Online Store Terms and Conditions

GENERAL PROVISIONS

  1. The byLama.eu store operates in accordance with the principles set out in these Terms and Conditions.
  2. These Terms and Conditions define the terms of concluding and terminating Product Sales Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the byLama.eu Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
  3. Every user of the byLama.eu store is required to comply with the provisions of these Terms and Conditions.
  4. The Seller is the administrator of Customers' personal data collected via the Store. The rules for processing personal data, information about recipients of personal data, and Customers' rights related to the processing of their personal data are outlined in the Privacy Policy available in the Store.
  5. In matters not covered by these Terms and Conditions, the following provisions shall apply:
    1. the Act on the Provision of Electronic Services of July 18, 2002,
    2. the Consumer Rights Act of May 30, 2014,
    3. the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
    4. the Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

  1. ORDER FORM – a form available on the byLama.eu website that allows for placing an Order.
  2. CUSTOMER – A person who intends to enter into or has entered into a Sales Agreement with the Seller.
  3. CONSUMER – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, or a natural person concluding a contract directly related to their business activity, if it follows from the content of the contract that it is not of a professional nature for them (entrepreneur with consumer rights).
  4. ENTREPRENEUR – a natural person, legal person, or an organizational unit without legal personality, which is granted legal capacity by law, conducting business or professional activity in their own name.
  5. PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  6. TERMS AND CONDITIONS – these terms and conditions of the Store.
  7. STORE – the Service Provider’s online store operating at [www.byLama.eu](http://www.byLama.eu).
  8. SELLER – the entrepreneur Franzo Group Sp. z o.o., ul. Lipowa 1, 63-023 Sulęcin, operating under NIP: 7861725317, REGON: 389616024, and KRS: 0000915165, e-mail: [info@byLama.eu](mailto:info@byLama.eu), phone number: +48 730 639 375.
  9. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
  10. ORDER – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement with the Seller.
  11. PRICE – the amount expressed in monetary units that the Customer is required to pay the Seller for the Product under the Sales Agreement.

INFORMATION ABOUT PRODUCTS AND ORDERING

  1. The [www.byLama.eu](http://www.byLama.eu) store sells Products via the Internet.
  2. The Products offered in the Store are new, compliant with the contract, and have been legally introduced to the Polish market.
  3. The Product price displayed on the Store's website is given in Polish zloty (PLN) and includes all applicable taxes. The price does not include delivery costs.
  4. Orders can be placed through the website using the Order Form (byLama.eu Store) – 24 hours a day, all year round.
  5. A condition for placing an Order in the Store by the Customer is reading and accepting the Store's Terms and Conditions and Privacy Policy at the time of placing the Order.

 

CONCLUSION OF THE SALES AGREEMENT

  1. The Customer purchases Products by adding each selected product to the cart by clicking the “ADD TO CART” button, and then selecting the delivery and payment method for the Products.
  2. After selecting the Products as well as the delivery and payment methods, the Customer proceeds to finalize the order by clicking the “PROCEED TO CHECKOUT” button. The Customer then fills out the form with the information necessary to complete the order, including, in particular, the Customer’s identification details, delivery address, email address, and phone number.
  3. After filling in the required fields of the form, accepting the Terms and Conditions and the Privacy Policy, and clicking the “BUY AND PAY” button, the Customer places the order.
  4. After the Order is placed, the Seller immediately confirms its receipt to the email address provided by the Customer.
  5. The confirmation of Order acceptance, as mentioned above, binds the Customer to their Order and results in the conclusion of a sales agreement between the Seller and the Customer. The confirmation of Order receipt is sent via email.
  6. The confirmation of Order receipt includes:
    1. confirmation of all essential elements of the Order,
    2. a withdrawal form,
    3. these Terms and Conditions including information about the right of withdrawal.
  7. Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.

PAYMENT METHODS

  1. The Seller offers the following payment methods:
  2. payment by traditional bank transfer to the Seller’s bank account,
  3. Payment via the PayNow or PayPal electronic payment system.

2. In the case of payment by traditional bank transfer, the payment should be made to the following bank account: PLN: 89 1140 2004 0000 3102 8154 6838 or EUR: PL91 1140 2004 0000 3512 2136 7093 (MBank). The transfer title should include: “Order No. …”.

3. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment by credit card or instant transfer from selected Polish banks.

4. If the Customer chooses payment by bank transfer, they are obliged to pay the price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.

5. The Product will be shipped only after it has been paid for.

COST, TIMEFRAME, AND METHODS OF PRODUCT DELIVERY

  1. The delivery costs of the Product, which are covered by the Customer, are determined during the Order placement process.
  2. The delivery time of the Product consists of the time needed to prepare the Product and the time it takes for the carrier to deliver the Product:
  3. the time needed to prepare the Products is up to 2 business days,
  4. delivery of movable Products by the carrier takes place within the timeframe declared by the carrier, i.e., up to 3 business days from the moment the shipment is dispatched.

5. Delivery of Products takes place only on business days, i.e., excluding Saturdays, Sundays, and public holidays.

6. Products purchased in the Store are shipped exclusively within Poland via the Polish Post or a courier company.


PRODUCT COMPLAINT

  1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer, when the sold Product is defective, arise from generally applicable legal provisions, including the Consumer Rights Act. For agreements concluded until December 31, 2022, the basis and scope of the Seller’s liability towards the Customer arise from the Civil Code. For agreements concluded on or after January 1, 2023, the rules described in these Terms and Conditions apply.
  2. In the event of a lack of conformity of the goods with the contract, the consumer is entitled to the rights specified in the applicable legal provisions, in particular under the Consumer Rights Act. The Seller hereby informs the consumer of the entrepreneur’s statutory liability for the conformity of the performance with the contract. The consumer has the right to make use of a warranty, if one has been provided. The consumer acknowledges that if the goods are sold as defective, the defect is described in the product sheet.
  3. The goods are deemed to be in conformity with the contract if their description, type, quantity, quality, completeness, and functionality comply with the contract, and, in the case of goods with digital elements, if their compatibility, interoperability, and availability of updates also meet the contract, as well as their fitness for the particular purpose communicated by the Consumer to the Seller.
  4. If the goods are not in conformity with the contract, the consumer may request their repair or replacement.
  5. The Seller may carry out a replacement when the consumer requests a repair, or the Seller may carry out a repair when the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would entail excessive costs for the entrepreneur. If both repair and replacement are impossible or would involve excessive costs for the entrepreneur, the Seller may refuse to bring the goods into conformity with the contract.
  6. The Seller shall carry out the repair or replacement within a reasonable time from the moment the consumer informs the Seller of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular postal charges, transportation, labor, and materials, shall be borne by the Seller.
  7. The consumer shall make the goods available to the Seller for repair or replacement, and the Seller shall collect the goods from the consumer. The Seller shall bear the cost of collecting the goods.
  8. The consumer shall not bear the costs of normal use of the goods that were subsequently replaced.
  9. The entrepreneur is liable for any lack of conformity of the goods with the contract that existed at the time of delivery and becomes apparent within two years from that moment, unless a longer period of usability has been specified for the goods by the entrepreneur, their legal predecessors, or persons acting on their behalf.
  10. It is presumed that any lack of conformity of the goods with the contract that becomes apparent within two years from the time of delivery existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods or the character of the lack of conformity.
  11. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is minor. It is presumed that any lack of conformity of the goods with the contract is material.
  12. The Seller encourages submitting complaints using the complaint form (Appendix No. 1) and sending it to the Seller’s email address. info@byLama.eu or in writing to the Seller’s address: F: Franzo Group Sp. z o.o., ul. Lipowa 1, 63-023 Sulęcin. The use of the form is optional.
  13. The Seller encourages submitting complaints with precise details, including a description of the goods, purchase date, customer information, type of defect, date of its occurrence, and the requested remedy, to ensure quick and efficient processing of the complaint. If necessary, the Seller encourages prior contact by phone or email.
  14. The Seller shall respond to the Consumer’s complaint within 14 days from the date of its receipt. Failure to process the complaint within 14 days shall be deemed as acceptance of the complaint.
  15. In the event that the Consumer exercises the right to a price reduction, the Seller shall refund the amounts due to the Consumer no later than 14 days from the date of receiving the statement on the price reduction.
  16. In the event of withdrawal from the contract, the Consumer shall promptly return the goods to the Seller at the Seller’s expense, and the Seller shall promptly refund the price to the Consumer, no later than 14 days from the date of receiving the goods or proof of their shipment, whichever occurs first.

RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Consumer who has concluded a Sales Agreement may withdraw from the agreement without providing any reason by submitting an appropriate statement within 14 days from the date of taking possession of the Goods. To meet the deadline, it is sufficient to send the statement before the 14-day period expires.
  2. The Consumer may submit the statement of withdrawal from the contract, for example, by email to the address  info@byLama.eu or in writing to the Seller’s address: Franzo Group Sp. z o.o., ul. Lipowa 1, 63-023. The statement may be submitted using the withdrawal form provided by the Seller (Appendix No. 2), but its use is not mandatory.
  3. In the event of withdrawal from the contract, the Sales Agreement shall be considered null and void, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without delay, but no later than 14 days from the date on which the Consumer withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
  4. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Franzo Group Sp. z o.o., ul. Lipowa 1, 63-023 Sulęcin.
  5. Upon receiving the statement of withdrawal, the Seller shall refund to the Consumer all amounts received, including the cost of delivering the Goods (in an amount not exceeding the cost of the cheapest delivery method offered by the Seller). The Seller shall refund the amounts due to the Consumer within 14 days from the receipt of the Consumer’s statement of withdrawal from the contract.
  6. The Seller may withhold the refund of the amounts due to the Consumer until the Seller has received the Goods returned by the Consumer or has received proof of their shipment, whichever occurs first.
  7. The Consumer is liable for any diminution in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
  8. The Seller shall refund the costs using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not involve any additional costs for the Consumer.
  9. If the Consumer has chosen a delivery method for the Product other than the least expensive standard delivery method offered by the Store, the Seller is not obliged to refund any additional costs incurred by the Consumer.
  10. In the cases specified in the Consumer Rights Act, the Consumer shall not have the right to withdraw from the contract. Therefore, the Seller encourages Consumers to make purchases carefully and to familiarize themselves with the rules regarding the right of withdrawal. Some of the products offered by the Seller are not part of its regular assortment and are manufactured only after the Consumer places an order according to the Consumer’s specifications. This situation applies in particular when the Consumer can choose from multiple size variants of the Products and concerns MAXI inspection doors as well as jute and polypropylene ropes.
  11. Pursuant to Article 38 of the Consumer Rights Act, the Consumer is not entitled to withdraw from the Sales Agreement with respect to, among others, a contract:
  • in which the subject of the performance is goods delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery.
  • in which the subject of the performance is non-prefabricated goods, manufactured according to the consumer’s specifications or intended to meet the consumer’s individual needs.

PROVISION OF ELECTRONIC SERVICES

  1. The Seller undertakes actions to ensure the proper functioning of the Store in accordance with current technical standards. Any malfunctions in the operation of the Store will be remedied within a reasonable time.
  2. When submitting a complaint regarding the functioning of the system, the Customer should provide their identification details, correspondence address, and a precise description of the malfunction, including the date and manner in which it occurred.
  3. The Seller shall review the Customer’s complaint within 14 days of its receipt.
  4. The Seller may allow the Customer to subscribe to the newsletter and enter into an agreement for the provision of digital content in the form of a newsletter.
  5. The content available on the website, including the content contained in the newsletter, is protected under generally applicable law, including copyright, industrial property rights, trade rights, company name rights, principles of fair competition, and personal rights.
  6. It is prohibited to transmit unlawful content through the forms available in the Store.
  7. The Consumer may withdraw from the contract for the provision of digital content within 14 days of its conclusion, without giving any reason, by notifying the Seller. Regardless of this, the user may at any time submit a statement to unsubscribe from receiving the newsletter.
  8. The Seller is liable for any lack of conformity of the performance with the contract towards the consumer in accordance with the principles set out in the Consumer Rights Act and in the Seller’s Terms and Conditions.
  9. Information regarding the processing of personal data is contained in the Seller’s Privacy Policy.

TERMS OF PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9 of the Terms and Conditions by the Seller is free of charge.
  2. The contract for the provision of the Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a fixed term and is terminated upon the placement of the Order or the cessation of its placement by the Seller.
  3. Technical requirements necessary for cooperation with the ICT system used by the Seller:
  • a computer (or mobile device) with Internet access,
  • access to email,
  • a web browser,
  • installation of Cookies and JavaScript enabled in the web browser.

REVIEWS

The reviews displayed in the website footer come from the Allegro.pl platform and have been submitted and verified in accordance with Allegro.pl’s policy. The Seller has not conducted any separate verification of these reviews.

 

FINAL PROVISIONS

  1. Contracts concluded through the Store are governed by Polish law.
  2. In the event that any part of the Terms and Conditions conflicts with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Terms and Conditions.
  3. The Seller provides access to archived versions of the Terms and Conditions, which are available at the links below.
  4. Any disputes arising from Sales Agreements between the Store and Consumers shall be resolved primarily through negotiations, with the intention of reaching an amicable settlement, taking into account the provisions of the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or proves unsatisfactory for either party, the disputes shall be settled by the competent common court.
  5. Any disputes arising between the Seller and the Consumer (Customer) shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
  6. A Customer with Consumer status has the right to use out-of-court methods of handling complaints and pursuing claims, such as:
  • a permanent consumer arbitration court, where applications may be submitted for the resolution of disputes arising from the concluded sales agreement,
  • a district or municipal consumer ombudsman, or social organizations whose statutory tasks include consumer protection,
  • a provincial inspector of the Trade Inspection, to whom an application may be submitted to initiate mediation proceedings in order to reach an amicable settlement of the dispute.

7. At the website address http://ec.europa.eu/consumers/odr The Consumer may use out-of-court dispute resolution with the entrepreneur arising from an online sales contract or a contract for the provision of services.

 

ANNEX NO. 1

TO THE ONLINE STORE TERMS AND CONDITIONS

 

City, date

First name, last name

Consumer's address

Order number

 

For:

Franzo Group Sp. Z o.o.

  1. Lipowa 1

63-023 Sulęcin

 

PRODUCT COMPLAINT FORM

 

I hereby notify that the goods purchased by me on ……………. are not in conformity with the contract (defective). The defect consists of ………………………………………………………………………………………………………

………………………………………………………………………………………………………

 

Order number (available after logging in or in the order confirmation email) ……………………………………………………………………………………………………

 

The defect was identified on ……………………….. . In view of the above, pursuant to the Consumer Rights Act of May 30, 2014:

 

  • I request a free repair of the goods.
  • I request the replacement of the goods with new ones.
  • I hereby declare a price reduction of the goods by the amount of ……….. (in words: ………) PLN,
  • I hereby declare the withdrawal from the contract.

 

please refund the specified amount to the account …………………………………………………………………………………………………….

 

/by postal order to my address ……………………………………………………….

 

…………………………………………….  

consumer's signature

 

ANNEX NO. 2

TO THE ONLINE STORE TERMS AND CONDITIONS

 

City, date

 

First name, last name

Consumer's address

Order number

 

For

Franzo Group Sp. Z o.o.

  1. Lipowa 1

63-023 Sulęcin

NIP: 7861725317, REGON: 389616024

 

DECLARATION OF WITHDRAWAL FROM A

DISTANCE CONTRACT

 

I hereby declare that, in accordance with Article 27 of the Consumer Rights Act of May 30, 2014, I withdraw from contract no. ……………….., concluded on ……………….., regarding the purchase of the product ……………………………………………

 

Please refund the amount to the following bank account number:

…………………………………………………………………………………………………

IMPORTANT! In accordance with Article 34 of the Consumer Rights Act, every Customer who holds Consumer status is liable for any diminished value of the goods resulting from their use in a manner that exceeds what is necessary to determine the nature, characteristics, and functioning of the goods.

 

…………………………………………….  

consumer's signature