§1 General provisions and definitions

  1. Shop – SWEETPEARLS ® online shop, available at the following address: www.sweetpearls.eu. The Shop is run by Business Art Accountancy Agata Hofman, with its registered office at Al. Jana Pawła II 11, 00-828 Warsaw, Poland, registered in the Central Registration and Information on Business; tax identification number (NIP) 118-058-06-65, National Business Registry Number (REGON) 015154734 (hereinafter: Shop or Seller).
  2. Terms and Conditions – SWEETPEARLS ® Terms and Conditions containing rules and regulations governing the use of the Shop.
  3. Products – Movable property which is the subject of the Remote Sales Agreement with the Shop.
  4. Order – Buyer’s declaration of will in the form set out later in these Terms and Conditions. It constitutes the offer to enter into a Remote Sales Agreement with the Seller for the sale of Products via the Shop, and it includes information about the type and quantity of Products being ordered.
  5. Buyer – A natural person aged 18 or above (consumer), a legal person or an organizational unit that does not constitute a legal person, possessing the legal capacity resulting from the specific rules, who intends to place an Order or has placed an Order for the products offered in the Shop.
  6. Agreement – Remote Sales Agreement, as defined in the Act on Consumer Rights, or Sales Agreement, as defined in the Polish Civil Code.
  7. Working Day – Every day from Monday to Friday, excluding public holidays in Poland.
  8. Supplier – An entity or a person acting on behalf of the entity supplying the Products ordered from the Shop to the Buyer.
  9. Act – The Act on Consumer Rights as of May 30th, 2014 (as amended).
  10. The Shop deals with distance selling of products available at www.sweetpearls.eu. The sale is conducted in accordance with these Terms and Conditions.
  11. Products presented at www.sweetpearls.eu shall not constitute an offer as stipulated in the Polish Civil Code, however, they shall be treated as an invitation for the Buyer to submit offers.

§2 Placing an Order, entering into the Sales Agreement

  1. The Buyer may submit orders 24 hours a day, 7 days a week, excluding periods of unavailability of the www.sweetpearls.eu website and periods provided in the notifications posted on the www.sweetpearls.eu website.
  2. The Buyer is required to read and accept these Terms and Conditions in order to place an Order.
  3. To place an Order, the Buyer shall choose Products on the www.sweetpearls.eu website and specify their quantity following the information displayed on the page.
  4. Confirmation of the acceptance of the Order for processing constitutes a Sales Agreement between the Shop and the Buyer.
  5. The Shop sends the confirmation of acceptance of the Order within five working days following the receipt of the Order. If the confirmation of acceptance of the Order is not received in the period specified above, it shall be understood that the Shop did not receive the Order due to reasons beyond the Shop’s control.
  6. The confirmation of acceptance of the Order is sent to an email address specified by the Buyer when placing the Order.
  7. After confirming the order, the Shop reserves the Products ordered by the Buyer and sends them to the address indicated by the Buyer as soon as the payment is registered on the Shop’s bank account.
  8. The Shop shall make every effort in order to ensure availability of Products presented on the www.sweetpearls.eu website, however, it reserves the right to complete the Order in part, if not all ordered Products are available in the Shop. If this is the case, the Shop shall immediately inform the Buyer about the non-availability of specific Products and the estimated date of their availability. What is more, the Shop shall offer to complete the Order in part, to complete the Order at a later date, taking the date of the Products availability into account, or, at the Buyer’s request, to cancel the Order in full. Such a cancellation of the Order shall also constitute a cancellation of the Agreement, and the Buyer shall be entitled to receive a full refund of the costs incurred in connection with this Order. Such a message will be passed to the Buyer in the same way as he/she received the confirmation of his/her Order.

§3 Prices, Payments, Product Delivery

  1. Prices of Products available on the www.sweetpearls.eu website include VAT.
  2. Prices of Products do not include delivery costs. Products’ delivery costs depend on the type of Products ordered, their quantity, and the selected shipping method. Delivery cost will be stipulated during the placing of an Order, and added to the overall value of purchased Products.
  3. The Shop reserves the right to amend the price of Products. This right does not impact the price of Products included in the order placed before such change of price.
  4. Payment for the ordered Products can be made in the following ways:
    1. Via a wire transfer (prepayment) to the account specified in the Order confirmation,
    2. or otherwise, if it is allowed and stipulated on the www.sweetpearls.eu website.
  5. The Buyer who is simultaneously a consumer and who receives the shipping from the Supplier shall check the received Products for compliance with the Order, as well as possible damages that occurred in transport. In case of any mechanical damage to received Products or their non-compliance with the Order/partial Order, the Buyer is entitled to refuse to accept the shipment. The Buyer shall procure a damage protocol which should be signed by the Supplier and the consumer. A copy (scan) of the damage protocol shall be immediately sent to the Shop.
  6. The Buyer who is not a consumer is obliged to check the content of the shipment at the time of receipt from the Supplier. In case of any damage, he/she is obliged to inform the Supplier about this fact and procure a damage protocol in which the damage and actual content of the shipment shall be described. A copy (scan) of this Protocol signed both by the Buyer and the Supplier shall be sent to the Shop without undue delay. Complaints relating to mechanical damage occurring during transport shall only be processed on the basis of the above mentioned protocol.
  7. The Shop places the sales note confirming the purchase (a receipt or an invoice) in the shipping box. An invoice may be sent to the email address provided by the Buyer, unless he/she clearly states that it should be delivered in paper form.

 

§4 Responsibility of the Seller, Complaints

  1. The Seller shall bear responsibility for Products under the warranty.
  2. A complaint may be filed electronically. It shall be sent to reklamacje@sweetpearls.eu .
  3. The Buyer has the right to demand a reduction in the purchase price or withdraw from the Agreement, unless the Seller replaces the defective Products with Products free from defects, or repairs defects without undue delay and inconvenience to the Buyer. This limitation shall not apply if Products have already been replaced or repaired by the Seller, or the Seller have not replaced the defective Products with Products free from defects, nor repaired the defects.
  4. The Seller shall examine the complaint within 14 days from the date of its receipt. If the Seller does not express their view on the filed complaint, the complaint shall be deemed accepted.
  5. The Buyer is obliged to send the claimed Products back to the Shop. The return of the Products should take place immediately, not later than within 14 days.
  6. The Shop shall bear the costs of shipping new Products to the Buyer or remedying non-conformance of Products in the event of accepting the complaint.
  7. The Shop takes responsibility for product defects pursuant to applicable provisions of law. In case of a sale which is not a consumer sale, warranty provisions stipulated in the Polish Civil Code shall be excluded.

 

§5 Withdrawal from the Agreement

  1. The Buyer has the right to withdraw from the Agreement within 14 days without giving any reason.
  2. The right of withdrawal shall expire after 14 days from the date when the Buyer acquired physical possession of the ordered products/last of the ordered products/last part of the ordered products delivered under a given Agreement, or shall expire after 14 days from the date when a third party, other than a carrier (other than the Supplier), indicated by the Buyer, acquired physical possession of the ordered products/last of the ordered products/last part of the products delivered under a given Agreement.
  3. In order to exercise the right to withdraw from the Agreement, the Buyer shall inform the Seller about his/her decision. For this purpose, the Buyer shall send an unequivocal statement stating his/her decision to withdraw from the Agreement to the following address: office@sweetpearls.eu . If the Buyer exercises this right, the Seller will immediately send an acknowledgement of receipt of the withdrawal from the Agreement to the email address used by the Buyer to send his/her decision to withdraw from the Agreement.
  4. The Buyer may use the model withdrawal form, however it is not mandatory. If the Buyer does not use the model withdrawal form, he/she is obliged to send at least the information required in this form.
  5. In order to meet the withdrawal deadline, the Buyer has to send the information about exercising his right to withdraw from the Agreement before the expiry of the withdrawal deadline.
  6. In case of withdrawal from a Remote Sales Agreement, such Agreement is considered to be unconcluded.
  7. If the Buyer had provided his/her decision about the withdrawal from an Agreement before the Seller accepted his/her offer, the offer shall be deemed invalid.
  8. The Buyer is obliged to immediately return the Products to the Seller or hand them over to the person authorized by the Seller to collect the Products, however not later than 14 days from the date of withdrawal from the Agreement, unless the Seller offered that he/she will collect the Products himself/herself. To comply with the deadline, it is enough to send the Products before its expiration. The Products should be packed in such a way as to protect them during transport.
  9. The Buyer bears the costs of sending the Products back to the Seller.
  10. The Buyer is liable for decrease of the value of the Products resulting from their use in a way other than necessary to establish the nature, characteristics and functioning of the Products.
  11. In the event of withdrawal from the Agreement, the Shop refunds all payments received from the Buyer, including any costs connected with the delivery of the Products (excluding additional costs resulting from the method of shipping chosen by the Buyer, different from the cheapest way of delivery offered by the Shop), without undue delay, and in any event not later than within 14 days from the date on which the Shop was informed about the Buyer’s decision to withdraw from the Agreement. Reimbursement will be made to the Buyer using the same method of payment as the Buyer used for the initial transaction, unless he/she expressly consents to another solution. In any case, the Buyer does not incur any fees as a result of such reimbursement.
  12. The Shop may withhold the reimbursement until it has received the Products or receipt of evidence of having sent back the Products, whichever occurs earlier.
  13. In the event of the withdrawal from the Agreement, the Buyer is obliged to send received Products back to the Seller’s address without undue delay, and in any event not later than within 14 days from the date on which the Buyer informed the Seller about his/her decision to withdraw from the Agreement. The deadline is met if the Buyer sends the Products back to the Seller within 14 days.
  14. The right to withdraw from an Agreement does not apply in situations stipulated in Article 38 of the Act, i.e. particularly with regard to agreements the object of which is the supply of non-prefabricated Products made as per individual specifications provided by the Buyer.
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