XCEL Sp. z o.o. Sp. k.
Czereśniowa 58, 43-520 Chybie
NIP:5482626219 REGON: 241702340
Account no.47 2490 0005 0000 4530 8395 3900
I.   Definitions
II.  Preliminary provisions
III. Registration
IV. Order placement procedure and the moment of conclusion of the sales agreement
V.  Payment for the goods
VI. The delivery – information
VII. The complaint procedure
VIII. Warranty
IX. Withdrawal from the agreement – return of goods by way of cancelling the agreement
X.  Conditions for the provision of services by electronic means
XI. Privacy Policy
XII. Cookies Policy
XIII. The final provisions
The following Terms and Conditions constitutes a Regulation within the meaning of article 8 of the Polish Law of 18 July 2002 Act on Electronic Services (Dz. U. from 2002 No. 144, item 1204 as amended) and regulates the terms for the conclusion of the Sales Agreement in the online Shop in accordance with other acts of law governing this obligation.
1. I. Definitions
1. TERMS AND CONDITIONS – these Terms and Conditions with enclosures which informs of powers and obligations of both Parties to the Agreement;
2. SHOP – online shop www.lekkodesign.com
3. SELLER – XCEL Spółka z ograniczoną odpowiedzialnością Sp. k., with registered office in Chybie, Czereśniowa 58, 43-520 Chybie, NIP: 5482626219 REGON: 241702340,
4. SERVICE PROVIDER – XCEL Spółka z ograniczoną odpowiedzialnością Sp. k., with registered office in Chybie, Czereśniowa 58, 43-520 Chybie, NIP: 5482626219 REGON: 241702340,
5. CUSTOMER – a natural person, a legal person and an organizational unit without legal personality to whom an act has granted a legal capacity, purchasing products via email address of the online shop www.lekkodesign.com
6. CONSUMER – a natural person who purchases products via the online Shop or via email for the purpose not connected with his/her economic or professional activity;
7. BUYER – the Customer and the Consumer;
8. ORDER – the offer for the conclusion of a sales agreement made by the Buyer via website;
9. USER – each entity using the website of the online shop;
10. ACCOUNT – individual administration panel of the User for the conclusion of a sales agreement, accompanied by the login and password, available after the registration and logging into the online Shop;
11. REGISTRATION – the process which consists of creating an individual Account for a User in the online Shop;
12. SALES AGREEMENT – the agreement for the sale of goods concluded between the Seller and the Buyer via the online Shop;
13. PRODUCT – each item purchased via online shop;
14. METHOD OF PAYMENT – the form of payment for the ordered product, offered by the Shop which is chosen by the Buyer while placing the Order, or chosen as a result of individual arrangements with the Shop in a different form than presented on the website;
15. DELIVERY FORM – the form of the delivery of the ordered product chosen by the Buyer while placing the Order, or chosen as a result of individual arrangements with the Shop in a different form than presented on the website;
16. CART – the form of storage of the products chosen by the Buyer for subsequent purchase;
17. DEFECT – legal or physical defects of the purchased product;
II. Preliminary provisions
1. XCEL Spółka z ograniczoną odpowiedzialnością Sp. k. , with registered office in Chybie, Czereśniowa 58, 43-520 Chybie, NIP: 5482626219 REGON: 241702340 is the owner, the seller and the administrator of the online shop available at: www.lekkodesign.com
2. The online shop engages in the retail sales of objects of so-called “small architecture” via the Internet.
3. The Sales Agreement between the Seller and the Buyer is concluded in the Polish language in accordance with Polish law.
4. All the products offered in the shop are brand new and free from physical and legal defects and have been legally introduced into the Polish market, and are offered to the Buyers on their special order, it means they are not prefabricated and are produced only after the order defining the specification of these products has been placed.
5. The Seller must deliver to the Buyer the products without defects.
6. The content of the Terms and Conditions, in the event of the separate decision of the Buyer constitutes the content of the Agreement between the Parties. According to applicable law the content of the Agreement is recorded and supplied to the Buyer on a tangible medium in order to ensure that the Buyer may refer to it if necessary.
7. In order to conclude the Agreement with the Seller, the Buyer can exercise the right to negotiate the conditions of the Agreement or conclude the Agreement with the Seller on the basis of these Terms and Conditions.
8. The products are sold within the territory of the Republic of Poland and the territory of the European Union.
9. All prices provided at online shop are expressed in Polish zloty and Euro and include VAT.
10. The Buyer can place an order 24 hours a day, 7 days a week.
11. The Customers can access the Terms and Conditions at any time via the link on the homepage of the online shop.
The Terms and Conditions can be recorded, acquired and reproduced by printing it or saving on the appropriate storage medium.
III. Registration
1. The Registration in the online Shop is voluntary and free of any charge.
2. For Registration in online Shop the User should fill in the registration form on the website providing his or her correct data.
3. In order to register the User should provide the following data:
a) Name
b) Last name
c) Telephone number
d) E-mail address
e) Password
Then, in order to make it possible for the Seller to execute the order, the User who is not an entrepreneur should complete the contact details:
f) street and house number
g) postcode
h) city
i) country
4. The User who is an entrepreneur should additionally provide company name, address and the NIP number.
5. Optionally, the User can indicate a different shipping address and provide the relevant data required for order execution.
6. Once the User has filled in the registration form with required data the User Account is created.
7. In the event of a change in the User’s data required during the process of registration, they shall be updated by the User so that they are correct.
8. When the User’s data required during the process of registration changes after the initiation of execution of the Order, the User is obliged to update them and to report it to the Shop.
IV. Order placement procedure and the moment of conclusion of the sales agreement
1. The Buyer can place an order 24 hours a day, 7 days a week via the website www.lekkodesign.com
2. The reply is given within 24 hours after receiving a request, on working days from Monday to Friday, not including public holidays, within working hours of the shop.
3. The Shop carries out sales in the territory of the European Union.
4. The shop issues an invoice.
5. The information on products presented on the websites of the Shop does not constitute an offer within the meaning of the Civil Code; and only constitutes an invitation to enter into a sales agreement.
6. Placing an order constitutes an offer within the meaning of the Polish Civil Code.
7. To place an order with the use of the form the Buyer should add the product that he or she wishes to purchase to the Cart. Adding the product to the Cart shall not constitute placing an order. Products may be added or removed from the Cart.
8. The Cart allows the Buyers to manage ordered products and to calculate the value of the order.
9. To complete the order the Customer must add products to the Cart.
10. Then, the data of the customer should be provided: name and last name, shipping address, phone number, e-mail address and if the recipient of the invoice is a business owner, the data of the company should be also provided.
11. The next step includes specifying the method of payment and shipment.
12. After closing the abovementioned proceedings the Customer should select “order and pay” if he or she wants to confirm the order.
13. After submitting the correct order the Seller verifies the possibility of execution of the Order and immediately sends the information to the e-mail address of the Buyer specified during the ordering stage or during registration.
The agreement is concluded upon obtaining the information about the acceptance of the order.
14. Orders are processed on working days from Monday to Friday, not including public holidays, within working hours of the shop.
15. Delivery lead time differs for individual products available in the online shop www.lekkodesign.com. Processing the orders is carried out within 4 weeks from the date when the amount is credited in the Seller’s bank account. The total delivery time consists of preparing the product and a time required by the delivery operator to deliver the shipment. In the event of doubts the Buyer may contact the Seller in order to receive necessary information in this regard.

V. Payment for the goods
1. Payments for the goods purchased in the shop are carried out using the payment tools available in the shop or other tools agreed with the Seller.
2. All prices in the shop are the gross-prices.
3. The Shop provides for the following types of payments:
a) prepayment
– payments made by Przelewy24 or Paypal
4. Buyer purchases goods or services at prices and shipping cost valid at the time of the order.
5. Seller reserves the right to change prices of the goods or delivery, in particular in the event of changes in the price list for services provided by the delivery operator. This provision does not apply to orders already under way.
6. The Sheller can carry out or cancel promotion campaigns. Promotion campaigns consist in a temporary reduction of the price. Temporary reduction of the price remains valid until stocks are exhausted or until the period of promotion campaign has finalised. The Seller shall inform the Buyer about the start and the end of the promotion, as well as about the fact that the stock is already exhausted.
7. Promotion campaigns cannot be combined with one another. In the case of any doubt about the promotion campaigns, it is recommended to contact the Sheller.
VI. The delivery – information
1. The delivery is made to the address specified by the Buyer in the order.
2. The ordered goods are delivered by courier company.
3. If the Seller cannot fulfill the sales agreement because the products cannot be produced, they shall immediately, but no later than within 30 days from the conclusion of the Sales Agreement, notify the Buyer, who shall decide about further actions, connected with the placed order.
4. If the Seller cannot fulfill the sales agreement connected with individually requested features of the product due to the temporary inability, the Seller can use a supplementary performance of the same use and quality or any other way, as agreed by the parties.
5. It is recommended that the Buyer who is also a consumer within the meaning of Article 22 [1] of Civil Code as far as possible should verify the condition of the goods upon the delivery and prepare a protocol in the presence of the representative of the party conducting the delivery (courier). Verification of the goods will facilitate and accelerate execution of the potential claims against the entity responsible in the case of mechanical damage of the goods which occurred during transportation. In such situations it is recommended that the Buyer should as rapidly as possible contact the Seller using the contact details.
7. The cost of the delivery is established individually when placing the order.
VII The complaint procedure
1. In the case of agreements concluded with the Consumers within the meaning of Article 22 [1] of Civil Code, the Seller shall be liable towards the Consumer in accordance with Article 556 et seq. of the Civil Code for physical and legal defects (statutory warranty). In the case of agreements with entrepreneurs the Seller responsibility against statutory warranty is excluded.
2. The Seller shall be liable towards the Consumer under the statutory warranty if the physical defect comes to light not later than two years after the day of receipt of the goods, and in the case of second-hand products, not later than one year.
3. The Consumer’s claims for the removal of the defect or exchange of the sold product for the defect-free product shall be limited to one year following the date of the defect’s discovery.
4. The physical defect consists in inconsistency between the given thing and the Agreement, especially if the thing:
a) does not have properties which such a thing should have due to the purpose defined in the Agreement or resulting from circumstances or purpose;
b) is not fit for the purpose of which the Buyer informed the Seller when concluding the Agreement, and the Seller did not make any objections as to such use of the thing;
c) was given to the Buyer incomplete;
5. The public assurance of the producer, their representative, a person launching the product on the market within their business activity or a person representing himself/ herself as the producer by placing their name, logo, trademark or other mark are equal to the assurance of the Seller.
6. In the case of the Agreement with the Consumer, if the physical defect is discovered within one year from the moment of handing the product to the Consumer, it is assumed that it existed at the moment when the risk was passed onto the Consumer. When the defect is noticed after one year from the moment of handing the product, the Consumer must prove that the defect already existed at the time of purchase.
7. The Consumer, if the product sold to them has a defect, may:
a) make a statement in which they demand a lower price;
b) make a statement of terminating the contract;
c) demand that the product be exchanged for one without defects;
d) demand that the defect be removed
8. The Consumer cannot renounce the Agreement if the defect is insignificant.
9. The Consumer, who executes their rights resulting from the statutory warranty, is obliged to deliver the defective product at the Seller’s expense to the Complaints Address.
10. The Seller requests to attach the description of inconsistency between the given product and the Agreement in order to facilitate the complaint procedure.
11. The Seller shall respond to the request of the Consumer within 14 days. Otherwise it will be assumed that the Seller found the statement or request of the Consumer justified.
12. The Seller may refuse to fulfill the request of the Consumer if making the defective product comply with the Agreement in a way chosen by the Buyer is impossible or compared to another possible way of achieving such compliance with the Agreement it would require excessive costs.
13. When the price is reduced it should remain in such proportion to the full price quoted in the Agreement as the value of the defective product is to the value of the defect-free product.
14. If because of the defect of the product, the Consumer made a statement concerning termination of the Agreement or lowering the price, they may demand redress of the damage they suffered by concluding the Agreement without knowing about the existence of the defect, even if the damage is a consequence of circumstances for which the Seller is not responsible, and may in particular demand the reimbursement of the costs of concluding the Agreement, costs of collecting, transporting, storing and insuring the product, and the return of investments made in the scope in which they did not obtain benefits from them, and they did not receive their return from a third party as well as the return of the court proceedings costs.
15. The above does not prejudice the provisions concerning the obligation to redress damage according to general principles.
16. Damage does not refer to:
a) natural flaw (suited to the material used)
b) normal wear and tear
c) mechanical damage (dents, abrasions, scratches, discoloration)
d) defects resulting from improper use or maintenance
e) obvious defects visible at the time of the reception of the goods, but not immediately reported.
17. Address for complaints: XCEL Sp. z o.o. Sp. K
18. There is a possibility of having recourse to an out-of-court complaint and redress mechanism by:
a) Consumer Ombudsman
b) request for mediation to the Voivodeship Inspectorates of the State Trade Inspection
VIII. Warranty

1. Goods sold via online Shop can be covered by the manufacturer’s warranty or importer’s warranty.
2. The Seller issues no warranty.
3. Warranty provisions do not exclude the possibility to complain about goods on the grounds of the statutory warranty with regard to the agreements in which the Buyer is a Consumer.

IX. Withdrawal from the agreement – return of goods by way of cancelling the agreement

1. In accordance with Article 38(3) of Consumer Law, The Buyers do not have the right to withdraw from the sales agreements.
2. When the prefabricated products are available in the Shop offer (then such information for the product is required to be individually listed), the Consumer, on the basis of Article 27 of Consumer Law is entitled to renounce the agreement concluded over distance, without stating the reasons and incurring the costs, except for the costs defined in Articles 33 and 34 of Consumer Law, by submitting a written statement within 14 days of the date of the receipt of the subject of the agreement. In order to meet this deadline one must send the statement before the end date. The statement may be sent to: HXCEL Sp. z o.o. Sp. k., with registered office in Chybie, at the address: Czereśniowa 58, 43-520 Chybie, NIP: 5482626219 REGON: 241702340
3. The statement may be submitted on the form which is given in the Attachment to these Terms and Conditions and which is available at the www.lekkodesign.com or in other form consistent with Consumer Law.
4. The Customer is also requested to send information about the current bank account number for the reimbursement transfer together with the statement referred to in point 1.
5. Promptly after the receipt of the statement concerning the withdrawal from the agreement the Seller informs the Consumer about this fact. This information is sent on the e-mail address indicated in the order or indicated in the statement concerning the withdrawal from the agreement as a contact address.
6. In the event of withdrawal from the Agreement, the Agreement shall be considered not concluded.
7. The Consumer is obliged to return the product or the products immediately, not later than 14 days from the day of withdrawing from the Agreement to the address agreed with the Seller.
8. The Consumer sends the goods being the object of the Agreement from which they withdrew at their own cost and risk.
9. The Consumer is responsible for the decreased value of the product or the products being the object of the Agreement, resulting from the use of the product or the products in a way that exceeded the necessary use aimed at checking its nature, features and function.
10. The Seller shall immediately, not later than within 14 days after receiving a statement concerning the withdrawal from the Agreement made by the Consumer, return all the payments made by the Consumer, including the costs of delivering products, taking into consideration the least expensive method of delivery.
11. The Consumer is responsible for the decreased value of the product, resulting from the use of the product in a way that exceeded the necessary use aimed at checking its nature, features and function, as referred to in point 8 above.
12. The Consumer, in the event of withdrawal from the Agreement concluded over distance for services that have commenced with the consumer’s consent prior to the end of the withdrawal period, is obliged to pay for the services provided until withdrawal from the Agreement.
13. The amount payable by the consumer shall be calculated in proportion to what has been provided, considering the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the market value of the service shall be the basis for the calculation.
14. The Seller may withhold the reimbursement until the receipt of the goods or evidence of their return, whichever is the earliest.
15. In accordance with Article 39 of Consumer Law, The Consumer is not entitled to withdraw from the Agreement when:
– the product was not used in accordance with its intended purpose
– the product has mechanical damage (dents, abrasions, scratches, discoloration)
– the product has defects resulting from improper use or maintenance
– the product has obvious defects visible at the time of the reception of the goods, which were not immediately reported.

X. Conditions for the provision of services by electronic means

The Service Provider via online shop at www.lekkodesign.com provides the following electronic services:
a) creating and maintaining the Account in the online shop
b) making it possible to place an order by using a relevant form
2. The Service Provider provides electronic services without charge.
3. Electronic service Agreement which signifies the maintaining of an account in the online shop is concluded for indefinite period of time.
4. Electronic service Agreement which signifies making it possible to place an order by using a relevant form is a fixed term agreement and shall be terminated as soon as the order is placed or when the Customer ceases placing the order.
5. The Customer is obliged to use the online shop in accordance with the law or good practices, bearing in mind that the personal rights and intellectual property rights of any third party should be respected. The customer is prohibited from delivering illegal content. It is not allowed to use
electronic services in a way that illegally disturbs the functioning of the online shop by using certain software or devices or by sending or submitting unsolicited trade information.

X. Privacy Policy
1. The owner of the shop is the administrator of data collected by the online shop.
2. The online shop operates in accordance with the applicable laws, including in particular the provisions of the Act of 29 August 1997 on the protection of personal data (consolidated text of Journal of Laws of 2002, no. 101, item 926, as amended) and the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws no. 144, item 1204, as amended).
3. The shop administrator commits to the protection of personal data of the Users from loss, damage, misuse, unauthorised disclosure and access.
4. The administrator of personal data shall process personal data for the purpose of execution of the agreements concluded via the online shop, or for direct marketing purposes.
5. The administrator takes all technical efforts and guarantees due care that is intended to protect the interests of individuals which are concerned by this Privacy Policy i.e. individuals concerned by collected data.
6. The User voluntarily provides his or her personal data required for registration.
7. In accordance with applicable law, if the Customer requests removal of personal data, the personal data in the sales note kept for the fiscal needs shall not be removed.
8. The administrator transmits the collected personal data of the Customer to the selected carrier, in the scope necessary to make the delivery of the product to the Customer.
9. The administrator of personal data collects personal data for specified purposes, such as:
a) conclusion and performance of the sales agreement of the products
b) delivery of the products and management of the complaint procedure
c) management of the registration process of the User account, using the available administration panel on the website.
d) logging into the account which is the subpage of the shop, in order to control orders placed by the Customer.
The administrator processes the data of the Buyer, specified at the time the order is placed.
1) The administrator processes the data: Name and Last name, and the e-mail address in the event of an enquiry made via the contact form.
2) The User has the right to view and correct their personal information at any time, and the right to require deletion of data from the database. For the purpose of exercising these rights, the User may contact the Administrator of the shop by sending an e-mail to: lekko@lekkodesign.com
XII. Cookies Policy
1. The online shop uses cookie files in order to collect information in connection with the use of the shop by the User.
2. Files of cookie type are text files that are stored by the User’s web browser on his or her computer, which allows to identify the User and which preserve the User preferences based on the history of websites visited by the User.
3. Web browsing software (web browser) usually allows to store cookies on the end device used by the User by default. Users can make changes to this setting. The web browser allows the User to delete cookie files. It is also possible to automatically block cookie files. Detailed information for this topic can be found in Help section or in documentation of web browser.
4. Cookie files allow to maintain the session of the User without having to re-enter the login and password on each subpage.
5. Online shop collects the following types of cookie files:
a) permanent
b) analytical
c) external
6. The shop collects cookie files for the following purposes:
a) identification of the Customers and showing that they are logged in
b) storing the products that were added to the Cart in order to place an order
c) storing the data from filled order forms or data used to log in to the shop
d) maintaining the customer session after log in, so that the customer does not need to enter his/her login and password on every subpage of the shop.
e) matching web page content to the User needs
f) optimising the use of the shop web page
g) creating anonymous statistics that help to understand how the User is using the web page, which allows to improve its structure and content.
7. The viewed resources are identified by URL. In addition, recording may apply to:
a) the time of the question arrival
b) the time of sending the answer
c) name of the Customer’s station – identification made by HTTP protocol
d) information about errors, that occurred during HTTP transactions
e) URL address of the web page currently visited by the User – when the referrer link directs to the website of the shop.
f) information about the User’s browser
g) information about IP address
8. The above data is not associated with concrete users that view the pages.
9. All Administrator staff shall receive appropriate training about data-protection rules.
10. Access to personal data is provided only to authorized employees.
XIII. Final provisions
1. The development of internet technology, legislative changes in the area of personal data protection and the shop development can influence the changes in the terms and conditions.
2. The change of the terms and conditions content can occur after prior notification to the Users about the range of expected changes not later than 14 days before their entry into force.
3. Orders that were made under previous version of the Terms and Conditions will be executed in accordance with its provisions.
4. The seller shall take all possible technical and organizational measures to prevent the unauthorized acquisition or modification of data provided during the Registration and while placing orders.
5. Shop does not take responsibility for provided data, to the extent permitted by applicable law, and if providing the data of ICT system for the purpose of storing data, does not know of illegal character of the data or related activity, the shop will immediately prevent the access to this data in the event of receiving official information or obtaining the reliable information about illegal access to such data.
6. The shop reserves the right to temporarily or completely disable the operation of the website for its improvement, addition of services or maintenance.
7. Any disputes arising between the Seller and the Customer, who is a consumer within the meaning of Art. 22 [1] of the Civil Code, shall be settled by the Polish common court, in accordance with the regulations of the Code of Civil Procedure and in accordance with the regulations of the Polish law.
8. Any disputes arising between the Seller and the Customer, who is not a consumer within the meaning of Art. 22 [1] of the Civil Code, shall be settled by the Polish common court having jurisdiction over the place where the Shop has its registered office, in accordance with the regulations of the Polish law.
9. Users may contact the Seller via:
a) e-mail:lekko@lekkodesign.com
b) contact form on the website
c) in a written form: XCEL Sp. z o.o. Sp. k. with registered office in Chybie, at the address Czereśniowa 58, 43-520 Chybie, NIP: 5482626219 REGON: 241702340
10. The name of the online shop Lekko Design and the address at which it is available: www.lekkodesign.com and any materials available in the Internet Shop such as product images, and descriptions are subject to copyright and to legal protection. Using and distributing them without the permission of the shop owner is forbidden.
11. These terms and conditions apply from 7 August 2017.