Regulations

REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES AND PURCHASE BY MAIL

§ 1

[general provisions]

1. These Regulations set out the general conditions for using the ilusi.eu website and the conditions for concluding the contracts referred to in the Regulations.

2. Whenever the following capitalized terms are used in the remainder of the Regulations, they should be understood in the following sense, unless the context of their use clearly indicates otherwise:

§ 2

[general rules for using the store]

1. Acceptance of the Regulations is voluntary, but necessary to conclude a Sales Agreement.

2. The customer has the option of changing and correcting the data provided in the contact form at any time by e-mail contact with the Seller at: hello@ilusi.eu.

3. The Seller makes every effort to present the Goods, their specifications, properties and colors as faithfully as possible. The way the color is displayed depends on the operating system and hardware used. The Seller does not guarantee that the monitor or mobile device of the person using the Online Store reproduces colors faithfully.

4. In order to properly use the Store, it is required to have a device with Internet access, an e-mail account and to have Internet Explorer 10 or higher, Chrome 35 or higher, Firefox 35 or higher, Opera 33 or higher or Safari version 8 or higher. Your browser should have JavaScript and cookies enabled.

5. The Sale Agreement is concluded via means of distance communication, i.e. the Internet.

6. In order to ensure data security in the Store, the Seller will take appropriate measures to prevent the unauthorized acquisition and modification of data sent via the Internet.

7. The Customer is obliged to use the Store in a manner consistent with the Regulations, applicable law in the territory of the Republic of Poland and decency. In particular, it may not provide unlawful content or infringes any rights of the Seller or third parties.

§ 3

[customer service office]

1. The Customer Service Office (BOK) provides customers with information regarding the activities of the Store on business days from 9:00 to 16:00 at the phone number 506-113-594 and at the email address: hello@ilusi.eu.

2. The fee for the Consumer for a telephone connection with BOK at the given number is equal to the fee for an ordinary telephone connection in accordance with the tariff package of the service provider used by the Consumer.

§ 4

[services provided electronically]

1. The Seller provides electronically the following services:

• enabling the submission of an Inquiry;
• Available orders and conclusion of Sale Agreements; conclusion of the Contract for the Sale of Goods other than Odor requires prior use of the “Get a price” form.

2. The service referred to in paragraph 1 point 1 is provided once and ends when the Customer submits an Inquiry (clicking the “Send” button under the “Get a price” form). Before sending the Inquiry, the Customer has the right to cancel at any time.

3. The service referred to in paragraph 1 point 2 is provided once and ends when the Customer places the Order, i.e. confirmation that he wants to purchase the Goods at the Price previously indicated by the Seller. Before placing an Order, the Customer has the right to cancel at any time.

4. Placing an Order requires the actions referred to in § 5 of the Regulations.

5. The customer has the right to lodge a complaint regarding electronically supplied services referred to in this paragraph. The complaint may be submitted in particular via e-mail to the following address: hello@ilusi.eu or in writing to the following address: KOZ. Katarzyna Kozłowska ‘ILUSI’ with headquarters at ul. Henryka Sienkiewicza 10 / 12a lok. 6, Kielce 25-333.

6. The seller will consider the complaint and respond to it no later than within 14 days of its receipt.

7. The customer is obliged in particular to:

• provide in the Order and in the forms (including the “Get a Price” Form) the real, current and all necessary customer data;
• timely payment of the Price and other costs determined by the Customer and the Seller in the case of a Sales Agreement, if it is necessary for its proper performance.

8. The customer is also obliged not to take actions such as:

• sending unsolicited commercial information or posting any Content that violates the law (no illegal content);
• undertaking IT activities or any other activities aimed at obtaining possession of information not intended for the Customer, including data of other Customers;
• unauthorized modification of the Content provided by the Seller.

§ 5

[Orders in the Online Store]

1. In the case of Goods other than Fragrance, the information provided on the Website constitutes an invitation to conclude a Contract within the meaning of art. 71 of the Civil Code, directed by the Seller to the Customers.

2. The Customer may view the Goods available in the Store, and then order them after performing the activities described below.

3. Technical activities describing the online ordering process can be found at: www.ilusi.eu/en/order-on-line/.

4. The seller allows customers to order goods available in the store. Specification of the Goods and their descriptions are available on the Store’s website.

5. In order to conclude a Sales Agreement, the Customer must place an Order.

6. Before placing an Order for Goods other than Fragrance, the Customer must submit an Inquiry. An Inquiry is made by:

• clicking the “Get a price” button next to a given Good and
• filling out the “Get a price” field and clicking “Send”.

7. After receiving the Inquiry, the Seller will respond to them and indicate to the Customer who submitted the inquiry: The price of the Good to which the Inquiry concerned, the planned date of completion and possibly other important elements of the Sales Agreement. The Seller’s response to the Customer’s inquiry will constitute an offer to conclude a Sales Agreement. This offer is valid for two weeks from the date of its submission. If the submission of the offer by the Seller is not possible, the Seller will inform the Customer.

8. After receiving the offer referred to above, the Customer may not accept it or may accept it and conclude a Sales Agreement (place an Order).

9. Acceptance of the offer (placing an Order) requires the Customer to send confirmation that he accepts the offer to the following address: hello@ilusi.eu.

10. The Contract for the Sale of Goods other than Smell is concluded when the Customer sends a statement of acceptance of the offer (placing an Order).

11. The seller allows customers to order fragrances without having to use the “Get a price” form.

12. In order to conclude the Sales Agreement regarding the Fragrance, the Customer must place an Order. Placing an Order requires:

• choose Scent by adding it to the electronic basket by clicking the appropriate buttons;
• complete the active fields of the Order Form and provide the data specified therein;
• choosing the delivery and payment method from the options available in the Order Form;
• by checking the appropriate box under the Order Form, through which the Customer declares that he has read the Regulations and accepts its provisions;
• confirmation of the Order, which is made by clicking on the marked button.

13. By clicking the marked button, the Customer submits an Order with the obligation to pay the Fragrance Price along with the delivery costs.

14. The Fragrance Sale Agreement is concluded when you click the corresponding button.

§ 6

[Phone or email orders]

1. The Sales Agreement may also be concluded by placing an Order by phone (under number 506 113 594) or by placing an Order by email (to hello@ilusi.eu).

2. In the case of Orders placed by phone or e-mail, the Parties will determine the details such as: Goods to be covered by the Order, Price, shipping costs, payment deadline, deadline for completion.

3. After determining the details referred to above, the Customer receives by email a confirmation of the total costs of implementing the Sales Agreement along with instructions on how to proceed with the payment for selected Goods and the attached Regulations.

4. The Customer placing an Order by phone or email is required to confirm that he has read and accepted the Regulations.

§ 7

[implementation of Sales Agreements]

1. Placing an Order by the Customer entails the obligation to pay the Price and the agreed delivery costs.

2. Payment deadline for ordered Goods is 3 days from the day the Customer sends the Order. No payment within the period specified in the sentence the first is the condition terminating the Sales Agreement.

3. The Seller will proceed with the Sale Agreement after posting on his bank account the Prices for the Goods to which the Sale Agreement applies, plus the agreed shipping costs.

4. Consolidation, security, disclosure and confirmation to the Customer of the content of the concluded Sales Agreement is done by sending the Customer an e-mail containing confirmation of the conclusion of the distance contract within the meaning of art. 21 of the Act on consumer rights.

5. The Seller is obliged to perform the Sales Agreement within a specified time indicated to the Customer. The average waiting time for Goods other than Smell is approx. 8 weeks from the moment of posting on the Seller’s bank account Prices for the Goods to which the Sales Agreement relates, plus shipping costs, if applicable.

§ 8

[rules for making payments]

1. Payments can be made via a traditional transfer. Transfer details: ILUSI ul. Henryka Sienkiewicza 10 / 12A, 25-333 Kielce, Poland Account number: PL 96 1050 1416 1000 0092 2671 3544.

2. In the transfer title, the Customer is obliged to enter the individual order number and item number received from the Seller.

3. The seller may provide electronic payments – a payment system operated by PayU.pl.

4. In this case, payment processing is carried out by PayU Spółka Akcyjna with its registered office in Poznań at ul. Grunwaldzka 186, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000274399, NIP number 7792308495, REGON 300523444, share capital PLN 4,944,000, paid-up capital PLN 4,944,000, which is a payment service provider within the meaning of the Act of 19 August 2011 on payment services.

5. Details and terms of payment via PayU.pl are available on the website www.payu.pl.

6. Payments are always carried out outside the Online Store.

§ 9

[delivery of products]

1. Goods ordered in the Store are delivered only to customers from Poland and other countries, provided that the Seller confirms the possibility of delivery of the Goods to the indicated country.

2. The goods are securely packed and sent to the Customer via a courier company selected by the Seller.

3. Goods (applies to Goods being furniture) are sent to the Customer in its entirety (folded), with the exception of furniture legs (legs) that require screwing. Along with the Good (furniture), assembly instructions are provided. The customer, screwing the furniture legs (legs) should follow the instructions of the manual.

4. Shipments over 50 kg are sent on pallets.

5. The delivery price is calculated individually depending on the place of delivery, quantity, weight and size of ordered goods.

6. The parcel with ordered Goods is delivered to the address provided by the Customer in an e-mail message. The pallets are delivered and left on the nearest available hard surface for the client, which manages to contain the pallet without the risk of obstructing the movement of others.

7. Courier employees do not provide furniture bringing service.

8. Changing the delivery address after the Customer has placed an Order can be made at the Customer’s request to the Customer Service Office (by phone or email) until the Customer receives information about the readiness of the Goods for shipment. After this time it is not possible to change the delivery address.

9. The total waiting time for the Customer to receive a given Good (delivery time) consists of the time of making the Good, time of preparing the Good for shipment and the time of delivery of the Good by the carrier.

10. Information on the amount of delivery costs is determined individually with the Seller based on the confirmed place of delivery, quantity, weight and size of the ordered Goods.

11. Verification by the customer in the presence of the courier of the condition of the shipment containing the Goods and in the event of damage or breach of packaging – preparation of a damage report, can facilitate and accelerate the consideration of any complaint.

§ 10

[withdrawal from the contract]

1. The right to withdraw from the Sales Agreement referred to below is only available to Consumers.

2. Pursuant to the provisions, the Consumer may withdraw from the Contract within 14 days. To meet the deadline, it is enough to send a statement before its expiry to the Seller’s address or to the Seller’s e-mail address provided in the Regulations.

3. The period for withdrawing from the Contract begins from the date of taking possession of the Good by the Consumer or a third party indicated by him other than the supplier of the Good.

4. A statement of withdrawal may be submitted on the form, a specimen of which is attached to the Regulations. The use of the form by the consumer is not mandatory.

5. In the event of withdrawal by the Consumer from the Sales Agreement, the Agreement is considered void.

6. The Seller shall immediately (no later than within fourteen days) from the date of receipt of the Consumer’s statement on withdrawal from the Sales Agreement, reimburse the Consumer all payments made by him, including the costs of delivery of the Product. If the Consumer has chosen a method of delivery of the Product other than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

7. The payment will be refunded using the same method of payment as used by the Consumer, unless he expressly agreed to a different method of return which does not entail any costs for him.

8. A consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect immediately, but not later than fourteen days from the day on which he withdrawn from the Sales Agreement, unless the Seller has offered to collect the item himself. To meet the deadline, it is sufficient to return the Goods before its expiry.

9. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Good or delivery by the Consumer who has withdrawn from the Sales Agreement of proof of sending the Good, depending on which event occurs first.

10. The consumer who withdraws from the Sales Agreement bears the direct cost of returning the item.

11. A consumer who has withdrawn from the Sales Agreement is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

12. In accordance with art. 38 points 3 of the Act on Consumer Rights, the consumer is not entitled to withdraw from a contract concluded off-premises or at a distance in relation to contracts: in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.

13. In the event that the Seller were to provide the Consumer with Goods that are not prefabricated, manufactured according to the specifications of the Consumer or used to satisfy his individual needs, the Seller will provide the Consumer with relevant information before concluding the Sales Agreement and instruct him about the lack of right to withdraw from the Sales Agreement due to the content of art. 38 point 3 of the Consumer Rights Act.

§ 11

[complaints]

1. The Seller undertakes to deliver the Good without physical and legal defects. Therefore, the Seller is liable to Consumers for defects of goods under the Civil Code.

2. In relation to customers who are not consumers, the Seller’s liability under the warranty is excluded.

3. If the Good delivered to the Consumer has a defect, the Consumer is entitled to make a complaint. The complaint should contain data enabling the Seller to identify the Consumer and the subject of the transaction (such as e.g. name and surname, date of purchase). In the absence of relevant data, the Seller may ask the Consumer to complete them.

4. The complaint may be submitted by the Consumer, in particular to BOK in writing or to the e-mail address of the Seller. A model complaint is attached to these Regulations.

5. The seller is obliged to respond to the complaint within fourteen days of its receipt. After considering the complaint, the Seller informs the Consumer whether he considers his request justified.

6. If the consideration of a complaint by the Seller or the exercise by the Consumer of the rights arising from the warranty for defects requires delivery of the Goods to the Seller, the Consumer should, after contacting the Seller, deliver the Goods to the address indicated by the Seller, and the Goods may not be delivered to the Seller by parcel downloading. Goods should be delivered in a way that avoids damage in transit. The consumer should provide the defective product in a complete condition.

§ 12

[warranty]

1. Goods (furniture) offered in the Store are covered by the Seller’s warranty as a producer if they were purchased by Consumers.

2. The warranty period is 24 months.

3. Details of the warranty are specified in the warranty document attached to the Good (furniture).

§ 13

[dane osobowe]

1. In order to ensure the Store’s operations, the Seller processes customer’s personal data. Customers’ personal data are processed by the Seller as a data administrator.

2. The processing of personal data of Store customers takes place in accordance with the provisions of generally applicable law, and in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 (“GDPR”).

3. The administrator through the Store can collect and then process personal data for purposes such as:

• conclusion and implementation of the contract referred to in the Regulations of the Store – pursuant to art. 6 clause 1 lit. b GDPR;
• contacting the data subject if he has filled out the contact form or used one of the plugins on the Online Store, which is the Administrator’s legitimate interest – pursuant to art. 6 clause 1 lit. f GDPR;
• conducting direct marketing of the Administrator’s services, in particular sending a newsletter, which is the legitimate interest of the Administrator – pursuant to art. 6 clause 1 lit. f GDPR;
• statistics and analysis of Users’ behavior on the Online Store, which is the Administrator’s legitimate interest – pursuant to art. 6 clause 1 lit. f GDPR.

4. The administrator may provide personal data to its subcontractors (entities that use the services for processing) such as:

• providers of IT services and tools;
• entities providing marketing services.

5. The administrator may provide personal data also to entities involved in the performance of the contract referred to in the Regulations (e.g. couriers delivering products, entities cooperating in the organization of events and entities servicing electronic payments).

6. The Administrator does not transfer personal data outside the European Economic Area, except for sharing data with the Administrator’s subcontractors (entities that process data on his behalf), who provide IT services to the Administrator, such as Google LLC. The administrator uses only entities belonging to the EU-U.S. Program. Privacy Shield, which ensure compliance of their activities with the GDPR or which are based in countries for which the European Commission has decided that this country provides an adequate level of protection.

7. Personal data processed for the purpose of:

• the conclusion and implementation of the contract referred to in the website’s regulations are processed for the period necessary for the limitation of claims that may result from this contract;
• contacts with the User are processed for a period of 3 years from the date of their collection;
• conducting direct marketing of the Administrator’s services – they are processed until objection to their processing for this purpose, withdrawal of consent (for receiving commercial information) or until the Administrator decides to remove them;
• statistics and analysis of Users’ behavior on the Online Store – they are processed for a period of 3 years from the date of their collection.

8. The data subject has the following rights:

• the right to access your personal data and the right to receive a copy thereof;
• the right to rectify personal data;
• the right to delete personal data;
• the right to request the restriction of the processing of personal data;
• the right to transfer personal data;
• the right to object to the processing of personal data;
• the right to lodge a complaint with a supervisory authority.

9. In the event that the processing of data is based on consent, the data subject also has the right to withdraw consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

10. In order to exercise the above rights, data subjects may contact the Administrator.

§ 14

[out-of-court complaint consideration and redress]

1. The ODR platform is available on the website http://ec.europa.eu/consumers/odr, created on the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 2013 on the online system of settling consumer disputes and amendments Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes). The ODR platform is an access point for consumers and entrepreneurs enabling them out-of-court settlement of disputes covered by the abovementioned Regulation.

2. In the event of a dispute between a Consumer and a Seller regarding a complaint filed by a Consumer, the Consumer has the right to use extrajudicial means of dealing with complaints and redress. In particular, the consumer has the right to submit a request to initiate mediation or a request for consideration of a case before an arbitral tribunal or to use the assistance of a poviat (municipal) consumer ombudsman.

3. Detailed information on the possibility for the Consumer to use out-of-court dispute resolution and redress as well as the rules on access to these procedures are available on the website www.uokik.gov.pl.

4. The Seller declares that he does not use amicable dispute resolution methods.

§ 15

[changes to the Regulations]

1. The Regulations enter into force on February 5, 2020 and are available on the Website and at the headquarters of the Seller.

2. The Seller is entitled to amend these Regulations for reasons such as a change in the law, a change in the data provided in the forms or a change in the functionality of the Store, a change in the way services are provided electronically, the need to adapt the activities of the Seller to orders, judgments, orders or decisions of competent authorities or courts.

3. The amendment to the Regulations comes into force on the date indicated by the Seller – which will not be less than 7 days each time from the date of making the new Regulations available on the Store’s website.

4. Amendments to the Regulations do not affect the rights and obligations of the parties arising before such a change, in particular in the case of Agreements concluded through the Store, the amendment to the Regulations does not apply to orders placed before the entry into force of the amended Regulations.

§ 16

[final provisions]

1. The law applicable to the conclusion of the agreements referred to in the regulations is the law of the Republic of Poland, and the courts are common courts in the Republic of Poland, unless otherwise stipulated by mandatory provisions of law. Any disputes between the Seller and the Customer who are not also a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

2. The choice of Polish law on the basis of the Regulations does not deprive the consumer of the protection granted to him on the basis of provisions that cannot be excluded by contract between the Seller and the Consumer, under a law that would be appropriate in the absence of choice.

3. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code, and in the case of Consumers also the provisions of the Act of 30 April 2014 on consumer rights.

4. Attachments to the Regulations are: (i) model withdrawal from the contract, (ii) complaint model.

Attachments: