Store terms and conditions in force since 5.11.2017
- General Information
- Registration and Ordering Conditions
- Right to Withdraw from the Contract
- Personal Data Protection
- Provision of Online Services
- Complaints and Returns
- Final Provisions
I. General Information
These terms and conditions regulate placement of orders with the D’ALCHEMY Online Store at: https://dalchemyskincare.com
The online store can be contacted at the correspondence address: Office of D’ALCHEMY Sp. z o.o., ul. Batalionu Platerówek 3, 03-308 Warszawa (budynek B7, II piętro); at the registered office’s address given below, e-mail address: firstname.lastname@example.org and by telephone to +48500032010 Whenever a reference is made in these terms and conditions to:
the Seller – this shall mean D’ALCHEMY Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Jagiellońska 55A, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13thCommercial Divisionof the National Court Register, under number KRS 0000594063, NIP 6762498711, REGON 363320775.
the Buyer – this shall mean a natural person (with at least a limited legal capacity and above the age of 18), as well as a legal person and an unincorporated entity without the status of a legal person, having legal capacity and capacity to perform acts in law.
the Store – this shall mean the online store operated by the Seller at https://dalchemyskincare.com
the Goods – this shall mean the goods offered by the Seller for retail sale in the Store.
Gross price – this shall mean the price including VAT, expressed in PLN, excluding postage and packing.
Carriers – this shall mean the Courier Companies listed in the Terms and Conditions and co-operating with the Seller.
Goods Delivery Costs – this shall mean the charges payable for delivering the Goods to the Buyer. These amounts are shown on the Store’s website while an order is being placed.
the Order – this shall mean a set of Goods specified by the Buyer electronically, in compliance with these Terms and Conditions.
II. Registration and Ordering Conditions
1. Using the services of https://dalchemyskincare.com requires the Buyer to have Internet access, an active email account and contact phone number.
2. By registering an Account the Buyer declares that:
a) he/she has read the Terms and Conditions and accepted them in whole,
b) he/she meets the conditions required for using the Store as set out in the Terms and Conditions.
3. The User shall keep the Account access password secret. The User shall be obligated to exercise utmost diligence in order not to lose the access password and to prevent third parties from gaining access to it (regardless of the method of gaining such access). The User shall be exclusively liable for the login and password being made available to third parties.
4. The User may delete his/her Account at any time. Deletion of the Account results in permanent and irreversible removal of any and all of the User’s data from the system. The Buyer may send a representation on the dissolution of the online services agreement to email@example.com Dissolution of the online services agreement shall not affect the contracts of sale already concluded, unless the Store and the Buyer resolve otherwise.
5. Placing an Order and making a purchase requires correct completion of the registration form (in particular, provision of the personal data required in the form, contact number, delivery address, e-mail address – subsequently used as the login – and selection of a password), and involves the Buyer consenting to the conclusion of a contract of sale and requires the Buyer to read the terms and conditions of the D’ALCHEMY Store.
a) Registration is made only once. Subsequent Orders are placed by giving the login (e-mail address) and the password.
b) The login and password are confidential.
6. The Buyer places Orders on the Store’s website. The Seller sends to the Buyer by email a link used to confirm the Order.
7. The Seller reserves the right to additionally verify the details of the Buyer, e.g. by contacting the Buyer by phone.
8. The contract of sale is concluded upon confirmation by the Seller of the acceptance of the Order by sending the Buyer an email containing the Order number.
9. The Seller shall have the right to refuse to process Orders:
a) placed using an incorrectly completed form,
b) after an unsuccessful attempt to confirm the Order,
c) placed in breach of these terms and conditions.
10. Orders may be placed with the Store 24 hours a day, any day of the year. Orders are processed on business days (from Monday until Friday, between 8:00 and 15:00).
11. The Seller does not process Orders on public holidays.
12. The gross price of the Goods is published on the Store’s website next to the information about the Goods.
13. When the value of the Goods ordered exceeds PLN 149 (gross), the Seller will cover the delivery costs of the Goods in the territory of the Republic of Poland.
14. The Buyer may contact the Seller directly by using the contact form available on the Store’s website, at the following email address: firstname.lastname@example.org or by phone at the telephone number given in the email received by the Buyer after placing the Order.
15. A receipt or VAT invoice (at the Buyer’s request) is issued by the Store with every purchase. The receipt or invoice is one of the documents used by the Seller to process complaints or returns.
16. A receipt or VAT invoice shall be issued immediately after receipt of information on the delivery of the Order to the Buyer, and sent to the Buyer at the e-mail address given when the Order was placed.
17. If the Goods ordered are not available, the Seller shall inform the Buyer of this fact prior to processing the Order, and the Buyer shall have the right to cancel the entire Order or its part.
18. The Buyer undertakes to collect the Goods and pay the price set by the Seller along with the delivery costs.
19. The conditions of the contract of sale are set out in these terms and conditions, the legal regulations in force and individual arrangements made between the Seller and the Buyer.
20. The Seller shall be liable for defects in the Goods. This liability is regulated by the Civil Code, in particular Article 556 and Article 5561-5563.
21. The price displayed next to each product is binding at the time of placing the Order by the Buyer.
22. The Store reserves the right to change the prices of products offered by the Store, to add new products to the offer, to conduct and cancel promotional campaigns on the Store’s website or make changes to such campaigns. The aforesaid right shall not affect the prices of the products in orders placed prior to the effective date of the price change, conditions of promotional campaigns or sales.
1. The forms of payment available at the Store are listed on the Store’s website. Possible payment forms are:
a) Online Payments. The Online payments service is provided by Blue Media S.A. Available payment forms – payment cards:
* Visa Electron
* MasterCard Electronic
If it is necessary to refund a payment made by the Buyer using a payment card, the Seller shall make the refund into the bank account assigned to the Buyer’s payment card.
b) Online payments via the PayPal service.
c) Cash on delivery: payment to be made in cash upon delivery. Option available in Poland only.
d) Traditional bank transfer into the Seller’s bank account.
When making online payments, the Buyer shall include the Order number in the transfer title. If no Order number has been given, the Seller shall attempt to determine this number, in particular by contacting the Buyer, and if the number of a given Order cannot be established, the Seller shall return the payment amount into the account from which the transfer was made).
1. The Seller delivers Goods in Poland and the European Union.
3. Delivery shall be made by DHL (or other courier firms, including Inpost Kurier, FedEx, etc.) and Paczkomaty of Inpost.
4. The Methods, Costs and Area of delivery of the Goods are given on the Store’s website during the Order placing procedure:
Deliveries on the territory of the Republic of Poland:
Deliveries to other EU countries:
5. If the Buyer is not present at the address given in the Order, the Courier will contact the Buyer to arrange a date for another delivery. If a subsequent delivery is not successful through the fault of the Buyer, the Buyer may be charged the costs of such unsuccessful deliveries.
6. When the Goods have been delivered, the Buyer should check in the presence of the Courier that the parcel has not been damaged in transport, and whether it is intact and consistent with the Order, and then confirm receipt of the order.
7. In the event that visible external damage is discovered on the parcel, the Buyer is requested to immediately report this fact to the Courier in order to draw up a damage report and inform the Seller of the damage.
In the event that the Goods delivered are found to be incomplete or not consistent with the Order, the Buyer is requested to report this fact to the Seller within 5 business days of the delivery date.
8. Orders are sent within 48 business hours. In the event that the Buyer selects payment by transfer or payment card, the Order delivery period shall be counted from the date on which the bank account or the clearing account of the Seller was credited.
9. In the event of delay by the Seller, the Buyer may set an additional Goods delivery time limit, and withdraw from the contract upon its ineffective lapse.
V. Rights to withdraw from the contract
1. Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014, a Buyer who is a consumer shall have the right to withdraw from the contract within 14 days of the date of receipt of the Goods. In order to comply with this time limit, it is sufficient to inform us by email of the decision to withdraw from the contract of sale at: email@example.com to the lapse of this time limit.
2. In the event of withdrawal from the contract pursuant to clause 1 above, the contract of sale of the Goods shall be deemed not concluded. In the event that the Buyer exercises the right to withdraw from the contract, the Goods must be returned to the Seller in accordance with the law within 14 days of the date of the declaration of withdrawal from the contract of sale of the Goods.
3. The Seller shall immediately send the Buyer confirmation of receipt of the declaration of will regarding withdrawal from the contract of sale to the email address given by the Buyer.
4. In the event that the Buyer withdraws from the contract of sale, the Buyer shall return the Goods to the Seller by sending them to the following address: Biuro D’ALCHEMY Sp. z o.o., ul. Batalionu Platerówek 3, 03-308 Warszawa (budynek B7, II piętro). A proof of purchase must be enclosed with the returned Goods.
5. The direct costs of returning the Goods shall be borne by the Buyer. The Seller shall not accept parcels sent on a COD basis. The Seller shall only bear the costs of returning Goods if the Seller has previously consented to bearing the aforesaid costs.
6. The Goods returned by the Buyer should be packaged properly so as to ensure that the Goods are not damaged in transport. The Buyer shall be liable for a reduction in the value of the Goods due to their use exceeding that necessary for determining the character, properties and functioning of the Goods. In such a case, the Seller may refund to the Buyer the value of the Goods less the impairment.
7. The Seller shall return to the Buyer all payments for the Goods covered by the withdrawal declaration and the costs of delivery of these Goods (except for any additional costs resulting from the selected mode of delivery other than the cheapest option offered by the Seller) immediately, but no later than 14 days of receiving the Buyer’s declaration on withdrawal from the contract. The Seller may withhold the refund until receipt of the Goods.
8. The Goods returned will be inspected for signs of use, damage, lack or damage to the original packaging, or lack of any elements contained in the product. In the event of defects in the aforesaid elements, the Seller shall have the right to refuse to accept the returned Goods.
9. The refund shall be effected by way of the payment method used by the Buyer, unless the Buyer explicitly agrees to another method of giving the refund which does not involve any expense.
10. The Buyer shall have no right to withdraw from a contract of sale where the object of the performance is a thing delivered in a sealed package which cannot be returned after opening for reasons of health protection or hygiene, if the package was opened after delivery (Article 38 clause 5 of the Consumer Rights Act).
11. The right to withdraw from the contract shall not prejudice the Buyer’s rights arising from the Seller’s liability for defects of the Goods.
VI. Personal data protection
1. By registering at the Store, the Buyer consents to the Seller gathering and processing the personal data given in the registration form within the meaning of the Personal Data Protection Act of 29.08.1997 (consolidated text Journal of Laws No 101 of 2002, item 926, as amended) and the Online Services Act of 18.07.2002 (Journal of Laws No 144, item 1204, as amended). The personal data shall be used exclusively for the purpose of concluding, performing or dissolving a contract of sale of the Goods. The personal data is administered by the Seller.
2. The Buyer shall have the right to access his/her personal data, correct it and demand its removal. Such a demand shall be submitted by the Buyer by email to: firstname.lastname@example.org
3. The Buyer may consent to receiving advertising and commercial information from the Seller, including by means of electronic communication. This is done by way of consent by the Buyer to the processing of personal data for marketing purposes (receiving a newsletter, information about rebates, promotions, etc.).
1. Using the Service requires:
- a broadband Internet connection,
- active cookies support,
- active pop-up windows support,
- Microsoft Windows XP, 7, Vista or newer operating system,
- an active email account.
2. The Seller takes steps aimed at improving the functioning of the Service but stipulates that errors and technical problems may occur while using it. In such a case the Buyer should report this to the Seller by email to email@example.com The Seller will immediately attempt to restore the proper functioning of the Service.
3. The Seller shall not be liable for:
incompatibility of the Service with the terminal and software of the Buyer or its connection to the public Internet network; technical difficulties, including errors and failure to connect with the Service, which are attributable to the Buyer. Any and all content placed in the Service, including trademarks, photos, descriptions and applications, are subject to legal protection. Any use of such content in whole or in part shall constitute a breach of the law.
VIII. Provision of Online Services
1. The Seller provides the Buyers with online services through the Store. For the purpose of these Terms and Conditions online services shall mean in particular:
- Publication of these Terms and Conditions on the Store’s website,
- Enabling the Buyers to place orders via the Store’s website,
- Enabling the Buyers to register and maintain user accounts in the Store,
- Enabling communication between the Seller and the Buyer via the Store’s website,
- The Buyers receiving the newsletter, information about rebates and promotions via electronic mail.
2. An online services agreement is concluded upon viewing the Store’s website by the Buyer or upon registration of the Buyer pursuant to clause II.
3. Online services are free of charge and are provided by the Seller exclusively to the extent necessary for the Buyer to make purchases in the Store and to use the Store’s website.
4. The online services agreement is concluded for an unspecified time.
5. The Buyer shall have the right to terminate the online services agreement at any time by leaving the Store’s website, and in the case of registered Buyers, by deleting their account.
6. Use of the online services described in this paragraph may pose a threat to the Buyer as an Internet user. The risk associated with using online services consists in particular of the threat of infection of the Buyer’s IT system with software designed to spy on the user, theft of important data, prevention of the system from being turned on, spam, data removal, etc. In order to avoid the aforementioned risks, the Buyer should install an anti-virus program and update it on a regular basis.
7. The Seller informs that the Store’s IT system may use “cookies”, i.e. small text files used to identify the user’s browser for statistical purposes and sales analyses. Cookies are not used for gathering personal data, and are harmless to the computer, software and data. The “cookies” option may be switched off by changing the Buyer’s browser settings and does not prevent the Buyer from using online services.
IX. Complaints and Returns
1. If no goods are delivered or if they are defective, in order to commence the complaint procedure, the Buyer shall submit a complaint by letter sent to: Biuro D’ALCHEMY Sp. z o.o., ul. Batalionu Platerówek 3, 03-308 Warszawa (budynek B7, II piętro) or by email to: firstname.lastname@example.org
2. When filing a complaint, the Buyer should provide his/her contact details (name and surname, address, email address, phone number and order number), name of the Goods concerned, delivery date and a detailed description of the problem and the demands.
3. In the absence of any of the aforesaid information, the Seller will contact the Buyer to supplement the complaint report.
4. If the complaint concerns the quality of a product, the Seller shall have the right to ask the Buyer to send the product concerned at the Seller’s expense in order to carry out explanatory actions.
5. The complaint will be considered within 14 days of its submission by the Buyer. The Buyer will be notified of the outcome of the complaint procedure by email.
X. Final Provisions
1. In all matters not regulated by these terms and conditions, the provisions of the Civil Code and other statutes, and with regard to consumers, also the Consumer Rights Act of 30.05.2014 (Journal of Laws of 2014, item 827), shall apply. Provisions of the Terms and Conditions shall be interpreted in a manner ensuring their compliance with legal regulations in force.
2. Any disputes that may arise in connection with the implementation of the provisions of these Terms and Conditions shall be resolved by a common court of law with jurisdiction over the place of residence of the consumer. If the Buyer is not a consumer, the competent court shall be determined on the basis of the provisions of the Code of Civil Procedure concerning material and territorial competence of the courts.
3. The Seller may make amendments to the Terms and Conditions with future effect. Amendments may not breach the Buyer’s rights arising from Orders placed prior to such amendments.
4. In the event of any questions, doubts, opinions or comments please contact us on: email@example.com or by phone +48500032010.
APPENDIX No. 1
SAMPLE FORM FOR WITHDRAWAL FROM CONTRACT
(complete and send this form only if you wish to withdraw from the contract )
– Addressee [entrepreneurs should enter the name of the enterprise, full postal address, and possibly also fax number and email address here]
– I/We(*) hereby inform you(*) of my/our decision to withdraw from the contract of purchase of the following items(*)
the contract of delivery of the following items(*) the contract of specific work consisting in the production of the following items (*)/ the provision of
the following service (*)
– Contract delivery date(*)
– Customers’ full name(s)
– Customers’ full address
– Customers’ signature (if sent in paper form)
(*) Delete as appropriate.