Terms of Sale
1. SUBJECT SCOPE
These regulations define the rules for the intermediary's provision of intermediation services to the Customer in the purchase of goods from Sellers.
2. GLOSSARY
The expressions used in these Regulations mean:
Customer account - an individual account in the electronic system, run and managed by the Broker,
Customer - a consumer within the meaning of art. 22 index 1 of the Civil Code, on behalf of and on behalf of which the Broker purchases the goods from the Seller,
Broker - Latexadventures.eu online store run by PMBD Piotr Mazurowski, ul. Mickiewicza 37/58 01-625 Warszawa, NIP 5272151425 (If you want to withdraw from the contract, CONTACT US to find out the address for returns. Please do not send the goods to the intermediary's address. The shipment will not be accepted).
Registration - a process enabling the creation of an individual customer account, on which customer data is collected, and for which the customer sets a password,
Seller - an entity that sells goods and has its seat in a third country.
Brokerage service - a service provided by the Broker to the Client, in accordance with the principles set out in these Regulations,
Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827, as amended),
VAT - tax on goods and services levied upon import in accordance with the Act of March 11, 2004 on tax on goods and services (Journal of Laws 2016.710, consolidated text).
3. SCOPE OF THE BROKERAGE SERVICE
1. As part of the brokerage service provided by the Broker, the Broker orders the goods from the Seller on behalf of and for the benefit of the Client and pays the fees related to bringing the goods to the Client (excluding customs duties and import VAT).
2. As part of the brokerage service, the Broker does not pay fees due to customs duties and import VAT due for placing the order and sending the goods to the Customer's address.
3. The brokerage service is provided on the basis of specific arrangements between the Parties.
4. By placing an order, the Customer thereby declares that he grants the Agent the power of attorney to order the goods on behalf of and for the benefit of the Customer and to pay for and on behalf of the Customer the price and shipping costs of the goods to the Customer's address. The intermediary is entitled to act only within the scope of the power of attorney granted to him.
4. OBLIGATIONS OF THE PARTIES
The Broker hereby declares that in connection with the provision of brokerage services by him to the Customer in the sale of goods from foreign sellers, the Broker takes over some of the obligations arising from the provisions of Polish law, incumbent on the sellers of goods:
1.provides the Customer with the necessary information on the right to withdraw from the sales contract,
2.carries out and recognizes the complaint procedure regarding the goods,
3. is liable under the warranty for defects in the goods,
4. is responsible for the delivery of the ordered goods within 60 days from the date of the contract,
5. at the customer's request, he provides instructions for using the goods, and all necessary documents related to the goods in Polish and / or English.
5. DISPOSAL FOR THE LAUNCH OF THE INTERMEDIATE SERVICE
1. The Customer submits to the Broker an instruction to launch an intermediary service for a given product via the Broker website or using Facebook and / or Messenger.
2. In the case of submitting an instruction to start an intermediation service using Facebook and / or Messenger, such instruction shall be made in accordance with the mechanisms of that website.
3. After receiving the instruction to start the brokerage service, the Broker sends to the Client:
1.the content of these Regulations recorded on a durable medium,
2.information that in accordance with the Act on consumer rights, in order for the brokerage service to be performed before the expiry of 14 days from the date of the contract, it is necessary to expressly request the Customer in this respect, recorded on a durable medium,
3.information that the Customer loses the right to withdraw from the contract if the Intermediary has started the intermediation service with the express consent of the Customer, who was informed before the commencement of the service that after the Intermediary has performed the service, he will lose the right to withdraw from the contract,
4. The intermediary provides the Client with full information on the final price of the service, including all costs and a description of the main features of the service. Information is available on the Intermediary's website or on Facebook.
5. When submitting an instruction to launch an intermediary service via the Intermediary's website, the Customer provides the Intermediary in the form with the following data: name, surname, e-mail address. parcel delivery address, telephone number.
6. The customer places an order after reading the content of these Regulations and accepting its provisions.
7. The intermediary is obliged to provide the Customer with confirmation of the conclusion of the distance contract on a durable medium within a reasonable time after its conclusion, before the commencement of the service provision. This confirmation contains information about the main features of the service, including the subject of the service and the method of communication with the consumer.
8. The broker starts the brokerage service immediately after receiving the payment for the service from the customer and sending the broker an explicit request for the service to be performed before the expiry of 14 days from the date of the contract.
9. The provision of the brokerage service is considered to be the submission and payment of the order by the Broker to the Seller.
6. REGISTRATION AND LOGIN
1. The customer can register for free.
2. Registration is made by correctly filling in the registration form. The customer registers after reading the content of these Regulations and accepting its provisions.
3. In the registration form, the Customer provides the following personal data: name, surname, e-mail address and sets a password for his account.
4. During registration, the client may express a separate consent to the intermediary sending advertising and promotional content directly related to the services of the intermediary.
5. In order to log in, it is necessary for the Customer to provide a valid login in the form of an e-mail address and password.
6. Logging in enables the Customer to submit an instruction to start the brokerage service without the Customer having to provide his data.
7. DELIVERY OF GOODS
1. The intermediary's liability for failure to deliver goods in a situation where the Customer has provided the wrong address is excluded.
2. The ordered goods are delivered to the address provided by the Customer when submitting the instruction to start the brokerage service.
3. The intermediary declares that the delivery of the ordered goods will be made by the Seller within 60 days from the date of the contract.
4. The intermediary informs that orders placed between 24/01/2021 and 15/02/2021 may have an extended delivery time, up to a maximum of 90 days from the date of sending the order.
5. Parcels are sent from outside the European Union by the Seller. The customer is an importer. It is the customer who has the tax obligations due for the import.
6. The customer is obliged to report the lack of delivery of the package no later than 90 days from the date of sending the package.
8. PAYMENTS
1. At the request of the Client, the Broker issues an invoice for the services provided to the Client, including the commission for the actions taken by the Broker. The broker is obliged to issue an invoice for the delivery for the entire amount of the service, which includes the amount paid to the seller for the purchases and the commission. The broker issues an invoice without the client's signature and sends it to the client electronically, to which the client agrees.
2. Payment for the brokerage service and payment for costs related to the importation of goods (except for customs duty and import VAT) are made on a prepayment basis before the Intermediary starts to provide services.
3. Payment can be made via the PayPal payment service.
4. All prices listed on the Intermediary's website are expressed in the selected currency.
5. Products priced at EUR 0.00 and EUR 0.49 are the result of a technical error and we refuse to process orders for these products.
9. RETURN OF GOODS BY THE CUSTOMER
1. Within 14 calendar days from the date of receipt of the goods, the Customer may submit to the Agent a statement on the return of the goods purchased from the Seller.
2. With the submission of the return declaration:
Customer:
undertakes to send the goods to the Seller no later than within 14 calendar days from the date on which he received the ordered goods. The goods must be delivered to the address of the Seller, provided by the Broker, who undertakes to return the price of the product to the Customer no later than within 14 days from the date of receipt of the goods by the Seller. The broker will refund the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of return, which does not involve any costs for him.
3. The return statement may be submitted on the RETURN FORM. The broker provides for the possibility of submitting a declaration of return of goods by electronic means. To meet the deadline referred to in paragraph 1, it is enough to send the statement before its expiry.
4. The customer bears the costs of returning the goods to the Seller.
5. Due to health protection or hygiene reasons, returns or exchanges of items from the "Swimwear", "Underwear", "Protective products", "Beauty and Health", "Jewellery" categories are only possible for items originally packed in a sealed postal parcel.
6. Items made to order, made to measure or specially designed for the customer are not subject to return and / or exchange.
7. Returns sent to the address of the Broker are disposed of after 30 days from the date of receipt.
10. COMPLAINT PROCEDURE
1. In order to make it easier for the Customer to carry out the complaint procedure, the Agent takes over the obligations related to the Seller's liability under the warranty for defects in the goods purchased by the Customer. A complaint may be submitted by the Customer via e-mail to the following address: reklamacja@latexadventures.eu or by letter to the address of the Broker. Within 14 working days from the moment of filing the complaint, the Intermediary will respond to the consumer's complaint.
2. In the event of irregularities related to the functioning of the Intermediary's website, the Customer is entitled to report this fact by sending an e-mail to the following address: info@latexadventures.eu or by letter to the Intermediary's address.
3. The customer is entitled to file a complaint regarding the brokerage service provided by an intermediary. The complaint may be submitted by the Customer via e-mail to the following address: reklamacja@latexadventures.com or in the form of a letter to the Agent's address.
4. The Customer's application should contain the Customer's address data, the Customer's first and last name, as well as a precise indication of the irregularity to which the notification relates, together with the justification for the notification.
5. The intermediary will respond to the received notification within no more than 14 days from the date of its receipt.
6. Any complaints regarding payments should be reported to the entity responsible for the execution of the payment, ie the bank or other entity through which the funds are transferred.
11. PROCESSING OF PERSONAL DATA
1. Personal data are processed in accordance with the provisions of the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended)
2. By providing personal data, the Customer agrees to their processing by the Agent for the proper provision of the service.
3. The data entered into the registration form should be updated by the Customer. Data should be updated by changing the relevant data on the Customer's account.
4. The customer may also consent to the sending of commercial information by electronic means of communication. In the event of such consent, the Intermediary is entitled to send the Customer this content electronically.
5. The personal data provided in the application and / or registration form will be processed and administered by the Agent.
6. The customer has the right to access the content of personal data and the right to request their correction, supplementation or deletion on the principles set out in art. 32 par. 35 of the Personal Data Protection Act.
12. COPYRIGHT
1. The Intermediary's website is a work within the meaning of the Copyright Act and all copyrights are vested exclusively in the Intermediary.
2. The Intermediary declares that all materials posted on the Intermediary's website, including text, photo and graphic materials and their layout, constitute the intellectual property of the Intermediary or third parties.
3. The Intermediary excludes the possibility of copying, duplicating, modifying, distributing or other forms of commercial use of materials owned by the Intermediary, referred to in paragraph 1, without the prior written consent of the Agent.
13. TECHNICAL REQUIREMENTS
1. In order to use the Intermediary's website, the Customer must have a computer or other terminal device with access to the Internet.
2. To use the Intermediary's website, it is required to enable the use of short text messages called cookies (hereinafter: cookies). Disabling cookies prevents the customer from fully using the intermediary's website.
14. CHANGES TO THE REGULATIONS
1. The intermediary reserves the right to make changes to these Regulations, which will be announced on the website immediately, ie no later than 14 days before the changes are introduced.
2. The intermediary shall inform about the fact of changing the Regulations by posting on the website information about making changes and posting a unified text of the amended Regulations and an indication of which of the existing provisions of the Regulations have changed.
3. The Regulations may be changed at any time, in particular for important technical, legal and / or organizational reasons, without the need to justify these reasons.
4. The Customer's use of the Intermediary's services after the amendments to the Regulations enter into force is tantamount to accepting the changes.
5. Any changes to these Regulations shall come into force within 14 days from the date of their publication on the website.
6. Amendments to the Regulations after submitting the Order to start the intermediation service do not affect the manner of its implementation.
15. FINAL PROVISIONS
1. These Regulations are made available to customers free of charge, in a way that enables its acquisition, playback and recording of its content.
2. These Regulations are available on the website in the Regulations tab.
3. Communication between the parties takes place electronically. The broker will send information to the Customer to the e-mail address provided during registration.
4. These Regulations come into force on the day of their publication on the website.
5. If one of the provisions of these Regulations is or will be ineffective, it does not affect the binding force of the remaining provisions. In place of the ineffective provision of the Regulations, the rule will be applied that is closest to the purposes of the invalid provision and all of these Regulations.
6. Any disputes arising from the provision of services by the Intermediary will be settled amicably, and in the event of disagreement, they will be settled by a local and substantive common court.
7. Polish law is applicable to all legal relations resulting from these Regulations.
8. For matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.
9. The English-language content of the Regulations is published for information purposes. Polish-language provisions and decisions in accordance with applicable Polish law are in force.