§1 GENERAL PROVISIONS

These Terms and Conditions define the general conditions and manner of providing services electronically and sales conducted via the Online Store www.lillyandswan.pl. The products offered in the Store are sold by Małgorzata Ługowska, running a business under the name Lilly and Swan Małgorzata Ługowska, NIP 5222713772, REGON 360232941, entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy, contact address: ul. Startowa 2, 02-248 Warszawa, hereinafter referred to as the Seller.
Contact with the Seller is possible through:
1. email address: hello@lillyandswan.pl;
2. phone number: +48 576 604 874;
In accordance with the requirements, we have designated a contact point for direct communication with the authorities of the Member States, the Commission, the Digital Services Council, as well as with Users using the Website. Fast and direct communication is possible by e-mail to: hello@lillyandswan.pl
These Terms and Conditions are continuously available on the Store's website www.lillyandswan.pl in a way that enables acquisition, playback and recording of its content by printing or saving on a carrier (including through the function available in a web browser).

§2 BASIC DEFINITIONS

Terms used in the Regulations mean:

Price - the value expressed in monetary units that the Customer is obliged to pay, and in the case of digital content/service - also a digital representation of the value;
Business day - a weekday from Monday to Friday, excluding public holidays;
Proof of payment - an invoice or receipt issued in accordance with the Goods and Services Tax Act or based on other provisions of applicable law, sent to the Customer;
Delivery – means the delivery of the Product to the Customer by the Seller;
Supplier - an entity with which the Seller cooperates and whose task is to complete the delivery (detailed information regarding suppliers and delivery methods is specified on the Seller's website);
Customer/User - an entity that plans to purchase or purchases the product(s), i.e. a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person and an organizational unit without legal personality, to whom specific provisions grant legal capacity - which has concluded or intends to conclude an Agreement with the Seller;
Consumer – a natural person making a purchase through the Store for purposes that are not directly related to his/her business/professional activity;
Offer – a sales proposal containing essential elements of the Product (including product description, individual proposal of the Seller);
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, conducting business activities on its own behalf - which uses the Store;
Entrepreneur on the rights of the Consumer - a natural person concluding an Agreement directly related to his/her business activity, when the content of this Agreement indicates that the Agreement does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of provisions on the Central Registration and Information on Business Activity;
Product – Goods or Service offered by the Seller in the Store, intended for sale; The product is a paid product unless otherwise indicated;
Physical product – a product that can be physically shipped by post/courier or can be picked up in person;
Regulations – this document of Terms and Conditions specifying the rules for using the Store, placing orders and the rules for fulfilling orders by the Seller;
Store/Website – a platform through which the Seller sells products;
Seller – means Małgorzata Ługowska, conducting business under the name Lilly and Swan Małgorzata Ługowska, NIP 5222713772, REGON 360232941;
Goods - an item that is the subject of an Agreement concluded between the Seller and the Customer;
User-Generated Content - information shared, produced and/or provided by the User as part of the use of the Store's services, among others:
a) opinions about Products,
b) comments under the content shared on the Seller's social media profiles (Facebook, Instagram, Pinterest),
c) content of posts and comments on Facebook groups or on dedicated social media channels;
Durable carrier - a material or tool for storing information that allows access to this information in the future (for the time necessary to achieve the purposes for which this information is served) and enables the reconstruction of the stored information in an unchanged form;
Agreement - mutual arrangements concluded between the Seller and the Customer specifying mutual rights and obligations;
Service – a service provided by the Seller to the Customer.
Gift Voucher - a document (in electronic or paper form) issued by the Seller, which entitles the holder to make a single payment for products offered in the Store, in accordance with the terms and conditions set forth in these Terms and Conditions.

§3 RULES OF COOPERATION AND CONCLUDING AN AGREEMENT

The terms and conditions of the Agreement and the principles of cooperation are specified in the Regulations and the Offer.
The Regulations and the Offer do not exclude or limit the rights of the Customer who is a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.
In the event of any discrepancies between the content of the Regulations and the Offer, the Offer is binding.
The Agreement is concluded upon the Customer's acceptance of the Regulations, making payment and then confirmation by the Seller of accepting the order for processing, subject to the provisions below.
If the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded upon acceptance of the Regulations by the Customer and acceptance of the order for processing by the Seller.
The Agreement is concluded in two language versions - in English or Polish, with content consistent with the Regulations. In case of discrepancies or doubts in interpretation, the provisions of the Regulations in Polish are binding.

§4 PRICE

The price is a gross price and includes all taxes required by law, unless the Seller has clearly indicated that the price is a net price and VAT should be added to it.
The price does not include information about delivery costs or other costs that the Customer will be obliged to incur, about which costs he will be informed before placing the order.
The reduced price is the price applicable as a result of the reduction in the price of the Product.
The lowest price is the lowest price for the Product, which was valid in the period of 30 days before the introduction of the discount, and in the case of a product offered for sale in a period shorter than 30 days - the lowest price is the lowest price applicable in the period from the date of commencement of offering this Product to the date of introduction discounts.
In case of a reduction in the price of a Product that deteriorates quickly or has a short shelf life - next to the price for the Product, the Seller also displays information about the price before the first application of the discount.
If the Seller uses the procedure of individual price adjustment based on automated decision-making, the Seller informs the Customer about this before placing the order.

§5 PLACING ORDERS

The Customer can use the Store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays or holidays are processed the next business day.
The Seller uses the services of Autopay S.A. and PayU to offer online payments.
Payments can be made via traditional transfer, electronic transfer, debit or credit card, BLIK payment and via other payments offered by the Website, such as: Google Pay, Apple Pay, PayPo deferred payments.
The Customer is obliged to make the payment immediately after placing the order, unless nothing else results from the Offer or the payment method chosen by the Customer.
The Customer declares that he consents to the Seller using and transmitting electronic invoices that do not require signatures of the parties in PDF format by sending them to the e-mail address indicated by the Customer.
In order to purchase Products through the Store, it is required to:
1. select the Product(s) you want to putchase from the options available on the website by clicking the "add to cart" button or a similar button;
2. provide the required information (e.g. customer data, payment method, delivery method);
3. read the information about the total price for the selected Products, including delivery and other additional costs resulting from the placed order;
4. accept the Regulations and the order, as well as make payment for the order in accordance with the selected payment method. After placing the order, the Seller will send an order confirmation.
After concluding the Agreement, the Seller also sends the Customer its terms and conditions, unless they were provided before concluding the Agreement.
The Seller has the right to cancel the order if the Customer fails to make the payment within 3 business days from the date of placing the order or if the Customer completes the order form in a way that prevents its proper execution despite the Customer's request to complete/correct the data under pain of canceling the order.

§6 ORDER PROCESSING

Physical products

The deadline for the processing of the order, including the delivery of the Products, depends on the order preparation deadline indicated by the Seller, and then on the delivery deadline planned for the delivery method chosen by the Customer, unless the Offer states otherwise:
1. order preparation time is up to 3 business days - in the case of Products available in stock
2. order preparation time is up to 15 business days - in the case of Products that are not available in stock and will be manufactured for the needs of a given Order ('made-to-order product')
3. delivery time is from 3 to 7 business days.
The deadline for the processing of the order, including the delivery of the Products, should be counted from the date of conclusion of the Agreement.
The Seller informs the Customer about:
1. the deadline for preparing the order by the Seller in Business Days,
2. the delivery date of the Products by the Supplier in Business Days - depending on the delivery method chosen by the Customer,
3. the amount of fees for each of the offered delivery methods.
If different implementation periods are provided for the Products covered by the Order, the longest period among those provided applies for the entire Order.
Delivery is carried out within Poland and other European Union countries. In the case of deliveries outside the European Union countries, the Customer individually agrees with the Seller on detailed delivery conditions.
Delivery is made to the address indicated by the Customer in the order form or to the collection point indicated by the Customer - depending on the delivery method selected.
In case of problems with the delivery of the parcel by the Supplier, such as, among others: the Customer's absence at the indicated address, the Supplier leaves a notice at this address or sets another date by e-mail/telephone on which the order can be delivered. If the order is not collected within the specified time, the order will be sent back to the Seller and the Customer will be charged with shipping and return costs. After sending back, a new delivery date will be agreed with the Customer and the costs of re-delivery will be determined.
The Customer should examine the received order upon receipt of the parcel, and if any irregularities are found, he or she has the right to request the Supplier to prepare a receipt report.

§7 RULES FOR THE REDEMPTION OF GIFT VOUCHERS

General provisions:
1. These Terms and Conditions set out the rules for the purchase, redemption and use of gift vouchers offered by the Lilly & Swan online store.
2. A Lilly & Swan Gift Voucher constitutes a form of prepayment for the purchase of a night lamp within a selected product category available in the Store’s current offer.
3. Each voucher is assigned a unique code, which is used solely for the purpose of redeeming the voucher in the Lilly & Swan online store and is provided to the purchaser upon completion of the purchase.
4. The purchase of a voucher constitutes acceptance of these Terms and Conditions.
Types and Scope of Vouchers:
1. Vouchers are available in the following categories:
  a) rattan lamp voucher;
  b) fairy lamp voucher.
2. The voucher covers the value of the most expensive lamp model available within the selected category at the time of voucher redemption.
3. The voucher includes the cost of the least expensive courier delivery option within the territory of Poland.
4. The recipient independently selects a specific lamp model within the category indicated on the voucher.
Voucher Redemption Rules:
1. The voucher is redeemed by entering the unique code during the order placement process in the online store.
2. Each voucher is valid for a single use only and may be applied to one order exclusively.
3. In the event that a higher-priced lamp model (from a category higher than that indicated on the voucher) or a more expensive delivery option is selected, the customer shall be required to pay the price difference at the time of placing the order.
4. If the total order value is lower than the value of the voucher, the unused balance shall not be refunded or carried forward to subsequent orders.
Voucher Validity:
1. The voucher is valid for a period of 12 months from the date of purchase.
2. Upon expiry of the validity period, the voucher shall become void and may no longer be redeemed.
Withdrawal from the Contract and Returns of Orders Paid with a Voucher:
1. The purchase of a voucher is subject to the right of withdrawal from the contract. The voucher may be returned within 14 days from the date of purchase, provided that it has not been redeemed. Any refund shall be made using the same payment method as used for the purchase.
2. In the event of a return of an order paid for with a voucher:
  a) the value of the voucher shall not be refunded in cash;
  b) the customer shall receive a new voucher code of the same value, with a validity period corresponding to that of the original voucher.
Restrictions:
1. Vouchers may not be combined with one another.
2. Vouchers may not be combined with other discount codes, promotions, or special offers.
Voucher Form and Delivery:
1. Vouchers are available in A5 format in the following variants:
  a) PDF voucher – delivered electronically to the email address provided at the time of order, within up to 12 hours of purchase;
  b) Printed voucher – an elegant gift card provided in an envelope.
2. The printed voucher is dispatched within up to 2 business days from the date of purchase.
3. The cost of the printed voucher is PLN 9.90 (plus delivery costs).
4. The form of the voucher does not affect the method of redemption or its validity.

§8 TECHNICAL REQUIREMENTS

The Customer may use the Store in accordance with the Regulations and applicable regulations.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats.
In order to use the Store or place an order, the Customer must have access to:
1. a computer or mobile device with Internet access with the current version of a web browser supported by the manufacturer (e.g. Opera, Mozilla Firefox, Google Chrome);
2. an active email account.
If it is necessary to meet additional technical requirements to use the Store or Products, the Customer will be informed about this before using the Store or before placing an order for the Product.

§9 COPYRIGHTS AND LICENSES

All materials provided by the Seller, including texts, photos, graphics, multimedia and trademarks, are works within the meaning of the Act on Copyright and Related Rights, subject to legal protection.
The copyright to the above-mentioned materials is held by the Seller or another entity from which the Seller obtained an appropriate license. The materials may also be used by the Seller based on another legal basis.
All materials made available by the Seller may only be used by the Customer for their own use, unless nothing else results from the Offer. Further dissemination, sharing, copying and downloading of materials in any way beyond the scope of permitted use is prohibited.
The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limits result from the Offer or these Regulations. The remuneration for granting the license was included in the price.
The customer has the right to use the materials in the following fields of use:
1. in the scope of recording the work and printing it - digital recording on the User Account or in another manner permitted by the Seller; the printout can be made for your own use of the materials;
2. modifying the work for your own needs to the extent resulting from the instructions, instructions/video instructions, comments.
In the event of violation of the prohibition referred to in this paragraph, including copyright infringement, the Seller has the right to demand compensation and redress from the Customer. In the above-mentioned scope, the Customer may be liable for civil or criminal liability.

§10 COMPLAINTS AND WARRANTY

This chapter defines the rules of liability for compliance of the service with the Agreement obliging to transfer the ownership of the Goods to the Consumer and the Entrepreneur with consumer rights in the scope of agreements concluded from January 1, 2023.
The provisions of Chapter XI of Book III of Title II of the Act of 23 April 1964 - Civil Code shall not apply to agreements obliging to transfer ownership of goods, in particular sales agreements, delivery agreements and agreements for specific work being goods, but only Consumer Rights Act. Detailed information regarding the above-mentioned principles are contained in the Consumer Rights Act, and these Regulations are not intended to limit or change them.
If the Goods are inconsistent with the Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Agreement when:
The Seller may make an exchange when the Customer requests repair or the Seller may make a repair when the Customer demands replacement, if bringing the goods into compliance with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the goods into compliance with the Agreement. The Customer provides the Seller with the Goods that are the subject of repair or replacement.
If the Goods are inconsistent with the Agreement, the Customer may request its repair or replacement or, in the cases specified in the Consumer Rights Act, also withdraw from the Agreement.
1. the Seller refused to bring the Goods into compliance with the Agreement or did not bring the Goods into compliance with the Agreement;
2. the lack of compliance of the Goods with the Agreement continues, even though the Seller has tried to bring the Goods into compliance with the Agreement;
3. the lack of conformity of the Goods with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;
4. it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Customer.
The Customer may not withdraw from the Agreement if the non-compliance of the Goods with the Agreement is insignificant.
In case of withdrawal from the Agreement, the Customer shall immediately return the Goods to the Seller at the Seller's expense. The Seller returns the price to the Customer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of its return.
The Customer may submit a complaint regarding the non-compliance of the Goods with the Agreement by sending it to the Seller's address indicated in the Regulations (e-mail address: hello@lillyandswan.pl or correspondence address: Lilly and Swan Małgorzata Ługowska, ul. Startowa 2, 02-248 Warsaw) . The complaint should include data enabling the Customer's identification, the subject of the complaint and requests related to the complaint. In the event of receiving an incomplete complaint that makes it impossible to consider it, the Seller will call on the Customer to complete it, otherwise the complaint will not be considered. The customer may submit a complaint using the template attached as Annex 3 to these Regulations. This procedure applies accordingly to the rights arising from §10 of these Regulations.
The Seller shall consider complaints within 14 days from the date of its receipt, unless specific provisions provide otherwise. The response will be sent to the Customer's e-mail address or in another manner indicated by the Customer.
The provisions of this chapter do not apply to Goods that serve exclusively as a carrier of digital content.
In addition to the rights arising from the warranty, some Goods may be granted by the Seller a guarantee for the purchased Goods. In such a case, guarantee information will be specified, among others: in the Offer or in a separate document in accordance with the principles provided for in the Consumer Rights Act.

§11 ADDITIONAL CUSTOMER RIGHTS FOR DIGITAL CONTENT/SERVICE

This chapter defines the rights of the Consumer and the Entrepreneur with consumer rights in the case of agreements for the supply of digital content/services concluded from January 1, 2023. Detailed information regarding the Customer's rights are specified in the provisions of the Consumer Rights Act, and these Regulations are not intended to limit or change them.
If the digital content or digital service is inconsistent with the Agreement, the Customer may demand compliance with the Agreement or submit a declaration of price reduction or withdrawal from the Agreement.
The Seller may refuse to comply with the Agreement if bringing the digital content or digital service into compliance with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
If the digital content or digital service is inconsistent with the Agreement, the Customer may submit a declaration of price reduction or withdrawal from the Agreement when:
1. compliance with the Agreement is impossible or requires excessive costs;
2. the seller has not brought the digital content or digital service into compliance with the Agreement;
3. the lack of conformity with the Agreement continues even though the Seller has attempted to bring the digital content or digital service into compliance with the Agreement;
4. the lack of compliance of the digital content or digital service with the Agreement is so significant that it justifies an immediate price reduction or withdrawal from the Agreement;
5. it is clear from the Seller's statement or circumstances that it will not bring the digital content or digital service into compliance with the Agreement within a reasonable time or without undue inconvenience to the Customer.
The customer may not withdraw from the Agreement if the digital content or digital service is provided in exchange for payment of a price and the lack of conformity with the Agreement is insignificant.
If the Customer has not received the digital content or service, the Customer informs the Seller about this. If they are not delivered immediately or within an additional, specific deadline agreed by the parties, the Customer may withdraw from the Agreement.
The customer may withdraw from the Agreement without requesting the delivery of digital content or digital service, if:
1. The Seller has stated, or it is clear from the circumstances, that it will not provide the digital content or digital service or
2. The parties have agreed or the circumstances of concluding the Agreement clearly indicate that a specific deadline for the delivery of digital content or digital service was of significant importance to the Customer, and the Seller did not deliver it within that period.
The provisions of this Chapter shall not apply if the Agreement provides for the delivery of digital content via a tangible medium.

§12 RIGHT OF WITHDRAWAL

This chapter defines the rules for withdrawal from the Agreement by the Consumer and the Entrepreneur with consumer rights.
The Customer who is a Consumer or an Entrepreneur acting as a consumer has the right to withdraw from the Agreement within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the Agreement, the Customer should inform the Seller about this by way of an unambiguous statement, e.g. by sending an e-mail or a letter to the address indicated in the Regulations. More information about the right of withdrawal can be found in Annex 1 and 2 to the Regulations.
The right of withdrawal from the Agreement is not entitled to the Consumer in relation to the following agreements:
1. for the provision of services for which the Customer is obliged to pay the price, if the Seller has made a full service with the express and prior consent of the Customer, who was informed before the commencement of the service that after the Seller has provided the service he will lose the right to withdraw from the Agreement and has accepted it;
2. for the supply of digital content not delivered on a tangible medium, for which the Customer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Customer who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the Agreement and acknowledged it, and the Seller provided the Customer with confirmation of receipt of consent;
3. the subject of the service is non-prefabricated goods, manufactured according to the Customer's specifications (e.g. in terms of color or pattern) or serving to meet his individual needs (so-called custom-made goods);
4. the subject of the service is goods that deteriorate quickly or have a short shelf life;
5. the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons if the packaging was opened after delivery;
6. the subject of the service are audio or visual recordings or computer programs delivered in a sealed package if the package was opened after delivery;
7. the subject of the service is the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;
8. the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales agreement which may be delivered only after 30 days and whose value depends on market fluctuations over which the Seller has no control;
9. the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
10. the conclusion was made by public auction;
11. the subject of the service are items which after delivery, due to their nature, are inseparably connected with other items;
12. for the provision of services for which the Customer is obliged to pay the price, in the case of which the Customer has expressly requested the Seller to come to him for repairs and the service has already been fully performed with the Customer's express and prior consent.
The client referred to in section 1 is liable for reducing the value of the Product in connection with using it in a way that goes beyond what is necessary to establish the nature, features and functionality of the Product.
In case of withdrawal from the Agreement for the supply of digital content or digital service, the Customer refrains from using this digital content or digital service and making it available to third parties.

§13 USER ACCOUNT

The Seller creates a User Account for the Customer i.e. an individual panel launched for the Customer by the Seller in order to use the Seller's Products after the Customer registers and concludes a free agreement for creating and maintaining a User Account, hereinafter referred to as the Account. The agreement to create and maintain a User Account is concluded for an indefinite period.
The Customer may not share the User Account with third parties or have several User Accounts.
The Seller sends information regarding the User Account to the e-mail address provided by the Customer. The Customer sets an individual password for the Account. The Customer is obliged to set an individual password also if the password is generated automatically by the system for the purposes of registering a User Account. After registering the Account, the Customer should immediately set a new password.
The Customer may submit a request to delete the Seller's User Account by e-mail or in any other way used for communication with the Seller with a 14-day notice period without giving a reason.
Deleting the User Account may result in the loss of access to the Products made available under the User Account.
The Seller may terminate the agreement for creating and maintaining a User Account:
1. for important reasons with a 14-day notice period (applies to a Customer who is a Consumer or an Entrepreneur with consumer rights); an important cause should be understood in particular as a breach by the Customer of the provisions of the Regulations or legal provisions as well as the Customer taking actions contrary to good practices;
2. without giving a reason with immediate effect (applies to a Customer who is not a Consumer or an Entrepreneur with consumer rights).

§14 SPECIFIC PROVISIONS APPLICABLE TO ENTREPRENEURS

The provisions indicated in this paragraph apply to an Entrepreneur who is not an Entrepreneur with consumer rights.
The court competent to resolve any disputes arising between the Seller and an Entrepreneur who is not an Entrepreneur with consumer rights is the court having jurisdiction over the Seller's registered office.
An entrepreneur who is not an entrepreneur with consumer rights is obliged to examine the shipment upon receipt. If defects and damage are noticed, the Entrepreneur is obliged to prepare a report upon receipt. In case of failure to fulfill the above-mentioned formalities, the Seller is not responsible for defects and damage to the Product occurring from the moment it is taken over by the Supplier until it is handed over to the Entrepreneur and for any delay in the transportation of the shipment.
The Parties exclude the Seller's liability for non-compliance of the Goods with the agreement/defects of goods towards the Entrepreneur who is not an Entrepreneur with consumer rights.
The Seller has the right to terminate the Agreement with an Entrepreneur who is not an Entrepreneur with consumer rights with immediate effect. For this purpose, the Seller sends the Entrepreneur a statement regarding the termination of the Agreement to the e-mail address or correspondence address. The entrepreneur waives any claims in this regard.
The Seller is not liable for lost profits in relation to the Entrepreneur who is not an Entrepreneur with consumer rights.

§15 PRODUCT OPINIONS

Opinions regarding the Products published by the Seller are verified by the Seller.
Verification takes place, among others: by comparing personal data or details of cooperation with data and information possessed by the Seller regarding Customers who have previously used the Seller's Products, as well as by direct contact with the above-mentioned person to thank them for their opinion or by sending Customers a dedicated link to leave an opinion.
In case of doubts as to whether the opinion comes from a person using the Seller's Products, this opinion is not published by the Seller.
The published opinions are intended to present the benefits related to the use of the Seller's Products, which benefits have been noticed by existing Customers.

§16 USER-GENERATED CONTENT

Unacceptable User-Generated Content:

It is prohibited for the User to post Content that constitutes illegal content within the meaning of the DSA Digital Services Act or is otherwise inconsistent with the Regulations.
The term "illegal Content" means illegal content, products, services and activities.
The User may not post Content that:
1. are of a terrorist nature;
2. are contrary to the law and good practices;
3. are SPAM or regularly appear on the Website (and on the Seller's social media profiles) without a legitimate purpose;
4. are offensive, contain content with terms considered as hate speech, threats and when they contain content inciting or supporting violence, content indicating harassment, racist, discriminatory or slanderous content;
5. violate or limit the rights of third parties, in particular the right to privacy, the right to image, the right to personal data protection, trademarks or copyrights;
6. serve to conduct competitive activities or constitute an act of unfair competition;
7. are used to conduct unauthorized advertising, promotional and marketing activities;
8. are used to conduct activities prohibited by law, e.g. financial fraud;
9. promote a fascist or other totalitarian state system;
10. defame or insult any person;
11. violate the personal rights of any person;
12. contain vulgar language or other offensive content;
13. offend religious feelings.
The Seller is not responsible for User-Generated Content posted on the Website (and on the Seller's official social media profiles), provided that the Seller:
1. has no actual knowledge of illegal activities or illegal User-Generated Content and with regard to claims for damages - does not know of the facts or circumstances that clearly indicate illegal activities or illegal User-Generated Content, or
2. immediately takes appropriate actions to remove or prevent access to illegal User-Generated Content or otherwise limit its visibility or monetization upon obtaining such knowledge or information.
The Seller is obliged to notify the appropriate law enforcement services/agencies if the User may have committed, is committing or may commit a crime that threatens the life or safety of a person/persons and to provide all information available to him/her on this subject.

User-Generated Content Moderation

The Seller may verify the User-Generated Content at any time.
The Seller shall carry out the verification with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including respect for the fundamental rights of service recipients, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
Verification may take place prior or subsequent, i.e. after publishing the Content - depending on the type of User-Generated Content and the functionalities provided.
If non-compliance of the User-Generated Content with the Regulations is detected, the User-Generated Content may be blocked and become invisible to other Users or be removed from the Website (or from the Seller's profile on social media) or its visibility may be limited in other ways. The Seller may also limit the monetization of the above-mentioned Content.
If the User uses the Website (or the Seller's profile on social media) contrary to the Regulations, in addition to actions related to the possibility of removing/blocking Content or otherwise limiting their visibility and/or monetization, the Seller may delete the User-Generated Account or temporarily or permanently prevent the User from using certain functionalities of the Online Store (or functionalities on the Seller's profile on social media).
The Seller is obliged to act with due diligence, in an objective proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including freedom of expression and information and other fundamental rights and freedoms. The Seller informs about his decision and provides its justification.
In the event of taking the actions referred to above, the User affected by the actions taken may submit an appeal under the principles described in this paragraph [cf. Appeal procedure].

Reporting User-Generated Content

Any person or entity may report to the Seller the presence on the Website (and on the Seller's social media profiles) of User-Generated Content that a given person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).
The report of User-Generated Content may be submitted by e-mail to the contact address provided in the initial Regulations, including using the form constituting an annex to the Regulations (Appendix No. 4).
The notification referred to in the provision above should include:
1. a justified explanation of the reasons why a given person or entity alleges that the User-Generated Content is inconsistent with the Regulations;
2. indication of the precise electronic location of the information, such as the exact URL address and additional information enabling the identification of the User-Generated Content, as appropriate to the type of User-Generated Content and the specific type of hosting service;
3. name and surname or name and e-mail address of the person or entity reporting, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU;
4. a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
The report should enable identification of the reporting person, but this is not a mandatory element, unless the identity is necessary to determine whether the given Content constitutes potential illegal Content.
Immediately after receiving the notification referred to in section 1, the Seller sends the User confirmation of receipt of the application - electronically, to the e-mail address provided (if the application contains contact information allowing sending confirmation).
If the application is incomplete or contains other errors that make it impossible to consider the application, the Seller may ask the applicant to supplement or correct the application, in particular when it concerns among others: confirmation of your rights that are potentially violated. Failure to supplement or correct the report no later than 14 days from the date of request by the Seller may constitute grounds for leaving the report without consideration.
Verification of User-Generated Content by the Seller in connection with the report takes place immediately, no later than within 14 days from the date of receipt of the report allowing its consideration, unless, due to the type of illegal Content covered by the report and the urgency of the activities, verification should take place earlier (e.g. when the Content poses a threat to the life or safety of people).
The Seller carries out verification with due diligence.
Reporting and verifying Content is intended to remove information considered illegal Content or to prevent access to it, provided that it cannot lead to excessive violation of the freedom of expression and information of other Users.
During verification, the Seller is entitled to block User-Generated Content in such a way that it becomes invisible to other Users or to take other actions described in this chapter.
After verification, the Seller may permanently suspend or remove User-Generated Content as violating the Regulations or otherwise limit its visibility or monetization, or consider that the User-Generated Content does not violate the Regulations. If the User-Generated Content has been previously blocked and after verification it turns out that the User-Generated Content does not violate the Regulations.
If the actions referred to above are taken, the Seller shall immediately notify both the reporting party and the User who posted the User-Generated Content, providing a justification for his decision.
In the event of taking the actions referred to above or failing to take them, the User who posted these User-Generated Contents or the reporting party may file an appeal under the principles described in this paragraph [cf. Appeal procedure].
If, for technical or operational reasons, the Seller cannot delete specific information, the Seller informs the reporting party about this.
The appeal will be considered by the Seller. Appeals will not be processed in an automated manner.

Appeal procedure

The User who provided the User-Generated Content or the person who reported the User-Generated Content for verification may file an appeal if:
1. The Seller has not blocked or removed the User-Generated Content or limited visibility despite notification from another User or a third party,
2. User-Generated Content has been blocked or deleted or whose visibility has been limited contrary to the provisions of the Regulations,
3. The Seller has decided to suspend or terminate the provision of the service, fully or partially,
4. The Seller has decided to suspend or close the account,
5. The Seller has made a decision to suspend, terminate or otherwise limit the possibility of monetizing information.
Each decision of the Seller referred to above must include a justification that will enable an appeal to be submitted, except where there are legal grounds for refusing to justify the decision. The justification must meet the requirements of the Digital Services Act (DSA) and include information such as:
1. an indication of whether the decision includes the removal of User-Generated Content, disabling access to it, depositioning or limiting the visibility of User-Generated Content or imposes other measures referred to in the Regulations in relation to such User-Generated Content, and - where applicable - the territorial scope of the decision and its validity period;
2. the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by another User or a third party or on the basis of voluntary verification activities carried out on the Seller's own initiative and where strictly necessary , the identity of the reporting person;
3. where applicable - information about the use of automated means in making the decision, including whether a decision was made in relation to User-Generated Content detected or identified through the use of automated means;
4. if the decision concerns potentially prohibited User-Generated Content, an indication of the legal basis on which the decision is based and an explanation of the reasons why the User-Generated Content is considered prohibited on this basis;
5. if the decision is based on the alleged inconsistency of the information with the terms of use, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the information is considered to be inconsistent with that basis;
6. clear and user-friendly information regarding the possibility of appealing the decision by the User or the reporting person.
The appeal may be submitted: a) electronically to the following address: hello@lillyandswan.pl b) by correspondence - to the following address: Lilly and Swan Małgorzata Ługowska, ul. Startowa 2, 02-248 Warszawa.
The appeal should contain the necessary information enabling it to be considered, including: identification and contact details of the appealing User and detailed justification indicating irregularities in the Seller's decision.
The Seller immediately confirms receipt of the appeal electronically to the e-mail address provided.
The appeal is considered within 14 days from the date of submission of the appeal.
If the appeal contains sufficient grounds to consider that the Seller's decision is incorrect/unjustified, the Seller shall immediately repeal its decision.
The appeal will be processed by the Seller/under the supervision of the Seller's staff.

§17 FINAL PROVISIONS

During force majeure, the parties to the Agreement will be released from any liability for non-performance or improper performance, provided that the circumstances of force majeure constitute an obstacle to the performance of the Agreement. The above also applies in the period immediately preceding or immediately following the occurrence of force majeure if only during the indicated period the impact of force majeure will constitute an obstacle to the performance of the Agreement.
"Force majeure" should be understood as an event of an accidental or natural nature, completely independent of the will and action of the Parties, which could not be predicted and impossible to prevent, in particular such events as: flood, burglary, war, act of terrorism, introduction of a state of emergency.
If the Customer is from outside the Seller's country, he should inform the Seller about this, providing information about his place of residence/registered office so that it is possible to settle the tax in accordance with the applicable regulations.
When using the Products, it is prohibited to provide illegal information and to act in a manner contrary to the law, good practices or violating the personal rights of third parties.
Conciliatory settlement of disputes and complaints. The consumer has the opportunity to seek help from:
1. a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement;
2. the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the conciliatory settlement of the dispute between the Customer and the Seller;
3. a district (municipal) legal ombudsman for a consumer or a social organization, whose statutory tasks include protection in order to obtain assistance in the matter of a agreement;
The Seller reserves the right to introduce changes to the Regulations for important reasons, in particular due to changes in legal provisions to the extent that these changes force the Seller to also change the content of these Regulations, in particular changes to the provisions of the Civil Code, the Act on consumer, the Act on the provision of services by electronic means, as well as pursuant to applicable decisions of the Office of Competition and Consumer Protection, the Personal Data Protection Office or court judgments to the extent corresponding to the issued decisions/judgments and in the event of a significant change in business factors, provided that there is a cause and effect relationship between the above-mentioned change and the change costs of providing services by the Seller.
For agreements concluded before the entry into force of the new Regulations, the version of the Regulations in force on the date of conclusion of the Agreement by the Customer shall apply.
The applicable law is Polish law, subject to paragraph 10.
The competent court is the Polish court, subject to paragraph 10.
In the case of a Customer who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the provisions of the law of the country of his habitual residence, which cannot be excluded under the Agreement. If the provisions in force in the consumer's country are more favorable to him and these provisions cannot be excluded by Agreement, they will apply in the Agreement concluded between the Customer and the Seller.
The rules regarding the processing of personal data are regulated in the Privacy Policy.
The Regulations entered into force on January 29, 2026.

Annexes to the Terms and Conditions:
Annex 1. Information about withdrawal from the sales agreement (download)
Annex 2. Withdrawal form from the sales agreement (download)
Annex 3. Complaint form (download)
Annex 4. User-generated content infringement report form (download)