Terms and Conditions
I. Definitions The terms used in the Terms & Conditions shall have the following meanings: Customer – neutral person, legal person or organisational unit not being a legal person, but to which special regulations grant a legal capacity, which makes an Order within a frame of the Shop; Consumer – according to Art 22 (1) of the Civil Code it shall mean a neutral person, who performs with the entrepreneur a legal action not related directly to the economic or professional activity conducted by him/her; Civil Code – the Act of 23rd April 1964 (Journal of Laws No. 16 item 93 as amended); Terms & Conditions – these Terms & Conditions, which specifies the general sales conditions and terms of rendering electronic services within a frame of the shop.lavieskintherapy.com online shop; Online shop (Shop) – online service available at the following address: shop.lavieskintherapy.com, by an intermediary of which the Customer can, in particular, lace the Orders; Goods – products presented in the Online Shop; Sales contract – sales contract of the Goods within a meaning of the Civil Code, concluded between shop.lavieskintherapy.com and the Customer, concluded with usage of the Online Shop service; Act on the Consumer Rights – act of 30th May 2014 on the Consumer Rights (Journal of Laws of 2014 item 827); Act on Rendering Electronic Services – act of 18th July 2002 on Rendering Electronic Services (Journal of Laws No. 144 item 1204 as amended); Order – declaration on the Customer’s will, aiming directly to conclude the sales contract, determining, in particular, a type and amount of the Goods; II. General provisions These Terms & Conditions shall determine terms of using the online shop available at the following address: shop.lavieskintherapy.com. These Terms & Conditions are the These Terms & Conditions mentioned in Art. 8 of the Act on Rendering Electronic Services. The shop.lavieskintherapy.com online shop, which conducts its activity at the following address: shop.lavieskintherapy.com, is conducted by Dunevia GmbH, (Dunevia Ltd.), Lindenstraße 32, 15230 Frankfurt/Oder, Germany, tax Identification Number (UST-Id): DE815361520, entered in the Register of Entrepreneurs under the Register number HRB: 15708 4. These Terms & Conditions shall determine, in particular: – term s and conditions of placing the Orders by the electronic means within a frame of the Online Shop; – terms of concluding the Sales contracts while using the services rendered within a frame of the Online Shop. 5. Using the Online Shop shall be possible provided that an ICT system, which is used by the Customer fulfils the following minimum technical requirements: 6. In order to use the Online Shop the Customer should obtain within his/her own scope an access to the computer stand or the end device, with an Internet access. 7. According to the applicable law provisions the shop.lavieskintherapy.com shall reserve a right to limit a scope of rendering the services by intermediary of the Online Shop to the persons who are over 18 years of age. In such a case, the potential Customer s shall be notified about the above. 8. The Customers shall be able to get an access to these Terms & Conditions at any time by intermediary of a referral placed on the home page of the shop.lavieskintherapy.com service as well as download it and print it out. III. Terms of Using the Online Shop The Customer shall be able to place the Order without registering in the Shop, after acknowledging with these Terms & Conditions and accepting it. In order to ensure a security of a transfer of the announcements and data in connection with the services rendered within a frame of the Web Site, the Online Shop shall implement the technical and organisational means adequate to the security thread with regard to the rendered services, in particular the means used for a prevention of acquiring and modification of the personal data transferred via Internet by the unauthorised persons. The Customer shall be obliged, in particular, to: using the Online Shop in a manner compliant with the provisions of the law applicable on the area of the Republic of Germany, provisions of the Terms & Conditions, as well as the general terms of using the Internet network; not delivering and not conveying a content forbidden by the law provisions, e.g. content that promote violence, defaming or breaching personal rights and the other rights of the third persons; using the Online Shop in a manner, which does not interrupt its functioning, especially by using the concerned software and devices; not taking the actions such as: sending or posting not ordered commercial information (spam) within a frame of the Shop; using the Online Shop in a manner non-onerous for the other customers and for the shop.lavieskintherapy.com, using any and all its contents posted within a frame of the Online Shop only within a scope of the own personal use. IV. Procedure of Concluding the Sales Contract In order to conclude the Sales Contract by intermediary of the Online Shop you should enter the shop.lavieskintherapy.com web site and make a choice of the Goods taking the subsequent technical actions on the basis of the announcements displayed to the Customer and information available on the web site. The choice of the ordered Goods shall be made by the Customer by adding them to the basket. While placing the Order – until you press a button, which confirms placing the Order – the Customer shall have a possibility to modify the entered data and the chosen Goods. For this purpose, you should follow the announcements displayed to the Customer and information available on the web site. After providing by the Customer, who uses the Online Shop any and all necessary data, there shall be displayed a summary of the placed Order. The summary of the placed Order shall contain, inter alia, a description of the chosen goods or services, total price and any other costs. In order to submit the Order, it shall be necessary to accept the content of the Terms & Conditions, provide personal data determined as mandatory and press the button, which confirms placing the Order. The information about the Goods provided on the Shop web sites shall constitute an offer, within a meaning of Art. 66 of the Civil Code. Submitting the Order by the Customer shall constitute a declaration of will in respect of concluding the sales contract with the shop.lavieskintherapy.com, according to the content of the Terms & Conditions. The Contract shall be deemed as concluded upon a receipt of the Customer’s Order do the IT system of the Online Shop, provided that a compliance of the order with the Terms & Conditions. After concluding the Contract, the customer shall receive an e-mail that contains a confirmation of any and all substantive elements of the Order. The Sales Contract shall be concluded in Polish, German or English with a content compliant to the Terms & Conditions. The Customers shall be able to get an access to these Terms & Conditions at any time by intermediary of the referral posted on the home page of the shop.lavieskintherapy.com service and download it, and print it out. Recording, protecting, providing access and confirming the substantive provisions of the sales Contract of the Goods to the Customer shall be made by submitting them to the Customer at the provided e-mail address and by attaching to a shipment that contains the Goods, a print-out of the confirmation and a specification of the order and the VAT invoice. Delivery The delivery of the Goods shall be limited to the European Union, the United Arab Emirates and shall take place at the address provided by the Customer while placing the Order. The delivery of the ordered Goods shall be performed by intermediary of: A courier company indicated within an order placing process. There is no option to collect the ordered Goods in our shop. The delivery costs shall be as follows: delivery costs shall depend on the target destination and shall be specified during a process of placing the Order. Furthermore, the delivery costs shall be indicated while placing the Order. The Order delivery date: Order lead time shall be determined within a process of placing the Order and it shall be counted from a day of submitting the Order by the Customer. The damages of the Goods made during the delivery. In case of a distance purchase by the Consumer our Shop shall always carry a risk of an occasional damage or loss of the goods during a transport. If the Goods are delivered with the obvious damages, made during the transport, we kindly ask you to report such a defect to the deliverer and contact us as quickly as possible. A delay in reporting such a complaint or proving a contact with us shall not result in any consequences with regard to your statutory claims and settling them, in particular with regard to your rights in respect of the implied warranty for defects (par. V of the Terms & Conditions). The quicker reporting of the noticed damages made during the transport shall be of assistance for us while asserting our own claims against a carrier or a transport insurer. VI. Prices and Payment Methods The prices of the Goods shall be determined in euro (EUR) and they shall include any and all constituents, customs duties and any and all other constituents. The Customer shall have a possibility to pay the price by making a payment: – in the PayPal system; – Przelewy24, Credit card. VII. Right of Withdrawal from the Contract Only the Customer, who is a Consumer shall be entitled to a 14-day term to withdraw from the contract. According to Art. 22 (1) of the Civil Code the Consumer shall be deemed as a neutral person who performs with the entrepreneur a legal action not related directly to the economic or professional activity conducted by him/her. Right of Withdrawal from the Contract You have a right to withdraw from this Contract within 14 days without giving any reason. The term for the withdrawal from the contract shall expire after 14 days from a date, when you have come into possession of the property or, on which the third person different than a carrier and indicated by you have come into possession of the property. In order to execute the right to withdraw from the contract, you should inform us (Dunevia GmbH, Lindenstraße 32, 15230 Frankfurt/Oder, Germany, firstname.lastname@example.org, about Your decision on withdrawing from the contract by an unambiguous declaration (for example, a letter sent by post, fax or electric means). You can use a Specimen of Notice of Withdrawal Form; however, it is not mandatory. You can also fill out and submit the Notice of Withdrawal Form or any other unambiguous declaration by electronic means by intermediary of our web site. If you use this possibility, we shall send you promptly a confirmation of receiving the information about the withdrawal from the contract on the read only data medium (for example, by electronic means). In order to adhere to the term of the withdrawal from the contract it shall be sufficient to submit the information related to the execution of the right to withdraw from the contract, to which you are entitled before an expiration of the term related to the withdrawal from the contract. Result of the Withdrawal from the Contract In case of withdrawing from this contract we shall return to you promptly any and all payments received from you, including the costs of delivering the items (excluding the additional costs resulting from the delivery manner chosen by you when it is different from the most inexpensive ordinary manner of delivery offered by us), and in each case not later than within 14 days from a day, on which we were notified about your decision on executing the right to withdraw from this contract. We shall refund the payment while suing the same manners of payment, which have been used by you during the original transaction unless you have explicitly agreed for the other solution; in each case you shall be not charged with any fees linked to this refund. We shall be able to withstand the payment until receiving the item or until delivering to us a receipt of its sending back, depending on whichever event occurs first. Please, send us back or transfer promptly, and in each case not later than within 14 days from a day, on which you have notified us about the withdrawal from this contract, the item or the mailing address for the returns. We shall bear the costs of the return of the item. You shall be only responsible for reducing of the item value resulting from using it in the other manner that it has been necessary to determine a nature, properties and functioning of the item. The right to withdraw from the contract by the consumer shall be excluded only in the case of: The contracts, which subject is a quickly perishable good or featuring a short expiry date. The contracts, which subject is an item delivered in a sealed package due to the health protection or hygienic reasons, if the package has been opened after the delivery. VIII. Complains related to the Goods Refers to the Customer, that is the Consumer: We shall be obliged to deliver the Goods free from defects. There shall be applicable a statutory law on liability for the defects of the sold property (implied warranty for the defects) within a scope determined in Art. 556 and Art. 556 (1) – 556 (3) and the subsequent ones of the Civil Code. The complaint shall be able to be lodged: – in the written form at the following address: Dunevia GmbH, Lindenstraße 32, 15230 Frankfurt/Oder, Germany – by electronic means: email@example.com – or while using a contact form available on the Shop web site. In case of executing the entitlements arising from the implied warranty – if only we deem it necessary to consider a complaint, you shall be obliged to deliver at our expense the defective goods at the specified mailing address. We shall undertake to consider the compliant promptly, not later than within 14 days from its lodging. We shall be liable in respect of the implied warranty if a physical defect is determined within two years from a day of releasing the Goods to You. In case, when a subject of the sales is the movable property, liability arising from the implied warranty shall be of one year from a moment of its releasing. It shall be recommended to include in the lodged compliant: (1) provide information related to the compliant subject, in particular a type and date of the defect occurrence; (2) determine a request related to a manner of eliminating the defect (replacement of the Goods for the new ones, repair of the Goods, reduction of the price, withdrawal from the contract – if the defect is material); and (3) provide the contact data of the person who lodges the compliant – it shall make easier and accelerate to settle the compliant by the Shop. The recommendations specified in the previous sentence shall be only the not binding guidelines and they shall not influence in any way effectiveness of the complaints lodged without providing the recommended information. Refers to the Customer, that is not the Consumer: The Customer, who is be not the Consumer at the same time shall be deprived of its entitlements arising from the implied warranty, if it has not tested the Goods within a period and manner adopted with the property of this kind and if it has not notified promptly the Seller about a defect, and in case when the defect comes out only later – if it has not notified the Seller promptly after its determination. In case when a notification about the defect is not submitted, the Goods shall be deemed as accepted. The above shall not be applicable in case of the fraudulent concealment of the defect by us. The compliant shall be able to be lodged in the written form at the Shop address and by the electronic means. IX. Additional Guarantees while Selling the Goods in the Shop The shop.lavieskintherapy.com is a manufacturer of the certain Goods available in the Shop. With regard to these Goods the shop.lavieskintherapy.com shall grant additionally a guarantee on the conditions and within a period specified in the guarantee card attached to the Goods. The shop.lavieskintherapy.com shall be independently liable for all Goods available in the Shop on the basis of the statutory provisions related to the implied warranty for the defects. The guarantee shall not exclude, limit nor suspend the entitlements of the Customer resulting from the provisions in respect of the implied warranty for the defects of the sold property. X. Complaints within a scope of rendering services by electronic means 1. The shop.lavieskintherapy.com shall make efforts in order to ensure a correct functioning of the Online Shope within such a scope, as results from the current technical knowledge and shall undertake to eliminate any and all irregularities reported by the Customers in the reasonable period. 2. The Customer shall be able to inform us about any irregularities or breaks in functioning the Online Shop service. Please, report the irregularities connected with functioning the Shop by electronic means at the following address: firstname.lastname@example.org 3. Please, specify a type and date of an occurrence of the irregularities in the compliant related to functioning the Online Shop service. 4. We shall undertake to settle a compliant promptly, not later than within 14 days from a date of lodging it. XI. Non-judicial manners of settling complaints and pursuing claims We shall inform that there is a possibility to use the non-judicial manners of settling complaints and pursuing claims. You shall be use them on a voluntary basis and it shall take place only after obtaining a mutual consent of both parties. – The Consumer shall be able to file an application to initiate proceedings related to the non-judicial alternative consumer’s dispute resolution with regard to the concluded Sales Contract to the Trade Inspection, pursuant to Art. 36 of the act of 15th December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25 as amended). – The Consumer shall be able to file an application to settle a dispute related to the concluded Sales Contract by the permanent arbitration court functioning at the proper provincial inspectorate of the Trade Inspection pursuant to Art. 37 of the Act of 15th December 2000 on the Trade Inspection (Journal of Laws of 2001 No. 4, item 25 as amended). – The European Commission shall also made available the online dispute resolution platform between the Consumers and the Entrepreneurs (ODR platform). It is available at the following address: http://ec.europa.eu/consumers/odr/. The detailed information related to a resolution of the consumer’s disputes, in that a possibility to use the non-juridical manners of complaint settling, pursuing the claims by the Consumers and the terms of getting access to these procedures are available in the registered offices and web sites of the provincial inspectorate of the Trade Inspection. XII. Final provisions Any and all disputes with the Consumers shall be settled by the court having local jurisdiction according to the applicable provisions of the Code of Civil Procedure. Resolving the possible disputes between the shop.lavieskintherapy.com and the Customer, that is not the Consumer shall be settled by the court having jurisdiction over our registered office. To all matters not settled herein provisions shall apply the applicable law provisions, in particular the provisions of the Act of 23rd April 1964 (Journal of Laws No. 16 item 93 as amended) and the Act of 30th May 2014 on the Consumer (Journal of Laws of 2014 item 827). In case of any conflicts between the provisions of these Terms & Conditions with the Customer’s rights and the provisions resulting from the generally applicable provisions, there shall be used the generally applicable provisions of the German law.