TERMS AND CONDITIONS OF THE ONLINE STORE

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

  1. The Regulations set out the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and terms of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683 t.j., as amended).
  2. Each customer should familiarize himself with the Regulations.
  3. The Regulations are available on the Store’s website and are also made available free of charge prior to the conclusion of the contract. At the request of the Client, the Regulations are also made available in such a way that enables its content to be obtained, reproduced and recorded by means of the information and communication system used by the Client (e.g. by e-mail).
  4. Basic definitions:
  5. Regulations: Online Store Regulations;
  6. Seller or Service Provider: Crystal Evo Agata Węgrzyn, ul. Malenicka 78C, 26-604 Radom
    Customer or Customer: a natural person who is 18 years of age or older and has full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur obligations in its own name, who enters into a legal relationship with the Seller in the scope of the Store’s activities. A customer is also a Consumer, if there are no separate provisions for the Consumer in the matter;
  7. Consumer: A customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his/her business or professional activity;
  8. Electronic Service – a service within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2017.1219, as amended), provided electronically by the Service Provider to the Client via the Website;
  9. Store or Online Store, or Service: electronic service, Online Store, operated by the Seller at the Internet address https://www.crystalevo.com, whereby the Customer concludes a contract of sale at a distance, the parties are informed of the sale by an automatically generated e-mail, and the performance of the contract (in particular, the delivery of the Goods) takes place outside the Internet;
  10. Account – Electronic Service, marked with an individual name (login) and password provided by the Client, a collection of resources in the Service Provider’s ICT system, in which data provided by the Client and information about activities within the Store are collected;
  11. Goods or Product – goods sold in the Store, offered by the Seller;
  12. Contract – a remote agreement for the purchase of Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
  13. Form – a script that is a means of electronic communication, which allows you to place an Order in the Store or perform other actions in the Store;
  14. Order – an instruction to purchase Goods placed by the Customer by means of technical communication;
  15. Newsletter – Electronic Service, an electronic distribution service provided by the Service Provider via electronic mail (e-mail), which allows all Customers using it to automatically receive periodic messages (newsletters) from the Service Provider, containing information about the Site, including news or promotions in the Store.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

  1. Seller’s data for contact with the customer: ul. Malenicka 78C
    Radom 26-604, e-mail address contact@crystalevo.com, phone number 791-724-670
  2. The Seller offers the following types of Electronic Services:

1) Online Store,
2) Newsletter,
3) Opinion (commenting),
4) Account.

  1. The Seller provides Electronic Services in accordance with the Terms and Conditions.
  2. A technical condition for using the Store is that the Customer must have a computer or other devices that allow browsing the Internet, appropriate software (including an Internet browser), Internet access and a current and active e-mail account.
  3. It is prohibited for the Customer to provide unlawful content.
  4. The use of the Store may involve risks typical of Internet use, such as spam, viruses, hacking attacks. The vendor takes measures to counter these risks. The Seller indicates that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above, including anti-virus and identity protection programs for Internet users.
  5. The conclusion of the contract for the provision of Electronic Services is made through the Store via the Internet. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer’s account. In such a case, the contract for the provision of Electronic Services shall automatically terminate without the need for additional statements by the parties.
  6. It is not possible to use the Store anonymously or using a pseudonym.

CHAPTER 3. PERSONAL DATA

  1. The Seller processes the personal data provided by Customers in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: the “Regulation”). In particular:

1) The vendor shall ensure that the data:
(a) processed lawfully, fairly and transparently for Customers and other data subjects;
(b) collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
(d) correct and updated as necessary;
(e) kept in a form that allows identification of the data subject for no longer than necessary for the purposes for which the data are processed;
(f) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures,
2) The Seller shall apply appropriate technical and organizational measures to ensure the protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons;
3) The vendor shall provide access to personal data and exercise of other rights to customers and other data subjects in accordance with the applicable laws in this regard.

  1. The basis for the processing of personal data is the consent of the Customers or the occurrence of another premise authorizing the processing of personal data according to the Regulation.
  2. The vendor guarantees the exercise of the rights of persons whose personal data is processed under the terms of the relevant legislation, including those persons are entitled to:

1) The right to withdraw consent on the processing of personal data;
2) The right to information regarding their personal data;
3) The right to control the processing of data, including supplementation, updating, rectification, deletion;
4) The right to object to processing or to restrict processing;
5) The right to complain to the supervisory authority and use other legal remedies to protect their rights.

  1. A person with access to personal data shall process them only on the basis of the Seller’s authorization or a contract for entrustment of personal data processing and only on the instructions of the Seller.
  2. The Seller assures that it does not make personal data available to other entities than those authorized under applicable law, unless required by European Union or Polish law.

CHAPTER 4. ADDITIONAL INFORMATION

§1 Account

  1. Registration of an Account on the Store’s website is free of charge and requires the following actions: The customer should fill in the registration form by providing certain data and making statements on acceptance of the Terms and Conditions, processing of personal data, provision of commercial information. A link will be sent to the Customer’s e-mail address provided by the Customer during the Account registration process, which will allow verification of the Account. Logging in to the Account consists in providing the login and password established by the Customer. The password is confidential and should not be shared with anyone.
  2. The Account allows the Customer to enter or modify data, make or check Orders, and view Order history.
  3. The Account Electronic Service is provided free of charge for an indefinite period of time.
  4. The Customer may cancel the Account in the Store at any time by sending the appropriate request to the Seller by e-mail to the following address: contact@crystalevo.com or in writing to the Seller’s address: ul. Malenicka 78C, Radom 26-604.

§2. Newsletter

  1. The Newsletter service is designed to provide the Customer with the requested information.
  2. Use of the Newsletter does not require registration of an Account by the Customer, but it does require the provision of an e-mail address and the submission of declarations on acceptance of the Regulations, processing of personal data, transmission of commercial information.
  3. A confirmation link for Newsletter subscription will be sent to the Customer’s e-mail address.
  4. The Newsletter Electronic Service is provided free of charge for an indefinite period of time.
  5. The Customer may at any time unsubscribe from the Newsletter by sending an appropriate request to the Vendor by e-mail to: contact@crystalevo.com or in writing to the Seller’s address: ul. Malenicka 78C, 26-604 Radom.

§3. Feedback

  1. The Seller allows Customers to post individual and subjective statements (opinions, comments) of the Customer on the Store’s website, in particular regarding the Goods.
  2. The service is provided free of charge for an indefinite period of time.
  3. Use of the service is possible anonymously.
  4. The Seller may use reviews for content posted on the Website.

 

CHAPTER 5. SALE

§1. Goods

  1. All Products offered in the Store are new and have no defects.
  2. A detailed description of the Goods can be found on the Store’s website.

§2. Orders and their processing

  1. An order can be placed by filling out the Form, available in the Store.
  2. Orders can be placed after registering an Account with the Store or without registering an Account with the Store (guest shopping).
  3. The customer is obliged to carefully fill out the Form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery.
  4. The customer provides data in the Form and makes statements on acceptance of the Regulations, processing of personal data, transmission of commercial information.
  5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed on the next business day.
  6. Confirmation of the Order is made by the Customer by selecting the button (box) marked “order with obligation to pay”. The Seller will send the Customer a confirmation of the Order to the e-mail address indicated by the Customer.
  7. The lead time of the order (i.e. until the day of shipment of the Goods) is up to 2 working days.

§3. Payments

  1. All prices of Goods given in the Store are gross prices in Polish zloty (prices include VAT). The price of the Goods does not include the costs referred to in Section 2 below. The price of the Goods quoted at the time the Customer places the Order is binding for both parties.
  2. The costs associated with the delivery of the Goods (e.g., transportation, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer’s choice of delivery method for the Goods. Information about the amount of these costs is provided at the stage of placing the Order.
  3. The customer can choose the form of payment:
  1. traditional transfer – payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay/paid the amount due to the Store’s bank account. Completion of the Order takes place after the Customer’s payment is credited to the Store’s bank account;
  2. payment through the payment system Przelewy24 or traditional transfer – payment before shipment of the Goods (prepayment). After placing the Order, the Customer should make payment through the Przelewy24 system or by traditional transfer. Order processing takes place after the Customer’s payment is credited to the payment system .
  3. payment upon personal collection of the Goods (cash or payment by card) – the Customer pays the amount due directly upon personal collection of the Goods at the Seller’s stationary store. The execution of the order takes place after the acceptance of the Order.
  4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer, insofar as common law requires delivery.
  5. The customer is obliged to pay within 2 days of the conclusion of the sales contract. If the customer fails to make payment within this period, then – according to Art. 491 § 1 of the Civil Code (Journal of Laws 2017.459 t.j., as amended) – the Seller will give the Customer an additional period for payment, after the ineffective expiration of which he will be entitled to withdraw from the contract. If the Customer declares that the performance will not be fulfilled, the Seller may withdraw from the contract without setting a grace period, also before the arrival of the specified date for performance.
  6. The operator of the payment cards is PayPro SA Clearing Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068.

§4. Delivery

  1. The product is shipped to the address indicated by the Customer in the Form, unless otherwise agreed by the Parties.
  2. The product is delivered either by courier service or by postal operator at the customer’s choice.
  3. Along with the Goods, the Vendor shall issue to the Customer all items of its equipment, as well as instructions for operation, maintenance and other documents required by generally applicable laws.
  4. The vendor indicates that:
    1) upon delivery of the Goods to the Customer or the carrier, the benefits and burdens of the Goods and the danger of accidental loss or damage to the Goods shall pass to the Customer. When selling to a Consumer, the danger of accidental loss of or damage to the Goods shall pass to the Consumer at the time of delivery of the Goods to the Consumer. Delivery of the Goods is considered to be its entrustment by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
    2) acceptance of a shipment of Goods by the Customer without reservation shall extinguish claims for loss or damage in transit, unless:
    (a) the damage was found by protocol before acceptance of the shipment;
    (b) such determination was omitted through the fault of the carrier;
    (c) the loss or damage resulted from the intentional fault or gross negligence of the carrier;
    (d) damage that is not outwardly observable was discovered by the authorized person after acceptance of the consignment and within 7 days requested to determine its condition and proved that the damage occurred between acceptance of the consignment for transportation and its release.

§5. Additional information for the Consumer

  1. The contract is not for an indefinite period and will not be subject to automatic renewal.
  2. The minimum duration of the Consumer’s obligations under the Contract is the duration of execution of the Contract, i.e. making payment and receiving the Goods.
  3. The use of the Store by the Consumer is not connected with the obligation to make a deposit or provide other financial guarantees.
  4. The vendor is not obliged to and does not apply the code of good practice referred to in Art. 2 item 5 of the Law of August 23, 2007. On counteracting unfair market practices (Dz.U.2016.3 as amended).

 

CHAPTER 6. RESPONSIBILITY

  1. Liability under warranty is excluded in legal relations with customers.
  2. The Seller is responsible to the Consumer if the Goods have a physical or legal defect (warranty) under the rules set forth in the provisions of the Civil Code (Journal of Laws 2017.459 t.j. as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683 t.j. as amended), including the following:
    1.Physical defect consists in the non-conformity of the Goods with the contract. In particular, the Goods are not in conformity with the contract if:
    a) The goods do not have the characteristics that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
    b) The goods do not have the properties that the Seller assured the Consumer of;
    c) The goods are not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
    (d) The Goods were delivered to the Consumer in an incomplete state.
    (2) The Goods have a legal defect if the Goods are the property of a third party or if they are encumbered with a right of a third party, as well as if the restriction on the use or disposal of the Goods results from a decision or ruling of a competent authority; in the case of the sale of a right, the Seller is also responsible for the existence of the right;
    (3) The Seller shall be liable under warranty for physical defects that existed at the time when the danger passed to the Consumer or arose from a cause inherent in the Goods at the same time.
    (4) The seller is exempt from liability under the warranty if the Consumer knew about the defect at the time of the conclusion of the contract;
    5. if a physical defect is discovered before the expiration of one year from the date of delivery of the Goods, it shall be presumed that the defect or its cause existed at the time when the danger passed to the Consumer;
    (6) The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of two years from the date of issuance of the Goods to the Consumer, and if the Goods purchased by the Consumer is a used movable item, the Seller shall be liable under the warranty if the physical defect is discovered before the expiration of one year from the date of issuance of the Goods;
    7. the Consumer’s rights under the warranty are:
    a) demand a reduction in the price of the Goods or withdrawal from the contract, unless the Seller immediately and without undue inconvenience for the Consumer will replace the defective item with a defect-free one or remove the defect;
    b) The Consumer, instead of the removal of the defect proposed by the Seller, may demand the replacement of the Goods with defect-free ones, or instead of replacing the Goods, demand the removal of the defect, unless bringing the Goods into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way proposed by the Seller. In assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the defect found, as well as the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account;
    8) A consumer who exercises warranty rights is obliged, at the Seller’s expense, to deliver the defective thing to the place specified in the contract, and if such a place is not specified in the contract – to the place where the thing was delivered to him.

CHAPTER 7. COMPLAINT HANDLING PROCEDURE

  1. Complaints should be addressed by the Customer to the Seller in writing to the address: ul. Malenicka 78C, 26-604 Radom. The customer may use the complaint template available in the Store, but this is not a condition for processing the complaint.
  2. If the shipment with the Goods is found to be tampered with, has suffered loss or damage, the Customer should immediately (no later than within 7 days of receipt of the shipment) file a complaint with the Seller. Such an action will make it possible to pursue claims against the carrier. This is not a condition for processing the complaint.
  3. The complaint should include a detailed description of the problem and the customer’s request, possibly including photographic documentation.
  4. The seller undertakes to process the complaint within 30 days. If the Seller does not respond to the Consumer’s complaint within 14 days, he is considered to have recognized it as justified.
  5. If the complaint is accepted, the Seller will take appropriate action.
  6. It is possible to use out-of-court ways of handling complaints and claims in legal relations with Consumers, including:
    1. the possibility of resolving disputes electronically through the ODR (online dispute resolution) platform, available at http://ec.europa.eu/consumers/odr/;
    2.The possibility of amicable proceedings before a general court or arbitration court or other bodies;
    3.The possibility of mediation proceedings with the participation of an independent mediator.

 

CHAPTER 8. WITHDRAWAL

  1. Withdrawal from the Contract by the Seller or the Customer may be made under the rules set forth in the Civil Code (Journal of Laws 2017.459 t.j., as amended).
  2. The consumer has the right to withdraw from the Contract within 14 days of receipt of the Goods.
  3. Information on cancellation of the Contract by the Consumer is contained in the instructions on the right of withdrawal, available on the Store’s website.
  4. The right of withdrawal does not apply to the Consumer with respect to certain contracts, i.e.:
    1. 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 start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement;
    2. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;
    3. in which the Goods is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet the Consumer’s individualized needs;
    4. in which the Goods are a perishable item or have a short shelf life;
    5. in which the Goods is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery;
    6. in which Goods are things that, after delivery, by their nature, become inseparable from other things;
    7. in which the Goods are alcoholic beverages, the price of which was agreed upon at the conclusion of the Contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
    8. in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides things other than spare parts necessary to perform repair or maintenance, the right to withdraw from the Agreement is granted to the Consumer with respect to additional services or things;
    9. in which the Goods are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    10. for the supply of daily 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, transportation of goods, rental of cars, 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 Seller has informed him of the loss of the right of withdrawal.
  5. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
  6. If the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
  7. The consumer is obliged to return the Goods together with all items of equipment, including packaging, as long as it is an essential part of the Goods. The Seller may refrain from refunding the payment until it receives the Goods or until it provides the Seller with proof of their return, whichever event occurs first.
  8. The Consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear these costs.
  9. The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  10. In the event of an effective withdrawal from the Agreement, the Agreement shall be considered not concluded.

 

CHAPTER 9. INTELLECTUAL PROPERTY

  1. The rights to the Website and the content contained therein belong to the Seller.
  2. The website address under which the Store is available, as well as the contents of the https://www.crystalevo.com website are the subject of copyright and are protected by copyright and intellectual property laws.
  3. All logos, proprietary names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from https://www.crystalevo.com without the owner’s permission is prohibited.

 

CHAPTER 10. FINAL PROVISIONS

  1. In matters not regulated by the Regulations in legal relations with Customers or Consumers, the relevant provisions of generally applicable law shall apply.
  2. Any deviation from the Regulations must be in writing under pain of nullity.
  3. The court of competent jurisdiction to resolve a dispute between the Seller and the Customer will be the court of competent jurisdiction according to the registered office of the Seller. The competent court to resolve a dispute between the Seller and the Consumer will be the court of general jurisdiction (the court of the defendant’s place of residence) or another court more convenient for the Consumer (according to Article 31-37 of the Code of Civil Procedure).