TERMS AND CONDITIONS OF THE CHÉRUBIN ORGANIC ONLINE STORE
The present Terms and Conditions come into effect on 4-05-2020
The present Terms and Conditions govern the use of the services of Chérubin Organic Online Store, submission of orders for products offered by the Online Store, delivery of ordered products to the Client, payments made by the Client, the Client’s right to cancel an order and withdraw from a Contract, and filing and handling of complaints. Make sure to read these Terms and Conditions before you make a purchase in our Online Store.
I. GENERAL PROVISIONS
- Chérubin Organic at www.cherubin-organic.com is operated by AP Official Sp. z o.o. with its registered office at ul. Henryka Sienkiewicza 85/87/8, 90-057 Łódź, registered with the Register of Enterprises under statistical registration number (REGON): 383522742. (NIP): 97252290142.
- Products offered by Chérubin Online Store may be made from natural materials. As a result, the actual colors of the products may differ slightly from those presented in photographs. All product characteristics, properties, and materials used therein are described in detail. Bear in mind that color differences between received products and photographs thereof displayed by the Store may be the result of your individual monitor settings.
- The product information provided by Chérubin Online Store, such as descriptions and prices, constitute an invitation to make an offer to enter into a sales contract within the meaning of section 71 of the Polish Civil Code and of the present Rules and Regulations.
- All photographs used on our website have been made by us and constitute proprietary materials which are subject to protection pursuant to the Act
of 4 February 1994 on Copyright and Neighbouring Rights (in Polish Journal
of Laws of 2006, No. 90, item 631, as amended)
- ONLINE STORE – store offering products for sale via the Internet, operating at www.cherubin-organic.com/
- CLIENT – natural or legal person, or organizational unit without legal personality, vested with full capacity to enter into legal transactions, who/which have made a purchase in the Online Store in accordance with the provisions of the present Rules and Regulations;
- CONSUMER – Client who is a natural person, making a purchase in the Online Store in accordance with the provisions of the present Rules and Regulations for purposes other than connected with their business or professional activity;
- BUSINESS DAYS – weekdays from Monday to Friday, except public holidays on the territory of the Republic of Poland;
- PURCHASE OFFER – offer to enter into a Sales Contract, submitted by the Client by way of completing the purchase procedure with the Online Store;
- ORDER – all products listed by the Client in the Purchase Offer, which have been accepted by Chérubin;
- ORDER PROCESSING TIME – time required for Chérubin to prepare the Order and ship the same to the Client;
- ORDER DELIVERY TIME – time required for the Courier Service to deliver the Order to the address provided by the Client, starting from the moment that the parcel is correctly dispatched by Chérubin;
- PRODUCT PRICE – the gross price of a single item of a product, as determined by Chérubin and listed on the product page;
- FINAL PRICE – the gross price of a single item of a product, as reduced by any discounts applicable at the given time or available to the given Client, granted by Chérubin, which is stated in the “shopping bag” section at the time of completing the purchase procedure. The Final Price of a Product cannot be higher than the Product Price listed on the product page;
- TOTAL PRICE – the sum of the Final Prices of all products listed in the given Purchase Offer or in the given Order;
- SHIPPING FEE – the cost of shipping the order to the Client with the use of a selected shipping method to the address provided, as determined by Chérubin.
- PURCHASE OFFER VALUE – the sum of the Total Price of and the Shipping Fee for the given Purchase Offer;
- ORDER VALUE – the sum of the Total Price of and the Shipping Fee for products covered by an Order which has been accepted;
- COURIER SERVICE – an entity providing parcel delivery services, as selected by Chérubin for the purposes of performing its obligation related to delivering an Order to the Client;
- PROOF OF PURCHASE – any document confirming the purchase of any specific product in the Chérubin store. This includes in particular such documents as a tax receipt, invoice, cash register receipt, confirmation of bank transfer, order confirmation, or confirmation of the parcel having been dispatched to the Client.
III. REGISTRATION AND ORDER SUBMISSION
- The client can shop in the Online Store 24/7 via the Internet, on the Online Store’s website.
- The client makes an offer to enter into a Sales Contract with Chérubin by way of clicking the “submit your order” button in the “bag” section.
- By submitting an order, the Client represents that they have read the present Rules and Regulations. Ignorance of the provisions hereof does not release the Client from the obligation to abide by these Terms and Conditions.
- The client can register with the Store via its website. Registration is a one-time procedure. For the purposes of each subsequent purchase, the Client will use their previously set up Online Store login and password.
- Login and password must be kept confidential. Liability for any damage caused through disclosure of the same to a third party shall lie exclusively with the Client.
- Products listed in a Purchase Offer are not reserved thereby and can be purchased by other Clients.
- In a Purchase Offer, Client shall define:
- the product or products to be covered by the Sales Contract, their properties and quantity;
- correct shipping data, including;
- full name of the Client (forename and surname)
- Company/Business name (optional)
- street address (of the Client’s office and/or place of delivery), which must include the name of the street, number of the building and of the premises, postal code, place name (city, town, village) and country;
- Client’s current e-mail address;
- Client’s current telephone number;
- payment method;
- Client shall be solely responsible for the correctness of any data provided and shall bear all financial costs incurred due to erroneous address details (in particular the cost of shipping a parcel to an incorrect address and the cost of returning any such parcel to the sender).
- Chérubin shall send an automatic confirmation of receipt of the given offer to the e-mail address provided therein. This is not tantamount to confirmation of accepting the order and does not constitute the conclusion of a Sales Contract.
- Chérubin can decline to accept any Purchase Offer at its own discretion without cause. A Purchase Offer can be declined due to, inter alia, unavailability of the given product, restrictions reading shipment thereof, the Client’s inability to transmit payment, or the Client’s failure to abide by any criteria set out in the present Rules and Regulations.
- Chérubin shall not be liable to the Client or to any third parties on account of declining a Purchase Offer.
IV. ORDER CANCELLATION BY CLIENT
After submitting a Purchase Offer, the Client can cancel the same by notifying Chérubin accordingly via an e-mail sent to email@example.com, provided that such notification is sent before the Client receives confirmation of the Order having been accepted.
V. SALES CONTRACT
- The Sales Contract is entered into upon Chérubin sending to the Client’s e-mail address confirmation of accepting the Order.
- If no such confirmation of accepting the Order is sent within two Business Days of submission of the given Purchase Offer, the Client’s Purchase Offer has been declined.
- Chérubin may accept only some of the products listed in the Purchase Offer for processing. In such a case, the Client will receive confirmation of acceptance of a specific part of the Order.
- Under the Sales Contract, Chérubin undertakes to transfer to the Client the ownership of the given products and to deliver said products to the Client in accordance with the provisions hereof, and the Client undertakes to pay to Chérubin the Order Value and to receive the Order.
VI. PRODUCT PRICES
- The binding price of the given product shall be the Final Price quoted in the order summary in the “bag” section.
- The Purchase Offer Value will be quoted in “your shopping bag”, in the “bag” section once the Order’s delivery place and the method of payment have been entered.
- Chérubin can change the Product Prices at will, as well as organize promotional and sales campaigns of any type whatsoever. Any Purchase Offers submitted prior to publication of any such changes shall be processed in accordance with the terms and conditions previously in force.
VII. METHODS OF PAYMENT
- Payment can be made:
- Online transfer via Blue Media,
- Credit card via payment processors contracted by Chérubin,
- The client pays to Chérubin the amount due for the respective Order no later than
3 Business Days after receiving Chérubin’s confirmation of acceptance of the Order. Said confirmation will contain all data required to make the payment, including the Order Value amount.
- The amount of the respective Purchase Offer Value can be paid prior to Chérubin’s acceptance of the Purchase Offer. In such a case, the payment will be treated as an advance payment, ana d the provisions of law concerning earnest money deposits shall not apply. If Chérubin should decline the Purchase Offer or accept the Purchase Offer only partially, the advance payment shall be refunded to the Client, respectively, in its entirety or in the amount of difference between the payment made and the ultimate Order Value as per the accepted Order.
VIII. ORDER DELIVERY
- Chérubin ships ordered products:
- on the territory of the Republic of Poland – via DPD Courier Service, subject to their general terms and conditions of service available on their website at abroad
- When receiving the parcel from the Courier Service or the Post, the Client is obliged to carefully inspect the package and the contents thereof. If the package is damaged, the delivery person should draw up a shipping damage report, in duplicate, which must be signed by a representative of the Courier Service and by the Client. The client should e-mail Chérubin at firstname.lastname@example.org to confirm that the shipping damage report has been drawn up and the delivery has been rejected. The Client should keep a copy of the shipping damage report for reference.
IX. ORDER PROCESSING
- Processing shall be understood as preparing and correctly dispatching to the Client a parcel containing the products accepted for processing as per the Order acceptance confirmation.
- Accepted orders will be processed promptly upon receipt of a confirmation of payment made to the Chérubin account, but in any event no later than within 10 (the ten) Business Days.
- Products that are not available at the time that the Client submits their Purchase Offer or products customized based on Client’s instructions will be shipped to the Client within a time limit individually agreed through e-mail arrangements.
- The client will receive from Chérubin an e-mail notification confirming dispatch of the parcel and stating the respective waybill number.
- Complaints must be sent in writing to Chérubin e-mail no later than within 2 (two) months after discovering the defect, no later than two years after the handover of the product to the Client.
- Complaints procedure:
- Take photographs of the product (in particular the defect) and send it to Chérubin e-mail address at email@example.com complete with a filled-out complaint form and proof of purchase.
- Chérubin will make its decision as to whether the complaint is justified or not within a maximum of 30 days after receiving the same;
- If the complaint is found justified, the defective product must be returned at Chérubin expense to the address stated in article 1 hereof, in a manner specified in the e-mail communication regarding that complaint.
- Chérubin will deliver a replacement item to the Client at its own expense or refund the amount paid – at the Client’s own discretion – promptly, but in any case no later than within 30 days of receipt of the defective product.
XI. RIGHT TO WITHDRAW FROM THE CONTRACT
- Pursuant to the Act of 30 May 2014 on Consumer Rights (in Polish Journal of Laws No. 683 of 2017) a CONSUMER, within 14 days of the receiving the delivery, can cancel the purchase of an item purchased in Chérubin Online Store (withdraw from the Sales Contract without cause).
- In order to exercise the right referred to in clause 1, Consumer is obliged to provide Chérubin with a written statement on withdrawal from the concluded Sales Contract, complete with proof of purchase.
- The time limit of 14 days, as referred to in the aforesaid Act, is deemed observed if said statement is dispatched, including sent via e-mail, within 14 days of the item’s delivery to the Client.
- If a consumer withdraws from a contract in accordance with the aforesaid procedure, they are obliged to return the purchased product at their own expense within 14 (fourteen) days of withdrawing from the contract, in a non-deteriorated condition which clearly demonstrates that ta he products has not been used and in its original packaging.
- If withdrawal from the contract is effective, Chérubin will refund the product’s price (complete with the cost of shipment to the Consumer) to the CONSUMER.
XII. PROCESSING OF PERSONAL DATA
- By making a purchase in Chérubin Online Store, the Client grants their consent to the processing of their personal data for the purposes of order fulfillment.
- Personal data shall be protected pursuant to the Act of 29 August 1997 on Protection of Personal Data (uniform text in Polish Journal of Laws of 2002, No. 101, item 926, as amended) in a manner preventing any access thereto by third parties.
- Pursuant to the aforesaid Act, Clients are entitled to review their personal data, amend the same, and demand deletion of the same.
XIV. FINAL PROVISIONS
- Chérubin shall be e entitled at any time to discontinue its services, amend its offer or withdraw any offered products without cause. Such changes shall not affect the performance of any Sales Contracts concluded prior to their implementation.
- In matters not addressed by the present Rules and Regulations, provisions of the law in force on the territory of the Republic of Poland, in particular of the Polish Civil Code and the Act of 30 May 2014 on Consumer Rights, shall apply.
- All names, models, and designs of products offered by Chérubin through the Online Store are the property of Chérubin and may be protected and registered as proprietary pursuant to provisions of the Industrial Property Law or other laws.
- In the event that the present Terms and Conditions are amended, all Sales Contracts concluded prior to such amendment shall be performed in accordance with the terms and conditions applicable at the time of conclusion thereof.