Terms of service

TERMS AND CONDITIONS FOR THE

 

BEBEAUTIFULLYY.COM ONLINE SHOP

 

§ 1

GENERAL PROVISIONS

  1. These Terms and Conditions shall govern all use of the bebeautifullyy.com online Shop by all Users.

  2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, Intermediation Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the bebeautifullyy.com online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.

  3. By using the Electronic Services available through the Shop located at bebeautifullyy.com, the User agrees to be legally bound and to abide by these Terms and Conditions.

 

§ 2

DEFINITIONS FOR THESE TERMS AND CONDITIONS

  1. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.

  2. SHOP − shall mean the Service Provider’s online Shop located at bebeautifullyy.com.

  3. ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.

  4. CONTACT FORM – shall refer to the electronic form available on the website bebeautifullyy.com that allows you to send a message to the Service Provider.

  5. REGISTRATION FORM − shall refer to the electronic form available at www.bebeautifullyy.com required for Account registration.

  6. ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.

  7. ORDER FORM – shall refer to the electronic form available at bebeautifullyy.com, required for Order placement.

  8. NEWSLETTER - shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop

  9. OPINION SYSTEM - Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions on the Products.

  10. USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.

  11. SERVICE PROVIDER, MANDATORY  Aleksander Grzyb trading as Aleksander Grzyb entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, tax identification number NIP: 7773409887, statistical number REGON: 526023471, place of business and address for service: ul. Sosnowa 39, 62-025 Siekierki, Poland, email address: infobebeautifullyy@gmail.com, telephone number: …………………….. acting as an intermediary in the Sales Agreement concluded between the Customer and the Seller on the basis of Dropshipping.

  12. CUSTOMER, PRINCIPAL – shall refer to a User concluding a Sales Agreement with the Seller.

  13. SELLER - a third party to the Service Provider, which is a party to the Sales Agreement for the Product presented in the Shop, obliged to provide the Customer with the Product and proof of purchase.

  14. CONSUMER  a natural person who performs a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.

  15. INTERMEDIATION SERVICE - intermediation service (Dropshipping) available in the Shop in concluding a Sales Agreement between the Customer and the Seller, provided to the Customer by the Service Provider. As part of this service, the Mandatory concludes a Product Sales Agreement on behalf of and on behalf of the Customer in accordance with the Customer's Order.

  16. DROPSHIPPING - a sales model consisting in transferring the Product shipping process to the Seller. The role of the Service Provider in this sales model is to collect Orders and send them to the Seller, who ships the Product directly to the Customer. Moreover, the Service Provider collects the receivables and transfers them in the Customer's name to the Seller to his bank account, retaining the Commission due to him for the intermediation. The Service Provider is not a party to the Sales Agreement concluded by the Customer.

  17. PRODUCT – shall refer to any movables or services available at bebeautifullyy.com and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.

  18. INTERMEDIATION AGREEMENT - an agreement for the provision of the Intermediation Service concluded between the Service Provider and the Customer.

  19. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.

  20. COMMISSION – remuneration due to the Service Provider from the Seller for collecting Orders from Customers and forwarding them to the Seller. The commission is due only if the Sales Agreement between the Customer and the Seller is concluded.

  21. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.

  22. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Service Provider for the Reservation.

 

§ 3

PRODUCT AND ORDER INFORMATION

  1. Through the www.bebeautifullyy.com Shop, retail sales of Products are conducted via the Internet in the Dropshipping model.

  2. The Service Provider is not a party to the Sales Agreement concluded by the Customer. The Service Provider offers an intermediation service in the purchase of the Product based on the Dropshipping model and provides assistance in the implementation of the Sales Agreement, in particular by forwarding the Order and Price to the Seller on behalf of the Customer.

  3. The information provided at bebeautifullyy.com does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.

  4. The Product price displayed on the Shop’s website is given in dollars (USD) and includes all components, including tax. The price does not include delivery costs.

  5. A product delivered from outside the European Union may result in the obligation to pay customs duties or appropriate tax in accordance with the regulations in force in the country of destination. In this case, the costs of customs duties or applicable tax are borne by the Service Provider.

  6. The Product price displayed on the Shop’s website is binding at the time the Customer places the Order. This price will not change regardless of changes in Prices in the Shop that may appear in relation to individual Products after the Customer places an Order.

  7. The Service Provider clearly informs Customers about Unit Prices and promotions and reductions in Product Prices. Next to information about the Product discount, the lowest Price of this Product, which was valid in the period of 30 days before the introduction of the discount, is displayed, and if the Product is offered for sale in a period shorter than 30 days - the lowest Price of the Product, which was valid in the period from the date of commencement of the discount, is displayed. offering this Product for sale until the date of introduction of the discount.

  8. Orders can be placed through the website 24 hours a day, 365 days a year by completing an Order Form at bebeautifullyy.com.

  9. The Customer is not required to register an account to place an Order.

  10. Customers are required to read and accept these Terms and Conditions during Order placement.

  11. Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.

 

§ 4

CONCLUDING SALES AGREEMENTS

  1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 8 and 10 of the Terms and Conditions, by choosing one of the methods made available by the Seller.

  2. When the Customer places the Order, an Intermediation Agreement is concluded between the Principal and the Mandatory, under which the Service Provider undertakes to transfer the content of the Order to the Seller and the Price and possibly other receivables under the Sales Agreement due to the Seller from the Customer.

  3. Provided that the Customer pays the entire Price, the Service Provider transfers the Order to the Seller for its implementation, in particular sending the Product to the place indicated by the Customer. The Service Provider also transfers the Product Price due to the Seller on behalf of the Customer.

  4. The Intermediation Service is provided by the Mandatory within 7 days from the date of placing the Order by the Customer.

 

§ 5

METHODS OF PAYMENT

  1. The Shop offers payment via electronic payment services (PayPal.com, Stripe).

  2. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected banks.

  3. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 working days from the date of its conclusion.

  4. Failure to pay the Price by the Customer within the deadline referred to in point 4 releases the Service Provider from the obligation to forward the content of the Order to the Seller.

  5. The Product shall be dispatched only after payment is received.

 

§ 6

DELIVERY COST, TIME AND METHOD

  1. Product delivery costs, covered by the Customer, are determined during the Order submission process and depend on the choice of payment method and delivery method of the purchased Product.

  2. The Seller is solely responsible for the correct delivery of the Product.

  3. The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:

    1. The time for completing the Products is from 1 to 3 business days from the moment of positive authorization of the transaction by the electronic payment system.

    2. The delivery of Products that are movable items by the carrier takes place within the period declared by the carrier, i.e. from form 10 to 25 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).

  4. Products purchased in the Shop are shipped via a courier company.

 

§ 7

COMPLAINTS PROCEDURE

  1. The Seller is liable to the Customer who is a Consumer for the lack of compliance of the Product with the contract under the terms set out in the Consumer Rights Act of May 30, 2014.

  2. However, the Service Provider provides Customers with the necessary assistance in the field of complaints about Products submitted to the Seller and allows Customers to submit complaints directly to their e-mail address: …………….

  3. The above electronic message should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller.

  4. The right referred to in point 1 of this paragraph applies to Sales Agreements concluded by the Customer with the Seller based in the European Union. The provisions of law applicable to the Seller's registered office, which may differ from the provisions in force in EU countries, apply to Sales Agreements concluded by the Customer with a Seller based in a non-EU country.

 

 

§ 8

RIGHT TO WITHDRAW

  1. The Service Provider informs on behalf of the Sellers that each Customer who is a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send a declaration of withdrawal from the contract.

  2. The Service Provider provides Customers, whenever possible, with the necessary assistance in withdrawing from the Sales Agreement. This assistance consists in particular in the possibility of submitting declarations of withdrawal from the Sales Agreement directly to the Service Provider - which will then be forwarded to the Seller.

  3. The Customer may withdraw from the Sales Agreement by submitting to the Seller - through the Service Provider - a declaration of withdrawal from the Sales Agreement to the following address: ………………

  4. After the Customer submits a declaration of withdrawal from the Sales Agreement in accordance with point 3, the Service Provider immediately informs the Customer about the date, method and address to which the Customer is to return the Product. This period cannot be shorter than 14 days.

  5. The Seller is obliged to return to the Customer the payments made for the product no later than within 14 days from the date of receipt of the Product sent back by the Customer. The Seller refunds the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.

  6. The rights referred to in points 1-5 of this paragraph apply to Sales Agreements concluded by the Customer with the Seller based in a European Union country. Sales Agreements concluded by the Customer with a Seller based in a non-EU country are subject to the provisions of law applicable to the Seller's registered office, which may differ from the provisions in force in EU countries.

  7. Due to the fact that the right to withdraw from a distance contract is not available to the Consumer in the case of a contract for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who has been informed before the commencement of the provision, that after the provision of the service by the entrepreneur, he will lose the right to withdraw from the contract and has acknowledged this, the Customer, after the full fulfillment of the Intermediation Service by the Service Provider, is not entitled to withdraw from the Intermediation Agreement.

 

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider grants access to the following Electronic Services:

    1. concluding Product Sales Agreements and Intermediation Agreements,

    2. Website Account,

    3. Newsletter,

    4. Opinion System,

    5. sending a message via the Contact Form.

  2. These Terms and Conditions shall apply to all Electronic Services provided through bebeautifullyy.com

  3. The Service Provider reserves the right to display advertising content at bebeautifullyy.com Advertisements are an integral part of the online Shop front and the materials presented therein.

 

§ 10

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

  1. The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of charge.

  2. Term of the agreement:

    1. Electronic Services Agreements for Account management are concluded for an indefinite period of time.

    2. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.

    3. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.

    4. Electronic Services consisting in the use of the Opinion System is concluded for a definite period of time and is terminated when the opinion is posted or the Service Recipient ceases to use this Service.

    5. Electronic Services consisting in enabling the sending of a message to the Service Provider via the Contact Form is concluded for a fixed period of time and is terminated when the message is sent or the User stops sending it.

  3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:

    1. a computer (or a mobile device) with an active Internet connection,

    2. access to email account,

    3. Internet browser,

    4. enabling cookies and Javascript in the Internet browser.

  4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.

  5. The User is obliged to provide accurate and complete information to the Service Provider.

  6. The User is prohibited from providing any unlawful or illegal content.

 

§ 11

COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

  1. Complaints about Electronic Services provided via bebeautifullyy.com should be submitted via email to ……………

  2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.

  3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.

  4. A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

 

§ 12

CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

  1. Terminating an Electronic Services Agreement:

    1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account, Newsletter) may be terminated.

    2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: ……………….

    3. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).

    4. The notice of termination leads to a cessation of legal relations with the effect for the future.

  2. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

 

§ 13

INTELLECTUAL PROPERTY

  1. The compilation of all content at bebeautifullyy.com (with the stipulation of § 13 point 3 of this Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Aleksander Grzyb trading as Aleksander Grzyb entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, place of business and address for service: ul. Sosnowa 39, 62-025 Siekierki, tax identification number NIP: 7773409887, statistical number REGON: 526023471. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at bebeautifullyy.com without the consent of the Service Provider.

  2. Any use or reproduction of the content of the website located at bebeautifullyy.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.

  3. All trade names, Product names, company names and their logos used on the Store's website at bebeautifullyy.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at bebeautifullyy.com are used for informational purposes.

 

§ 14

FINAL PROVISIONS

  1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.

  2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.

  3. Any disputes between the Shop and Consumers arising out of or in connection with a Intermediation Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.

  4. Any disputes arising between the Service Provider and the User (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.

  5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.

  6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/