Terms and Conditions for Online Shop www.aldestine-offilcial.com

1. Subject of the terms and conditions of sale

• 1. TheseTerms and Conditionsapply to the use of this Online Shop ALDESTINE, www.aldestine-offilcial.com, define the rules for placing orders for Goods available in theshop, delivering the Goods to the Buyer, paying for the Goods by the Buyer, and specify the Buyer’s rights resulting from the agreement of sale, including distance selling.

• 2. Online Shop www.aldestine-offilcial.com sells via the Internet (a distance agreement).
  3. To place an order, it is necessary for the Buyer to read these Terms and Conditions and confirm this fact. By placing an Order, the Buyer confirms that he has accepted these Terms and Conditions.

2. Definitions

All capitalized terms have the following meaning:

Lead time– the time over which the Shopcompletes the order and hand it over to the carrier to perform the form of delivery selected by the Buyer;

Working days– days of the week from Monday to Friday, excluding public holidays;

Sales document – a document in the form of a VAT invoice or receiptconfirming the sale, selected by the Buyer while placing the Order, and delivered to the Buyer:

in case of a receipt –in paper form together with the parcel containing the ordered Goods, and

in case of an invoice – in electronic form, to the e-mail address provided by the Buyer;

Form of delivery – the method of delivery of the ordered Goods, selected by the Buyer when placing the Order;

Payment method– the method of paying for the ordered Goods, selected by the Buyer when placing the Order;

Order form – aquestionnaire available on the Seller’s website, through which the Buyer orders the Goods;

Consumer –a natural person who places an order/orders, purchases, or uses the Shop in any other mannerfor purposes not directly related to his business or professional activity;

Buyer – anatural person with full or limited legal capacity and/or a legal person or an organizational unit without legal personality who uses the Shop on the terms set out in these Terms and Conditions;

Shop–a website available at www.aldestine-offilcial.com run by the Seller, on which the Buyer can order and purchase the Goods;

1.Seller – ALDESTINE Aleksandra Ziemińska, ul Kowalskiego 5/48, 03-288 Warsaw,

Poland, NIP 5242951776

Goods – movable items presented in the Shop, which may be the subject of a sales agreement;

Sales agreement– a contract for the sale of Goods concluded between the Seller and the Buyer via the Shop and documented with a Sales Document;

Order – an offer made by the Buyer via the Shop to conclude a sales agreement with the Seller;

3. Placing orders

• 1. To place an Order and conclude an agreement, the Buyer needs to have an electronic mailbox (e-mail) and a web browser, e.g. Chrome, Safari, Firefox, etc.

• 2. Ordering Good takes place by selecting the Goods in the Shop and taking further technical steps according to the displayed instructions such as adding Goods to the basket. The Buyer may view the contents of the basket, add, or remove Goods at any time.

• 3. While placing an Order, the Buyer is obliged to provide an address for delivery of the Goods ordered, phone number, e-mail address, select payment method and may also request a VAT invoice with the receipt.

• 4. The Buyer may register in the Shop. Registration allows the Customer’s personal data and the history of his Orders to be stored in the Shop’s database, and also allows access to Orders.

• 5. During registration, the Buyer is obliged to provide a unique password, known only to him. The process of registration and placing Orders is encrypted with an appropriate protocol.

• 6. The Buyer shall not share his password with third parties and isheld responsible for making it available.

• 7. After placing the order, the Seller sends – to the e-mail address provided by the Buyer (in the order form) – confirmation of the order, including all essential elements of the order such as number of the order, total price of the order (indicating the prices of individual items and the delivery cost), lead time, form of delivery, and estimated time of delivery.

• 8. The agreement is deemed concluded by the parties when the Buyer receives from the Seller the confirmation of the order. The condition for acceptance and completion of the Order by the Seller is correct and complete (to the extent necessary) filling out the Order form by the Buyer.

• 9. The Order may not be accepted by the Seller if the Buyer fails to enter complete data in the Order form, preventing the Buyer’s verification and delivery of the Goods in a due manner. If contact withthe Buyer is impossible due to providing an incorrect address or phone number, the order shall be canceled.

 

4. Prices and payment

1. The prices of all goods presented in the Shop are gross prices (including VAT), expressed in Euro (EUR). the price that binds the parties to close the transactionis the price of a particular item displayed on the Seller’s website at the time of placing the Order by

the Buyer. The price of the goods does not include the costs of its delivery; information about the cost of delivery of the goods is provided when placing the order.

2. The cost of delivery is covered by the Buyer.

3. The Buyer may choose the method of delivery and payment. The payment method is selected by the Buyer in the order form.
4. The Seller offers the following payment methods:

1. 1)payment via the Internet in the PayPal system when placing an order, i.e. during the process of ordering the Goods, the Buyer pays for the Goods; the order is processed provided that the Seller obtains a positive authorization from the electronic payment operator and the Buyer’s bank;

2. 2)payment by bank transfer to the Seller’s bank account; the order is processed after the funds are credited to the Seller’s bank account:

ALDESTINE Aleksandra Ziemińska, ul Kowalskiego 5/48, 03-288 Warsaw, Poland,

Account Number PL37 1140 2004 0000 3512 1764 3459

• 5. The cost, date and method of delivery of the Goods result from the form of delivery selected by the Buyer in the order.

5. Delivery of Goods

• 1. 1. Delivery of the goods ordered in the Shopis carried out on the territory of the mainland Europe.
     2. Within 10-20 business days (depending on country/city) following the date of obtaining a positive authorization from the electronic payment operator and the Buyer’s bank, or following the date of receipt of the payment in full to the Seller’s bank account, the Seller sends the ordered Goods together with the Sales Document to the address indicated by the Buyer.

• 5. 3. The date of delivery of the Goods may be extended if the Seller has set a holiday covering this period or if the Seller has indicated in the description of the Goods that the date of deliverywould be longer.

• 5. 4. The ordered Goods are delivered to the address indicated in the order form.

• 5. 5. The Buyer is informed about the status of the order via e-mail.

• 5. 6. The receipt of the Goods must be confirmed with a signature. Upon receipt of the Goods, the ownership of the Goods and all risks associated with the possession and use of the Goods, in particular the risk of loss, destruction or damage to the Goods, are transferred to the Buyer.

• 5. 7. When collecting the goods, the Buyer is obliged to check whether the parcel has no damage caused in transit and whether it complies with the Order.

6. Complaints

• 1. All Goods in the Shop are new unless the Seller has indicated otherwisein the description of the Goods.
  2. For physical or legal defects of items, the Seller is liable to the Buyer who is a Consumer – on the terms set out in art. 556 and following of the Civil Code (warranty).

• 3. If the item sold has a defect, the Buyer may submit a statement requesting a price reduction or withdrawal from the agreement unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free item or remove the defect. The Buyer may not withdraw from the Agreement if the defect is insignificant.

• 4. If the Buyer is a Consumer, he may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the agreement in the manner chosen by the Buyer is impossible or would require excessive costs compared to the method suggested by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Buyer would be exposed by a different method of satisfaction.

• 5. The claim of the Buyer who is a consumer to remove the defect or replace the sold item with a defect-free item expires after one year following the date of finding the defect. However, the time of limitation for claims cannot end before the expiry of two years following the date of delivery of the item to the Buyer.

• 6. The Buyer who is a Consumer exercising the rights under the warranty is obliged to deliver the defective item at the expense of the Seller to the following address: ALDESTINE Aleksandra Ziemińska, ul Kowalskiego 5/48, 03-288 Warsaw, Poland
  7. The returned Goods must be accompanied by a Sales Document and a completed complaint form, which is available for download in the Contact tab. In the form, the Customer should select the option in which he is interested: repair of the Goods, replacement of the Goods, refund or price reduction.

• 8. Complaints shall be considered within 14 days after receiving the notification.

7. Withdrawal from the agreement

• 1. 1. Pursuant to Article. 27 of the Act of 30/05/2014 on consumer rights (Journal of Laws 2020.287, i.e.), the Buyer who is a consumer and has concluded a distance agreement may withdraw from the agreement without giving any reason and without incurring costs (subject to paragraph 2) by submitting a relevant statement to the Seller within 14 (fourteen) days following the date of delivery of the Goods. For meeting the deadline, the Goods and the statement together with the Sales Documentshould be sent before its expiry to the following address: ALDESTINE Aleksandra Ziemińska, ul Kowalskiego 5/48, 03-288 Warsaw, Poland
     2. COD shipments are not accepted.

• 8. 3. A declaration on withdrawal from the agreement may be submitted on the form available for download in the Complaints tab. A declaration on withdrawal from the agreement may also be submitted in a different form –in accordance with the regulations of the Act on consumer rights.

• 1. 4. In the event of withdrawal from the agreement, the agreement is deemed void and the Seller shall return to the Buyer, no later than 30 days following the date of receipt of the declaration, the payments made by him.

• 8. 5. The Buyer is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller to collect them immediately, but not later than 14 days following the date on which he withdrew from the agreement unless the entrepreneur proposed that he would pick up the item himself. For meeting the deadline, the item should be sent backbefore its expiry. The Buyer who is a consumer bears only the direct costs of returning an item.

• 8. 6. The Seller refunds the payment using the same method of payment as used by the Buyerunless the Buyer who is a Consumer has expressly agreed to a different method of return, which does not involve any costs for him.

• 8. 7. The returned Goods should be sent back unchanged, no

bearing traces of use to the extent that goes beyond what is necessary to establish its nature, characteristics and functioning (try on).

8. Protection of personal data

• 1. The Administrator of personal data is the Seller.

• 2. By placing an order in the Shop, the Buyer agrees to the processing of his personal data for the purposes of the sales agreement. Providing personal data by the Buyer, to the extent necessary to perform the sales agreement and its proper documentation, is mandatory.

• 3. Detailed information on the processing of personal data and the use of cookies is contained in the Privacy Policy available at the Shop’s website.

9. Final Provisions

• 1. 1. Any photos and descriptions used to present the Goods as well as the name, Internet domain, logotypes and other intellectual property rights belong to the Seller, and they may only be used in the manner specified and compliant with the Terms and Conditions or with the consent of the Seller.

• 3. 2. To matters not covered by these Terms and Condition the generally applicable provisions of Polish law shall apply.

• 3. 3. The Terms and Conditions do not exclude or limit any rights of the Buyer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and the mandatory provisions of law granting consumers rights, the latter shall prevail.

• 3. 4. Settlement of any disputes arising between the Seller andthe Buyer who is a Consumer shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure. The Consumer may also use the ODR platform, which is available athttps://ec.europa.eu/consumers/odr . The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement regarding contractual obligations arising from an online sales or service agreements.

5. The Terms and Conditionsmay be recorded, acquired and reproduced by printing it or saving it on an appropriate data medium.

6. The Terms and Conditionscome into force on 1 September 2021.