TERMS AND CONDITIONS
This document defines the general terms and conditions of sales on the website www.lacoste.hu (hereinafter referred to as the “E-Store”), which is owned and administrated by Devanlay Polska Sp. z o.o. with its registered seat in Warsaw (00-120 Warsaw), Złota 59 street, NIP (Tax ID. No.): 7010341947, REGON (National Business Registry No.): 146127374, entered in the Register of Entrepreneurs kept by the District Court for the Sąd Rejonowy dla Miasta Stołecznego Warszawy w Warszawie, 12th Commercial Division of the National Court Register under the KRS number 0000419724, with share capital in the amount of PLN 13 038 100,00; e-mail: firstname.lastname@example.org, (hereinafter referred to as “Devanlay”)
Article 1 – Definitions
Unless otherwise defined, capitalized terms used in these Terms and Conditions shall have the meaning given to them in the Terms and Conditions set out in this document.
1.Consumer - means a natural person who is acting outside the scope of an economic activity making a legal transaction with an entrepreneur in accordance with the definition included in article 221 of Polish Civil Code.
2.Customer - means an adult person who has full legal capacity with whom the Sale Agreement may be concluded and/or to whom electronic services may be provided, according to the Polish law as well as the Terms and Conditions.
3.Customer Account - means a special account established by Devanlay for each Customer, who made registration to E-Store and concluded contract for provision of the Customer Account service with Devanlay.
4.Delivery - means a physical act of providing the Customer by Devanlay, through the Supplier, with Products specified in the order.
5.Devanlay – means Devanlay Polska Sp. z o.o. with its registered seat in Warsaw (00-120 Warsaw), Złota 59 street, NIP (Tax ID. No.): 7010341947, REGON (National Business Registry No.): 146127374, entered in the Register of Entrepreneurs kept by the District Court for the Sąd Rejonowy dla Miasta Stołecznego Warszawy w Warszawie, 12th Commercial Division of the National Court Register under the KRS number 0000419724, with share capital in the amount of PLN 13 038 100,00.
6.Good - means a product offered by Devanlay via the E-Store which can be purchased by the Customers under the Sale Agreement.
7.Login - is a relevant e-mail address of the Customer and means individual identification of the Customer, established by him/her, consisting of a sequence of letters, digits or other characters, required together with the Password to establish the Customer Account in the E-Store.
8.Password - means a sequence of letters, digits, or other characters selected by the Customer during the Registration in the E-Store, used to secure access to the Customer Account in the E-Store.
9.Registration - means a physical act made in the manner prescribed in the Terms and Conditions, as required for use by the Customer of all the functionalities of the E-Store.
10.Sale Agreement – means a sale agreement concluded at a distance in accordance with the Terms and Conditions set herein, by and between the Customer and Devanlay.
11.Supplier - means a provider of delivery services with whom Devanlay cooperates regarding the Delivery of the Products i.e. DPD POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in Warsaw (02-274), 15 Mineralna street, entered in the Register of Entrepreneurs kept by the District Court for the Sąd Rejonowy dla Miasta Stołecznego Warszawy w Warszawie, 13th Commercial Division of the National Court Register under the KRS number 0000028368 NIP (Tax ID. No.): 5260204110, REGON (National Business Registry No.): 012026421, with share capital in the amount of PLN 228,04,000.00.
12.Terms and Conditions – means this document.
13.Working days - means weekdays from Monday to Friday excluding public holidays.
Article 2 – Principles of functioning of the E-Store
1.These Terms and Conditions set out the rules for concluding the Sale Agreement through the E-Store, under the address: www.lacoste.hu. Orders are accepted via www.lacoste.hu.
2.The exclusive right to run the above mentioned E-Store belongs to Devanlay.
3.All rights to E-Store including financial copyrights and others intellectual property rights of all kinds of materials including the name of E-Store, domain, the design and/or general look of www.lacoste.hu as well as all kinds of information, pictures, Lacoste brand and other brands offered by E-Store belong to Devanlay. The materials used at E-Store, including the codes and the software, cannot be changed, copied, reproduced, republished, loaded on another computer, sent by post, transmitted presented or distributed without getting permission in advance or without showing their source. All rights to the E-Store mentioned above may be used only as specified in and in accordance with these Terms and Conditions.
4.Using the E-Store is possible provided that the ICT system, which is used by the Customer follows these minimum technical requirements:
a)Use an Internet browser with support Java Script: Internet Explorer (version 8.0 or higher), Mozilla Firefox (version 22 or higher) or Google Chrome (version 27 or higher),
b)A minimum screen resolution of 1024 x 768 pixels and owning an email account and an access to the Internet.
5.Pictures presented on the E-Store, and other forms of visualization and presentation of the Good do not reflect their actual size, they are only informative.
6.Contact with the E-Store is possible for 24 hours a day, 7 days a week by email: email@example.com
7. or in the Working days from 9.00 am. to 5.00 pm under the phone number 22 278 16 16. The Customer can contact the E-Store by email or by using the contact form available on the E-Store page in the https://www.lacoste.hu/ /kontakt
8.Ordering via Internet the Good available in the E-Store, is possible after registration by filling out the registration form found on the E-Store (Purchases with Registration) or by providing the necessary personal data and address, to implement the contract (Purchase without Registration).
9.The Customer is prohibited to input illegal content and to use the E-Store or free services provided by Devanlay in a manner contrary to law, good practices or violating personal rights of third parties.
10.Information available in the E-Store shall not be perceived as offer of Devanlay within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Sale Agreement.
Article 3 – Purchases with Registration
1.The Customer may create his/her Customer Account. In order to create such Customer Account the Customer must make a free Registration.
2.In order to register it is required to read and accept the Terms and Conditions and consent to the processing of personal data by the E-Store as well as complete the registration form of Devanlay available at the E-Store and forward the completed form by e-mail to Devanlay by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.
3.After submitting completed registration form, an activation link will be sent via e-mail to the Customer to his/her e-mail address provided in the registration form. After clicking on the activation link, the Customer shall be redirected to the login page on E-Store. At that time the contract is concluded for the electronic services provided on the Customer Account. This means that the Customer shall get access to the Customer Account and the right to make changes to data given during the Registration, with the exception of the Login.
4.During the Registration the Customer may at his/her own discretion give consent to the processing of his/her personal data for marketing purposes by marking a relevant field in the registration form. In this case, the Devanlay shall clearly indicate the purpose of collecting the Customer's personal data, as well as data recipients, known to or expected by the Devanlay.
5.The Customer's consent to the processing of his/her personal data for marketing purposes shall not condition the conclusion with the Devanlay of a contract for the provision of the Customer Account service by electronic means. The consent may be revoked at any time by filing a relevant statement by the Customer. Such a statement may be sent by e-mail to Devanlay at firstname.lastname@example.org..
Article 4 – Ordering
1.The Customer can place orders 24 hours a day, 7 days in a week, however orders are processed on the Working days between 10 a.m. - 2 p.m. Orders placed on the Working days before 2 p.m. are processed at the same day. Orders placed on the Working days 2 p.m., and on days other than the Working days will be processed the next Working day.
2.Placing an order is perceived as an offer of the Customer addressed to Devanlay to enter into the Sale Agreement of the Good covered by the order.
3.Placing an order through registration (Purchases with Registration) means that the Customer places an order after logging in to the E-Store, by adding the Good in the cart, indicating the method of payment and Delivery and the data necessary to issue a VAT invoice, if there is such request, as well as potential comments to the order concerning delivery address. Before the order is made the Customer is informed each time about the total price for selected Good and the Delivery, as well as about any additional costs the Customer is obliged to incur under the Sale Agreement. In case of Purchase with Registration the Client gains access to several additional features, including: order history, the possibility to check the order performance status of the last order placed, the possibility to record shipping addresses, the possibility of receiving current information on products in the E-Store.
4.Placing an order without registration (Purchases without Registration) means that the Customer places an order by adding the Good in the cart, and then selects the "Order" button, indicating the method of payment and Delivery and other necessary data to perform the contract, such as: name, date of birth, gender, phone, address, e-mail, data necessary to issue a VAT invoice, if there is such request, and any comments to an order, concerning delivery address. When making Purchases without Registration, the Customer is required to read and accept the provisions of the Terms and Conditions of the E-Store. After the order is placed, Devanlay shall send an order confirmation to the e-mail address provided by the Customer.
5.The ordering process ends, both for orders with and without registration, when the Customer clicks "Confirm your order and pay". The order is confirmed with this action.
6.Then the Customer shall receive on his/her e-mail address specified previously during filling registration form of the E-Store (Purchase with Registration) or while placing an order (Purchase without Registration) confirmation of the processing of an order, along with the contents of this Terms and Conditions, followed by current information about the course of execution of the order. Information about acceptance of the order for execution constitutes a statement of Devanlay about acceptance of the offer referred to in Article 4.3 or 4.4 above and, upon receipt thereof by the Customer, the Sale Agreement is concluded.
7.The online payment order is to be issued directly after placing the order. If money is not transferred to the bank account of Devanlay or of intermediary entities (tpay), the order will not be effected and the agreement concluded shall be deemed null and void. If this is the case, the order can be placed anew.
8.After clicking "Confirm your order and pay" and after making the payment via tpay, the Customer will be redirected to a website where she/he can continue shopping or move on to an order summary
9.In case of both option Purchase with Registration and Purchase without Registration, after conclusion of the Sale Agreement, Devanlay confirms to the Customer the terms and conditions of the Sale Agreement by sending them on a durable medium to the Customer's e-mail address provided by the Customer upon the Registration (Purchase with Registration) or while placing the order (Purchase without Registration).
10.At every stage of order-making until the payment is made an order may be cancelled. The Customer just has to stop moving on to subsequent stages and leave the sub-page for placing orders. Orders which are not fully placed by the Customer will not be performed
Article 5 – Payments
1.Prices of the Goods on the E-Store are given in HUF and include VAT. Prices do not include information regarding any additional costs (e.g. costs of Delivery and others) which shall be incurred by the Customer in accordance with the Sale Agreement. When selecting the method of the Delivery and upon placing an order the Customer will be informed about additional costs subject to article 6 passage 14 of this Terms and Conditions. The price of each Good is binding at the time an order is placed by the Customer.
2.Prices given in EUR are calculated into HUF according to the exchange rate published by NBP at the date of transaction.
3.As a form of payment for ordered Goods the Customer shall use a bank transfer executed by external tpay payment system handled by Krajowy Integrator Płatności SA with its registered office in Poznań (61-808), 73/6 św. Marcin street (in such case an accomplishment of an order shall start after a Customer completes the process of ordering in the Online Store and after a receipt of notification from tpay system that a payment has been successfully completed).
4.Devanlay reserves the right to change prices of Goods, to create and cancel promotions, to introduce new Goods as well as to make changes within the range of Goods. All orders made before the date of implementation of abovementioned changes shall be made in accordance with current rules.
5.The E-Store promotions cannot be merged unless the rules of promotions states otherwise.
Article 6 – Completion dates and Delivery
1.Orders are processed only after payment is received by the E-Store.
2.The Goods can be delivered only to addresses within the territory of Hungary.
3.Goods sold in the E-Store are available.
4.The Goods may occasionally prove unavailable under special circumstances (e.g. when multiple Customers order the same product simultaneously). If it is so, the Customer will be informed.
5.If a given Good is not in stock or if it is impossible to perform an order for other reasons, the Customer shall be notified via e-mail of the problems concerning the performance of her/his order and of possible solutions.
6.The Goods being subject to the Sale Agreement shall be delivered without defects.
7.The performance of the order shall commence after 100% of the amount due for a given order has been transferred to the account of Devanlay or of intermediary entities (tpay); at that moment the Good is transferred to the Supplier.
8.While placing an order the Customer shall be provided with the information on the number of Working days necessary to execute the Delivery and fulfil the order.
9.The Delivery should take place within 3-6 Working days.
10.Devanlay is obliged to deliver through the Supplier Goods ordered by the Customer, to the address indicated on the order form (Purchases with Registration) or during placing the order (Purchases without Registration).
11.The Customer shall be informed via e-mail about the shipment of the Goods on the same day as the Goods dispatch.
12.The Customer shall examine the delivered Goods in the customary time and manner for shipments of that type in the presence of the Supplier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Supplier's employee to draw up a relevant report.
13.Devanlay shall attach to each shipment a receipt as a proof of purchase. On Customer’s request and after providing all the necessary data Devanlay shall issue a VAT invoice and attach it to shipment. Devanlay shall not be liable for incorrect data given by the Customer.
14.The cost of the Delivery shall be incurred by the Customer and added to the price of the order if the value of the order does not exceed PLN 400. The cost of Delivery shall be indicated to the Customer before making the order.
Article 7 - Implied Warranty
1.All Goods are free of physical and legal defects, however Devanlay shall be liable towards the Customer in the event that the Good is defective (implied warranty).
2.If the Good has defects, the Customer may:
a)submit a statement on reduction of the price or rescission of the Sale Agreement, unless Devanlay immediately and without excessive inconvenience for the Customer replaces the defective Good with a non-defective one or removes the defect. This limitation shall not apply if the Good has already been replaced or repaired by Devanlay, or if Devanlay failed to fulfil the obligation to replace the Good with a non-defective one or to remove the defect. The Customer may demand replacement of the Good with a non-defective one instead of removal of the defect proposed by Devanlay or demand removal of the defect instead of replacement of the Good, unless making the Good compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by Devanlay. When assessing if the costs are excessive, one shall take into account the value of the Good free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim.
b)demand replacement of the defective Good with a non-defective one or removal of defect. Devanlay shall replace the defective Good with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer. Devanlay may refuse to fulfil the Customer's demand if making the defective Good compliant with the Sale Agreement in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Good compliant with the Sale Agreement. The cost of repair or replacement shall be incurred by Devanlay.
3.The Customer exercising the rights under the implied warranty shall deliver the defective Good to address of Devanlay. If the Customer is the Consumer the Delivery cost shall be incurred by Devanlay.
4.Devanlay shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Good to the Customer. The claim for removal of defect or replacement of the Good with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Sale Agreement or submit a statement on reduction of the price due to defect of the Good. If the Customer demanded replacement of the Good with a non-defective one or removal of the defect, the time-limit for rescission of the Sale Agreement or submission of the statement on reduction of the price shall start running upon expiry of the time-limit for replacement of the Good or removal of the defect.
Article 8 – Complaints
1.Any complaints related to the Goods or progress in realization of an order of the Customer as well as any information related to receipt of the return shipment shall be submitted/communicated by the Customer via e-mail to the address email@example.com
2.For complaints sent by mail, the Customer needs to indicate the underlying causes of the complaint, description of the problem and provide information necessary to identify the relevant order. The Customer may use the “Complaint” form (available on the website http://www.lacoste.hu/kontakt. The form can be filled-out online or printed out and then sent to the following address E-Sklep Devanlay Polska Sp. z o.o. z siedzibą w Warszawie (00-120 Warszawa), ul. Złota 59.
3.In case of complaint, the Customer should send back the Good to Devanlay.
4.Devanlay enables the Customers who make claims to send the Good in question by Supplier at the expense of Devanlay. In order to do that it is compulsory for the Customer to fill in online return form (available in the Customer Account) as well as to send through online contact form (http://www[*]) information on filling the online return form and on address data where the complaint Good should be picked up from.
5.Devanlay is obliged to provide the Customer with his opinion on the complaint regarding the Good or performance of the Sale Agreement within 14 days from the date of receiving the Customer’s demand containing the complaint.
6.The compliant may be filled by the Customer in connection with free electronic services provided by Devanlay. The Customer may send a complaint in an electronic form to the address firstname.lastname@example.org The compliant shall include a description of the problem. Devanlay shall answer to the Customer on the compliant immediately, not later than within 14 days.
Article 9 - Right of Withdrawal
1.The Customer being the Consumer, has the right, without giving any reasons, to cancel the Sale Agreement within 14 days of the date on which the Customer acquired the physical possession of the Good or a third party, other than the courier and specified by the Customer, took physical possession of the Good.
2.Withdrawal of the Sale Agreement shall result in considering this agreement as if it had never been concluded.
3.If the Customer being the Consumer submits the statement on withdrawal of the Sale Agreement before Devanlay accepts the Customer's offer, the offer shall cease to be binding.
4.In order to use withdrawal right, the Customer should inform Devanlay about his/her decision of withdrawal from the Sale Agreement by clear statement (for example letter sent by mail or e-mail).
5.The Customer may use the form of withdrawal from the Sale Agreement that can be printed out and filled-out, provided that it is not mandatory. The above mentioned form is available on the E-Store website http://lacoste.hu/customer-service/return-form .
6.The Customer may also fill-out online and send the form of withdrawal from the Sale Agreement available in the Customer Account during each order. If the Customer uses this option, the Customer will immediately receive confirmation of receipt of such a withdrawal from the Sales Agreement by e-mail. The Customer may also send any other clear statement by e-mail.
7.To keep the deadline for withdrawal by the Customer, it is enough if he/she sends information regarding the use of withdrawal right before the deadline for withdrawal from the Sale Agreement.
8.In case of return of Good using the Supplier, please contact with Devanlay using online form or by phone +48 222 78 16 16 in order to make an appointment to receive the Goods from the Customer being the Consumer. The Good should be returned in the same package in which it was received.
9.If the Customer being the Consumer decide not to use unpaid return option of the Good, he/she shall bear the shipping and bear the costs and risks of return of the Good by himself/herself.
10.Devanlay shall immediately, not later than within 14 days from the date of receipt of statement of the Customer being the Consumer on withdrawal of the Sale Agreement, return to the Customer all payments made by the Customer, including the costs of Delivery of the Good to the Customer being the Consumer, provided the resolution mentioned in passage 9 above. Devanlay may withhold reimbursement of the amounts paid by the Customer being the Consumer until receipt of the returned Good or delivery by the Customer being the Consumer of a proof of sending the Good, whichever occurs earlier.
11.The Customer being the Consumer shall return the Good to Devanlay immediately, however not later than within 14 days from the date of withdrawal of the Sale Agreement. To abide by the deadline, it is enough to send the Good to address of Devanlay before expiry of such deadline.
12.The Customer shall bear liability for decrease of the value of the Good as a result of use thereof outside the manner necessary to determine the nature, features and functioning of the Good.
13.Devanlay shall reimburse the payment using the same method of payment as the one used by the Customer being the Consumer, unless the Customer being the Consumer expressly agrees to other method of reimbursement which does not entail any costs provided that in such a case Devanlay shall not be liable to cover bank charges paid by the Customer being the Consumer during the first payment. Additionally if the bank account of the Customer being the Consumer is denominated if a specified currency and both the payment and the reimbursement are made in different currency, Devanlay shall not be liable for any damages resulting from currency conversion conducted by the bank of the incurred by the Customer being the Consumer in accordance with the returned amount. The Customer being the Consumer shall never bear the costs of any refund.
14.The right to withdraw the Sale Agreement is not vested in the Customer being the Consumer as regards to contracts in the case of which the Good is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package was opened after the Delivery.
Article 10 – Free of charges Electronic Services
1.Devanlay renders the following free of charges electronic services 24 hours a day, 7 days a week:
b.Customer Account service;
2.Devanlay reserves the right to select and amend the form, type, method and time of providing access to some of these services. The Customer shall be informed in a manner appropriate to change the Terms and Conditions.
3.Through Newsletter service the Customer will receive information via electronic e-mail about new services or products offered by Devanlay. The Newsletter shall be sent by Devanlay to those Customers who have subscribed.
4.On order to activate Newsletter service during the Registration a relevant field should in the registration form be marked to subscribe Newsletter service.
The Newsletter service can be also activated, if the Customer enters his/her e-mail address by application available on the website of E-Store (link: www.lacoste.hu). After sending the completed application, the Customer shall promptly receive the confirmation of Devanlay by e-mail, to the address provided in the application.
At that time the contract for the provision of electronic Newsletter services is concluded.
5.The Customer has the right to unsubscribe from receiving the Newsletter at any time. In order to unsubscribe the Customer at his/her choice may click on a link contained in e-mail sent under the Newsletter service, or activate an appropriate box in the Customer Account.
6.The Newsletter shall include, in particular: information about the sender, completed field "subject" specifying the content and information about the possibility and manner of unsubscribing from the service Newsletter.
7.The Customer Account service gives the Customer an access to a dedicated panel on E-Store enabling him/her to correct the data given previously during the Registration, to check the history of orders as well as to track the status of orders. The Customer Account service is available after making the Registration on terms described in the Terms and Conditions.
8.After making a Registration the Customer may submit to Devanlay a request for deletion of the Customer Account. However in case of request for deletion of the Customer Account made by Devanlay, the Customer Account shall be deleted not later than within 14 days from submission of the demand.
9.The Contact Form service gives the Customer a possibility to send a messages to Devanlay via the form available at the E-Store website.
10.The Customer has the right to unsubscribe at any time from Contact Form service by sending email to Devanlay at [email@example.com].
11.In the event that the Customer breaches the law or the Terms and Conditions, acts to the detriment of Devanlay or other Customers, as well as if it is justified on the grounds of safety Devanlay reserves the right to block an access to the Customer Account and to free electronic services described above. Blocking access to the Customer Account and free services due to the reasons specified above shall last for a period necessary to resolve issues giving rise to blocking the access. Devanlay shall notify the Customer about blocking the access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.
Article 11 - The Customer's responsibility
1.Posted content does not express opinion of Devanlay and should not be synonymous as its activities. When posting a content Devanlay shall be considered for this purpose only as a provider of ICT resources. Devanlay shall not be considered as a content provider.
2.The Customer declares that:
a.is entitled to use copyrights, industrial property rights and/or related rights to – respectively – works, subjects of industrial property rights (e.g. trademarks) and/or related rights that constitute contents published by him/her;
b.states that personal data, images and information relating to third parties were posted and made available within the scope of services referred to in Article 10 legally, voluntarily and with the consent of persons to whom they refer;
c.agrees to access to the published content by other Customers and Devanlay, as well as authorizes Devanlay to use them free of charge in accordance with the provisions of these Terms and Conditions;
d.He/she agreed on adaptation of work within the meaning of the Act on copyrights and related rights.
3.In accordance with the electronic services described in Article 10 the Customer is not authorized to post:
a.personal data of third parties and to distribute images of third parties without the legally required permission or consent of third parties;
b.advertising and/or promotional content.
4.Devanlay does not control posted contents on an on-going basis.
5.If a Customer or another person or entity believes that contents published on the E-Store violates their rights, personal rights, good practices, feelings, morality, beliefs, fair competition rules, know-how, a secret protected by law or liability, they should notify Devanlay on such alleged violation. After being notified Devanlay shall undertake activities aimed at deletion of violating contents from the website of E-Store.
6.Devanlay shall be responsible for content posted by the Customer only upon the condition that it has been previously notified about potential breach of somebody’s rights as specified above.
7.In accordance with the electronic services described in Article 10 it is forbidden to post content that might, in particular:
a.be offensive or constitute a threat addressed to other persons, or contain the vocabulary that violates good customs (e.g. by using vulgar terms or expressions that are commonly regarded as offensive);
b.violate any rights of third parties, including rights related to protection of copyrights and related rights, protection of industrial property rights, trade secret or related to any confidentiality obligations;
c.be published in bad faith
d.be contradictory to interests of Devanlay;
e.violate other provisions of the Terms and Conditions, good practices, applicable legal provisions and social or moral norms.
8.In the event that Devanlay receives a notification that the content violates somebody’s rights, personal rights, good practices, feelings, morality, beliefs, fair competition rules, know-how, a secret protected by law or liability, Devanlay reserves the right to modify or delete content posted by the Customers within the scope of his/her use of electronic services described in Article 10.
9.The Customer authorizes Devanlay to use free of charge content posted by the Customer within the website of E-Store.
Article 12 - Final provisions
1.Devanlay shall be liable for non-performance or improper performance of the Sale Agreement or the electronic services agreement described in Article 10 but, in the case of contracts with the Customers being entrepreneurs i.e. any natural person, legal person or an organizational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business or pursuing the profession, Devanlay shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the entrepreneur.
2.The contents of these Terms and Conditions may be recorded by being printed, copied to a storage device or downloaded at any time from the E-Store.
3.In the event of a dispute related to the concluded Sale Agreement or the electronic services agreement described in Article 10, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Terms and Conditions.
4.Devanlay reserves the right to change those Terms and Conditions. The Customer will be notified about any change by receiving an appropriate message on the website www.lacoste.hu. Customers who have the Customer Account shall be notified of the amendments to Terms and Conditions and about the possibility of its acceptance by first logging in E-Store, starting from the date of entry into force of the new Terms and Conditions. Refusal to accept the Terms and Conditions is equivalent to termination of the contract for the provision of electronic services.
5.The Sale Agreement and the electronic services agreement described in Article 10 are concluded in the Polish language.
6. Devanlay informs the Customer, being the Consumer, of the possibility of taking advantage of out-of-court means of settling complaints and obtaining redress. Rules of access to such procedures are available at the offices or on the internet sites of the entities responsible for out-of-court settlement of disputes. These may be in particular Consumer rights spokespersons or the Voivodship Inspectorate of Trade Inspection, the list of which is available on the internet site of the Office of Competition and Consumer Protection at the address http://www.uokik.gov.pl/spory_konsumenckie.php. Devanlay provides information that at the address http://ec.europa.eu/consumers/odr/ there is available the platform of an online system of settling disputes between consumers and businesspersons at the EU level.
8.The Terms and Conditions shall enter into force on 01.04.2019.