Terms and Conditions

REGULAMIN

Terms and Conditions of the online shop - www.buycrestwhitestrips.com

I. General Provisions

  1. The present Terms and Conditions define general rules, the provisions of services by electronic means and sales conducted via the Online Shop www.buycrestwhitestrips.com. The activity is carried out in Poland.

Diamond

Kacper Sikorski

ul. Koncertowa 7/93B

20-843 Lublin

NIP: 712 316 29 56

REG: 361 218 328

  1. The customer may contact the Seller via:

    1. the e-mail adress contact@buycrestwhitestrips.com;

    2. the contact form of the website;

    3. the chat on the website.

  2. The present Terms and Conditions are continuously available on the website www.buycrestwhitestrips.com and may be accessed, displayed and recorded by printing it our or saving on an electronic storage medium at any time.

  3. The Seller informs that the use of the electronic services may involve a threat on any Internet user by introducing the malicious software into the IT system of the Customer and by obtaining and modifying his or her data by unauthorized persons. To avoid the above-mentioned risks, the Customer should apply appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.

II. Definitions

The terms used in the present Terms and Conditions shall mean:

  1. Business days - these are days from Monday to Friday, excluding statutory holidays;

  2. Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, is granted legal capacity and which orders within the Online Shop or uses other Services available in Online Shop;

  3. Civil Code - the Act of 23 April 1964 (Polish Journal of Laws No. 16, item 93, as amended);

  4. Account - a part of the Online Shop that is assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Shop;

  5. Consumer - a customer who is a consumer within the meaning of the Art. 22 [1] of the Civil Code;

  6. Entrepreneur - a customer who is an entrepreneur within the meaning of the Art. 43 [1] of the Civil Code;

  7. Terms and Conditions – the present document

  8. Goods - a product presented in the Online Shop with the available description;

  9. Contract of sales – The Contract of sales of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

  10. Services - services provided by the Seller to Customers via electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Polish Journal of Laws No. 144, item 1204, as amended);

  11. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Polish Journal of Laws 2014, No. 827);

  12. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Polish Journal of Laws No. 144, item 1204, as amended);

  13. 13. Order - Customer's declaration of will, aimed directly at the conclusion of the Contract of sales, specifying in particular the type and number of the Goods.

III. Conditions regulating the use of the Online Shop

  1. The Customer may use the Online Shop if the IT system on his or her device fulfills the following minimum technical requirements:

    1. a computer or a mobile device with an access to the Internet,

    2. an access to the electronic mail,

    3. an Internet browser Internet Explorer 11 or newer, Firefox 28.0 or newer, Chrome 32 or newer, Opera 12.17 or newer, Safari 1.1. or newer,

    4. enabling cookies and Javascript in the browser.

  2. The use of the Online Shop means any activity of the Customer, which leads to acquisition with the content contained in the Shop.

  3. The Customer is obliged in particular:

    1. not to provide or multiply the content prohibited by law, e.g. content that promotes violence, defamations or violates personal rights and other rights of third parties,

    2. to use the Online Shop in a way that it does not interfere with its functioning, in particular through the use of specific software or devices,

    3. no to take actions such as: sending or posting unsolicited commercial information within the Online Shop (spam),

    4. to use the Online Shop in a way that it is not inconvenient for other Customers and for the Seller,

    5. to benefit from of all the content posted on the Online Shop only for personal use,

    6. to use the Online Shop in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

  2. The Customer may manage his or her Account once he registers on the website. The registration is done by completing and accepting the registration form, available on one of the websites of the Online Shop. The contract for the provision of a service consisting in having an Account in the Online Shop is concluded for an indefinite period of time and terminates when the Customer requests to delete the Account or uses the "Delete Account" button.

  3. The Customer has the possibility to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter). For this purpose, the Customer should provide a valid e-mail address or activate the appropriate field in the registration form or the Order form. The Customer may at any time withdraw his or her consent to the transmission of commercial information. The contract for the provisions of the Newsletter service is concluded for an indefinite period and terminates when the Customer requests to remove his e-mail address from the Newsletter base or unsubscribe using the link contained in the message sent as part of the Newsletter service.

  4. The Seller has the right to organize occasional competitions and promotions, the terms of which will always be provided on the Shops's website. Promotions in the Online Store cannot be combined, unless the Terms and Conditions of a given promotion state otherwise.

  5. In the event of a breach by the Customer of the provisions of the present Terms and Conditions, the Seller, after the prior ineffective call to stop or remove violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Conclusion of the Contract of sales

  1. Information on the Goods provided on the Shop's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Contract, within the meaning of the Art. 71 of the Civil Code.

  2. All Goods available in the Online Shop are brand new, free from physical and legal defects and have been legally placed on the Polish market.

  3. The condition for placing the Order is to have an active e-mail address.

  4. In the case of placing orders via the Order form available on the Online Shop website, the Order is submitted to the Seller by the Customer in an electronic form and constitutes an offer to conclude a Contract of sales of Goods being the subject of the Order. An offer submitted in an electronic form is binding for the Customer, if the Seller sends a confirmation of its acceptance to the Customer's e-mail address, which is a statement of the Seller accepting the Customer's offer and when the Customer receives it, the Contract of sales is concluded.

  5. The sales contract is concluded in English, with the content in accordance with the Terms and Conditions.

VI. Delivery

  1. 1. The delivery of the Goods is limited to the territory of the European Union countries and the Goods are shipped to the address indicated by the Customer while placing the Order.

  2. The Customer may choose the following forms of delivery of the ordered Goods:

    1. through a courier company;

    2. via the postal services;

  3. On the Shop's websites, the Seller informs the Customer in the description of the Goods on the number of Business Days needed to execute the preparation of the Order and its delivery, as well as the amount of shipping fees.

  4. The period of delivery and execution of the Order is counted in Business Days in accordance with section VII point 2.

  5. The Seller, in accordance with the Customer’s will, delivers a receipt or an invoice containing the delivered Goods.

  6. If the Goods in the Order have different periods of preparation and delivery, the longest period if effective for all the Goods ordered.

VII. Prices and payment methods

  1. Prices of goods are given in sterling and include all necessary components such as VAT, customs and other charges.

  2. The customer can choose the following payment methods:

    1. a bank transfer to the Seller's bank account (in this case the Order will be processed once the Customer receives the confirmation of the Order, and shipped immediately after the reception of the payment to the Seller's bank account and the completion of the Order);

    2. payment in cash on personal collection - payment at the Seller's personal collection point (in this case, the Order will be processed once the Seller has sent the confirmation of the acceptance of the Order, and the Goods will be issued at the Seller's personal collection point);

    3. payment in cash on delivery, payment to the courier company on delivery (in this case, the Order will be shipped once the Sellers sends the confirmation of the order and its completion);

    4. electronic payment (in this case, the preparation of the Order begins once the Customer receives the confirmation of the Order and the Seller receives the information from the paying agent system about the payment by the Customer, the shipment is made immediately after completing the Order).

  3. On the Shop's websites, the Seller informs the Customer about the period in which he or she is obliged to make the payment for the Order. If the Customer fails to pay by the deadline referred to in the previous sentence, the Seller, after previous ineffective payment demand with the appointment of an appropriate deadline, may withdraw from the Contract pursuant to the Art. 491 of the Civil Code.

  4. Payments are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278.



VIII. Withdrawal from the Contract

  1. The Customer who is a Consumer may withdraw from the Contract without providing any reasons, by submitting an appropriate declaration within 14 days. To comply with this deadline, it is enough to send a statement before its expiry.

  2. The Customer may formulate a statement on his or her own or use the model statement of withdrawal from the Contract, which constitutes the Annex No. 1 to the Terms and Conditions.

  3. The 14-day period is counted from the day on which the Goods are delivered or, in the case of the Contract for the provision of Services from the day of its conclusion.

  4. Upon receipt of a declaration of Consumer’s withdrawal from the Contract, the Seller sends to the Consumer’s e-mail address the confirmation of receipt of his or her withdrawal from the Contract.

  5. The Consumer cannot use his right to withdraw from the Contract in case of:

    1. the provision of services, if the Seller provided full service with the Consumer's prior express consent and the Consumer was informed before the provision of service that after the completion of service by the Seller, he or she loses his right to withdraw from the Contract;

    2. the Contract in which the price or remuneration depends on financial market fluctuations over which the Seller has no control, and which may occur before the withdrawal period has expired;

    3. the Contract in which the object of the provision are non-prefabricated Goods, manufactured according to the specification of the Consumer or aiming at satisfying his individual needs;

    4. the Contract in which the object are Goods that are liable to deteriorate or expire rapidly;

    5. the Contract in which the object are Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

    6. the Contract in which the object are Goods which after delivery, due to their nature, are inseparably connected with other items;

    7. the Contract in which the object are alcoholic beverages, the price of which was agreed at the conclusion of the Contract of sales and which can be delivered only after 30 days and whose value depends on market fluctuations over which the Seller has no control;

    8. the Contract in which the Consumer explicitly requires the Seller to provide an urgent repair or maintenance; if the Seller provides additional services other than those demanded by the Consumer, or supplies Goods other than spare parts necessary to perform the repair or maintenance, the Consumer is granted the right to withdraw from the Contract with in terms of additional services or Goods;

    9. The contract in which the object are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; the delivery of newspapers, periodicals or magazines, with the exception of the Subscription Contract;

    10. the Contract concluded through a public auction;

    11. the Contract for the provision of accommodation, other than for residential purpose, transport of goods, car rental services, catering or services related to sports, cultural and leisure activities, if the contract provides for a specific date or period of performance;

    12. the Contract for the supply of digital content that is not recorded on a tangible medium, if the its provision began with the Consumer's express consent before the withdrawal period and after informing the Seller about the loss of the right to withdraw from the Contract.

  6. In the event of withdrawal from the distance Contract, the Contract is considered void. The services rendered by the parties are returned in an unchanged form, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller's address.

  7. The Seller should immediately, but no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract, return to the Consumer all payments made by him or her, including shipping fees. The Seller should refund the payment using the same method of payment as the one chosen by the Consumer, unless the Consumer agrees to a different method of return and this method doest not require the Consumer to incur any cost. The Seller may withhold reimbursement of payment received from the Customer until receipt of the Goods or the evidence that it has been returned by the Customer, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer in person.

  8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

  9. The Customer incurs only the direct cost of returning the Goods, unless the Seller has agreed to incur this cost.



IX. Claims on warranties for the Goods

  1. The Seller is obliged to deliver the goods free of defects.

  2. The Seller is liable to the Customer, including the Customer who is a Consumer against warranties in accordance with the Article 556-576 of the Civil Code.

  3. Claims arising from the infringement of the rights of the Customer guaranteed by law and the present Terms and Conditions should be adressed to: BuyCrestWhitestrips, ul. Koncertowa 7 / 93B, 20-843 Lublin POLAND, to the following e-mail address: contact@buycrestwhitestrips.com or phone number +48 514 589 393.

  4. In order for the claim to be considered, the Customer should send or deliver the Goods being subject of the claim, if it is possible by attaching the proof of purchase. The Goods must be delivered or sent to the address indicated in point 3.

  5. The Seller is obliged to investigate the claims within 14 days.

  6. If the claim lacks important information, the Seller will call the Customer to complete it as soon as possible, but no later than within 7 days from the day of receipt of the request.

X. Claims on the provision of services by electronic means

  1. The Customer may address claims to the Seller concerning the functioning of the Shop and using Services. The claims should be submitted to: BuyCrestWhitestrips, ul. Koncertowa 7 / 93B, 20-843 Lublin POLAND, to the following e-mail address: contact@buycrestwhitestrips.com or phone number +48 514 589 393.

  2. The claim should contain the Client’s first and seconds name, correspondence address, type and description of a problem.

  3. The Seller is obliged to investigate the claims within 14 days and if it is not possible to inform the client when the claim will be investigated. If the claim lacks important information, the Seller will call the Customer to complete it as soon as possible, but no later than within 7 days from the day of receipt of the request.

XI. Guarantees

  1. The Goods may be subject to manufacturer's guarantee.

  2. If the Goods are covered by the guarantee, the information on its existence, conditions and duration is always presented in the description of the Goods on the Shop’s websites.

XII. Out-of-court means for dealing with claims

  1. The Customer who is a Consumer has, among others the following possibilities of using out-of-court means of dealing with claims:

    1. The Customer may address his claim using the European ODR platform: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal dats



Personal data provided by the Customers are collected and processed by the Seller in accordance with the applicable law and in accordance with the the Privacy Policy, which constitutes Annex 2 to the Terms and Conditions.



XIV. Final provisions

  1. All rights related to the running the Online Shop, including proprietary copyrights, intellectual property rights to its name, internet domain, website, as well as to the presence of forms and logos, belong to the Seller and may be used only in compliance with­ the rules set in the Terms and Conditions.

  2. The resolution of any disputes arising between the Seller and the Customer, who is a Consumer, is referred to the competent court in accordance with the relevant regulation of the Code of Civil Procedure.

  3. The resolution of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is referred to the court competent for the Seller’s seat.

  4. All issues which are not provided for in the present Terms and Conditions, provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law should apply.

  5. Each Customer should be informed about any changes to the present Terms and Conditions through information on the home page of the Online Shop containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about all changes via e-mail indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their publication. In the event that the Customer who has an Account does not accept the new content of the Terms and Conditions, he or she is obliged to notify the Seller about this fact within 14 days since their proclamation. The notification the lack of acceptance of the new Terms and Condition results in the resolution of the Contract.

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