§1 Introductory provisions
1. Online store KINETIC PERFUMES BARCELONA, available at the internet address www.kineticperfumes.com is run by LUXE LOGISTIC LLC with its registered office in Spain, Mas Blau, Carrer d’Osona 2, 08820 El Prat de Llobregat, Barcelona entered into the National Court Register, Commercial Division, under number KRS0000852309 with share capital 100.000 and VAT number PL5213902611.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller – LUXE LOGISTIC LLC with its registered office in Spain, Carrer d’Osona 2, 08820 El Prat de Llobregat, Barcelona entered into the National Court Register, Commercial Division, under number KRS0000852309 with share capital 100.000 and VAT number PL5213902611.
3. Customer – each entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
5. Store – an online store run by the Seller at the Internet address www.kineticperfumes.com
6. Distance contract – contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations – these Regulations of the Store.
8. Order – the Customer’s declaration of will submitted via the order form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
9. Account – the customer’s account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
10. Registration form – a form available in the Store, enabling the creation of an Account.
11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.
§3 Contact with the Store
1. Seller’s address: Luxe Logistic LLC, Mas Blau, Carrer d’Osona 2, 08820 El Prat de Llobregat, Barcelona I Spain or Distributor’s office Luxe Logistic Sp. z o.o. Horizon Plaza, Domaniewska 39A, 02-672 Warsaw I Poland.
2. Seller’s e-mail address: email@example.com
3. Seller’s telephone number: +34 691 708 709, +48 799 713 777
4. Seller’s bank account number: IBAN: 93 1140 2004 0000 3912 1165 0274, SWIFT: BREXPLPWMBK
5. The Customer may communicate with the Seller or Distributor using the addresses and telephone numbers provided in this paragraph.
§4 Technical requirements
To use the Store, including viewing the Store’s assortment and placing orders for Products, you must:
a. have a terminal device with access to the Internet and a web browser such as Firefox,
b. have an active e-mail account (e-mail),
c. enabled cookies,
d. have FlashPlayer installed.
§5 General information
1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. The prices given in the Store are given in EUR and are gross prices (including VAT).
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including the moment of expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
6. When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be given in the Store in the Product description.
§6 Creating an Account in the Store
1. To create an Account in the Store, you must complete the Registration Form.
2. Creating an Account in the Store is free and is not obligatory.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§7 Rules for placing an Order
In order to place an Order:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if the option to place an Order without registration has been selected – fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient’s details,
5. click the “Order and pay” and confirm the order by clicking the link sent in the e-mail,
6. select one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
§8 Delivery and payment methods offered
1. All orders are shipped within 1 to 2 business days following the day the order was placed. Once your order has been completed and transferred to a carrier, you will automatically receive an email. Delivery takes 2-5 days after the shipping confirmation has been sent. Actual delivery times may vary depending on shipping locations.
2. Shipping costs:
a. Free Shipping in Europe for all orders. Switzerland and non-EU countries additional customs and VAT might be applicable.
b. Rest of the world, cost 45.00€ or free shipping for orders above 149.00€ Additional customs and VAT might be applicable.
3. The customer can use the following payment methods:
a. Electronic payments: debit or credit card, PayPal, ApplePay, GooglePay
b. Payment by bank transfer to the Seller’s account
4. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website. For any further questions or requests concerning your order and its delivery, please contact our customer service firstname.lastname@example.org
§9 Execution of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses a payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 1 calendar days from the date of the Sale Agreement – otherwise the order will be cancelled.
4. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
5. In the case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts or to deliver all Products after completing the entire order.
6. The start of the period of delivery of the Product to the Customer is counted as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
7. In the case of ordering Products with different terms of readiness for collection, the date of readiness for collection is the longest given date.
8. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
9. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
10. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement. In the case of delivery outside EU, all costs related to customs duties, local taxes, etc. are borne by the Client.
§10 The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the 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 the delivery of the last item, batch or part.
4. In the case of an Agreement which consists in the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 runs from taking possession of the first thing.
5. The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
6. The statement may be sent by traditional mail, or by e-mail by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3.
7. If the Consumer sends the statement by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
8. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the Consumer’s choice a delivery method other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
d. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
e. The consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
g. The consumer is only responsible for the reduction in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for delivery of digital content that is not saved on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract.
§11 Complaint and warranty
1. The Sales Agreement covers new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
3. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store’s subpages.
4. It is recommended that the complaint include, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.
5. The Seller will respond to the complaint immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer’s request was considered justified
6. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
7. If a guarantee has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.
§12 Out-of-court ways of dealing with complaints and redress
1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of municipal consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection.
2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation).
§13 Personal data in the Online Store
1. The administrator of personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Customers of the Online Store may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§14 Final Provisions
1. Agreements concluded through the Online Store are concluded in English.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of european law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, the customer may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.
KINETIC PERFUMES BARCELONA