Terms and Conditions

§1 GENERAL PROVISIONS

  1. These Online Shop Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set out the rules for using the Online Shop, including, amongst other things, the placing and fulfilment of Orders, the use of the Customer Account, the complaints procedure, and rights relating to withdrawal from the Sales Contract.
  2. The Terms and Conditions are made available to the Customer at the Online Shop’s Terms and Conditions page free of charge, prior to the conclusion of the Sales Contract, in a manner enabling the Customer to access, reproduce and store the content of the Terms and Conditions using the IT System they use.
  3. The Customer is obliged to comply with all provisions of the Terms and Conditions. Sales are conducted on the basis of the current version of these Terms and Conditions, i.e. the version that is in force and accepted by the Customer at the time of placing the Order.
  4. The conclusion of a contract for the provision of the Customer Account services specified in these Terms and Conditions via electronic means is subject to registration on the Online Shop, and to the Customer having read and accepted the content of these Terms and Conditions.
  5. By concluding the contract for the provision of Customer Account services by electronic means, the Seller undertakes to provide the Customer with continuous access to the Customer Account and the full use of the Online Shop on the basis of, within the scope of, and in accordance with the terms set out in these Terms and Conditions.

§2 DEFINITIONS

  1. Whenever these Terms and Conditions refer to:
    1. “Seller” – this shall be understood to mean PHU LUMAR LUCYNA SZCZĘCH, address: Składowa 1 (access from Ceramiczna Street), 34-400 Nowy Targ, Tax Identification Number (NIP): 7352171307, National Business Registry Number (REGON): 492900797, email biuro@kominki-lumar.com – which operates the Online Shop and sells Goods through it;
    2. “Customer” – this shall be understood to mean a natural person with full legal capacity, and, in cases provided for by generally applicable law, a natural person with limited legal capacity, as well as a legal person or an organisational unit without legal personality to which the law grants legal capacity – using the Online Shop, including via a Customer Account created for them by the Seller;
    3. “Consumer” – this shall be understood to mean a Customer who is a natural person using the Online Store, in particular making purchases, to the extent not directly related to the Customer’s business or professional activity;
    4. “Parties” – this shall be understood to mean the Seller and the Customer collectively;
    5. “Sales Contract” – this refers to a distance contract whose subject matter is the sale by the Seller of Goods to the Customer in accordance with the rules set out in the Terms and Conditions.
    6. “Online Shop” – this refers to the kominki-lumar.com online platform administered by the Seller, accessible online via the kominki-lumar.com website, through which the Customer may purchase Goods;
    7. “IT System” – this shall be understood to mean a set of interconnected IT devices and software ensuring the processing and storage, as well as the sending and receiving of data via telecommunications networks using terminal equipment appropriate for the given type of telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended);
    8. “Goods” – this shall be understood to mean a movable item presented by the Seller in the Online Shop, which may be the subject of a Sales Contract. Photographs of the Goods are for illustrative purposes only; this means that the Goods in the photographs may differ slightly from their actual appearance due to the Customer’s individual computer settings (e.g. colour saturation, proportions)
    9. “Customer Account” – this refers to an individual account created for the Customer as part of the Seller’s provision of electronic services, through which the Customer accesses the Online Shop and is able, amongst other things, to place Orders in a simplified manner;
    10. “Email Address” – this refers to the designation within the ICT System enabling communication via electronic means, in particular email;
    11. “Price” – this refers to the gross value of the Goods expressed in PLN, including value added tax. The Price does not include delivery costs, which depend on the method of delivery of the Goods to the Customer, as well as on the value and size of the Order, and are specified when the Customer selects the delivery method for the Goods. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is shown in the basket before the Customer places the Order;
    12. “Personal Data” – this shall be understood to mean information relating to an identified or identifiable natural person;
    13. “Data Controller” – this refers to the Seller, who, acting in this capacity alone or jointly with others, determines the purposes and means of processing Personal Data;
    14. “Terms and Conditions” – this refers to this document;
    15. “GDPR” – this refers to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 2016.119.1 of 4 May 2016);
    16. “Order” shall be understood as a declaration of intent by the Customer made via the Online Shop specifying: the type and quantity of Goods ordered; the delivery method; the payment method and amount; the place of delivery; and the Customer’s details, constituting an offer to conclude a Contract of Sale between the Customer and the Seller.

§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE

  1. The Online Shop is operated by the Seller.
  2. The Online Shop is not intended for wholesale sales. If the Customer wishes to purchase Goods in wholesale quantities, they should contact the Seller by email, sending an enquiry to the Seller’s email address: biuro@kominki-lumar.com. If the content of an Order placed via the Online Shop indicates that the order is of a wholesale nature, the Seller has the right to refuse to fulfil such an Order, informing the Customer of this via an appropriate message on the Online Shop or by contacting the Customer in this regard.
  3. Information about the Goods posted on the Online Shop’s pages does not constitute an offer within the meaning of the Civil Code, but an invitation to make an offer within the meaning of Article 71 of the Civil Code.
  4. Information about the Goods posted on the Online Shop does not imply that the Goods are actually available from the Seller and that an Order for them can be fulfilled.
  5. Goods presented in the Online Shop may be covered by a manufacturer’s, importer’s or Seller’s warranty, the scope of which covers the territory of Poland. The duration of the warranty for each Good is specified in its description. The detailed terms and conditions of the warranty are set out in the warranty certificate issued by the guarantor.
  6. The Seller reserves the right to change the Prices of Goods presented in the Online Shop, to introduce new Goods to the range, to remove Goods from the range or to change their description, and to run promotional campaigns in the Online Shop, in particular in accordance with the terms and conditions of a given promotion. Any changes made do not affect the validity or fulfilment of Orders previously placed by the Customer.
  7. The Seller ensures the availability of the Online Shop to the Customer exclusively online and on condition that the Customer provides, at their own expense:
    1. computer equipment with an operating system allowing access to the Internet,
    2. an Internet connection;
    3. access to a personal email account;
    4. a correctly configured web browser in the latest official version with the option to accept cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
  8. Subject to any provisions to the contrary in these Terms and Conditions, the Online Shop is available to the Customer for the duration of their use of the Online Shop, 24 hours a day, seven days a week.
  9. The Seller reserves the right to make the Online Shop temporarily unavailable to the Customer in order to ensure the security and stability of the Online Shop for the purposes of repairs, maintenance, troubleshooting, implementing necessary adaptations, changes and other similar activities.
  10. The Seller reserves the right to modify the functionality of the Online Shop, both by adding new features and by altering existing functionality.

§4 CUSTOMER ACCOUNT

  1. The Customer’s use of the full range of the Online Shop’s functionality is subject to acceptance of the provisions of these Terms and Conditions, free registration of a Customer Account on the Online Shop, and confirmation of this registration by the Seller.
  2. It is not necessary to create a Customer Account in order to place an Order in the Online Shop.
  3. By registering a Customer Account and accepting the provisions of the Terms and Conditions, the Customer makes a declaration of intent expressing consent to the provision of Customer Account services by electronic means in accordance with the provisions of the Terms and Conditions.
  4. When registering a Customer Account, the Customer enters a username and password chosen by them and known only to them. The Customer is obliged to ensure that their username and password remain confidential and, in particular, must not disclose them to unauthorised persons.
  5. To register a Customer Account, the Customer should:
    1. complete the registration form available in the Online Shop;
    2. complete all fields of the form marked with an asterisk as mandatory;
    3. accept the Terms and Conditions.
  6. The details entered in the registration form when registering a Customer Account must relate to the Customer and must be true.
  7. Upon registration of the Customer Account, a confirmation of registration of the Customer Account in the Online Shop will be sent to the Email Address provided in the registration form, requesting verification of the details and completion of the Customer Account registration. At this point, a contract for the provision of the Customer Account service by electronic means is concluded, and the Customer gains access to the Customer Account and the ability to amend the details provided during registration.
  8. The Seller may refuse to accept the registration of a Customer Account and to enter into a contract for the provision of services by electronic means for valid reasons.

§5 ORDERS AND THEIR PROCESSING

  1. Orders may be placed via the electronic Order form available in the Online Shop, 24 hours a day, 7 days a week.
  2. The Customer may place an Order after logging into their Customer Account or without an Account by providing the details indicated in the electronic Order form necessary for the fulfilment of the Order.
  3. To place an Order via the Online Shop, the Customer adds the selected Goods to the basket by choosing the type and quantity of Goods and clicking the “ADD TO BASKET” button, and carries out other technical steps based on the messages displayed to the Customer, including selecting the delivery method and payment method. The Customer then places the Order by sending an electronic Order form to the Seller, selecting the “Order with obligation to pay” button (or its equivalent) on the Online Shop’s website. In order to place an Order, the Customer must first accept the provisions of the Terms and Conditions. In the Order summary, before it is sent to the Seller, the Customer receives information about the main characteristics of the Goods ordered, the total cost of the Order, i.e. the Price for the selected Goods, the delivery cost, as well as all additional costs incurred by the Customer in connection with the Order.
  4. The submission of the Order by the Customer constitutes an offer to the Seller to conclude a Contract for the sale of the Goods covered by the Order.
  5. After the Order has been placed, the Seller sends a confirmation of the Order’s acceptance to the email address provided by the Customer. This confirmation constitutes the Seller’s acceptance of the offer, which is equivalent to the conclusion of a Sales Contract between the Parties.
  6. The Price shown in the basket at the time the Customer places the Order is binding and final.
  7. The Customer may pay for an Order placed in the Online Shop:
    1. cash on delivery – in the case of delivery of the Goods by courier or collection of the Goods in person by the Customer, or
    2. in advance – by traditional bank transfer to the Seller’s account no. Bank account number: 65 1090 1838 0000 0001 1131 5606 or via electronic payments and card payments through electronic payment operators.
  8. When making a payment, the Customer will be informed of the amount due immediately prior to payment, as well as the available payment methods and the details of the payment service provider. Detailed terms and conditions for making payments via electronic payment service providers are available on the relevant provider’s website.
  9. To make a payment via an electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to whom they will be redirected from the Online Shop, and immediately pay for the Order placed.
  10. The Customer declares that they consent to the Service Provider’s use and transmission of electronic invoices in PDF format that do not require the parties’ signatures, by sending them to the Email Address provided by the Customer. The Seller shall provide the Customer with an electronic invoice immediately upon receipt of payment for the Order.
  11. The Seller delivers Goods exclusively within the territory of the Republic of Poland, unless otherwise specified in the description of the Goods in question.
  12. When placing an Order, the Customer selects the method of delivery for the Goods. The Goods may be delivered to the Customer:
    1. by courier,
    2. via a parcel locker,
    3. by the Customer collecting the Goods in person from the Seller’s premises.
  13. The Seller provides information on the Online Shop regarding the number of working days required for delivery of the Goods using a specific delivery method.
  14. Upon collection of the parcel containing the Goods, the Customer should check its condition, and in the event of damage or tampering with the packaging, it is recommended that the Customer draw up a damage report in the presence of the person handing over the Goods. The Customer should immediately send the damage report to the Seller, together with any complaint.
  15. The Seller reserves the right to a maximum Order processing time of 30 days. Upon the expiry of this period without fulfilment, the Customer may cancel the Order by sending a statement of cancellation to the Seller. In such a case, the Seller shall immediately refund to the Customer, who is a Consumer, all payments made by them, including any delivery costs.
  16. The Seller shall enclose a sales confirmation in the form of a VAT invoice or a fiscal receipt with every Order delivered. If the Ordering Party is a VAT payer and wishes to receive an invoice, they should send the Seller appropriate notification of this, e.g. by email immediately after the purchase has been made, providing the necessary details.

§6 TERMINATION AND EXPIRY OF THE SERVICE AGREEMENT

  1. This section does not apply to Sales Agreements, but applies exclusively to agreements for the provision of Customer Account services by electronic means.
  2. The contract for the provision of services by electronic means may be terminated by the Customer at any time via the Online Shop. The Seller shall confirm the termination of the contract by sending a message to the Customer at the Email Address provided by the Customer in the Customer Account.
  3. The Seller has the right to terminate the agreement for the provision of electronic services at any time for valid reasons, subject to a 14-day notice period. The Seller terminates the agreement for the provision of electronic services by sending the Customer a relevant notice of termination to the Email Address provided by the Customer in the Customer Account.
  4. The contract for the provision of electronic services shall expire in the event of:
    1. the death or liquidation of the Customer;
    2. The Seller’s liquidation or the Seller ceasing to carry on business.

§7 PROTECTION OF PERSONAL DATA

  1. As the Data Controller, the Seller makes every effort to ensure all possible physical, technical and organisational measures to protect Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorised disclosure, use or access, in accordance with all applicable legal provisions, including the GDPR.
  2. The Seller uses cookies and other similar technologies within the Online Shop to improve efficiency and offer the Customer increasingly improved functionality of the Online Shop and more tailored advertising. If the Customer does not consent to the storage and retrieval of information in cookies, they may change their cookie settings via their web browser or use the opt-out option on the website of the provider of the relevant technology. Detailed information regarding the technologies used by the Seller is available in the Cookie Policy at kominki-lumar.com
  3. Further information on the processing of Personal Data by the Seller can be found in the Privacy Policy available at kominki-lumar.com

§8 LIABILITY

  1. The Customer is obliged to use the Online Shop in accordance with its intended purpose and to refrain from any activity that could disrupt its proper functioning.
  2. The Customer is prohibited from entering unlawful content into the Online Shop. The Customer bears full responsibility for the accuracy, scope, completeness, content and compliance with the law of the data entered and stored in the Customer Account.
  3. To the extent permitted by law, the Seller shall not be liable for:
    1. blocking by the administrators of mail servers that handle the Customer’s emails, messages sent by the Seller to the Customer’s Email Address, and the deletion or blocking of emails sent by the Seller by software installed on the computer equipment used by the Customer;
    2. malfunctioning of the Online Shop resulting from the Customer’s computer hardware, software or internet access not meeting the technical requirements specified in the Terms and Conditions;
    3. the consequences of the Customer providing incorrect or untrue Customer data when registering a Customer Account or placing an Order.
  4. The Online Shop may contain links to other websites. The Seller is not liable for the content, form or accuracy of the information contained in these links. The Customer browses the content of these links at their own risk.
  5. The Seller reserves the right to place advertising content in any part of the Online Shop in forms commonly used on the Internet. The Seller shall not be liable for advertising content posted on the Online Shop or for any claims by third parties arising therefrom.
  6. Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller’s liability for damages caused to Customers who are not Consumers is limited to the amount paid by such a Customer to the Seller for the purchase of the relevant Goods, irrespective of the source and legal basis of the claim by the Customer who is not a Consumer, and liability for loss of profits is excluded.

§ 9 WITHDRAWAL FROM THE SALES AGREEMENT

  1. The Consumer is entitled to withdraw from the concluded Sales Contract, without giving any reason, within 14 days from the date of receipt of the Order. This period begins:
    1. from the moment the Goods are taken into possession by the Consumer or a third party designated by them other than the carrier,
    2. where the Sales Contract covers multiple Goods which are delivered separately, in batches or in parts – from the date on which the last Good, batch or part is taken into possession
    3. where the Sales Contract involves the regular delivery of goods for a specified period – from the date on which the first item is taken into possession;
    4. in all other cases – from the date of conclusion of the Sales Contract.
  2. To meet the deadline for withdrawing from the Sales Contract, it is sufficient for the Consumer to send notification of their exercise of the right to withdraw from the contract before the expiry of the withdrawal period.
  3. In order to exercise the right to withdraw from the Sales Contract, the Consumer is required to provide the Seller with a notice of withdrawal, preferably to the email address biuro@kominki-lumar.com. If the Consumer exercises this right, the Seller shall immediately send the Consumer confirmation of receipt of the notice of withdrawal on a durable medium (for example, by email).
  4. The Consumer may draft the notice of withdrawal from the Sales Agreement as follows (however, adherence to the following format is not mandatory):


Statement of withdrawal from the Sales Contract

Seller’s name: PHU LUMAR LUCYNA SZCZĘCH

Seller’s address: Składowa 1 (access from Ceramiczna Street), 34-400 Nowy Targ

Seller’s email: biuro@kominki-lumar.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods: ____________________________________________________

Ordered on (*)/received on (*) ____________________________________

Name and Surname of the Consumer(s): ____________________________________________

Consumer’s/Consumers’ address: ____________________________________________________

Signature of the Consumer(s) (only for paper-based notifications):_______________________

Date: ___________________________________________________________________

(*) delete as appropriate


  1. In the event of withdrawal from the Sales Contract, the contract shall be deemed not to have been concluded.
  2. The Seller shall refund to the Consumer all payments received in connection with the Sales Contract from which the Consumer is withdrawing, in particular the Price of the Goods and the delivery costs, provided that, with regard to the refund of delivery costs, the Seller is obliged to refund only the cost of the standard, cheapest method of delivery of the Order offered by the Seller. The direct costs associated with returning the Goods, resulting from the Consumer’s withdrawal from the Sales Contract, shall be borne by the Consumer.
  3. The Seller shall refund the payments received from the Consumer, including the Price of the Goods and the delivery cost, without delay, but no later than within 14 days from the date of receipt of the Consumer’s notice of withdrawal from the Sales Contract, subject to paragraph 8 below. The refund shall be made via the same payment method used by the Consumer to pay for the Goods, unless the Seller and the Consumer agree otherwise.
  4. A Consumer who has withdrawn from the Sales Contract is obliged to return the Goods to the Seller without undue delay, but no later than 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to dispatch the Goods before it expires. The returned Goods should be in a condition that does not go beyond what is necessary to ascertain the nature of the Goods, their characteristics and functioning. The Seller may withhold the refund for the Goods until the Goods are received or until proof of their return is provided to the Seller, whichever occurs first.
  5. The Consumer is not entitled to withdraw from the Contract of Sale in respect of Contracts of Sale:
    1. where the subject of the performance is a non-prefabricated item, manufactured to the Consumer’s specifications or serving to satisfy their individual needs;
    2. where the subject of the performance is an item liable to deteriorate rapidly or having a short shelf life;
    3. where the subject of the contract is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
    4. where the subject of the supply consists of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
    5. where the subject of the supply consists of audio or video recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
    6. the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
    7. the supply of digital content not recorded on a tangible medium, where the performance of the service began with the consumer’s express consent before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
  6. The Consumer’s rights referred to in this § 9 also apply to a Customer who is a natural person entering into a contract directly related to their business activity, where it is clear from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, as made available under the provisions on the Central Register and Information on Economic Activity.
  7. Made-to-order products are non-returnable.

§10 DEFECTS IN GOODS. COMPLAINTS.

  1. The Seller is obliged to deliver Goods free from defects to the Customer.
  2. The Seller is liable to the Customer, under the warranty, for physical or legal defects in the Goods purchased by that Customer. In the case of a sale not constituting a consumer sale, the provisions contained in Articles 556–576 of the Civil Code are excluded, subject to Articles 5564 and 5565 of the Civil Code.
  3. The Consumer has the right to demand a price reduction, the removal of the defect, the replacement of the defective product with a new one, or to withdraw from the Sales Contract. This right also applies to a Customer who is a natural person entering into a contract directly related to their business activity, where it is clear from the content of that contract that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed under the provisions of the Central Register and Information on Economic Activity.
  4. The Customer may submit complaints and information relating to the Seller’s failure to perform or improper performance of the Sales Contract, including defects in the Goods, or the provision of electronic services as specified in the Terms and Conditions, in any form, including in particular by electronic means to the Seller’s email address biuro@kominki-lumar.com or by post to the Seller’s address: Składowa 1 (access from Ceramiczna Street), 34-400 Nowy Targ.
  5. To ensure the complaint is dealt with efficiently, it should include:
    1. Details of the person making the complaint (first name and surname/name and address of the Customer, Email Address);
    2. A description of the incident giving rise to the complaint;
    3. The Customer’s expectations regarding how the complaint should be resolved;
    4. Proof of purchase, if the complaint relates to ordered Goods.
  6. In the case of complaints regarding defects in Goods, the Customer is obliged to deliver the defective Goods to the Seller’s address. In the case of a Consumer, the cost of delivery is covered by the Seller.
  7. The Seller shall respond to the Customer’s complaint within 14 (fourteen) calendar days of receiving the complete complaint form and shall notify the Customer of further actions relating to the complaint under consideration.
  8. If the complaint is upheld in the Customer’s favour, the costs of replacing or repairing the Goods shall be borne by the Seller.
  9. The Customer will be informed of the outcome of the complaint by email, to the Email Address provided in the complaint form.

§11 FINAL PROVISIONS

  1. These Terms and Conditions shall enter into force on 22 April 2026
  2. The Seller reserves the right to unilaterally amend the provisions of these Terms and Conditions without being required to justify the reasons for such an amendment, and undertakes to inform the Customer of any amendment to these Terms and Conditions by publishing the consolidated text of the Terms and Conditions on the website https://kominki-lumar.com/gb/terms-and-conditions. Amendments to the Terms and Conditions do not affect orders placed by the Customer prior to the amendments coming into force – such orders are processed in accordance with the provisions of the Terms and Conditions in force on the date the order was placed.
  3. Amendments to the Terms and Conditions shall come into force 7 days after their content is made available on the website https://kominki-lumar.com/gb/terms-and-conditions. Should the Customer not accept the new Terms and Conditions, they are obliged to notify the Seller of this fact, which shall result in the termination of the contract for the provision of the Customer Account service in accordance with the provisions of §6 of the Terms and Conditions.
  4. In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
  5. The Parties shall endeavour to resolve any disputes arising from the performance of the Sales Agreement amicably. In the event that the Parties, being traders, fail to reach an amicable resolution of the dispute within 60 days of the date of the claim being made, the court having jurisdiction over the Seller’s registered office shall have jurisdiction to finally resolve the dispute.
  6. The Seller informs the Customer who is a Consumer of the possibility of using out-of-court complaint handling and redress procedures. These include, in particular:
    1. a permanent, amicable consumer court operating under the Trade Inspection Authority
    2. mediation proceedings for the amicable resolution of a dispute between the Customer and the Seller, conducted before the provincial inspector of the Trade Inspection Authority;
    3. assistance in resolving a dispute between the Customer and the Seller provided by the competent district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
    4. the online platform for the resolution of disputes between consumers and traders at EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/
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