TERMS AND CONDITIONS OF THE ONLINE STORE

apearl®

§1

General provisions


1. Apearl online store [hereinafter referred to as the "Store"] available at the domain www.apearl.eu conducts retail sales via the Internet, on the basis of these Regulations [hereinafter referred to as the "Regulations"], which customers can contact at the following email address: sklep@apearl.eu.


2. The owner of the Store is: DE TIAN Sp. z o.o. with its registered office in Szczecin, Edmunda Bałuki 24 street, 70-407 Szczecin, registered in the National Court Register kept by the District Court of Szczecin - Centrum in Szczecin under KRS number: 0000130199 NIP: 852-04-10-694, Regon: 010600175 contact phone number 508255993.


3. The buyer may be an adult natural person, legal person or organizational unit without legal personality, hereinafter referred to as "Customer".


4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Prices of goods do not include the cost of delivery, which is specified in the "cost of delivery" tab - https://apearl.eu/strona/1-dostawa.


5. Goods available in the Store are free from physical and legal defects.

§2

Orders


1. Orders can be placed as follows:


a) through the form available on the Store's website,


b) by e-mail to the address available on the Store's website,


c) by phone at the numbers for placing orders, available on the Store's website in the Contact section.


2. A prerequisite for the processing of an order is that the Customer provides data allowing verification of the Customer and the recipient of the goods. The Store confirms acceptance of the order by e-mail or phone.


3. The parties are bound by the information contained on the Store's website next to the purchased goods at the time of ordering, in particular: the price, the characteristics of the goods, their features, the elements included in the set, the date and method of delivery.


4. The information on the Store's website does not constitute an offer within the meaning of the Civil Code. By placing an order, the customer makes an offer to purchase the specified goods. The contract of sale is concluded when the Customer confirms the Order by clicking on the confirmation link in the e-mail sent to the Customer by the Store.


5. The contract concluded between the Customer and the Store for the purchase of a given product is of a definite nature and lasts for the duration of the order. The place of performance related to the purchase of products in the Store is the delivery address indicated by the Customer.

§3

Payments


1. The customer can choose from the following forms of payment:


a) cash on delivery - then payment is made in cash upon receipt of the goods,


b) by bank transfer or credit card - then the Store reserves the goods in stock and sends them to the address indicated by the Customer after the payment is credited to the bank account indicated for this purpose on the Store's website or in an e-mail to the Customer,


c) by other means, if specified on the Store's website.

§4

Shipping of goods


1. The ordered goods are shipped by the Store via shipping companies (InPost, Poczta Polska or DPD courier service) together with a sales document of the Customer's choice (invoice/paragon/bill) to the address provided by the Customer in the order form, or the Store makes the goods available for collection by the Customer at the Store's premises. The VAT invoice may be delivered electronically to the e-mail address provided by the Customer, unless the Customer expressly indicates that the VAT invoice should be delivered in traditional form.


2. In the case of payment by means other than cash on delivery, the shipping time is extended by the period between the placement of the order and the date of crediting the amount due to the Store's bank account.


3. The delivery time of the products is no more than 30 days from the date of conclusion of the contract. The time of receipt of the shipment is each time the order is completed plus the time of delivery.

§5

Shipping cost

1. The cost of delivery depends on the choice of its form.


2. Current forms of delivery with the applicable price list can be found at: https://apearl.eu/strona/1-dostawa.

§6

Complaints


1. Complaints can be filed in electronic form by sending it to the e-mail address of the Store: sklep@apearl.eu or in writing to the address of the Store given at the top of the Terms and Conditions.


2. The Customer has the right to demand a reduction in price or withdraw from the contract, unless the Store immediately and without undue inconvenience to the Customer will replace the defective product with a defect-free one or remove the defect. This restriction does not apply if the product has already been replaced or repaired by the Store, or the Store has not replaced the product with a defect-free product or removed the defect.


3. The Store shall consider the complaint within 14 days from the date of receipt. If the Store does not respond to the Customer's demands within 14 days, it means that the demands have been recognized by the Store as justified.


4. The customer should return the advertised goods to the Store. The return should be made immediately, no later than within fourteen days.


5. The cost of sending the customer a new product or removing the discrepancy in the case of a justified complaint shall be borne by the Store.


6. The store shall be liable for product defects under applicable law. In the case of non-consumer sales, the warranty provisions of the Civil Code are excluded.


7. n accordance with applicable regulations, the consumer has the right to return the Goods without giving any reason within the time limits specified in § 6 of the Regulations, with the proviso that services and products, the purchase of which cannot be withdrawn from under applicable regulations, are not subject to return.

§7

Right of withdrawal


1. The 14-day period for withdrawal from the contract shall begin:


1) for a contract in the performance of which the Store issues a thing, being obliged to transfer its ownership - from the taking of possession of the thing by the Customer or a third party other than the carrier designated by him, and in the case of a contract that:


a) involves multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part,


b) involves the regular delivery of things for a fixed period - from taking possession of the first of the things;


2) for other contracts - from the date of conclusion of the contract.


2. To exercise the right to withdraw from the contract, the Customer must inform the Store of his/her decision to withdraw from the contract by an unequivocal written statement sent by mail to the address of the Store given at the top of the Terms and Conditions or by e-mail to the following e-mail address: sklep@apearl.eu. The Customer may also use the withdrawal template indicated below.



DE TIAN Sp.z o.o.
ul. Edmunda Bałuki 24
70-407 Szczecin

I ............................................................hereby inform you of my withdrawal from the contract of sale of the following item(s) ........................................................................................, offer number............................................................................................ Date of conclusion of the contract................................................., date of receipt ...................................................................................... Name and surname.................................................................... Address................................................................................... Date...................................



3. The right of withdrawal shall not apply to contracts:


1) for the provision of services, if the trader has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance of the trader will lose the right of withdrawal;

2) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;


3) in which the subject of the performance is a non-refabricated thing, produced according to the consumer's specifications or serving to meet his individualized needs;


4) in which the subject of the performance is an item that is perishable or has a short shelf life;


5) in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;


6) in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things;


7) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;


8) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;


9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;


10) for the supply of newspapers, periodicals or magazines, except for a subscription contract;

11) concluded through a public auction;


12) for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;


13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.

4. Refund of payment is made to the bank account indicated by the customer in the return form. In the case of payment by Dotpay during the purchase, the payment is returned by the system to the bank account / card from which the purchase was previously made.

§8

Loyalty Program

1. A person making a purchase on the Store's website may receive loyalty points for purchased products.

2. The number of loyalty points is indicated on the page of the respective product.

3. If the product is on promotion or its price is less than 50 PLN, loyalty points will not be awarded.

4. A customer will receive loyalty points only if he places an order as a registered customer.

5. The possibility of exchanging loyalty points for a discount is possible in the "My Account" tab. → "My Loyalty Points".

6. The following points conversion rate is applied:

a) for every 50 zl. spent, a registered customer receives 1 point.

b) 1 point received can be exchanged by a registered customer for a PLN 1. discount on the next order.

7. Loyalty points are granted for 180 days. After this time, the points are automatically deleted from the account and it is not possible to exchange them for a discount.

§9

Privacy protection

1. he Seller undertakes to protect the Customer's personal data in accordance with the Personal Data Protection Act of August 29, 1997 (Journal of Laws 2002.101.926 -j.t.) and the Act on Providing Electronic Services (Journal of Laws 2013.1422 -j.t.). The Customer, by providing his personal data to the Seller, agrees to their processing by the Seller for the purpose of processing the order placed.

2. The Customer may also give separate consent to receive advertising and promotional materials from the Store, including a trade newsletter (Newsletter).

3. The customer has the right to inspect and correct their data, as well as to request their deletion.

§10

Intellectual property

It is forbidden to use any materials published on the Store's website (including photos and descriptions of goods) without the written consent of the Store.

§11

Entry into force and amendments to the Regulations

1. The current version of the Terms and Conditions is always available to the Customer in the Terms and Conditions tab (http://apearl.eu/content/3-regulamin-zakupow.

2. The Client is bound by the rules and regulations accepted by the Client at the time of ordering, unless the current version is more beneficial to the Client and the Client informs the Seller of the choice of the current rules and regulations as applicable to resolve the Client's claims related to the purchase made.

3. Registered Customers of the Store will be notified of changes to the rules and regulations by e-mail (to the e-mail indicated when registering or ordering). The notification will be sent at least 14 days before the new Regulations come into effect. Amendments will be made to adapt the Rules and Regulations to the current state of the law.

4. None of the provisions of the Regulations is intended to violate any rights of the Client. In the event of inconsistency of any provision of the Rules and Regulations with the applicable law, the provisions of the law shall apply in place of the disputed provision of the Rules and Regulations, and the Seller shall immediately amend the Rules and Regulations to adjust them to the applicable law.

5.The correctness of the store's operation is guaranteed in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store's content, so in order to obtain full functionality of the store, it is recommended to disable them.

6. In matters not covered by these rules, the relevant applicable laws shall apply.

7. Disputes shall be considered by the court of local and material jurisdiction.

§12

Dispute resolution system

At https://ec.europa.eu/consumers/odr there is a platform of the online system of dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales or service contract.