REGULATIONS
This document determines the general
principles and terms and conditions of sale at www.lacoste.hu (hereinafter
referred to as "Online Shop"), which is owned and administered by
Devanlay Polska Sp. z o.o. with its registered office in Warsaw (00-120
Warsaw), ul. Złota 59, NIP number: 7010341947, REGON number: 146127374,
registered in the Register of Entrepreneurs kept by the District Court for the
Capital City of Warsaw in Warsaw, 12th Commercial Division, under the KRS
number 0000419724, with a share capital of PLN 13,038,100.00; e-mail:
info@lacoste.hu (hereinafter referred to as "Devanlay")
Article 1 – Definitions
Unless otherwise specified, terms in
capital letters used in these Regulations shall have the meaning given to them
in these Regulations, which shall be this document.
1. Devanlay –
Devanlay Polska sp. z o.o. z with its registered office in Warsaw (00-120
Warsaw), ul. Złota 59, NIP number: 7010341947, REGON number: 146127374,
registered in the Register of Entrepreneurs kept by the District Court for the
Capital City of Warsaw in Warsaw, 12th Commercial Division, under the KRS
number 0000419724, with a share capital of PLN 13,038,100.00.
2. Working days –
days of the week from Monday to Friday, excluding public holidays.
3. Delivery – a
factual act, which consists in the delivery to the Customer by Devanlay,
through the Supplier, of the Goods specified in the order.
4. Supplier - an
entity providing delivery services, with which Devanlay cooperates within the
scope of Goods Delivery i.e. General Logistics Systems Poland Sp. z o.o. with
its registered office in Głuchowo (62-052), ul. Tęczowa 10, entered in the
Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto
and Wilda, 8th Commercial Division of the National Court Register, the KRS
number 0000005009, NIP number 7851561831, or Poczta Polska Spółka Akcyjna, ul.
Rodziny Hiszpańskich 8, 00-940 Warsaw NIP number: 525-000-73-13, entered in the
Register of Entrepreneurs kept by the District Court for the Capital City of
Warsaw in Warsaw, the KRS number: 0000334972 or INPOST PACZKOMATY Sp. z o.o.
with its registered office in Cracow, address of the registered office: ul.
Wielicka 28, 30-552 Cracow, entered in the Register of Entrepreneurs kept by
the District Court for Cracow-Śródmieście in Cracow, 11th Commercial Division
of the National Court Register under the KRS number 0000418380, NIP number 6793081395.
5. Password – a
sequence of letters, digits or other characters selected by the Customer during
the Registration on the Online Shop in order to secure access to the Customer's
Account created on the Online Shop.
6. Customer – an
entity with whom a Sales Agreement may be concluded and/or to whom electronic
services may be provided in accordance with the law and these Regulations. If
the Customer is a natural person, it must be at least 18 years old.
7. Customer’s
Account – a special account created by Devanlay for each Customer who has
registered in the Online Shop and concluded an agreement to provide the service
of running the Customer's Account by Devanlay.
8. Consumer - a
natural person over 18 years of age who performs with the entrepreneur a legal
transaction which is not directly related to its business or professional
activity referred to in the Hungarian Civil Code.
9. Login – it is
the Customer's e-mail address constituting an individual designation of the
Customer, created by the Customer, consisting of a sequence of letters, digits
or other characters required together with the Password in order to create the
Customer's Account in the Online Shop.
10. Privacy
policy – a document indicating the principles to be followed in all matters
relating to the processing and protection of personal data in the meaning given
by the provisions concerning the protection of personal data, including in
particular Regulation (EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data and repealing
Directive 95/46/EC (Official Journal of the European Union L 119, p. 1)
("GDPR") and the Personal Data Protection Act of 10 May 2018
("Personal Data Protection Act"). These principles are also
consistent with the Act on Provision of Electronic Services of 18 July 2002, as
well as with the Act on Telecommunications Law of 16 July 2004 available at [https://www.lacoste.hu/polityka-prywatnosci].
11. Regulations –
this document.
12. Registration
– a factual act described in the Regulations, performed by the Customer in
order to use all functionalities available in the Online Shop.
13. Goods –
products offered by Devanlay through the Online Shop, which may be purchased by
the Customer under the Sales Agreement. The subject of the transaction are only
original products.
14. Sales
Agreement – it means a remote sales agreement concluded by the Customer and
Devanlay on the basis of the terms and conditions described in these
Regulations.
15. Hosting
Provider- Amazon Web Services EMEA SARL
38 Avenue John F. Kennedy, L-1855,
Luxembourg
Cases related to the hosting provider à https://signin.aws.amazon.com/signin?redirect_uri=https%3A%2F%2Fconsole.aws.amazon.com%2Fsupport%2F%3Fstate%3DhashArgs%2523%26isauthcode%3Dtrue&client_id=arn%3Aaws%3Aiam%3A%3A015428540659%3Auser%2Fsupportcenter&forceMobileApp=0&code_challenge=sLZ_Mfhj-h4Esgc1Gtqv24bcYUd5M9wcrOXkpo9T14k&code_challenge_method=SHA-256
E-mail address of the hosting provider:
[...]
Article 2 – Principles of operation of
the Online Shop
1. These
Regulations determine the principles of concluding a Sales Agreement through
the Online Shop, at www.lacoste.hu. Orders are accepted via www.lacoste.hu.
2. The exclusive
right to run the Online Shop shall belong to Devanlay.
3. All rights to
the Online Shop, including the name of the Online Shop, domain, design and/or
general appearance of the www.lacoste.hu website, as well as all types of
information, images, Lacoste brands and other brands offered in the Online
Shop, including the proprietary copyrights and other intellectual property
rights belong to Devanlay. Materials used in the Online Shop, including codes
or software, may not be altered, copied, reproduced, published, installed on
another computer, sent by mail, transmitted, presented or distributed without
the prior consent of Devanlay or without revealing their source. All rights to
the Online Shop described above may be used only in the manner specified and in
accordance with the Regulations.
4. The use of the
Online Shop is possible under the condition that the ICT system used by the
Customer meets the following minimum technical requirements:
a. uses a Java
Script enabled web browser: Internet Explorer (version 8.0 or better), Mozilla
Firefox (version 22 or better) or Google Chrome (version 27 or better),
b. has a minimum
screen resolution of 1024 x 768 pixels and an e-mail account and Internet
access.
5. Images
presented in the Online Shop as well as other forms of visualisation and
presentation of the Goods do not reflect their actual size, they are only of
informative nature.
6. Contact via
the Online Shop is possible 24 hours a day, 7 days a week by e-mail
(info@lacoste.hu) or on Working Days at the phone number (+48 947 213
853) from 8.00 a.m. to 4.00 p.m. The Customer may contact the Online Shop by
e-mail or using the contact form available in the Online Shop at the address https://www.lacoste.hu/kontakt.
7. Ordering Goods
available in the Online Shop via the Internet is possible after the
registration by filling in the registration form available in the Online Shop
(Purchases with Registration) or by providing the necessary personal and
address data to enable the finalisation of the agreement (Purchases without
Registration). Viewing the assortment of the Online Shop does not require
registration.
8. It is
forbidden to post illegal content by the Customer and to use the Online Shop or
electronic services provided by Devanlay in a manner inconsistent with the law,
good practices or in violation of the rights of third parties.
9. The
information published in the Online Shop shall not constitute an offer of
Devanlay within the meaning of the Civil Code, but only an invitation to the
Customers to submit offers in order to conclude a Sales Agreement.
10. By placing an
order, the Customer also declares that it is an adult and has full legal
capacity (including entering into agreements).
11. Persons
registering in the Online Shop and making purchases there provide their
personal data and agree to their processing by Devanlay on the principles
indicated in the Privacy Policy. In order to confirm the correctness of the
data provided during registration in the Online Shop, the Customer shall
receive an e-mail with a request to confirm the data.
Article 3 – The Customer’s Account
1. The Customer
may create its Customer's Account. Each Customer shall be entitled to have a
maximum of one Customer's Account at a time. Devanlay reserves the right to
delete multiple registrations. In order to create such a Customer's Account,
the Customer must make a free Registration. The Registration shall enable the
Customer:
i. to enter, edit
or delete data, including delivery addresses;
ii. to place
orders using the data entered by the Customer;
iii. to create a
shopping list;
iv. to view order
history;
v. to order and
resign from the Newsletter order;
vi. to use
discount codes;
vii. to make
payments for orders on delivery;
viii. to use
other features made available to registered Customers.
2. In order to
register, it is necessary to read and accept the Regulations and the Privacy
Policy, provide personal data such as: name, surname, e-mail address, password
and others, if necessary, and agree to the processing of personal data by the
Online Shop, as well as fill in the Devanlay registration form available in the
Online Shop and send the complete form by e-mail to Devanlay by checking the
appropriate field on the form. During the Registration, the Customer creates an
individual Password.
3. After
submitting the complete registration form, an activation link shall be sent to
the Customer's e-mail address provided on the registration form. After clicking
on the activation link, the Customer shall be redirected to the login page in
the Online Shop. At this point, an agreement is concluded for the provision of
electronic services in the scope of maintaining the Customer's Account. This
means that the Customer shall receive access to the Customer's Account and the
right to modify the data provided during Registration, excluding the right to
modify the Login.
4. The Customer's
Account created as a result of registration is maintained for the Customer for
an indefinite period. The Customer may resign from maintaining an account in
the Online Shop and demand its deletion at any time. For the resignation and
deletion of the Customer's Account there are no fees charged.
5. During the
Registration process, the Customer may voluntarily agree to the processing of
its personal data for marketing purposes by checking the appropriate field in
the registration form. In this case, Devanlay shall indicate the purpose of
collecting the Customer's personal data, as well as the recipients of such data
known or anticipated by Devanlay.
6. The Customer's
consent to the processing of its personal data for marketing purposes shall not
condition the possibility of concluding an agreement with Devanlay for the
electronic provision of the service of maintaining the Customer's Account. The
consent may be revoked at any time by filling in an appropriate statement by
the Customer. The statement may be sent to the address of Devanlay, by e-mail.
7. In order to
delete the Customer's Account from the Online Shop, please contact Devanlay by
phone (+48 947 213 853) from 8.00 a.m. to 4.00 p.m. An instruction to
delete the Customer's Account shall be accepted for processing after confirming
whether the person making the request is the owner of this account. The
deletion of the Customer's Account shall take place within 14 days from the
submission of the request and shall mean the termination of the agreement for
the provision of electronic services with the Company by the Customer, the
subject of which is the maintenance of the Customer's Account.
8. Devanlay shall
be entitled to block the Customer's Account in cases provided for by generally
applicable law regulations. Devanlay shall be also entitled to block the
Customer's Account for important reasons, which are:
i. violation by
the Customer, when using the Online Shop, of generally applicable law
regulations, rights of third parties (including, in particular, intangible
property rights), personal rights of third parties or principles of social
coexistence;
ii. other
repeated (at least twice) violation by the Customer of the provisions of these
Regulations;
iii. the
Customer's repeated (at least twice) ordering of the Goods to be paid during
the collection of the subject of the order with the provision of false address
data, making it impossible to find the addressee;
iv. persistent
and repeated withdrawal by the Customer from the agreement under the terms and
conditions specified in § 9 of these Regulations, if the withdrawal is not
justified by the impossibility for Devanlay to perform it in accordance with
the content of the order.
9. The Customer
shall be notified of the intention to block the Customer's Account to the
e-mail address currently registered in the Online Shop. In accordance with the
provisions of the preceding section, blocking the account means the termination
of the agreement with the Customer for the provision of electronic services
with immediate effect.
10. In the event
that the Customer's Account is blocked in accordance with sec. 8-9 above, any
outstanding orders placed by that Customer shall be cancelled by Devanlay.
Cancellation takes place within 1 day from the blocking of the Customer's
Account. In this case, if payment for the order has already been made, Devanlay
shall refund the entire amount paid to the Customer. The refund shall be made
in accordance with generally applicable law regulations.
Article 4 – Placing orders
1. The Customer
may place orders 24 hours a day, 7 days a week, however, orders are processed
on Working Days between 10.00 a.m. and 2.00 p.m. Orders placed on Working Days
until 2.00 p.m. are processed on the same day. Orders placed on Working Days
after 2.00 p.m. and on days other than Working Days shall be processed on the
next Working Day.
2. Placing an
order is treated as sending by the Customer to Devanlay an offer to conclude a
Sales Agreement for the Goods described in the order.
3. Placing an
order by registration (Purchases with Registration) means that the Customer
places an order after logging in to the Online Shop by adding the Goods to the
basket and indicating the method of payment and Delivery and the data necessary
to issue a VAT invoice, if it was requested by the Customer, as well as any
comments to the order concerning the delivery address. If the Customer fails to
provide all the required information, it shall not be possible to place an
order. Before making an order, the Customer shall be informed about the total
price for selected Goods, Delivery as well as about possible additional costs
that the Customer is obliged to incur on the basis of the Sales Agreement. In
the situation of making Purchases with Registration, the Customer also gains
access to additional options such as: order history, possibility to check at
what stage is the last order placed, remembering shipping addresses,
possibility to receive current information about products from the Online Shop.
4. Placing an
order without registration (Purchases without Registration) means that the
Customer places an order by adding the Goods to the basket and checks the
"Order" option indicating the method of payment, Delivery and other
necessary data to conclude the agreement, such as: name, date of birth, gender,
phone number, address, e-mail, data necessary to issue a VAT invoice, if such a
request was made, as well as any comments to the order concerning the delivery
address. If the Customer fails to provide all the required information, it
shall not be possible to place an order. In case of Purchases without
Registration, the Customer is obliged to read and accept the Online Shop
Regulations, as well as agree to the processing of its personal data. After
making an order, Devanlay shall send an order confirmation to the e-mail
address indicated by the Customer.
5. The order
process ends for both Purchases with Registration and Purchases without
Registration when the option "Confirm the order and pay" is selected.
This action confirms placing an order.
6. Next, the
Customer shall receive on its e-mail address provided previously in the
registration form in the Online Shop (Purchases with Registration) or when
placing an order (Purchases without Registration), a confirmation of acceptance
of the order for processing, together with a link to the current Regulations,
which determine the terms and conditions and principles of the Sales Agreement
and are its integral part, and then an individualised order number ("Order
Code"), the provision of which allows, among other things, to determine
the status of the order. The information on acceptance of the order for
processing shall not mean acceptance of the order by Devanlay, it is only a
confirmation that Devanlay has received the Customer's order. Subsequently,
Devanlay needs adequate time to process the order and prepare the Goods for
shipment. The Customer shall receive an e-mail from Devanlay which contains
information that the order has been accepted together with the shipment data
("Confirmation of Shipment"), which constitutes a statement of
Devanlay about acceptance of the offer referred to in Article 4 sec. 3 and 4
above. Upon receipt of the Confirmation of Shipment by the Customer, a Sales
Agreement is concluded. The Sales Agreement concerning the purchase of the
given Goods is of a timely nature and lasts for the period of order processing.
The place of performance related to the purchase of Goods in the Online Shop is
the delivery address indicated by the Customer.
7. For Purchases
with Registration and Purchases without Registration, the Customer may agree to
receive invoices in electronic form. Invoices shall be sent to the e-mail
address indicated in the Customer's Account or indicated in the order placement
process for Purchases without Registration. If the Customer refuses to receive
invoices electronically, invoices shall be sent in the traditional form, i.e.
on paper together with the order.
8. The payment
order must be completed immediately after placing the order. In case of
non-receipt of the payment to the Devanlay account or to the intermediary
entities (PayU service), the order is not considered as correctly placed, the
agreement shall not be concluded and the order shall not be executed. In this
case, the order may be placed again.
9. After clicking
the "Confirm the order and pay" button, the Customer selects one of
the currently available methods of payment, which may be found on the
lacoste.hu website in the "Methods of Payment" tab and visible during
the order placement:
i. through the PayU service,
ii. by credit card,
payment on delivery, provided that this
option is only available for Purchases with Registration.
10. Devanlay
shall reserve the right to limit delivery methods and methods of payment in
relation to the Customer, who:
i. at least three times failed to
collect the subject of the order delivered through the GLS courier service,
payable on delivery, within 14 days from the date of delivery to the
appropriate post of the GLS courier service;
ii. has more than two orders waiting to
be picked up at the indicated post of the GLS courier service.
11. In the case
of both Purchases with Registration and Purchases without Registration, upon
conclusion of the Sales Agreement, Devanlay confirms to the Customer its terms
and conditions by sending them to the Customer's e-mail address indicated by
the Customer during Registration (Purchases with Registration) or placing an
order (Purchases without Registration).
12. At any stage
of placing an order, until payment is made, it is possible to cancel the order
by skipping the next steps and leaving the subpage used for placing orders. An
order that is not completed by the Customer shall not be processed. Data input
errors can be modified until payment is made.
13. The
Customer's order is also recorded and stored by the Devanlay system. The Sales
Agreement made through our service shall be considered as a written contract,
moreover, the Sales Agreement together with the related accounting documents
are kept for 5 years. Depend on the language of the website that order was
taken, the order will be saved in one of the languages available on website:
Hungarian or English.
14. Devanlay may
contact the Customer at the e-mail address or phone number indicated by the
Customer in order to clarify doubts, confirm the order or in other matters
related to the order processing.
Article 5 – Payments
1. Prices of
Goods available in the Online Shop are given in HUF and include VAT. Prices
shall not include information on additional costs (e.g. Delivery costs and
other) to be incurred by the Customer in relation to the Sales Agreement.
During selection of the Delivery method, the Customer shall be informed about
additional costs until the time of placing an order, subject to Article 6 sec.
14. The price of any Goods is binding at the time of placing an order by the
Customer.
2. In the case of
Purchases with Registration, the Customer shall make payment by selecting one
of the currently available payment options listed on the lacoste.hu website in
the "Methods of Payment" tab and visible during the order placement:
a. prior to
receipt of the Goods (payment in advance), via one of the electronic payment
systems accepted at the time by Devanlay.
The Customer is always informed on the
lacoste.hu website, which payment option is currently available.
3. In the case of
Purchases without Registration, the Customer may pay only prior to receipt of
the Goods - by bank transfer or credit card indicated each time by Devanlay on
the lacoste.hu website, via one of the electronic payment systems accepted by
Devanlay at that time. In this case, the order shall be processed after
receiving by Devanlay confirmation of the correct execution of payment by the
entity performing the payment.
4. Devanlay shall
accept the PayU payment system operated by PayU SA with its registered office
in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, a national payment
institution, supervised by the Financial Supervision Authority, entered in the
Register of Payment Services under the number IP1/2012, entered in the Register
of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda
in Poznań, 8th Commercial Division of the National Court Register under the KRS
number 0000274399, with a share capital in the amount of PLN 4,944,000, paid in
full, holding the tax identification number NIP: 779-23-08-495, REGON 300523444
(in this case, the order processing shall be commenced after sending by
Devanlay to the Customer a confirmation of acceptance of the order and after
Devanlay receives information from the PayU system about the payment made by
the Customer).
5. Devanlay
reserves the right to change prices of the Goods, to introduce and cancel
promotions, to introduce new Goods as well as to make changes in terms of the
assortment of Goods. All orders made before the date of introduction of the
above-mentioned changes shall be executed on the existing principles.
6. Promotions in
the Online Shop cannot be combined with each other, unless the provisions of
the promotion provide otherwise.
7. Only in the
case of Purchases with Registration, the Customer may use the discount code
received from the Online Shop or from any other entity that has purchased
discount codes entitling its customers to receive a discount from the Online
Shop. Discount codes have a validity period during which the Customer may take
advantage of the offered discount. A discount code cannot be combined with any
other discount code and other promotions, unless the regulations of a given
promotion state otherwise. After the expiry date of the discount code, it is
impossible to use the discount code.
Article 6 – Processing and Delivery
dates
1. Orders are
executed provided that payment is received by the Online Shop, subject to the
selection of the payment on delivery option. The Customer may use the following
Delivery options by selecting one of the currently available options, which are
given on the lacoste.hu website:
a. the address
given by the Customer in the registration form (Purchases with Registration)
or
b. the address
given when placing an order (Purchases without Registration).
The Customer shall be informed each time
about the options of delivery of Goods.
2. Goods may be
delivered only in the territory of Hungary.
3. Goods sold in
an online shop are those available.
4. In exceptional
situations, e.g. when many Customers place an order for the same Goods at the
same time, it may happen that the Goods are not available. In such a situation,
the Customer shall be informed about the lack of possibility to execute the
order and thus the Sales Agreement shall not be concluded. Devanlay shall
return to the Customer all payments received from the Customer, in accordance
with law regulations, in connection with a specific Sales Agreement which has
not been concluded.
5. In case of
lack of the particular Goods in the warehouse or impossibility to execute the
order for any other reason, the Customer shall be informed by e-mail or phone
about problems with order processing and possible solutions. If it turns out
that the order cannot be executed, the Sales Agreement shall not be concluded.
In such a situation, Devanlay shall return to the Customer all payments
received from the Customer, in accordance with law regulations, in connection
with a specific Sales Agreement which has not been concluded.
6. Goods subject
to the Sales Agreement shall be delivered without defects.
7. The order
processing shall commence at the moment indicated in Article 5 point 2 or 3
respectively.
8. When placing
an order, the Customer shall be informed by e-mail about the Working Days
needed for the Delivery and order processing.
9. Goods shall be
delivered within 1-4 Working Days from the Confirmation of Shipment.
10. Devanlay
shall be obliged to deliver through the Supplier the Goods ordered by the
Customer, according to the Customer's selection from currently available
options:
a. to the address
indicated in the registration form (Purchases with Registration) or
b. to the address
given when placing an order (Purchases without Registration).
The Customer shall be obliged to provide
a correct (current) and exact address to which the Goods are to be delivered,
as well as a phone number to contact for collection. If the Customer provides
an incorrect or inaccurate address, Devanlay shall, to the widest extent
permitted by law, not be liable for non-delivery or delay in delivery of the
Goods if, for the above reason, despite Devanlay and the courier company's due
diligence, it proves impossible to deliver the Goods or deliver them on time.
11. On the day of
shipment of the Goods, the Customer shall be informed about it by e-mail.
12. The Customer
shall be obliged to examine the delivered Goods in a timely manner and in a
manner accepted for such shipments in the presence of the Supplier's employee.
If a defect or damage to a shipment is found, the Customer shall be entitled to
demand that the Supplier's employee write a proper protocol.
13. Devanlay
shall attach a receipt to each shipment as proof of payment. At the Customer's
request and after providing the necessary data, Devanlay shall issue a VAT
invoice and attach it to the shipment, subject to Article 4 point 7 of these
Regulations. Devanlay shall not be liable for providing incorrect data of the
Customer.
14. The cost of
the Goods Delivery shall be borne by the Customer if the value of the order
does not exceed HUF 8,000.00 and it is added to the value of the Customer's
order. This cost is indicated to the Customer before the order is placed. On
the lacoste.hu website, information or promotions may appear from time to time
that the cost of delivery is regulated differently than in these Regulations
and in such a situation the Customer shall be bound by the current announcement
on the website.
15. In relation
to the order processing, a message is sent to the Customer's e-mail address
concerning the current progress of placing and processing the order (order
status). As part of this message, Devanlay may send information about the
uncompleted order and, after the order is completed, Devanlay sends the
Customer thanks for using the Devanlay’s offer.
Article 7 - Warranty
1. The Goods
shall be free from physical and legal defects, and Devanlay shall be liable to
the Customer if the Goods have a defect (warranty) for the period of 2 years
for the private consumers and 1 year for corporate customers.
2. If the Goods
have a defect, the Customer shall be entitled to:
a) make a
statement concerning price reduction or withdrawal from the Sales Agreement,
unless Devanlay immediately and without undue inconvenience to the Customer
replaces the defective Goods with a defect-free Goods or removes the defect.
This limitation shall not apply if the Goods have already been replaced or
repaired by Devanlay or Devanlay has not fulfilled the obligation to replace
the Goods with the defect-free Goods or remove the defects. The Customer may,
instead of the removal of a defect proposed by Devanlay, demand replacement of
the Goods with a defect-free Goods or demand removal of the defect instead of
replacement of the Goods, unless it is impossible to bring the Goods into
conformity with the agreement in the manner chosen by the Customer or would
require excessive costs compared to the manner proposed by Devanlay. While
assessing the excessive costs, the value of the defect-free Goods, the type and
significance of the defect found shall be taken into account, as well as the
inconvenience to which the Customer would be exposed by another manner of
satisfaction.
b) demand
replacement of the defective Goods with defect-free Goods or removal of the
defect. Devanlay shall be obliged to replace the defective Goods with the
defect-free Goods or remove the defect within a reasonable time without undue
inconvenience to the Customer. Devanlay may refuse to satisfy the request of
the Customer if it is impossible to bring the defective Goods into conformity
with the Sales Agreement in the manner selected by the Customer or in
comparison with the other possible manner of bringing the Goods into conformity
with the Sales Agreement would require excessive costs. The costs of repair or
replacement shall be borne by Devanlay.
3. The Customer,
who exercises the rights under the warranty, shall be obliged to deliver the
defective Goods to the Devanlay's address. In the case of a Customer being a
Consumer, the cost of delivery shall be covered by Devanlay.
4. Devanlay shall
be liable under the warranty if a physical defect is found within two years
from delivery of the Goods to the Customer. A claim for removal of a defect or
replacement of the Goods with defect-free Goods expires after one year, but
this period cannot end before the period specified in the first sentence.
Within this period, the Customer may withdraw from the Sales Agreement or make
a statement on price reduction due to a defect in the Goods. If the Customer
demanded replacement of the Goods with defect-free Goods or removal of defect,
the period for withdrawal from the Sales Agreement or making a statement on
price reduction commences at the moment of ineffective expiry of the period for
replacement of the Goods or removal of a defect.
The Customer is obliged to report the
defect immediately after its discovery, but not later than within two months
from the discovery of the defect. Customers may no longer exercise their
warranty rights beyond the two-year limitation period from the performance of
the Sales Agreement.
5. If the
purchased Goods have a defect, the Customer being a Consumer may lodge a
complaint pursuant to the Civil Code (Article 556 et seq. of the Act of 23
April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended). A
claim may be made under the warranty for defects. Consumers have the right to
free of charge repair or replacement, price reduction or return of the product
in case of their defects. These rights relate to defects that occurred within 2
years from the date of delivery of the Goods. It is not necessary to present a
receipt. Within the above-mentioned period, the Consumer may, instead of
removing the defect proposed by Devanlay, demand replacement of the item with a
defect-free item (if available) or, instead of replacing the item, demand
removal of the defect unless bringing the item into conformity with the Sales
Agreement in the manner chosen by the Consumer is impossible or would require
excessive costs in comparison with the manner proposed by Devanlay. While
assessing the excessive costs, the value of the defect-free Goods, the type and
significance of the defect found shall be taken into account, as well as the
inconvenience to which the Consumer would be exposed by another manner of
satisfaction. The complaint shall be considered by Devanlay within 14 days. In
order to lodge a complaint, the Consumer shall order a courier to collect the
package from it. The amount paid, in case of damage or defect of the Goods, if
it actually exists, shall be returned in full, including the cost of delivery
of the product and the cost of shipment of this product to Devanlay (if this is
the shipping method available on lacoste.hu website). We shall make the return
using the same method of payment that the Consumer has chosen while paying for
the product, unless the Consumer has expressly indicated another method of
refund and as far as technically possible, which shall not generate any
additional costs for the Consumer.
Article 8 – Complaint procedure
1. Complaints
regarding quality, quantity of the order, shipments, data protection, defects
with the goods of Customers order shall be submitted via e-mail to
info@lacoste.hu.
2. In case of a
complaint by mail, it is necessary to indicate the reasons for the complaint,
description of the problem and information necessary to identify the order and
send it back to the following address: Online Shop Devanlay Polska Sp. z o.o.
with its registered office in Warsaw (02-273 Warsaw), ul. Muszkieterów 15C
C1-C2.
3. In case of
lodging a complaint, the Customer shall send the defective Goods to
Devanlay.
4. Devanlay shall
be obliged to inform the Customer about its opinion regarding the complaint
about the Goods or performance of the Sales Agreement within 14 days from the
date of receiving the Customer's complaint.
Article 9 – Right of withdrawal
A. Statutory
right of withdrawal
1. The Customer
being a Consumer shall have the right, without giving any reason, to withdraw
from the Sales Agreement within 30 days from the date on which it came into
physical possession of the Goods or a third party, other than the courier and
indicated by it, came into physical possession of the Goods.
2. Withdrawal
from the Sales Agreement means that the Sales Agreement is considered as if it
had never been concluded.
3. If the
Customer being a Consumer makes a statement on withdrawal from the Sales
Agreement before the Devanlay's acceptance of the Customer's offer, the offer
is no longer binding.
4. In order to
exercise the right of withdrawal from the agreement, the Customer must inform
Devanlay about its decision to withdraw from the Sales Agreement by an
unequivocal statement (for example, a letter sent by mail or e-mail). Devanlay
shall not provide for the possibility to exercise the right of withdrawal from
the agreement by delivering the Goods or statement to the Devanlay Store.
5. The Customer
may fill in and send online the form of withdrawal from the Sales Agreement,
which is available at the address: […] need to be provided after site
development or with each order sent to the customer. If the Customer uses this
option, a confirmation of receipt of information about withdrawal from the
Sales Agreement shall be immediately sent to the Customer by e-mail. The
Customer may also send any other unequivocal statement by e-mail.
6. In order to
keep the deadline for withdrawal from the agreement, it is sufficient for the
Customer to send information concerning the exercise of the Customer's right of
withdrawal from the agreement before the expiry of the deadline for withdrawal
from the agreement.
7. The Goods shall be
sent back in the same packaging in which it was received to the following
address: Online Shop Devanlay Polska Sp. z o.o. with its return office in
Warsaw (02-273 Warsaw), ul. Muszkieterów 15C hall C1-C2.
8. Devanlay shall be obliged to
immediately, but no later than within 14 days from the date of receipt of the
statement of withdrawal from the Sales Agreement, return to the Customer being
the Consumer all payments made by it, including costs of the Goods Delivery to
the Customer, subject to sec. 8 above. Devanlay may withhold reimbursement of
amounts paid by the Customer being a Consumer until the time of receipt of
return of the Goods or delivery by the Customer being a Consumer of proof of
sending the Goods, depending on which event occurs earlier.
9. The Customer
being a Consumer shall return the Goods to Devanlay immediately, but no later
than within 14 days from the date of making the statement on withdrawal from
the Sales Agreement. To meet the deadline, it is sufficient to send the Goods
to the address of Devanlay before the expiry of this deadline.
10. The Customer
shall be liable for any reduction in the value of the Goods resulting from the
use of the Goods beyond what is necessary to determine the nature,
characteristics and functioning of the Goods.
11. Devanlay
shall return the payment using the same method as that used by the Customer
being a Consumer in the original transaction, unless the Customer has expressly
agreed to another method of return that does not involve any costs to the
Customer. In no case shall Devanlay bear any costs for the return, provided
that in such case Devanlay shall not be obliged to cover the bank charges paid
by the Customer being a Consumer when making the initial payment. In case of
payment on delivery, Devanlay shall make a refund to the account indicated by
the Customer. If the bank account of the Customer being a Consumer is
maintained in a specific currency and the payment and return are made in
another currency, Devanlay shall not be liable for any losses incurred in
connection with a currency conversion operation performed by the bank of the
Customer being a Consumer with respect to the amount returned.
12. The right of
withdrawal from the Sales Agreement shall not apply to the Customer being a
Consumer with respect to agreements in which the Goods are delivered in sealed
packaging, which cannot be returned after opening the packaging for health
protection or hygienic reasons, if the packaging was opened after Delivery.
B. Contractual
right of withdrawal - Returns
1. Apart from the
Consumer's right to withdraw from the Sales Agreement described in point A
above, the Customer (regardless of whether it is a Consumer or not) shall have
the right to withdraw from the Agreement within 14 days from the e-mail
Confirmation of order by Devanlay. For this purpose, a form of withdrawal from
the Sales Agreement must be completed and sent online, it is attached in paper
form to each order. Return of the Goods together with the completed form in the
paper form is done by the Customer:
a. through
courier to the address Online Shop Devanlay Polska Sp. z o.o. with its
registered office in Warsaw (02-273 Warsaw), ul. Muszkieterów 15C hall C1-C2;
2. The
contractual right of withdrawal from the Sales Agreement shall apply only to
Goods which are returned in the same undamaged condition. Devanlay shall
reserve the right to refuse to accept the return of products sent or transferred
after the deadline for return of Goods which are not in the same condition in
which they were received. No refund shall be made in such a situation.
3. In case of
contractual withdrawal from this Sales Agreement, Devanlay shall return to the
Customer all payments received from it, using the same method of payment chosen
when paying for the Goods, unless it has expressly agreed to another method of
refund, which shall not generate any additional costs for the Customer.
Article 10 – Free of chargé electronic services
1. Devanlay shall
provide the following free of charge electronic services 24 hours a day, 7 days
a week:
a. Newsletter;
b. Customer’s
Account indicated in Article 3 of the Regulations;
c. Contact Form,
d. Push.
2. Devanlay shall
reserve the right to choose and change the form, type, method and time of
access to selected services. The Customer shall be informed in a manner
appropriate to the change of the Regulations.
3. Thanks to the
Newsletter service, the Customer shall receive, via e-mail or text message,
information about new services or products offered by Devanlay. The Newsletter
shall be sent by Devanlay to those Customers who have a subscription.
4. In order to
activate the Newsletter service during the Registration, the Customer shall
check the appropriate field in the registration form in order to subscribe to
the Newsletter service.
The Newsletter service may also be
activated if the Customer enters its e-mail address using the application form
available on the Online Shop website (link
https://www.lacoste.hu/newsletter-form). After sending the completed
application form, the Customer shall receive a confirmation from Devanlay in
the form of an e-mail to the address given in the form.
At this moment, the agreement for
provision of the Newsletter service by electronic means is concluded
5. The Newsletter
subscription is voluntary and free of charge. The Newsletter service shall be
provided for an indefinite period. The Customer may resign from the Newsletter
service at any time. In order to unsubscribe, the Customer may, at its own
discretion, click on the link provided in the e-mail sent as part of the
Newsletter service or by activating the appropriate field in the Customer's
Account.
6. The Newsletter
shall contain in particular: information about the sender, a completed
"subject" field specifying the content of the package and information
about the possibility and method of resigning from the free Newsletter
service.
7. The Contact
Form service gives the Customer the opportunity to send messages to Devanlay
through the form available on the Online Shop website.
8. The Customer
shall have the right to unsubscribe from the Contact Form service at any time
by sending a message to Devanlay.
9. Devanlay may
present information and the Devanlay offers (Push) to users of the lacoste.hu
website on the basis of their interests. These individual proposals of Goods
shall be sent regardless of whether the Customer has registered for the
Newsletter or not. In order to select individual proposals of Goods, Devanlay
uses mainly current purchase data and data concerning interests, on the basis
of which the Customer's interests have been determined by particular Goods,
taking into account the interests and preferences given by it and its profile
data. If the Customer refuses to receive individual offers of Goods from us,
the Customer may deactivate this service at any time:
a. In case the
Customer refuses to receive individual product proposals from Devanlay by
e-mail, it may at any time resign from this service in any form, e.g. by
e-mail, without incurring costs in addition to the costs of providing
information according to basic tariffs (e.g. Internet connection costs, postal
charges). Of course, a cancellation link is provided in every e-mail.
b. In case the
Customer refuses to receive individual proposals of Goods from Devanlay using
the Push service, it may at any time write to Devanlay to the address Devanlay
Polska sp. z o.o., ul. Złota 59, 00-120 Warsaw or info@lacoste.hu with a
request to deactivate this function, which shall be done without undue delay.
10. In case when
the Customer acts to the detriment of Devanlay or other Customers, violation by
the Customer of law regulations or provisions of the Regulations, Devanlay
shall have the right to block access to all free electronic services described
above. The blocking of free services for the reasons mentioned above lasts for
the period necessary to resolve the issue which is the basis for blocking
access. Devanlay shall notify the Customer about the blocking of free services
by the e-mail provided by the Customer in the registration form.
Article 11 – The Customer’s
responsibility
1. Content posted
by the Customer shall not express the views of Devanlay and shall not be
identified with its business. When posting content, Devanlay shall be
understood only as an entity providing appropriate ICT resources. Devanlay
shall not be identified with the content provider.
2. The Customer
shall declare that:
a. is entitled to
use copyright, intellectual property rights and/or related rights to -
respectively - works, objects of industrial property rights (e.g. trademarks)
and/or objects of related rights that constitute the content of the
Customer;
b. personal data,
image and information concerning third parties have been made available within
the scope of the services referred to in Article 10 lawfully, voluntarily and
with the consent of the persons concerned;
c. it agrees to
access the content made available by another Customer and Devanlay and
authorises Devanlay to use it free of charge in accordance with these
Regulations;
d. it agrees to
make derivative works within the meaning of the Act on Copyright and Related
Rights.
3. In relation to
electronic services described in Article 10, the Customer shall not be
authorised to publish:
a. personal data
of third parties and to transfer photos of third parties without their prior
legal consent
b. advertisements
and/or promotional content.
4. Devanlay does
not control the content posted on an ongoing basis.
5. In case the
Customer, other person or entity considers that the content published in the
Online Shop violates their rights, personal rights, good practices, feelings,
morals, beliefs, principles of fair competition, know-how, secrets protected by
law or obligations, it shall notify Devanlay about the alleged violation. Upon
receipt of the notification, Devanlay shall take action to remove the violating
content from the Online Shop.
6. Devanlay shall
be responsible for the content provided by the Customer only if Devanlay has
been notified of a potential violation of rights as described above.
7. During the use
of electronic services referred to in Article 10, the Customer shall not make
available content that could in particular:
a. be offensive
or threatening to others, contain vocabulary that violates good mores (e.g., by
using vulgarisms or terms commonly considered offensive);
b. violate any
rights of third parties, including rights related to the protection of
copyright and related rights, protection of industrial property rights,
business secrets or related to confidentiality obligations;
c. be posted in
bad faith;
d. be contrary to
the interests of Devanlay;
e. otherwise
violate the provisions of these Regulations, good mores, applicable law
regulations, social or moral standards.
8. If Devanlay
receives notification that content violates personal rights, good practices,
feelings, morals, beliefs, principles of fair competition, know-how, legal
secrets or obligations, Devanlay shall reserve the right to modify or delete
content posted by the Customers as part of their use of the electronic services
described in Article 10.
9. The Customer
shall authorise Devanlay to use free of charge the content posted by the
Customer on the Online Shop website.
Article 12 – Final provisions
1. Devanlay shall
be liable for non-performance or improper performance of the Sales Agreement or
the agreement for the provision of electronic services referred to in Article
10, however, in the case of agreements concluded with Customers who are
entrepreneurs, i.e. natural persons, legal persons or organisational units
which are not legal persons to whom the Act grants legal capacity, conducting
business or professional activities on their own behalf, Devanlay shall be
liable only in the case of intentional damage and within the limits of actual
losses incurred by the Customer being an entrepreneur.
2. The content of
the Regulations may be recorded by printing, saving on a medium or downloading
at any time from the Online Shop.
3. In case of a
dispute arising in relation to the concluded Sales Agreement or agreement for
the provision of electronic services referred to in Article 10, the parties
shall seek to resolve the dispute amicably. The Hungarian law shall be
applicable to settle all disputes arising under these Regulations.
4. Devanlay shall
reserve the right to amend these Regulations. The Customer shall be informed
about any changes by receiving an appropriate message at www.lacoste.hu. The
Customers who have created the Customer's Account shall be informed about the
change of the Regulations and about the possibility of accepting it during the
first login to the Online Shop, starting from the date the new Regulations come
into force. Lack of acceptance of the Regulations is tantamount to termination
of the agreement for the provision of services by electronic means.
5. The Sales
Agreement and the agreements for the provision of electronic services referred
to in Article 10 shall be concluded in the English or Hungarian language.
6. In the event
of a consumer dispute, the Customer qualifying as a Consumer may also initiate
the proceedings of a conciliation body operating alongside the county (capital)
chambers of commerce and industry. Contact details of conciliation bodies can
be found at https://www.bekeltetes.hu/index.php?id=testuletek, contact details
of the Budapest Conciliation Board operated by the Budapest Chamber of Commerce
and Industry: Address: 1016 Budapest, Krisztina krt. 99., Phone: 06-1-488-2131,
E-mail: bekelteto.testulet@bkik.hu, Web : bekeltet.bkik.hu.
7. The Privacy
Policy is an integral part of these Regulations.
8. The
Regulations shall enter into force 22.02.2024.