing the Trader of the loss of the right to withdraw from the contract;
h. when providing journals, periodicals or magazines, except for subscriptions.
1. The Seller completely excludes liability to Customers for physical and legal defects based on Article 558 § 1 of the Civil Code (warranty).
2. The Seller is liable to the Consumer on the terms set forth in Article 556 of the Civil Code and subsequent for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect was discovered within one year of the issue of the product, it is assumed that it existed at the time of the danger to the Consumer.
4. If the product has a defect, the Consumer can:
a. Demand a price reduction;
b. Make a declaration of withdrawal;
unless the Seller promptly and without undue inconvenience to the Consumer replaces the faulty product for a free of defects product or the defect will be removed. However, if the product has already been exchanged or repaired by the Seller or the Seller has not made the obligation to exchange the product for a product free of defects or remove the defect, he shall not be entitled to exchange the product or remove the defect.
5. The Consumer may, instead of the proposed defect removal proposed by the Seller, replace the defective item or replace the defective item instead of replacing the defect, unless it is impossible to bring the item into compliance in the manner chosen by the Consumer or require excessive costs in comparison with the method proposed by the Seller. Whereas, in assessing the cost overrun, the value of the defective item, the nature and significance of the defect found, is taken into account, and the disadvantages that would otherwise be exposed by the Consumer would be taken into account.
6. The Consumer can not withdraw from the contract if the defect is irrelevant.
7. If the products has a defect, the Consumer may also:
a. Demand a replacement for a product free of defects;
b. Demand a removal of the defect.
8. The Seller is obliged to exchange the faulty product for a defect free product or to repair the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer’s claim if it is impossible for the Buyer to comply with the contract in the manner chosen by the Buyer, or it would be unreasonably costly in comparison to the second best option.
10. In the event that a defective item has been assembled, the Consumer may demand dismantling and re-assembly from the Seller following a provision of defect free item or defect repair, but shall be liable for part of the costs incurred above the price of the item sold or may require the Seller to pay part of the costs of dismantling and re-mounting, up to the price of the item sold. In the event of failure to comply by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
11. The Consumer who exercises warranty rights is obliged, at the expense of the Seller, to deliver the defective item to complaint address, and if, due to the nature of the item or the way it was assembled, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to provide access to the item for the Seller. In the event of failure to comply by the Seller, the Consumer is entitled to return the goods at the expense and risk of the Seller.
12. The costs of exchange or repair are borne by the Seller, except as described in §5, section 10.
13. The Seller is obliged to accept the faulty item from the Consumer in case of exchange of goods free of defects or withdrawal of the contract.
14. The Seller shall, within 14 days, adapt to Article 5615 of Civil Code: declaration of demand for price reduction, request for exchange of goods free of defects, demand for removal of defect. The Seller shall, within 30 days (Article 7a of the Consumer Rights), comply with any other Consumer statement which is not covered by the Civil Code of 14 days. Otherwise it is considered that the Seller accepted the statement or the request of the Consumer.
15. The Seller is liable under the warranty, if the defect is discovered within two years of the date of delivery of the item to the Consumer, and if the subject of sale is an item used before the end of the year from the time the item was delivered to the Consumer.
16. The Consumer’s claim for the removal of a defect or replacement of a defective item shall expire on the expiry of one year from the date of the defect, but not earlier than two years after the issue of the item to the Consumer, and if the subject of sale is an item used before the end of the year from the time the item was delivered to the Consumer.
17. In the event that the expiry date of the item ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable for the physical defects of the item found before the expiry of that period.
18. Within the deadlines specified in §5 item 15-17, the Consumer may make a declaration of withdrawal or price reduction due to a physical defect of the item being sold, and if the Consumer requests replacement of the item for a free of defects item or defect repair, the period of time to submit a declaration of withdrawal or price reduction begins with the expiry of the time limit for the replacement of the item or the repair of the defect.
19. In the event of a court order or an arbitration court of one of the rights under the warranty, the time limit for exercising other powers vested in the Consumer in question shall be suspended until the final termination of the proceedings. The same applies to mediation proceedings, but the time limit for enforcing other warranty rights granted to the Consumer begins to run from the date the court approves the settlement concluded before the mediator or if the mediation is not completed successfully.
20. For the exercise of rights under the warranty for legal defects of a sold item, §5 items 15-16 shall apply, except that the period of time begins with the date on which the Consumer learned of the existence of the defect and if the Consumer has learned of the existence of the defect only after third-party actions – from the date on which the judgment given in the dispute with a third party has become final.
21. If, due to a defect, the Consumer has made a declaration of withdrawal or a price reduction, he may demand compensation for the damage he suffered by contracting without knowing of the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not liable; in particular, the Consumer may demand reimbursement of contract costs, costs of collection, transportation, storage and insurance of items, reimbursement of expenses to the extent that they have not benefited from them, and have not received their return from a third party and reimbursement of costs. This does not prejudice the obligation to pay compensation under general principles.
22. The expiry of any time to declare a defect does not exclude the exercise of rights under the warranty, if the Seller delinquent concealed the defect.
23. If the Seller is obliged to provide or provide financial reimbursement to the Consumer, he shall do so without undue delay, no later than the time allowed by law.
1. The Personal Data Administrator is responsible for the lawfulness of personal data processing, rules for collecting, using and storing personal data, as well as the Buyer’s rights related to his personal data.
2. The Personal Data Administrator processes the Buyer’s personal data on the basis of consent and in connection with the legitimate interests of the Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
4. The Buyer’s consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
5. The following personal data is collected for the purposes of carrying out the Buyer’s order:
a. postal address – necessary for issuing proof of purchase;
b. place of delivery of the item – necessary to address the parcel;
c. e-mail – necessary for communication related to the implementation of the order;
d. telephone number – necessary if you choose certain types of delivery
§7 Final provisions
1. None of the provisions in these Terms and Conditions intend to infringe the rights of the Buyer. Neither can it be interpreted as such, as in the event of non-compliance of any part of the Terms and Conditions with the applicable law, the Seller declares absolute subordination and application of that right in place of the contested provision of the Terms and Conditions.
2. The Buyers will be notified of any changes and amendments to the Terms and Conditions by e-mail given at the registration or when placing an order. The notification will be sent at least 30 days before the new regulations will come into force. Amendments will be introduced to adjust the Terms and Conditions to the current legal status.
3. The up to date version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab. During the processing of the order and throughout the duration of the post-sale care of the Buyer, the Terms and Conditions accepted at the time of placing the order apply. Except when the Consumer considers it to be less favorable than the current Terms and Conditions and informs the Seller that he accepts the current Terms and Conditions as valid.
4. In matters not covered by these Terms and Conditions, the applicable legal regulations apply. Disputed issues, if the Consumer expresses such a will, are solved by way of mediation proceedings before the Voivodship Inspectorates of Trade Inspection or the process before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful means of pre-trial or out-of-court dispute resolution, for example through the EU ODR web platform or by selecting any legitimate entity from the UOKiK registry. The Seller declares his intention and agrees to the out-of-court resolution of the Consumer dispute.
The case is decided by the local and substantive court.
Version 14.2 (Warsaw, 28 May 2018).