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Terms of Use

Terms of Use of Pure Home Perfume

§ 1 Preliminary Provisions

1. The Pure Home Perfume online shop, available at www.pure-home.eu, is run by Konrad Bendykowski operating a business named FPH Blue Konrad Bendykowski, 62-860 Opatówek, Trojanów 3c, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, Tax ID Number (NIP) 9680446282, REGON Statistical Number 250829360.

2. These Terms of Use are addressed to Consumers and specify the rules and procedure for entering into a Distance Sale Agreement with a Consumer through the Shop.

§ 2 Definitions

1. Consumer ​- a natural person entering into an agreement with the Seller within the framework of the Shop, the subject of which is not directly related to that person’s business or professional activity.

2. Seller ​- a natural person operating a business named FPH Blue Konrad Bendykowski, 62-860 Opatówek, Trojanów 3c, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, Tax ID Number (NIP) 9680446282, REGON Statistical Number 250829360.

3. Customer ​- any entity making a purchase through the Shop.

4. Entrepreneur ​- a natural person, a legal person or an organizational unit that is not a legal person but has been granted legal capacity under a separate Act, which carries out a business activity in its own name and which uses the Shop

5. Shop ​- an online shop run by the Seller at www.pure-home.eu.

6. Distance Agreement - an agreement concluded with the Customer through an organized system for concluding distance agreements (within the framework of the Shop), without simultaneous physical presence of the parties, with an exclusive use of one or more means of distance communication, until the moment of concluding the agreement, inclusive.

7. Terms of Use ​-these Terms of Use of the Online Shop.

8. Order ​- the Customer''s declaration of will submitted via the Order Form and aimed directly at entering into a Product Sale Agreement with the Seller.

9. Order Form - an interactive form available in the Shop that allows the Customer to place an Order, in particular, by adding Products to the Shopping Cart and defining terms of a Sale Agreement, including delivery and payment methods.

10. Shopping Cart ​- an element of the Shop''s software in which Products selected by the Customer for purchase are visible and where it is also possible to set out and modify Order data, in particular, a quantity of products.

11. Product ​- a movable item/service available at the Shop which is the subject of a Sale Agreement between the Customer and the Seller.

12. Sale Agreement - a Product sale agreement concluded between the Customer and the Seller through the Shop. A Sale Agreement also means, depending on characteristics of a Product - an agreement for provision of services and a contract for specific work.

§ 3 Contact with the Shop

1. The Seller’s address: FPH Blue Konrad Bendykowski, 62-860 Opatówek, Trojanów 3c, Poland

2. The Seller’s email: pure@pure-home.eu

3. The Seller’s phone number: +48 62 760 00 26

4. The Customer may communicate with the Seller using the addresses and phone numbers provided in this Section.

5. The Customer may contact the Seller by phone from Monday to Friday, from 8.00 am to 4.00 pm.

§ 4 Technical Requirements

 

To use the Shop, including to view the Shop''s assortment and place Orders for Products, you need:

  1. a terminal device with access to the Internet and a web browser such as Firefox 56, Version 61, Microsoft Edge 40 or Internet Explorer 11
  2. an active email account,
  3. enabled cookies,
  4. enabled java script.

§ 5 General Information

1. The Seller is not liable, to the fullest extent permitted by law, for any disruptions in operations of the Shop caused by force majeure, unlawful actions of third parties or incompatibility of the Online Shop and the Customer''s technical infrastructure.

2. No Account is required to view the Shop’s assortment. The Customer may place orders for Products included in the Shop''s assortment having created an Account pursuant to the provisions of Section 6 of the Terms of Use or without creating the Account, by providing necessary personal and address details that enable the Shop to execute the Order.

3. Prices provided in the Shop are in EURO (EUR) and are gross prices (they include VAT).

§ 6 Rules for Placing Orders

To place an Order, you should:

1. select a Product that is the subject of your Order, and then click "Add to the Cart" (or equivalent);

2. use the option of placing the Order;

3. fill in the Order Form by entering details of an Order recipient and an address to which the Product is to be delivered, choose a shipment type (Product delivery method), enter invoice details in notes if they are different from the recipient''s details,

4. click the "Order and Pay”/"Order" button and, depending on the payment method, pay for the order within a certain time limit.

§ 7 Offered Delivery and Payment Methods

1. The Customer may use the following methods for delivery or collection of an ordered Product:

a. courier shipment,

2. The Customer may use the following payment methods:

a. electronic payment via PayU.

§ 8 Performance of the Sale Agreement

1. The Sale Agreement between the Customer and the Seller is concluded once the Customer has placed an Order using the Order Form in the Online Shop, according to Section 6 of the Terms of Use.

2. After the Order has been placed, the Seller shall immediately confirm its receipt and, at the same time, accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller by sending a relevant email at an address provided at the time of placing the Order, which email shall contain at least the Seller''s statement on the receipt of the Order and its acceptance for execution as well as confirmation of conclusion of the Sale Agreement. Upon receipt of the above email by the Customer, the Sales Agreement is concluded between the Customer and the Seller.

3. In the case where the Customer selects:

  1. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 3 calendar days from the date of the Sale Agreement - otherwise, the order will be cancelled,

4. If the Customer has chosen a delivery method other than picking up the Product in person, the Product will be sent by the Seller within the time limit specified in the Product description (subject to Paragraph 5 of this Section) in a manner chosen by the Customer when placing the Order.

5. If Products with different time limits for delivery are ordered, a time limit for delivery shall be the longest time limit provided.

6. A time limit for delivery of a Product to the Customer shall start running as follows:

  1. If the Customer selects a payment method by bank transfer, electronic payment or credit card - from the date of crediting the Seller''s bank account.

7. Products are delivered only in European Union.

§ 9 Right to Withdraw from the Agreement

1. The Consumer may withdraw from the Agreement for convenience within 14 days.

2. The time limit specified in Paragraph 1 starts running upon delivery of the Product to the Consumer or a person designated thereby other than a carrier.

3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the time limit specified in Paragraph 1 runs from delivery of the last item, batch or part.

4. In the case of an Agreement that consists in regular deliveries of Products for a specified period of time (subscription), the time limit specified in Paragraph 1 runs from taking possession of the first item.

5. The Consumer may withdraw from the Agreement by providing a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the expiry of that time limit.

6. The declaration may be sent via traditional mail by sending it to the Seller’s address - the Seller''s contact details are specified in Section 3. The declaration may also be submitted using the form a template of which is attached as Appendix 1 to these Terms of Use and an Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not mandatory.

7. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer a confirmation of receipt of the declaration on withdrawal from the Agreement provided by the Consumer.

8. Consequences of Withdrawal from the Agreement:

  1. In the event of withdrawal from a Distance Agreement, the Agreement shall be considered not concluded.
  2. In the event of withdrawal from the Agreement, the Seller will reimburse the Consumer for all payments it has received from the latter, including product delivery costs, except for additional costs resulting from a delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller, immediately but not later than within 14 days from the date of receipt of the Consumer’s declaration on withdrawal from the Agreement.
  3. The reimbursement will be made by the Seller using the same payment methods as those used by the Consumer in the original transaction unless the Consumer has expressly agreed to a different solution that entails no costs for the latter.
  4. The Seller may withhold the refund of the payment until the Seller receives the Product or is provided with proof that it has been sent back, depending on which occurs first.
  5. The Consumer should send the Product immediately to the Seller’s address provided in these Terms of Use but not later than within 14 days from the date on which the Consumer informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer returns the Product before the expiry of the 14-day period.
  6. The Consumer bears direct costs of returning the Product, including costs of returning the Product if, because of its nature, the Product could not have been sent back by regular mail.
  7. The Consumer is only responsible for a reduction in the value of the Product resulting from its use in a manner different from the one necessary to establish the product’s nature, characteristics and operation.

9. If, because of the Product’s nature, it cannot be sent back by mail in the normal course of its business, information about this fact as well as costs of returning the Product will be included in the Product description in the Shop.

10. A Consumer has no right to withdraw from a distance agreement with respect to the Agreement:

  1. in which the subject of service is a non-prefabricated item, manufactured according to the Consumer''s specification or in order to satisfy the Consumer’s individual needs,
  2. in which the subject of service is an item delivered in sealed packaging, which is not suitable for return once the packaging has been opened on account of health protection or for hygiene reasons, if the packaging was opened after the delivery,
  3. in which the subject of service is an item which is liable to deteriorate or expire rapidly,
  4. for provision of services, if the Seller has fully performed the service with an express consent of the Consumer who had been informed before the Seller started providing the service that once the provision was completed by the Seller, the Consumer would lose the right to withdraw from the Agreement,
  5. in which the price or remuneration depends on fluctuations in the financial market which are beyond the Seller’s control, and which may occur before the deadline to withdraw from the Agreement,
  6. in which the subject of service includes items that once delivered, due to their nature, are inseparably connected with other items,
  7. in which the subject of service includes alcoholic beverages, the price of which was agreed at the conclusion of the sale agreement and which may be delivered only after 30 days and the value of which depends on fluctuations in the market which are beyond the Seller’s control,
  8. in which the subject of service includes sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery,
  9. for delivery of newspapers, periodicals or magazines except for a subscription agreement,
  10. for delivery of a digital content that is not recorded on a tangible medium, if the performance began, with the Consumer''s express consent, before the expiry of the deadline for withdrawal and after the Consumer had been informed by the Seller about the loss of the right to withdraw from the Agreement.

§ 10 Complaints

1. The Sale Agreement covers new Products.

2. he Seller is obliged to provide the Customer with a product free from defects.

3. If goods purchased from the Seller are defective, the Customer has the right to file a complaint based on the provisions on the statutory warranty in the Civil Code.

4. The complaint should be filed in writing or electronically to the Seller’s addresses provided in these Terms of Use.

5. It is recommended that the complaint should include a concise description of the defect, circumstances (including a date) of its occurrence, a date when the complaint is filed by the Customer and the Customer''s claim in connection with the defect of the good.

6. The Seller will take a stance on the claim forthwith, and where the Customer is a Consumer - not later than within 14 days. If the Customer is a Consumer and the Seller fails to take a stance on the claim within 14 days, it is considered the Seller has considered the Customer’s claim justified.

7. Goods sent under the complaint procedure should be sent to the address provided in Section 3 of these Terms of Use.

§ 11 Out-of-court Methods for Handling Complaints and Pursuing Claims

1. Detailed information on the possible use by the Consumer of out-of-court methods for handling complaints and pursuing claims as well as rules of access to these procedures are available at the seats and on websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php

oraz

http://www.uokik.gov.pl/wazne_adresy.php.

2. The Consumer may use, among other things, the following out-of-court methods for handling complaints and pursuing claims:

  1. The Consumer is entitled to apply to the Permanent Consumer Arbitration Court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer is entitled to apply to a Voivodeship Inspectorate of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to instigate mediation proceedings to settle amicably a dispute between the Consumer and the Seller.
  3. The Consumer may also get free assistance in settling a dispute between the Consumer and the Seller using free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Federation of Consumers, Association of Polish Consumers).

§ 12 Personal Data in the Online Shop

1. he controller of Customers’ personal data collected via the Online Shop is the Seller.

2. The Customers'' personal data collected by the controller via the Online Shop are collected in order to perform Sale Agreements, and also for marketing purposes if the Customer consents thereto.

3. Recipients of personal data of the Online Shop’s Customers may be:

  1. In the case of a Customer who uses a method of delivery by post or courier in the Online Shop, the Controller discloses the collected personal data of the Customer to a selected carrier or intermediary performing shipment services at the Controller’s order.
  2. In the case of a Customer who uses an electronic method of payment or a payment by card in the Online Shop, the Controller discloses the collected personal data of the Customer to a selected entity who handles the said payments in the Online Shop.

4. The Customer has the right to access their personal data and correct the same.

5. Providing personal data is voluntary, but a failure to provide the personal data specified in the Terms of Use necessary to conclude the Sale Agreement makes it impossible to conclude the Agreement.

§ 13 Final Provisions

1. Contracts concluded through the Online Shop are concluded in English.

2. The Seller reserves the right to introduce amendments to these Terms of Use for important reasons, i.e. changes in laws and regulations, changes of payment and delivery methods - to the extent to which these changes affect the performance of the provisions of these Terms of Use. The Seller will inform the Customer about each amendment at least 7 days in advance.

3. To matters not governed by these Terms of Use, generally applicable provisions of Polish law apply, in particular: the Civil Code, the Act on Provision of Services by Electronic Means and the Act on Protection of Personal Data.

4. he Consumer has the right to use out-of-court methods for handling complaints and pursuing claims. To this end, the Consumer may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.