TERMS AND CONDITIONS OF THE ONLINE SHOP
These Terms and Conditions set out the general terms, conditions and manner of sales conducted by Misbhv Concierge LLC, 1203 Jackson Ave, apt 8B, LIC, 11101 NY, USA, EIN472762033 through the online shop shop shopaholicdolls.com (hereinafter referred to as „Online Shop”;) and sets out the terms and conditions for Misbhv Concierge LLC, 1203 Jackson Ave, apt 8B, LIC, 11101 NY, USA, EIN472762033 free of charge electronic services.
§ 1 Definitions
Working days – means weekdays from Monday to Friday, excluding public holidays.
Delivery – means an actual action consisting in delivery of the Goods specified in the order to the Customer by the Seller, through the Supplier.
Supplier – means a courier company with which the Seller cooperates in the scope of Delivery of Goods.
Password – means a sequence of alphabetical, digital or other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer’s Account in the Online Shop.
Client – means an entity to which, in accordance with the Regulations and provisions of law, services may be provided by electronic means or with which a Sales Agreement may be concluded.
Consumer – means a natural person who performs a legal transaction with the entrepreneur that is not directly related to his business or professional activity.
Customer Account – means an individual panel for each Customer, launched for his benefit by the Seller, after the Customer Registers and concludes an agreement to provide the service of maintaining the Customer Account.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to whom the Act grants legal capacity, conducting in its own name a business or professional activity and performing a legal act directly related to its business or professional activity.
Regulations – means these regulations.
Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Internet Shop.
The Stationary Shop – means a place intended for customer service, at the address: N/A.
Seller – means Misbhv Concierge LLC, 1203 Jackson Ave, apt 8B, LIC, 11101 NY, USA, EIN472762033 which also owns the Internet Shop.
Shop’s website – means websites where the Seller runs an Internet Shop, operating in the domain shopaholicdolls.com.
Goods – means a product presented by the Seller through the Store’s Website, which may be the subject of a Sales Agreement.
Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to the Customer or the Seller in a manner enabling access to information in the future for a period of time appropriate for the purposes of the information and which allows for the unchanged reproduction of the stored information.
Sales agreement – means a sales agreement concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Internet Shop
All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its website domain, the Store’s website, as well as to samples, forms, logotypes placed on the Store’s website (with the exception of logotypes and photographs presented on the Store’s website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and their use may take place only in a manner specified and in accordance with the Regulations and with the Seller’s consent expressed in writing.
In order to place an order in the Online Shop via the Shop’s Website or via e-mail and in order to use the services available on the Shop’s Websites, it is necessary for the Customer to have an active e-mail account.
It is forbidden for the Customer to provide illegal content or use the Store by the Customer.
The Seller shall not be liable for any damage caused by the use of the Internet, the Store’s Website or free of charge services provided by the Seller in a manner contrary to the law, good manners or violating the personal rights of third parties.
The Seller declares that the public nature of the Internet network and the use of services provided electronically may be associated with the risk of obtaining and modifying customer data by unauthorized persons, therefore, customers should apply appropriate technical measures to minimize the risks indicated above. In particular, they should use anti-virus and identity-protection software to protect the identity of those using the Internet. The Seller never asks the Customer for any form of Password.
It is not allowed to use the resources and functions of the Internet Shop in order to conduct the Client’s business activity that would violate the interests of the Seller.
§ 3 Registration
In order to create an Account of the Customer, the Customer shall be obliged to make a free Registration.
Registration is not necessary to place an order in the Internet Shop.
In order to register, the Customer should fill in the registration form made available by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function from the registration form. During the Registration process, the Customer sets an individual Password.
While filling in the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address given in the registration form, confirmation of Registration by the Seller. At this moment, an agreement is concluded for the provision of the service of maintaining the Client’s Account by electronic means, and the Client is given the opportunity to access the Client’s Account and make changes to the data provided during the Registration process.
§ 4 Orders
The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
The Customer may place orders in the Internet Shop via the Shop’s Website or by e-mail 7 days a week, 24 hours a day.
The Customer placing an order via the Store’s Website, completes the order by selecting the Goods he or she is interested in. Adding Goods to the order is done by selecting the "Add to basket”; command under the given Goods presented on the Store’s website. After completing the entire order and indicating in "COSCZYK”; the method of Delivery and payment, the Customer places the order by sending the order form to the Seller by selecting the "Order and pay”; button on the Shop’s website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement.
The Customer placing an order via e-mail shall send it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer shall specify in particular: the name of the Goods, their colour and quantity, from among the Goods presented on the Store’s Website and his contact details.
After receiving from the Client by electronic means the message referred to in § 4 section 4, the Seller shall send the Client a return message via electronic mail, stating its registration data, price of selected Goods and possible forms of payment and delivery method together with its cost, as well as information about all additional payments which the Client would have to incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement by the Customer via e-mail entails the obligation to pay for the ordered Goods. On the basis of information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the chosen payment method and method of Delivery.
Placing an order shall constitute placing an offer by the Client to the Seller to conclude a Contract for the sale of Goods subject to the order.
After placing an order, the Seller shall send a confirmation of its placement to the e-mail address provided by the Customer.
Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. Information on acceptance of the order for processing is the Seller’s statement on acceptance of the offer referred to in § 4 paragraph 6 above and upon its receipt by the Customer the Sales Agreement is concluded.
After the conclusion of the Sales Agreement, the Seller shall confirm to the Customer the terms and conditions of the Agreement by sending them on a durable medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during the Registration or placing an order.
§ 5 Payments
Prices on the Store’s Website placed next to a given Goods are gross prices and do not include information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing the method of Delivery and placing an order.
The Customer may choose the following payment methods for the ordered Goods:
bank transfer to the bank account of the Seller (in this case, the execution of the order will be commenced after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the bank account of the Seller);
bank transfer to the bank account of the Seller with the option of personal collection in the office of the Seller (in this case, the implementation of the order will be commenced immediately after the Seller sends the Customer a confirmation of acceptance of the order, and the Goods will be released in the office of the Seller, after the funds are credited to the bank account of the Seller);
payment card or bank transfer through an external payment system tpay. com, operated by the company Krajowy Integrator Płatności Spółka Akcyjna, ul. Św. Marcin 73/6, 61-808 Poznań (in this case, the implementation of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after funds are credited to the bank account of the Seller).
The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
If the Client fails to make the payment within the time limit referred to in §5. 3 of the Regulations, the Seller shall set an additional time limit for the Client to make the payment and shall inform the Client about it on a durable medium. The information about additional time for payment also includes information that after the ineffective expiry of this time limit, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second term for making payments, the Seller shall send the Customer on a durable medium a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code.
§ 6 Delivery
The Seller performs the Delivery to the customer within 1-3 working days on the territory of the Republic of Poland.
The Seller delivers products on request (products not available in stock) to the customer within 5-15 WORKING DAYS.
The Seller shall be obliged to deliver the Goods subject to the Sales Agreement without defects.
The Seller publishes on the Store’s Website information on the number of Working Days required for Delivery and order processing.
The Delivery and completion date indicated on the Store’s Website is calculated on Business Days in accordance with §5. 2 of the Regulations.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of sending the Goods to the Customer (if the possibility of personal collection of the Goods has not been chosen), information confirming the sending of the consignment by the Seller shall be sent to the Customer’s e-mail address.
The Customer is obliged to examine the delivered shipment in time and in the manner accepted for shipments of a given type. In the event of a defect or damage to the consignment, the Customer has the right to demand that an employee of the Supplier write a proper protocol.
The Customer has the possibility to collect the ordered Goods personally. The collection may be performed in the Seller’s office on Business Days, during the opening hours indicated on the Store’s Website, after prior arrangement with the Seller of the date of collection via e-mail or by telephone.
The Seller, in accordance with the Customer’s will, attaches a receipt or a VAT invoice covering the Goods to the shipment being delivered.
In the event of the Customer’s absence at the address indicated by the Customer, given at the time of placing the order as the Delivery address, the Supplier’s employee will leave an advice note or attempt to contact the Customer by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or telephone, re-establishing the date and cost of Delivery with the Customer.
§ 7 Warranty
The Seller shall ensure the Delivery of Goods free from physical and legal defects. The Seller is liable towards the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:
make a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the defective Goods for free from defects or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled its obligation to replace the Goods with Goods free from defects or to remove defects. The Client may, instead of the defect removal proposed by the Seller, demand replacement of the Goods with a defect-free one or, instead of replacement of the Goods, demand removal of the defect, unless bringing the goods to conformity with the agreement in the manner chosen by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller. The value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Client would be exposed by another method of satisfaction shall be taken into account when assessing the excessive costs.
demand replacement of the defective Goods with Goods free from defects or removal of defects. The Seller shall be obliged to replace the defective Goods with Goods free from defects or to remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s demand if bringing about compliance with the Agreement for the sale of defective Goods in the manner chosen by the Customer is impossible or in comparison with the other possible way of bringing about compliance with the Agreement for the sale would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by the Seller.
The Seller shall be liable under warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. A claim for removal of a defect or replacement of the Goods with a defect-free one shall be time-barred within one year, but the time limit shall not end before the expiry of the time limit specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or make a statement on price reduction due to a defect in the Goods. If the Client demanded replacement of the Goods with Goods free from defects or removal of defects, the period for withdrawal from the Sales Agreement or submission of a declaration on price reduction begins at the moment of ineffective expiry of the period for replacement of the Goods or removal of defects.
All complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
Within 14 days from the date of the request containing the complaint, the Seller shall respond to the complaint of the Goods or the complaint related to the performance of the Sales Agreement reported by the Customer. The Goods under complaint should be delivered or sent to the address: Misbhv Concierge LLC, 1203 Jackson Ave, apt 8B, LIC, 11101 NY, USA.
The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to email@example.com In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with an answer.
The Seller shall not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court settlement of consumer disputes.
§ 8 Withdrawal from the Sales Agreement
A Customer who is a Consumer and who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the Contract of sale begins from the moment the Consumer takes possession of the Goods. The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be made, for example, in writing to the address of the Seller, by e-mail to the address of the Seller. The declaration may be made on a form, the specimen of which has been placed by the Seller on the Store’s Website at the address: Withdrawal form. In order to meet the deadline, it is sufficient to send a statement before its expiry. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller using the form available on the website at the address: Electronic Withdrawal Form. In order to meet the deadline, it is sufficient to send a statement before its expiry. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
If the Consumer made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer shall cease to be binding.
The Seller shall immediately, no later than within 14 days of receipt of the Consumer’s statement on withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of Goods to the Consumer. The Seller may withhold the return of payments received from the Consumer until the receipt of the Goods back or delivery by the Customer of proof of return of the Goods, depending on which event occurs earlier.
If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by him.
The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the deadline. Returned Goods should be delivered or sent to the address: Misbhv Concierge LLC, 1203 Jackson Ave, apt 8B, LIC, 11101 NY, USA.
In the case of withdrawal, the Customer who is a Consumer shall bear only direct costs of returning the Goods.
If, due to its nature, the Goods cannot be returned by post in the usual manner, the Seller shall inform the Consumer about the costs of returning the goods on the Store’s Website.
The Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding the manner necessary to determine the nature, characteristics and functioning of the Goods.
The seller shall reimburse the payment by the same means of payment as the consumer unless the consumer has expressly agreed to another means of reimbursement which does not involve any costs to the consumer.
§ 9 Unpaid services
The Seller shall provide free of charge services to Customers by electronic means:
Keeping a Customer Account.
The services specified in §9 section 1 above are provided 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected services listed above, which will be communicated to the Customers in a manner appropriate for the amendment of the Regulations.
The Contact Form service consists in sending a message to the Seller by means of a form placed on the Store’s website.
Resignation from the free of charge service Contact form is possible at any time and consists in stopping sending inquiries to the Seller.
The Newsletter service is available to any Customer who enters his or her e-mail address using the registration form provided by the Seller on the Store’s Website. After sending the completed registration form, the Customer receives immediately, by e-mail to the e-mail address given in the registration form confirmation by the Seller. At this moment, a contract for the electronic provision of the Newsletter service is concluded.
The Newsletter service consists in sending by the Seller, to the e-mail address, an e-mail message in electronic form containing information about new products or services offered by the Seller. The newsletter is sent by the Seller to all customers who have subscribed.
Each Newsletter addressed to Customers’; data shall contain, in particular: information about the sender, a completed "subject”; field, specifying the content of the shipment, as well as information about the possibility and manner of resignation from the free Newsletter service.
The Customer may at any time resign from receiving the Newsletter by unsubscribing from the subscription by means of a link included in every e-mail sent as part of the Newsletter service or by activating an appropriate field in the Customer’s Account.
The Customer Account Maintenance Service is available after the Registration according to the rules described in the Regulations and consists in making available to the Customer a dedicated panel within the Shop’s Website, enabling the Customer to modify the data provided during the Registration, as well as tracking the status of orders and the history of orders already completed.
The Customer who has made the Registration may submit a request to remove the Account of the Customer of the Seller, however, in the case of a request to remove the Account of the Customer by the Seller, it may be removed within 14 days from the request.
The Seller shall be entitled to block access to the Client’s Account and free of charge services, in the event of the Client acting to the detriment of the Seller or other Clients, violation by the Client of legal regulations or provisions of the Regulations, and also when blocking access to the Client’s Account and free of charge services is justified for security reasons – in particular: breaking the security of the Store’s Website by the Client or other hacking activities. Blocking access to the Client’s Account and free of charge services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Client’s Account and free of charge services. The Seller shall notify the Customer about blocking access to the Customer’s Account and free of charge services by electronic means to the address provided by the Customer in the registration form.
§ 10 Protection of personal data
The controller of your personal data is the business activity of Misbhv Concierge LLC, 1203 Jackson Ave, apt 8B, LIC, 11101 NY, USA, EIN472762033.
The Seller processes personal data of the Clients in order to execute orders, provide electronic services by the Seller and other purposes specified in the Regulations. Data are processed exclusively on the basis of legal regulations or consent given by the Client in accordance with applicable legal regulations.
You have the right to access the content of your data and to rectify, delete or limit the processing, as well as the right to object, to request the cessation of processing and the transfer of data, to withdraw your consent at any time and to lodge a complaint with the supervisory authority, i. e. the European Data Protection Supervisor: President of the Office for the Protection of Personal Data.
Providing data is voluntary, but necessary for the execution of orders, the provision of electronic services by the Seller and other purposes specified in the Regulations. If you do not provide this information, you will not be able to fulfil this purpose.
The data made available by you will be subject to disclosure in the event that the customer chooses to pay through the system tpay. com, his personal data are transferred to the extent necessary for the implementation of the payment Krajowy Integrator Płatności Spółka Akcyjna, ul. Św. Marcin 73/6, 61-808 Poznań. In addition, personal data will be made available to the courier company delivering the ordered goods.
The data provided by you will not be subject to profiling. The controller shall not intend to transfer personal data to a third country or an international organisation.
Personal data will be stored for no longer than the period required by the National Archives and Archives Act, starting from the beginning of the year following the year in which the personal data were provided.
§ 11 Termination of the contract (not applicable to Contracts of Sale)
Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, provided that the rights acquired by the other party before the termination of the aforementioned contract and the provisions below are preserved.
The Customer who has made the Registration terminates the agreement for the provision of services electronically by sending the appropriate declaration of will to the Seller, using any means of remote communication enabling the Seller to become familiar with the declaration of will of the Customer.
The Seller shall terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the Registration.
§ 12 Final provisions
Seller is liable for non-performance or improper performance of the contract, but in the case of agreements concluded with customers who are Entrepreneurs, Seller is liable only in the case of wilful damage and within the limits of actual losses incurred by the customer who is an Entrepreneur.
The content of these Regulations may be recorded by printing, recording on a carrier or downloading at any time from the Store’s Website.
In the event of a dispute arising under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The law applicable to all disputes arising under these Terms and Conditions shall be the law of Poland.
The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court methods of examining complaints and pursuing claims. The rules for access to these procedures shall be available on the premises or on the websites of the entities entitled to an extrajudicial settlement of disputes. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www. uokik. gov. pl/spory_konsumenckie. php The trader informs that an online platform for dispute resolution between consumers and traders at Union level (ODR platform) is available at http://ec. europa. eu/consumers/odr/;
The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for processing before the date of entry into force of the new Regulations are realized on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations shall come into force within 7 days from the date of publication on the Store’s website. The Seller shall inform the Customer 7 days prior to the entry into force of the new Regulations about the amendment to the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §11 of the Regulations.
The Regulations enter into force on 1. 06. 2018.