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Terms & conditions of the Love Me Green online store

 

§ 1

1. The www.love-me-green.com online store (hereinafter “Online Store”) is operated by Evolve spółka z ograniczoną odpowiedzialnością Spółka komandytowa, with its registered office in Piaseczno (hereinafter referred to as the “Seller”).

2. EVOLVE Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, with its registered office in Piaseczno, address: ul. Młynarska 23/55, 05-500 Piaseczno, is entered into the Register of Businesses kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register under the KRS number 428466, has a tax ID number of 123-127-19-98 and a REGON statistical number 146245524.

3. The Online Store is an online service used, in particular, to present products to Customers and for Customers to place orders for products. The following technical requirements must be satisfied in order to use the Online Store:

 

  • a computer of a class of at least Pentium 4, 1 GB RAM, 5 GB free disk space. Recommended configuration: computer with at least a dual core processor, 2 GB RAM, 10 GB free disk space;
  • Internet access - it is suggested that a broadband link is used with a throughput of at least 256 kbit/s;
  • Microsoft Windows (XP / Vista / 7 / 8) / Linux / Mac OS X operating system;
  • web browser (one of the following): Google Chrome, Internet Explorer 7 or higher (in the case of Internet Explorer, Windows Vista or higher operating system), Mozilla Firefox 2.0 or higher, Opera 8.0 or higher (with TLS 1.1 support activated), Safari 3.2.1 (min. version for Mac OS X 10. 5.6);
  • the web browser must have cookies and JavaScript support enabled, together with support for encrypted connections using TLSv1. In addition, the browser (internally, or through the use of the operating system library) must support SNI (Server Name Indication).

 

or

 

  • - tablet or smartphone with Android, iOS or Windows Phone operating system
  • - processor running at least at 1GHz (recommended at least dual core processor)
  • - at least 1 GB RAM
  • - web browser 
  • - the web browser must have cookies and JavaScript support enabled, together with support for encrypted connections using TLSv1. In addition, the browser (internally, or through the use of the operating system library) must support SNI (Server Name Indication).
  • - Internet access - it is suggested that a broadband link is used with a throughput of at least 256 kbit/s;

 

4. The Seller sells products through the Internet, especially cosmetics, in the course of its business activities. The rules of using the Online Store, including the principles of placing orders for products presented in the Online Store, paying the price of the products presented in the Online Store, supplying the products ordered to the Customer, the Customer’s rights to modify the order or withdraw from the contract, as well as the rules for submitting and reviewing complaints and claims are specified in these Terms and Conditions of the love-me-green.com Online Store (hereinafter “Terms and Conditions”).

5. The Love Me Green trademark is registered in the European Union, the Russian Federation and the USA.

6. The cosmetic products sold under the Love Me Green brand name are produced in France, in a professional laboratory holding the following certifications:

-          ISO 9001

-          ECOCERT

-          NOP (National Organic Product)

7. The cosmetic products produced under the Love Me Green brand name are produced and tested in accordance with the laws currently in force in the European Union (the Cosmetics Act of 30 March 2001 and later acts of law).

8. All Love Me Green products have been subjected to the following tests:

-          stability

-          dermatological

-          toxicological

-          microbiological

-          application

9. The Love Me Green cosmetic products are registered in the European CPNP system.

§ 2

1. Customers using the Online Store are required to read and observe the Terms & Conditions.

2. A Customer of the Online Store, in the meaning of the Terms and Conditions, is an adult who is legally capable of entering into binding contracts, a legal person or an unincorporated organizational unit, to which the provisions of the law grant legal capacity.

3. Information presented in the Online Store on the products does not constitute an offer in the meaning of the Polish Civil Code.

4. The Customer is required to refrain from any activities which can affect the proper functioning of the Online Store. In particular, it is prohibited to post illegal content in the Online Store and to interfere with the technical structure of this Store.

§ 3

1. A Customer may place orders for the products presented in the Online Store 7 days a week, 24 hours a day. The Seller reserves the right to make technical breaks during the operation of the Online Store when Customer orders will not be accepted.

2. The Customer may place orders after registering with the Online Store (setting up an account) and logging on to the Online Store or without the need to register with the Online Store, provided that he gives the data required for fulfilling the order. A Customer must have an e-mail account to register and place an order.

3. A Customer who has registered with the Online Store, i.e., has set up an account with the Online Store, entering the required information in the Online Store’s appropriate fields, is obliged not to disclose his login and password to his account in the Online Store. The Customer is liable for any actions related to the use of his password and login to the Online Store.

4. The condition for placing an order is the completion by the Customer of all the required fields specified by the Online Store. The placement of an order encompasses the following actions:

a)      choosing a product by clicking on “add to basket”;

b)      specifying the number of products ordered in “shopping basket” part of the Online Store;

c)      entering the Customer’s details which are required for fulfilling the order, including the address to which the order is to be delivered;

d)     choosing the method of payment from the forms provided by the web service acting as the agent for transferring payments between the Customer and the Seller (“Payment Service”);

e)      confirming the order by clicking on “place order”.

5. By placing an order through the Online Store, the Customer makes an offer to enter into a contract on the sale of the products contained in the given order.

6. After the Customer places the order by clicking on “checkout”, he is redirected to the Payment Service site to make the payment using the selected form of payment currently available in this Payment Service.

7. After the Seller receives the order and the confirmation of payment by the Customer sent by the Payment Service, the Seller shall send a confirmation of acceptance of the order to the e-mail address specified by the Customer. This confirmation of acceptance of the order is the Seller’s declaration that it accepts the Customer’s offer referred to in point 5. The offer expires if the Seller does not send this confirmation of acceptance of the order to the Customer within 14 days of the date of receipt of the order. In the situation described in the preceding sentence, if the Customer has made payment for the order, the money is returned within the deadline referred to in § 9, point 1.

8. If the Seller cannot fulfil the order because it does not have the product ordered by the Customer, the Seller shall notify the Customer of this via the e-mail address specified in the order no later than 30 days from the date of entry into the contract. If the Customer has previously paid for an order which cannot be fulfilled, the Seller shall return the money paid forthwith, no later than within 14 days from the date of notifying the Customer in the procedure specified in the foregoing sentence.

9. If it is not possible to fulfil a part of the order, in particular because of a lack of stock of specific products, the Seller shall notify the Customer of this via the e-mail address specified in the order, proposing the following options to the Customer at the Customer’s choice:

a)      the partial fulfilment of the order, which, if chosen, results in the fulfilment of the specified part of the order and the release of the Seller from the obligation to fulfil the remainder of the order; in such a case, the Seller shall refund the appropriate amount to the Customer, if the Customer has already paid for the order,

b)      the cancellation of the whole of the order, which, if chosen, results in the release of the Seller from the obligation to fulfil the whole order; in such a case, the Seller shall refund the money to the Customer, if the Customer has already paid for the order.

In the cases described in points a) and b), the money shall be refunded forthwith, but no later than within 14 days of the date on which the Seller is informed by the Customer as to his choice of the proposed options. The lack of receipt by the Company of information from the Customer within 3 days of the date on which the Seller sends the above notice shall result in the release of the Seller from the obligation to fulfil the order; in such a case, the Seller shall refund the money to the Customer if the Customer has already paid for the order.

10. The prices of the products presented in the Online Store are expressed in Polish zlotys (PLN) and include VAT. The price given beside the product does not include delivery costs.

11. When accepting the Customer’s offer, the Seller is bound by the price of the product which is specified at the time the Customer places the order for the given product.

12. A VAT invoice shall be issued by the Customer for the products sent by the Seller, which are contained in the order.

13. The Seller reserves the right to verify the order and to refuse to fulfil it in the event of reasonable doubts arising as to the authenticity of the data contained in the order or the Customer’s prior lack of acceptance of deliveries or the failure to pay for the order placed on the Seller.

14. The Seller reserves the right to ask the Customer to confirm the order, as well as to send the Customer information on progress in the fulfilment of the order.

§ 4

1. The Customer may modify the order which has been placed or withdraw from it by sending the Seller a declaration specifying this by e-mail no later than up to the time of dispatch of the consignment with the item(s) ordered. Modifications to the order may apply to:

a)      a change in the quantity of products ordered,

b)      the cancellation of specific products constituting the subject matter of the order,

c)      a change of address to which the order is to be delivered.

2. In the case of any changes to the content of the order resulting in a reduction in its value or withdrawal from the order, for which the Customer has already made payment, the Seller shall refund the respective part of the price to the Customer within the deadline referred to in § 9, point 1, of the Terms and Conditions.

§ 5

1. Payments for orders may only be made through the Payment Service. Order fulfilment shall start after the Seller receives confirmation that payment has been properly made for the order.

2. In the event of the failure to make payment for the order in the procedure and at the time specified in the terms and conditions of the Payment Service, the order placed by the Customer shall expire.

3. The timing for preparing the order for shipment is up to 3 business days from the moment of acceptance of the order for fulfilment by the Seller in the procedure of § 3, point 7 to the moment of dispatch of the consignment.

4. In the case of orders for several products which are to be included in a single consignment, the lead time for fulfilling the order depends on the time required for allocating all the products ordered by the Customer, unless the Seller and the Customer agree otherwise and decide to make partial shipments.

5. The time required for the shipment of the order by a courier of up to 5 business days should be added to the lead time referred to above in point 4.

 

§ 6

1. Deliveries of orders shall be made to addresses on the territory of the European Union.

2. The costs of shipment of orders of a value of more than EURO 35 to a single address shall be borne by the Seller.

3. Orders shall be shipped by the German post, to the address specified by the Customer.

4. Subject to point 2, the Customer shall bear the cost of shipment of the order, which is specified in the Online Store when the order is being placed. Placement of the order means acceptance of the shipment cost of EURO 9.00.

5. The Customer is required to check the consignment at the time of its receipt. In the event of finding any damage to or loss in the consignment, a record of the loss or damage must be made in the document accompanying the consignment or in a protocol. In the situation described in the foregoing sentence, the Seller must be informed of the loss or damage found in the consignment by e-mail.

§ 7

1. The Customer, who is a consumer in the meaning of Article 221 of the Polish Civil Code, i.e., a natural person making purchases in the Online Store which are not directly related to his business or occupation, is entitled to withdraw from a contract entered into with the Seller, without giving reasons, within 10 days of the date of handover of the items, i.e. receipt of the delivery encompassing the products constituting the subject matter of the order. In order to meet the above deadline, it is sufficient to send a withdrawal declaration before that deadline.

2. The right of withdrawal, to which point 1 refers, does not apply to the cases referred to in Article 10, para. 3 of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000.

3. The provision of Article 10, para. 3 of the Act stipulates that, unless otherwise provided for, the consumer is not entitled to the right to withdraw from a contract in the following cases:

a)      the provision of services which started, with the consumer’s consent, before the expiry of the period referred to in Article 7, para. 1 of the Act referred to in point 2;

b)      regarding audio and visual recordings and recordings stored on IT media after the consumer’s removal of their original packaging;

c)      contracts relating to performances, for which the price or fee depends exclusively on price movements on the financial market;

d)     performances with properties specified by the consumer in the order placed by or strictly related to the consumer;

e)      performances which, because of their nature, cannot be returned, or the subject matter of which rapidly deteriorates;

f)       the supply of press;

g)      gambling services.

4. In order for a Customer to withdraw from a contract, he must send a statement on this within the deadline specified in point 1 to the Seller’s address:

 EVOLVE Spółka z ograniczoną odpowiedzialnością Spółka komandytowa

 Magazyn DPD Polska

 ul. Mineralna 15

 02-274 Warsaw

5. In the event of withdrawal from the contract, the contract shall be deemed not to have been entered into, while the consumer is released of all liability. Whatever the parties have provided shall be returned in an unchanged condition, unless the change was necessary within the limits of normal management. The products must be returned forthwith, no later than within fourteen days, to the address specified above in point 4.

6. Products returned in connection with the Customer’s withdrawal must be complete, not destroyed and in their factory packaging.

7. In the case of withdrawal by the Customer from the contract, the money paid by the Customer as the price and the cost of shipping the order to the Customer (if the Customer has incurred the shipping cost), shall be refunded in accordance with the applicable laws within the deadline specified in § 9, point 1, of the Terms and Conditions.

8. In the event of the Customer’s withdrawal from the contract, the Seller shall bear the costs of shipping the product from the Customer to the Supplier, if the return is made by the courier firm, DPD Polska Sp. z o.o. In the event that the Customer returns the product in a manner other than in the foregoing sentence, the Customer shall bear the cost of returning the product.

9. The Seller shall not accept consignments returned by the Customer with costs collected on delivery.

§ 8

1. The Customer, who is a consumer in the meaning of § 7, point 1 of the Terms and Conditions, is entitled to file complaints and claims related to the contract entered into with the Seller in accordance with the provisions of the Act on the specific terms and conditions of consumer sales and amendments to the Polish Civil Code of 27 July 2002. The provisions of points 2 - 5 below shall apply to complaints and claims by a Customer who is a consumer.

2. The Seller shall be liable to the Customer if the product is inconsistent with the contract at the time of dispatch.

3. The Customer is entitled to file a complaint within two years of the date of dispatch of the product to the Customer, on condition that the Seller is notified of the lack of compliance of the product with the contract within two months of finding such non-compliance.

4. In the event of finding a a defect in the product, the Customer shall notify the Seller at the address specified in § 7, point 4 of these Terms and Conditions and shall return the product to which the complaint applies to that address and, if possible, proof of its purchase. When filing a complaint, the Customer may use the complaint form posted in the Online Store’s website.

5. The Seller shall respond to the Customer’s demands within 14 days of the date of receipt of the complaint and the product to which the complaint applies. If the Seller accepts the complaint filed by the Customer, the Seller shall repair or replace the product with respect to which the complaint is filed with a new product. Should it not be possible to repair or replace the product or if this requires excessive costs, the Seller shall refund the price paid by the Customer for the product to the Customer.

6. The rules arising from the provisions of the Polish Civil Code shall apply to a Customer, who is not a consumer in the meaning of Article 221 of the Polish Civil Code, with regard to claims related to any product defects.

§ 9

1. Unless the Terms and Conditions provide otherwise, in cases in which grounds arise for a refund of the payments made by the Customer, the Seller shall make the refund within 7 business days.

2. The refund shall be made to the bank account from which payment for the order was made.

3. If it is not possible to identify the bank account from which payments for the order were made, the refund shall be made to a bank account which the Customer may specify to the Seller or by postal order to the address provided by the Customer when placing the order.

§ 10

1. When registering an account with the Online Store or when providing the data required for the fulfilment of the order in the case of placing orders without registration in the Online Store, the Customer agrees to the Seller processing his personal details, which are provided to the Seller for the purpose of fulfilling the contract.

2. The Customer’s personal details shall be stored in the Seller’s data set and shall be protected in accordance with the provisions of the Personal Data Protection Act of 29 August 1997. The Customer is entitled to access, change or correct his details, as well as object to his details being processed.

3. The provision of personal details by the Customer is voluntary.

4. The Data Administrator is EVOLVE Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, with its registered office in Piaseczno (address: ul. Młynarska 23/55, 05-500 Piaseczno).

5. The Seller points out that the Customer’s failure to provide the personal details required for fulfilling the order results in the inability of the Online Store to fulfil the order.

6. In order to deliver the order to the Customer, the Seller shall provide the Customer’s personal details to the necessary extent to the courier firm making the deliveries.

7. The Customer’s personal details may be processed for marketing purposes after the Customer agrees to this.

8. The Seller may send commercial information to the Customer electronically, if the Customer agrees to receive such information. The Customer may withdraw from receiving commercial information from the Seller at any time by sending a declaration to the Seller by e-mail.

9. The Online Store uses cookies to monitor how the Online Store is used. The Customer may change his browser settings such that cookies are not accepted or that he is informed of their presence. The Seller declares that the failure to accept these files can cause difficulties in the use of the Online Store by the Customer.

§ 11

1. The placement of an order requires the acceptance of the Terms and Conditions by marking the appropriate field in the Online Store.

2. The inclusion of information on the products presented in the Online Store does not mean that all the products presented are available at all times and they may be shipped.

3. The Seller shall not be held liable for the incorrect fulfilment of orders, delays or the inability to deliver, if this is a consequence of the Customer providing erroneous or incomplete data to the Seller.

4. The Seller shall not be held liable for transactions made by unauthorized third parties as a result of obtaining the login/password to the Customer’s account due to Customer’s failure to keep this data confidential or by the Customer’s failure to take care when securing this data.

5. The Seller shall not be held liable for mail server administrators blocking the e-mail address provided to the Seller by the Customer, as well as for the deletion or blocking of messages sent to the Customer by e-mail by software installed on the computer used by the Customer.

6. Any disputes arising from sales contracts entered into by the Seller and the Customer within the Online Store shall be settled by a common court of law with the appropriate geographical and subject matter jurisdiction.

7. These Terms and Conditions are valid from 1 April 2013.

8. The Seller is authorized to amend the Terms and Conditions. Any amendments to the Terms and Conditions shall take effect on the date specified by the Seller, however, no earlier than 7 days from the date on which the new wording of the terms and conditions is posted in the Online Store.

9. The provisions of the terms and conditions in force on the date on which the Customer placed the order in the Online Store shall apply to orders placed before the validity of the new wording of the terms and conditions.

10. Matters not regulated by these Terms and Conditions shall be subject to the provisions of Polish law, in particular the Polish Civil Code, the Act on the specific terms and conditions of consumer sales and amendments to the Polish Civil Code of 27 July 2002, as well as the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000.

11. The applicable language for using the Online Store, including the Customer’s entry into a contract with the Seller, is English.

 

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