Terms and Conditions
Terms and Conditions of the Online Store
1. General Provisions
1.1 The online store available at the internet address loum.pl (hereinafter referred to as the “Online Store”) is operated by Abnormal Transports Bartosz Kolczyński, ul. Szczawieńska 2/102A, 58-310 Szczawno Zdrój, NIP 8863027411, REGON 525254530.
1.2 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) specify the rules for using the Store, the conditions for placing orders for products available in the Online Store, the time limits and rules for order processing, payment conditions and methods, the Customer’s right to cancel an order and withdraw from the agreement, as well as the rules for submitting and handling complaints.
1.3 These Terms and Conditions are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise and is addressed exclusively to consumers or entrepreneurs.
1.4 The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the periods and on the legal bases indicated in the Privacy Policy published on the Online Store website. The Privacy Policy contains, in particular, the principles concerning the processing of personal data by the Administrator in the Online Store, including the legal bases, purposes and periods of personal data processing, as well as the rights of data subjects and information regarding the use of Cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Likewise, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of an agreement and statutory obligations of the Seller).
1.5 The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining and modifying Customer data. Customers should apply appropriate technical measures minimizing the above-mentioned risks. In particular, they should use antivirus software and software protecting the identity of Internet users.
1.6 To the fullest extent permitted by law, the Online Store shall not be liable for disruptions, including interruptions in functioning, caused in particular by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
1.7 Browsing the assortment of the Online Store does not require registration.
1.8 All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Online Store website, as well as to templates, forms and logos placed on the Online Store website, belong to the Seller, and their use may take place solely in the manner specified in and consistent with the Terms and Conditions and with the Seller’s prior written consent.
2. Definitions
2.1 BUSINESS DAY – one day from Monday to Friday excluding public holidays.
2.2 BLOG – a section of the Online Store website available at the following link: https://loum.pl/blog/ constituting an integral part of the Terms and Conditions.
2.3 ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
2.4 CUSTOMER; SERVICE RECIPIENT –
(1) a natural person having full legal capacity, and in cases provided for by generally applicable laws also a natural person having limited legal capacity;
(2) a legal person;
(3) an organizational unit without legal personality to which the law grants legal capacity;
– who has concluded or intends to conclude a Sales Agreement with the Seller.
2.5 CIVIL CODE – the Act of 23 April 1964 – Civil Code (Journal of Laws of 2022, item 1360, as amended).
2.6 NEWSLETTER – an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Recipients using it to automatically receive from the Service Provider periodic editions of a newsletter containing information regarding Products, news and promotions in the Online Store.
2.7 PRODUCT – a movable item available in the Online Store which is or may be the subject of a Sales Agreement between the Customer and the Seller.
2.8 TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
2.9 ONLINE STORE – the online store of the Service Provider available at the internet address: loum.pl
2.10 SELLER; SERVICE PROVIDER – Abnormal Transports Bartosz Kolczyński with its registered office in Szczawno Zdrój (address: ul. Szczawieńska 2/102A, 58-310 Szczawno Zdrój), NIP 8863027411, REGON 525254530.
2.11 SALES AGREEMENT – an agreement for the sale of a Product concluded remotely between the Customer and the Seller through the Online Store.
2.12 CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
2.13 ORDER – a declaration of intent of the Customer submitted by means of the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
2.14 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
2.15 CUSTOMER ACCOUNT; SERVICE RECIPIENT ACCOUNT – an Electronic Service provided by the Service Provider, enabling the creation of a customer account in the Online Store, through which the Customer; Service Recipient gains access, among others, to the history of their Orders and data.
3. Methods of Payment under the Sales Agreement
3.1 The Seller makes the following methods of payment under the Sales Agreement available to the Customer:
3.1.1 Payments are handled by Krajowy Integrator Płatności spółka akcyjna with its registered office in Poznań (hereinafter referred to as: “KIP”), Plac Andersa 3, 17th floor, 61-894 Poznań, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000412357, NIP 7773061579, REGON 300878437, with a fully paid share capital of PLN 5,494,980.00.
3.1.2 Payments are handled by Stripe Payments Europe, Ltd with its registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Detailed information regarding data processing by Stripe is available at:
https://stripe.com/privacy
The Stripe Terms of Service are available at:
https://stripe.com/legal
3.2 In order for the Online Store to process the order, the Customer is obliged to pay for the order immediately after completing the Order Form on the Online Store website and clicking the appropriate field redirecting them to the selected method of payment. Otherwise, the order will be automatically cancelled.
3.3 The Buyer is obliged to familiarize themselves with the Terms and Conditions and accept their content no later than at the moment of placing the Order.
4. Electronic Services in the Online Store
4.1 The following Electronic Services are available in the Online Store: Order Form, Newsletter, Customer Account; Service Recipient Account.
4.1.1 Newsletter – The Customer may consent to receiving the Newsletter. The Newsletter is sent exclusively to Customers who have subscribed to the Newsletter by signing up for it on the loum.pl website, providing their e-mail address, and consenting to receive commercial information within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002 No. 144, item 1204, as amended) at the provided electronic mail address (e-mail address). As part of the Newsletter service, information in the form of an electronic message (e-mail) is sent via electronic mail to the electronic mail address (e-mail address) provided by the Customer. The Newsletter contains, in particular, information about the Loum product offer, new offers, current promotions, competitions and other marketing information. The Newsletter is sent free of charge. The Customer may at any time, without giving any reason and without incurring any costs, change the indicated electronic mail address (e-mail address) to which the Newsletter is sent or unsubscribe from the Newsletter by clicking the Newsletter link placed in the footer of each Newsletter, entering their electronic mail address (e-mail address) in the appropriate field, and then selecting the “Unsubscribe” button. Each new Customer subscribing to the Newsletter receives a one-time 10% discount on purchases in the Loum store. The discount code cannot be combined with other discounts.
4.1.2 Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two consecutive steps – (1) after completing the Order Form on the Online Store website and (2) after clicking the appropriate field redirecting them to the selected method of payment for the Order. In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, building number/apartment number, postal code, city, country), electronic mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide, among others, the company name and NIP number. The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends upon placing an Order through it or upon earlier discontinuation of placing an Order through it by the Service Recipient.
4.1.3 Customer Account; Service Recipient Account – the use of the service is possible after registration in the Online Store. It consists in creating and maintaining an individual account enabling the storing of data provided during registration, modification of such data and viewing Orders. The Customer; Service Recipient may terminate the Electronic Service at any time by sending an appropriate request by e-mail or in writing to the address of the Seller; Service Provider. The Seller; Service Provider may terminate the Electronic Service by sending a notice of termination to the e-mail address indicated by the Customer; Service Recipient if they violate the provisions of the Online Store Terms and Conditions or violate good customs, principles of social coexistence, law or interests of the Online Store, the Seller; Service Provider or third parties. Termination of the above-mentioned agreement results in the deletion of the Customer Account; Service Recipient Account within 14 days from the date of receipt of such termination by the other party.
5. Technical Requirements
5.1 In order to use the Online Store, including browsing the assortment of the Online Store and placing Orders, the following are necessary: (a) a terminal device with access to the Internet and a web browser (computer, laptop, smartphone or another device with Internet access), (b) an active electronic mail account (e-mail), (c) a web browser with enabled Cookies and Javascript support. The Online Store website is optimized for a minimum screen resolution of 1024x768 pixels.
5.2 The minimum technical requirements enabling the use of the Online Store are:
(a) a web browser in the latest available version,
(b) an Internet connection with a bandwidth of at least 256 kbit/s.
6. Prohibition on Providing Unlawful Content by the Service Recipient
6.1 The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing unlawful content and from using the Online Store or the Seller’s website in a manner contrary to the law, good practices or infringing the personal rights of third parties.
7. Complaint Procedure Regarding Electronic Services
7.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is set out in section 8 of the Terms and Conditions) may be submitted by the Service Recipient, in particular via the contact form available in the Online Store in the “Contact” tab or in writing to the following address: ul. Szczawieńska 2/102A, 58-310 Szczawno Zdrój.
7.2 A complaint regarding the Newsletter service or other services provided electronically should include in particular: a description of the matter to which the complaint relates, the electronic mail address (e-mail address) provided during registration of the Customer Account or in the Order Form, and the current electronic mail address (e-mail address) or correspondence address to which the response to the complaint is to be sent, if the Customer wishes to receive the response to the complaint at an electronic mail address other than the electronic mail address (e-mail address) provided during registration of the Customer Account or in the Order Form, as well as the preferred method of informing the Customer about the manner of handling the complaint. The complaint will be considered and the response regarding the manner of its handling will be provided immediately, no later than within 14 days from the date of submission of the complaint. The Customer will be informed about the manner of handling the complaint in accordance with the data indicated in the complaint submission.
8. Conditions for Concluding the Sales Agreement and Order Fulfilment. Costs, Methods and Delivery Time of the Product
8.1 Information contained on the Online Store website does not constitute an offer of the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a Sales Agreement. Placing an Order constitutes the submission by the Customer to the Seller of an offer to conclude a Sales Agreement for the Product being the subject of the Order.
8.2 The Customer; Service Recipient may place an Order after prior free registration in the Online Store or without registration. Registration results in the creation of a Customer Account; Service Recipient Account, which enables the use of the Online Store after prior logging into it.
8.3 Registration of a Customer Account; Service Recipient Account consists in correctly completing the form in the Online Store. After correctly completing the form, the Customer; Service Recipient receives a notification at the indicated e-mail address regarding the creation of the account. During registration, the Customer; Service Recipient is obliged to familiarize themselves with the Terms and Conditions and the Privacy Policy.
8.4 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed and paid for the Order using the Order Form.
8.5 The price of the Product displayed on the Online Store website is a gross price and is given in PLN, EUR or USD, including taxes. Information regarding the total price including taxes of the Product being the subject of the Order, as well as delivery costs and other costs, and where the amount of such fees cannot be determined – regarding the obligation to pay them, is provided to the Customer on the Online Store website during the placement of the Order, including at the moment when the Customer expresses the intention to be bound by the Sales Agreement
8.6 The procedure for concluding a Sales Agreement in the Online Store using the Order Form:
8.6.1 After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment takes place by the Seller sending the Customer an appropriate e-mail message to the electronic mail address provided by the Customer during the placement of the Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance for fulfilment, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded
8.6.2 Methods of payment for the Order are described in section 3 of the Terms and Conditions.
8.6.3 In the case of normal and proper functioning of the courier delivery market, the delivery time of the Product for domestic shipments is up to 14 Business Days from the date on which the Seller’s bank account is credited, and for international shipments up to 30 Business Days from the date on which the Seller’s bank account is credited. During pre-Christmas and holiday periods, the delivery time may be extended. In the case of “pre-order” orders and orders organized as part of promotional campaigns, separate delivery times apply, specified individually by the Seller on the Online Store website in specific cases.
8.7 Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail referred to in section of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
8.8 Orders may be placed electronically 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be processed from the morning of the next Business Day.
8.9 Temporary suspension of the operation of the Online Store is permitted for the purpose of carrying out maintenance, development and modernization works.
8.10 If the performance of part of the Order is not possible, the Online Store may propose to the Customer:
8.10.1 cancellation of the entire Order, if the Customer chooses this option, the Online Store shall be released from the obligation to perform the Order;
8.10.2 cancellation of the Order in the part whose performance is not possible within the specified time limit; if the Customer chooses this option, the Order will be performed in part, and the Store shall be released from the obligation to perform it in the remaining scope;
8.10.3 performance of substitute performance, which will remain confirmed by the Customer. An Order based on substitute performance, after being approved by the Customer, shall be treated as final;
8.10.4 division of the Order and setting a new performance deadline for the part of the Order whose performance is not possible within the originally specified deadline; if the Customer chooses this option, the Products included in the Order will be shipped in several separate shipments, and the Customer shall not bear additional costs related to the division of the Order into several shipments.
8.11 If the Product ordered is unavailable in the Online Store or the Customer’s Order cannot be fulfilled for other reasons, the Online Store shall inform the Customer of this by sending information to the email address provided during registration within 7 (seven) days from the date of concluding the Sales Agreement.
8.12 If payment for the Order, which could not be fulfilled in whole or in part, was made in advance, the Online Store shall refund the Customer the amount paid, or the relevant part thereof, within 14 (fourteen) days from the date of sending the information, on the terms specified in point 3 of these Terms and Conditions. In justified cases, it is allowed for the settlement between the Seller and the Customer to take place also via payments made to the Seller’s or the Customer’s bank account, respectively.
8.13 If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for non-delivery or delayed delivery of the subject of the Order to the fullest extent permitted by law. If the Seller and the Customer agree that the Seller will resend the Product, the Customer shall bear the cost of the repeated shipment.
8.14 The Online Store serves Customers within the territory of the European Union.
8.15 The Online Store reserves the right to change the prices of goods available in the Store, introduce new goods for sale, carry out and cancel promotional campaigns or make changes to them, in compliance with the provisions of the Civil Code and other applicable laws, provided that such changes do not infringe the rights of persons who concluded Sales Agreements for Products offered by the Online Store before the above-mentioned changes were made, or the rights of persons entitled to use a given promotion, in accordance with its rules and during its term.
8.16 The Online Store provides the Customer with a method of delivery of the Product exclusively through courier shipments. When collecting a shipment delivered by courier, the Customer is obliged to examine the delivered shipment in the presence of an employee of the courier company. In the event of finding a loss or damage to the shipment, the Customer is obliged, together with the courier, to prepare a damage report in two identical copies signed by the Service Provider and the courier.
8.17 The Online Store does not fulfill Orders via parcel lockers.
8.18 The costs of courier shipments are:
- within Poland: EUR 5,
- within the European Union, except Poland: EUR 20,
- Prices do not include customs duties, import taxes or administrative fees that may be charged upon delivery. Responsibility for their settlement lies with the recipient.
8.20 Customs fees
In the case of foreign shipments, in particular outside the European Union, additional customs fees charged by the customs authorities of the recipient’s country may occur.
These fees are independent of the Seller and cannot be predicted by the Seller or included in the order price.
All obligations resulting from customs fees and fees imposed by state authorities are borne by the Customer, as the recipient of the shipment.
The Seller has no influence on the amount of such fees or on the rules for calculating them.
9. Product Complaints
9.1 The Seller is obliged to deliver the Product to the Customer free from defects.
9.2 The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (liability for non-conformity of the goods with the agreement), are specified by generally applicable provisions of law, in particular by the Consumer Rights Act.
9.3 A complaint may be submitted by the Customer, among others:
9.3.1 via the contact form available in the Online Store in the “Contact” tab;
9.3.2 in writing to the following address: ul. Szczawieńska 2/102A, 58-310 Szczawno Zdrój.
9.4 It is recommended that the Customer provide in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request concerning the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint — this will facilitate and expedite the consideration of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
9.5 If the Product is not in conformity with the agreement, the Customer may request its repair or replacement.
9.6 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission.
9.7 In a situation where the non-conformity of the goods with the agreement continues to exist despite repair or replacement of the Product, the Customer may submit a statement on price reduction or withdrawal from the agreement. Such entitlement shall also be available to the Customer where the non-conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without prior exercise of the right to replacement of the goods.
9.8 A refund due in the case of the occurrence of the situation described in point 9.7 shall be made in a manner corresponding to the payment method chosen by the Customer, within 14 days from the date of receipt of the Customer’s statement on price reduction or from the date of receipt of the goods or proof of their return, in the event the Customer exercises the right to withdraw from the agreement. In justified cases, it is permissible for the settlement between the Seller and the Customer to also take place through payments made to the Seller’s or the Customer’s bank account, respectively.
9.9 Liability under warranty is excluded in relation to the Consumer where permitted by law.
9.10 Liability under warranty is also excluded in the case of a natural person concluding an agreement directly related to their business activity, where it follows from the content of the agreement that it does not have a professional nature for that person, resulting in particular from the subject matter of the business activity conducted by them, made available pursuant to the provisions on the Central Registration and Information on Business Activity.
10. Extrajudicial methods of handling complaints and pursuing claims, and rules of access to these procedures
10.1 Detailed information concerning the possibility for a Customer who is a consumer to use extrajudicial methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at:
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
10.2 The President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, email: adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include, among others, providing assistance to consumers in matters concerning extrajudicial resolution of consumer disputes.
10.3 A consumer has the following exemplary possibilities of using extrajudicial methods of handling complaints and pursuing claims:
(1) submitting a request for resolution of a dispute to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/);
(2) submitting a request concerning extrajudicial resolution of a dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent with regard to the place of business activity conducted by the Seller); or
(3) obtaining assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Polish Consumers Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and via the consumer hotline number 801 440 220 (the hotline is open on Business Days from 08:00 to 18:00; call charges apply according to the operator’s tariff).
10.4 The platform available at http://ec.europa.eu/consumers/odr is an online platform for resolving disputes between consumers and traders at EU level (ODR platform). The ODR platform constitutes an interactive and multilingual website with a comprehensive service point for consumers and traders seeking extrajudicial resolution of disputes concerning contractual obligations arising from online sales agreements or service agreements (more information is available on the platform itself or on the website of the Office of Competition and Consumer Protection):
https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php
11. Consumer’s right to withdraw from the Sales Agreement
11.1 A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in point 11.6 of the Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal from the Sales Agreement may be submitted in accordance with the withdrawal template contained in the form made available by the Seller on the website of the Online Store. The declaration of withdrawal may be sent via the contact form available in the Online Store in the “Contact” tab or in writing to the following address: ul. Szczawieńska 2/102A, 58-310 Szczawno-Zdrój.
11.2 The period for withdrawal from the Sales Agreement begins:
11.2.1 in the case of an agreement under which the Seller hands over the Product, being obliged to transfer its ownership (e.g. a Sales Agreement) - from taking possession of the Product by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of an agreement which:
(1) covers multiple Products which are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or
(2) consists in the regular delivery of Products for a fixed period - from taking possession of the first of the Products;
11.2.2 in the case of other agreements - from the date of conclusion of the agreement.
11.3 In the event of withdrawal from a Sales Agreement concluded at a distance, the agreement shall be deemed not concluded.
11.4 The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the Sales Agreement, refund to the consumer the payments made by the consumer for the Product. The Seller shall make the refund using the same method of payment used by the consumer, unless the consumer has expressly agreed to another method of refund which does not involve any costs for the consumer. If the Seller has not proposed that he himself will collect the Product from the consumer, he may withhold the refund of payments received from the consumer until receipt of the Product back or delivery by the consumer of proof of its return to the Seller.
11.5 The Consumer shall immediately, no later than within 14 calendar days from the day on which the Consumer withdrew from the Sales Agreement, return the Product to the Seller at the address of the registered office of the company operating the Online Store or another address indicated by the Seller, or hand it over to a person authorised by the Seller to collect it, unless the Seller proposed that he himself would collect the Product. To meet the deadline, it is sufficient to send the Product back before its expiry.
11.6 The Consumer shall bear all costs related to the delivery of and return of the Product.
11.7 The Consumer shall be liable for any reduction in the value of the Product resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.
11.8 The right to withdraw from a distance agreement shall not apply to the Consumer in relation to agreements:
11.8.1 for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the performance that after the Seller has performed the service, the consumer will lose the right to withdraw from the agreement;
11.8.2 in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period;
11.8.3 where the subject of the performance is a non-prefabricated Product manufactured according to the consumer’s specifications or intended to satisfy the consumer’s individualised needs;
11.8.4 where the subject of the performance is a Product liable to rapid deterioration or having a short shelf life;
11.8.5 where the subject of the performance is a Product delivered in sealed packaging which, after opening the packaging, cannot be returned due to health protection or hygienic reasons, if the packaging has been opened after delivery;
11.8.6 where the subject of the performance is goods which, after delivery, due to their nature, are inseparably connected with other items.
11.9 The provisions concerning the consumer contained in points 11.1–11.8 of these Terms and Conditions shall apply to a natural person concluding an agreement directly related to their business activity, where it follows from the content of the agreement that it does not have a professional nature for that person, resulting in particular from the subject matter of the business activity conducted by them, made available pursuant to the provisions on the Central Registration and Information on Business Activity.
12. Amendment of the Terms and Conditions
12.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, in particular changes in provisions of law or changes in methods of payment and delivery - to the extent to which such changes affect the implementation of the provisions of these Terms and Conditions. All Orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions shall be executed on the basis of the Terms and Conditions in force at the time the Order was placed by the Customer.
12.2 In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions, the amended Terms and Conditions shall be binding on the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the Service Recipient has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service Recipient who is a consumer shall have the right to withdraw from the agreement.
12.3 In the case of agreements of a nature other than continuous agreements concluded on the basis of these Terms and Conditions, amendments to the Terms and Conditions shall not in any way infringe the acquired rights of Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted and Sales Agreements concluded, performed or executed.
13. Discount Codes
13.1 Discount codes for the LOUM Online Store cannot be combined with other ongoing promotions, special offers or sales.
14. Final Provisions
14.1 Sales Agreements concluded through the Online Store are concluded in the Polish and English languages.
14.2 The content of these Terms and Conditions may be preserved by printing, saving on a storage medium or downloading at any time from the website of the Online Store.
14.3 In the event that a Customer or another person or entity considers that the content published on the website of the Online Store infringes their rights, personal rights or good morals, they may notify the Seller of the potential infringement. The Seller, having been notified of the potential infringement, shall immediately take actions aimed at clarifying the matter and, if necessary, removing from the website the content constituting the cause of the infringement.
14.4 In the event of a dispute arising out of a concluded Sales Agreement, the parties shall seek to resolve the matter amicably. Polish law shall apply to all disputes arising under these Terms and Conditions.
14.5 In matters not regulated in these Terms and Conditions, generally applicable provisions of law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended), as well as the Consumer Rights Act.
14.6 These Terms and Conditions shall enter into force on 06.05.2026.