Terms of Service

TERMS AND CONDITIONS FOR THE DÉSIR ÉTERNEL ONLINE SHOP

BEFORE YOU ENTER ANY AGREEMENT, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IN CASE OF ANY QUESTIONS OR DOUBTS, PLEASE CONTACT US AT THE FOLLOWING E-MAIL ADDRESS: info@desireternel.com

The DÉSIR ÉTERNEL online shop is operated by the Beautamine Sp. z o. o., ul. Legackiego 7, 26-600 Radom, Polska

§1. General Provisions

1. The Beautamine Sp. z o. o. sells goods via the Internet using the product website.
2. Orders in the store may be placed by natural persons over 18 years of age, minors with the consent of their legal guardians, legal persons and organizational entities without legal personality to whom the law grants legal capacity.
3. All products offered in the store are brand new.
4. The presented prices are expressed in a particular currency, depending on the selected country, including VAT. Prices do not include shipping costs. Shipping costs are added as a separate item in the shopping cart. Information on the price of the shipment is provided before the conclusion of the sales contract.
5. The price for each product is binding from the moment the order is placed. The price binds both the Customer and the Seller to Beautamine Sp. z o. o.
6. Beautamine Sp. z o. o. reserves the right to: change the prices of offered goods, excluding the situation referred to in paragraph 5, introduce new goods to the offer, carry out and cancel promotional and sale campaigns on the website or make changes to them.
7. A proof of purchase (receipt or VAT invoice) is issued for each order.
8. The sales contract is concluded in accordance with Polish law and the Polish language between the Buyer and the Seller, the company Beautamine Sp. z o. o. The essential provisions of the concluded contract are recorded, secured and made available by printing and providing the Buyer with a VAT invoice or order specification.
9. The Store may contact the Buyer via the Manychat application, which is used to automate interactive conversations between the Seller and the Buyer.

§2. Placing Orders and Payments

1. To conclude a sales contract via the online store, you need to go to the product's website, select goods, and take further technical steps based on the messages displayed to the Buyer and the information available on the website.
2. Orders can be placed:
1. on the website - 24h;
2. via e-mail (preferred in case of individual orders) – 24h;
3. by sending a request to the e-mail address info@desireternel.com – 24h;
3. The store confirms the order by e-mail within 24 hours of receiving it. In exceptional cases (due to a technical error or unjustified use of a discount code or obtaining and using it in a manner inconsistent with the regulations), the store has the right to withdraw from the sale and not fulfil the order.
4. Submitting the order to fulfilment commences after confirmation of the Customer’s personal data and; in case of cash on delivery payment method – after receiving the confirmation of placing the order, or in case of bank transfer payments – after receiving payment to the bank account.
5. The Buyer can choose the following payment methods for the ordered goods:
   1. cash on delivery,
   2. online payments,
   3. bank transfer,
   4. credit card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
   5. BLIK.
6. The entity providing online payment services is mElements S.A., based in Warsaw, ul. Prosta 18, 00-850 Warszawa, KRS 0000590484, REGON 363203696, NIP 5223047892.
7. In the case of payment via credit card, the order processing time is counted from the moment the transaction is positively authorized.
8. If, after placing an order, it turns out that the ordered product is currently unavailable, the Buyer will be immediately informed by e-mail or telephone.
9. In such a situation, the Buyer decides on further order processing (extending the waiting time or cancelling the order).
10. If the Buyer decides (when the Store is unable to complete the entire order) to fulfil part of the order, the remaining part of the amount (in the case of prepayment) will be returned to the indicated account.
11. If the Buyer decides to cancel the order (if the Store is unable to complete the entire order), the entire amount will be returned to the Buyer (in the case of prepayment) to the indicated account.
12. The purchaser can cancel the order or perform its alteration until the moment of shipping.
13. The moment of telephone or e-mail confirmation of placing an order by Beautamine Sp. z o. o. is the last opportunity to correct incorrectly provided personal data or an incorrectly placed order by the Buyer.
14. If the fiscal receipt or VAT invoice contains incorrect data, the Buyer should issue a corrective note in accordance with the Regulation of the Minister of Finance. A complete change of the Buyer's data is not possible.

§3. Cost and Time of Delivery

1. The store delivers parcels to the Buyer via a courier company.
2. The parcel delivery to the Customer is payable unless the contract provides otherwise. Product shipping costs are public and are included in the "SHIPPING" tab when placing an order.
3. The store does not allow the collection of orders in person.
4. Shipments are delivered in Poland and other European Union countries (additional fee for international shipments).
5. The Buyer is obliged to collect the ordered goods and pay for the ordered goods in accordance with the selected form of payment.
6. The ordered goods by the Buyer will be delivered to the address indicated by the Buyer when placing the order or to the parcel station indicated by the Buyer.
7. If the Buyer fails to collect the package, he/she is obliged to cover the costs of returning the goods to the Seller, i.e. the return shipping cost.
8. If the Buyer fails to collect the package, the Seller will demand to fulfil the contract, i.e. to cover the additional costs incurred by the Seller, i.e. the costs of the return shipping and the costs of re-shipment. After the ineffective expiry of the deadline set by the Seller, it will withdraw from the contract and reimburse the Buyer for the price of the products with the return shipping cost deducted.
9. If the Seller is asked to resend the products, the Buyer covers the costs.
10. The shipment and outer packaging should be checked before signing the courier receipt in the courier's presence. In the case of a damaged shipment (tears, damaged foil, traces of repackaging, crumpled cardboard) or loss of content, or in the event of non-delivery of the ordered goods, or finding shortages in the shipment, the following steps should be taken:
    1. damage or suspected damage should be reported in the courier receipt or with the electronic signature on the courier's mobile device;
    2. draw up a damage report together with the courier. The information can also be written by hand - in this case, you should report your willingness to prepare the report at the carrier's hotline;
    3. the report should include information on the condition of the shipment;
    4. enumerate damaged products, type of damage and possible shortages in the order;
    5. the protocol should be legibly signed by the courier.
    Then immediately inform Beautamine sp. z o.o. about the situation and describe any irregularities in a clear and detailed way by e-mail to the following address: info@desireternel.com.
11. When picking up a parcel at a parcel station, if damage or shortage is found, the package should be left in a parcel station or go to the nearest InPost point to write down a damage report. Then, you should immediately inform the Store about the situation and describe any irregularities in a clear and detailed way by e-mail to the following address: info@desireternel.com.

§4. Warranty Claims and Returns

1. The Buyer, a consumer, may withdraw from the contract and resign from the purchased goods without giving a reason within 14 days from the date of receipt of the shipment. To withdraw from the contract, the Customer should submit a statement of withdrawal from the contract.
2. The Buyer may send a statement of withdrawal from the contract together with the returned goods within the time limit specified in paragraph 1.
3. The declaration of withdrawal from the contract should contain: the specification of the addressee (according to the data provided below), the date of conclusion of the contract/receipt of the goods, name, surname and address of the person withdrawing from the contract, information about the subject of withdrawal, and a statement regarding withdrawal from the contract with the Store, and – in the case of a statement on paper - it should be signed. When withdrawing from the contract, you can use the form prepared by the Store or the form constituting Annex No. 2 to the Act on consumer rights.
4. The declaration of withdrawal from the contract should be sent by post in paper version to the address indicated below or sent by e-mail to the following e-mail address: info@desireternel.com
   Beautamine Sp. z o. o.,
   Franciszka Legackiego 7, 26-600 Radom
   With the note: RETURN.
5. The online store guarantees a refund equal to the price of the goods within 10 business days using the same payment methods used by the Buyer in the original transaction unless the Buyer agrees to a different solution.
6. The Store informs that in the event of withdrawal from the contract, the Buyer is obliged to bear the costs of returning the goods to the Store. For clarification purposes only, we would like to inform you that if the purchased goods were included in promotional sales, e.g. free product added to the purchased goods, or the promotion allowed purchasing another product or products at a reduced price, the withdrawal from the contract applies to all purchased and goods received under this contract.
7. Entrepreneur running a sole proprietorship who does not use the store as part of his professional activity (hereinafter referred to as the Privileged Entrepreneur) - a natural person using the store, including, in particular, making a purchase to the extent not related to his business activity, when the nature of the purchased product that it does not have a professional nature, resulting in particular from the subject of the business activity, made available based on the provisions on the Central Register and Information on Economic Activity. When completing the order form, the Privileged Entrepreneur declares that the order is not related to professional activity - this will be equivalent to unchecking the checkbox located under the order form. The Privileged Entrepreneur has the right to withdraw from the contract on the same terms as the consumer.
8. The Buyer is responsible for the decrease in the value of the goods resulting from using them differently than was necessary to establish the nature, characteristics and functioning of the goods.
9. According to Art. 38 points 4, 5 and 6 of the Act of 30 May 2014 on consumer rights, the Buyer is not entitled to withdraw from a contract in which:
   1. the subject of the service is an item that is subject to rapid deterioration or has a short shelf life;
   2. the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery;
   3. the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery.

§5. The Seller's Liability for Non-conformity of the Goods with the Contract. Consumer Complaints.

1. The Seller is obliged to deliver the goods in accordance with the contract.
2. The Seller is liable to the buyer if the goods sold are inconsistent with the contract (warranty). In this case, the Buyer may file a complaint with the Seller.
3. Complaints regarding products purchased by the Buyer from the Seller may be submitted by e-mail to the following e-mail address: info@desireternel.com or in writing to the following address:
   Beautamine Sp. z o. o.,
   Franciszka Legackiego 7, 26-600 Radom
   With the note: CONSUMER COMPLAINT.
4. To submit a complaint, the Buyer may use the complaint form prepared by the Store. The form is not mandatory.
5. In the complaint, the Buyer should indicate the reason for the complaint and the request. The complaint should also contain the Buyer's data, enabling the response to the complaint (name, surname, address).
6. The Buyer submitting a complaint about the goods should present proof of purchase (e.g. a receipt - paper or electronic), VAT invoice (paper or electronic), an e-mail confirmation of placing an online order, and confirmation of a transfer from a card/account. Lack of proof of purchase, indicating that the Seller is the entity responsible under warranty, may result in a refusal to consider the complaint.
7. The Seller will respond to the complaint within 14 days of receiving the complaint.
8. If the complaint is accepted, the Buyer receives information on how the complaint was dealt with.
9. The store refunds the cost of the returned goods after receiving the package and accepting the complaint. A damaged product will be replaced with a full-fledged one. If the exchange is not possible, the Store will return the Buyer the equivalent of the product's price and shipping or offer another product.

§6. Privacy Policy and Privacy Law

Pursuant to Art. 13 paragraph 1 and 2 of Regulation of the European Parliament and of the Council (EU) 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 as well as repealing of Directive 95/46/EC (General Data Protection Regulation hereinafter GDPR), we would like to inform you that:

1. The customers' personal data administrator is Beautamine Sp. z o. o., ul. Legackiego 7, 26-600 Radom, Polska. Contact with the personal data administrator is possible via the following e-mail address: rodo@beautamine.com.
2. Customer's personal data will be handled in accordance with the regulations regarding the protection of personal data, implemented privacy policy for the purpose to conclude and shape an agreement, as well as its further amendments or termination, and proper realisation of services via electronic means necessary for the purposes of the legitimate interests (legally justified), the data processing shall not violate the rights and freedoms of the person, whose personal data are concerned, as well as in regard with the customer's consent, who has signed for, e.g. a newsletter.
3. In connection with the provision of services, personal data will be disclosed to external entities, including in particular suppliers responsible for the operation of IT systems used to provide services, entities such as banks and payment operators, research companies, entities providing accounting and legal services, marketing agencies (in the scope of marketing services) and entities associated with the Administrator, including BONATED sp. z o.o. with its registered office in Warsaw, KRS: 0001019022 and ELEVER sp. z o.o. with its registered office in Warsaw, KRS: 0001019164.
4. Customers' personal information shall not be shared with third countries/international organisations.
5. Customers' personal information shall be stored for the period of service and after its completion or consent withdrawal only to pursue possible recovery claims before the court or if national, European, or international provisions oblige us to data retention. The data administrator has the right to share customers' data information with other authorised parties in accordance with relevant provisions (e.g. law enforcement).
6. A customer has the right to access his/her personal information as well as their rectification, removal, processing limitation, data transfer, objection, or consent withdrawal at any time without affecting the lawfulness of data processing.
7. A customer has to right to file a complaint with a respective data protection office if the personal data processing violates the GDPR. Providing personal data by the Buyer is a condition for concluding the contract.
8. Providing personal data by a customer is the condition for concluding the agreement. A customer is obliged to provide personal information; otherwise, the contract cannot be completed and fulfilled.
9. The Buyer's personal data will not be processed in an automated manner, including in the form of profiling.
10. The data administrator implemented pseudonymisation, data encrypting, and access control, which minimise the damages of possible data security breaches. Personal information is processed only by authorised persons and the processor with whom the administrator strictly cooperates.
11. Beautamine Sp. z o. o., ul. Legackiego 7, 26-600 Radom, Polska uses "cookie" files. These files are saved on customers' computers via our server and provide statistical data about customers' activity in order to prepare an individual offer. A customer can disable cookie accepting at any time in a web browser settings. For more information about cookies go to http://wszystkoociasteczkach.pl

§7. Final Provisions

1. All information, photos of products, and trademarks of manufacturers are protected by copyright. It is forbidden to copy and distribute or use them for commercial purposes or presentation without the owners' consent.
2. The parties will try to resolve all disputes amicably, and if such an agreement is not possible, the competent common court will settle the dispute.
3. Placing an order means accepting the provisions of these regulations.
4. The information on the product page does not constitute an offer within the meaning of the Civil Code.
5. In matters not regulated by these Terms and Conditions, the provisions of the Law on Electronic Services, the Law on Consumer Rights, the Law on Protection of Personal Data, the Law on Copyright and Related Rights, the Civil Code and other mandatory provisions of Polish Law apply.
6. Care for consumer rights is one of the priorities of the Company. Hence, the provisions of these Terms and Conditions are not intended to exclude or restrict any of the rights consumers are entitled to under the mandatory provisions of the law, and any possible doubts shall be explained in favour of the consumer. In the event of any inconsistencies between these Terms and Conditions and the acts listed above, the provision of the Law on Consumer Rights shall prevail and are to be applied.

§8. Out-of-court Methods of Dealing with Complaints and Pursuing Claims

WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

1. To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]
2. I/We(*) hereby notify that I/we withdraw from the contract of sale of the following goods (*)/for the supply of the following goods (*)/ consisting in producing following goods (*)/ for the provision of the following service (*),
3. Ordered on (*)/received on (*),
4. Name of consumer(s),
5. Address of consumer(s),
6. Signature of consumer(s) (only if this form is notified on paper),
7. Date

(*) Delete as appropriate

To speed up the verification of the complaint process, please print out the completed WITHDRAWAL FORM and attach it to the returned package.