Términos del servicio
BAD'N'CUTE INTERNET STORE ELECTRONIC SERVICE RULES ("Rules")
§1 General provisions1. Implementing the provisions of Article 8, paragraph 1 of the Act of 18.07.2002 on the provision of services by electronic means (Journal of Laws 2019.123 t.j. of 2019.01.21), these Regulations define the provision of services by electronic means when shopping in the Bad'n'cute online store, including the conditions for the provision of these services and the technical requirements necessary for cooperation with the ICT system used by the service provider, the conditions for entering into and termination of contracts for the provision of services by electronic means, and the procedure for complaints before the Goods Provider.
2. These Terms and Conditions shall apply to the provision of electronic services by the Bad'n'cute online store (the "Store") via the website available at www.badncute.com. The Shop provides exclusively intermediary service between the Customer and the Supplier when ordering goods from the Shop ("Intermediary"). The Shop is only responsible for the intermediary service, while the Supplier is responsible for any claims related to the Goods and their delivery. Intermediary does not act for and on behalf of the Supplier in the service of selling the Goods offered by the Supplier.
3. The Store is owned by Huang Yusheng, doing business at No.21, Ln. 193, Dajhong 1st Rd., Sanmin Dist., Kaohsiung City 807078, Taiwan (R.O.C.).
4. Each Customer of the Store is obliged to become familiar with the content and comply with the provisions of the Rules from the moment of taking any action aimed at using the services provided through the Store or aiming in any other way to use the website www.badncute.com. By agreeing to abide by the Regulations when starting the service available at www.badncute.com is tantamount to accepting the terms of the Regulations without the need to draw up a separate agreement. Acceptance of the Terms and Conditions means in particular that the Customer agrees to the Broker's performance of the Brokerage Agreement in the Dropshipping model and accepts that once the Broker performs the Brokerage Agreement in the Dropshipping model, the Customer loses the right to withdraw from the Brokerage Agreement in the Dropshipping model under Article 38 point 1 of the Act on Consumer Rights.
5. Each Customer of the Store can access these Regulations at any time through the website www.badncute.com, as well as through direct e-mail communication with the Store.
6. Operation of the Store is in accordance with these Regulations, as well as applicable laws.
§2 DefinitionsThe terms used in the Regulations shall mean:
- Price - amount due from the Customer to the Supplier under the concluded Contract of Sale transferred to the Supplier by the Broker, increased by the Commission due to the Broker under the brokerage service.
- Personal data - means any information about an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person in accordance with Article 4 point. 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("RODO").
- Supplier - an entity which is a party to the Merchandise Sales Agreement presented in the Online Store, concluded with the Client, having its registered seat in a country which is a part of the European Economic Area (EEA) or in any other country, including China, obliged to deliver the Goods to the Client and obliged to execute all rights to which the Client is entitled due to conclusion of the Sales Agreement.
- Dropshipping - logistic model of sales through the Store consisting in transferring the shipment process to the Supplier. Intermediary's role in this logistics model is limited to collecting orders and sending them to the Supplier, who ships the goods to the Customer. In addition, the Broker collects the payment and transfers it on behalf of the Customer to the Supplier to the Customer's bank account, with retention of the commission due. The Broker is not a party to the sales contract concluded by the Customer.
- Customer - legal person, organizational unit without legal personality, Consumer, who obliges the Broker to send an Order for Goods available in the Store in order to conclude a Sales Agreement with the Supplier. According to article 22 1 of the Civil Code - a consumer is a natural person who makes a legal transaction with an entrepreneur which is not directly connected with his/her business or professional activity.
- Civil Code - the Act of April 23, 1964 of the Civil Code (Journal of Laws 2019.1145 t.j. of 2019.06.19 as amended).
- Third country - a country outside the territory of the European Union ("territory of a third country" as defined in Article 2(5) of the VAT Act).
- EU country - a country in the "territory of the European Union" as defined in Article 2(3) of the VAT Act.
- Broker - entity managing Bad'n'cute online store, providing intermediary service via electronic means in the Sales Agreement of Goods available in the Store on a Dropshipping basis.
- Commission - remuneration due to the Broker from the Customer for collecting Orders from Customers, transferring them to the Supplier, possible assistance in resolving complaints, clarification of disputes with the Supplier. The commission is due only if a Sales Agreement is concluded between the Customer and the Supplier. In case the Contract is not concluded, the Broker shall immediately refund the entire Commission, unless the failure to conclude the Contract is the sole fault of the Customer.
- Regulation No 1186/2009 - Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (Official Journal of EU.L of 2009 No 324 p. 23).
- Goods - items, i.e. movable things available in the Store on the website www.badncute.com, owned by the Supplier.
- Dropshipping Brokerage Contract - the contract for intermediary services of ordering Goods on behalf of the Customer from the Supplier concluded between the Broker and the Customer.
- Contract of sale - the contract of sale of the Goods between the Client and the Supplier under the terms and conditions applicable to the Supplier.
- Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
- VAT Act - the Act of March 11, 2004 on tax on goods and services (Journal of Laws 2018.2174 i.e. dated 2018.11.21).
- Order - Customer's declaration of will transmitted by the Agent to the Supplier, containing, in particular, information on the quantity of the Goods and place of delivery and other data enabling to conclude the Contract of sale between the Customer and the Supplier.
§ 3 Placing Orders
- The implementation of the Broker's service of transferring the contents of the Order to the Supplier is initiated by the Customer by placing an Order in the Store.
- Placing an Order is possible 24 hours a day, every day of the week, with the exception of a failure of the Store independent of the Broker, which will be announced on the website.
- Placing an Order requires providing data enabling the Supplier to deliver the Goods and other information required to complete the Order. Such data include, in particular: name and surname of an individual, company name, postal code, city, street, building number, apartment or premise number, cell phone number and/or e-mail address, possibly other data necessary for proper delivery.
- All information about the Goods available in the Store do not constitute an offer within the meaning of Article 661 of the Civil Code, but an invitation to conclude a contract with the Supplier within the meaning of Article 71 of the Civil Code.
- The Broker is not a party to the sales agreement concluded by the Customer. The Broker offers only an intermediary service in purchasing goods electronically through the Store based on the Dropshipping model and provides the necessary assistance in its implementation, in particular by transferring the Order to the Supplier and transferring the Price on behalf of the Customer, minus the commission due to the Broker.
- The Supplier shall be solely responsible for proper performance of the Sales Agreement, including delivery of the Goods.
- The photos of the Goods placed in the Store are for information only. Slight differences in the actual color and that shown in the photo may also result from differences in the settings of the Customer's monitor and are independent of the Broker. It is forbidden to use photos in violation of copyrights within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2019.1231 t.j. of 2019.07.03).
§ 4 Making payments
- The Broker shall act as an agent for the transfer of the Price and any other amounts due under the Sales Contract to the Supplier from the Customer, less any Commission due to the Broker.
- All prices of Goods placed under the Goods in the Store are given in the Polish currency and are total prices, in particular including delivery costs, unless otherwise indicated in the Order.
- If the amount due for the Price is not credited to the Broker's account within 5 (five) days from placing the Order, the Broker shall be released from the obligation to transfer the content of the Order to the Supplier (cancellation of the Order).
§5 Order Processing
- Provided that the Customer has paid the Price in full, the Broker shall transmit the Order to the Supplier for its execution, in particular to send the Goods to the place indicated by the Customer. The Broker shall also transfer on behalf of the Customer the Price for the Goods due to the Supplier, less the Commission.
- The Intermediary undertakes to forward the Order, together with the sums due to the Intermediary, to the Supplier within 7 (seven) days of payment of the Price by the Customer. The Supplier shall dispatch the Goods to the Customer normally within 7 (in words: seven) days of receipt of the amounts due to the Supplier from the Intermediary. Delivery of the Goods to the Customer shall be no more than 60 days after receipt of funds by the Supplier. The average estimated delivery time is 15-25 days.
- If an Order covers several different Goods, their shipment may be carried out by different Suppliers and in separate shipments.
- In the event of non-delivery of the Goods to the Customer within 60 days of receipt of the amounts due by the Supplier, the package with the Goods shall be deemed lost, unless the Goods have not arrived through the sole fault of the Customer, e.g. due to an incorrect delivery address. In such case, the Intermediary on behalf of the Supplier shall either refund the Price to the Customer or the Supplier shall re-send new Goods as instructed by the Customer.
- When receiving the Goods, the Customer shall inspect the condition of the shipment. In case of any damage or breach of packaging, a damage report shall be drawn up in the presence of a deliverer and sent immediately to the Broker together with a potential complaint.
- Conclusion of a contract of sale and effective placing of an Order are possible only when the Goods selected by the Customer are available in the Supplier's warehouse. In case of discrepancies between the information given on the Store's website and the actual stock of the Supplier, the Customer shall be informed by the Broker and shall have the option to amend the Order in whole or in part.
- If conclusion of the Contract of sale is impossible due to lack of Goods covered by the Order, the Supplier reserves the right to withdraw from the Contract of sale in whole or in part, and the Order shall be cancelled in whole or in part, of which the Customer shall be informed by e-mail to the e-mail address or telephone number provided by the Customer. Payment made by the Customer for the ordered Goods which could not be delivered shall be refunded by the Intermediary immediately after the Customer is effectively notified of the impossibility of processing the Order.
§ 6 Right of withdrawal
- The Broker informs on behalf of the Supplier that each Customer who is a Consumer has the right to withdraw from the concluded Remote Sales Agreement within 14 (fourteen) days in accordance with the provisions of Section 4 of the Consumer Law, without giving any reason and without incurring costs, except for the costs referred to in Article 33, Article 34 (2) and Article 35 of the Consumer Rights Act (costs of returning the goods). The Broker shall indicate on behalf of the Supplier that the costs of returning the Goods shall be borne by the Customer, unless otherwise agreed by the Supplier. The Intermediary points out that he is only responsible for the intermediary service and therefore cannot be held liable for withdrawal from the Contract under the Sales Contract. The Customer shall have all claims on this account against the Supplier.
- The Customer may withdraw from the Sales Agreement (entered into remotely or off-site) by submitting to the Supplier - through the intermediary of the Intermediary - a statement of withdrawal from the Sales Agreement. The Broker shall immediately inform the Customer about the date, manner and address to which the Customer shall send back the Goods. This period shall not be shorter than 14 (fourteen) days. The declaration of withdrawal should be sent by e-mail, with the Order number in the title of the e-mail, to the e-mail address given on the Contact tab on the template which is attachment no. 1 to these Regulations.
- The Supplier shall be obliged to return to the Customer the payments made by him for the Goods no later than within 14 (in words: fourteen) days from the date of receipt of the Goods returned by the Customer. The Supplier shall return the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer. The Intermediary shall not be responsible for the Supplier's failure to refund.
- The Intermediary informs that the Sales Contracts concluded by the Customer with a Supplier located in a third country shall be governed by the laws applicable to the Supplier's seat, which may differ from the laws applicable in EU countries. Where the Supplier's country is China, if in doubt, please also refer to the AliExpress Store Terms and Conditions (https://rule.alibaba.com/rule/detail/2054.htm?spm=a2g0o.home.14.8.edaf108bLR1FkE), or contact the Intermediary.
- As soon as the Customer gives the express consent to conclude an agency agreement prior to the commencement of rendering the service by the Broker (§ 1 point 4 of the Regulations), the Customer shall lose the right to withdraw from the agency agreement in accordance with article 38 point 1 of the Act on Consumer Rights.
- Since the Shop does not own the Goods at any time, the return of the Goods to the Shop - subject to the above paragraphs - can only be made by way of sale of the Goods by the Customer to the Shop by way of a civil contract of sale, if the Shop agrees.
§ 7 Complaints about Goods
- Complaints arising from violation of Customer's rights guaranteed by law should be directed to the e-mail address of the Broker. The Broker undertakes to assist the Customer in transferring the complaint to the Provider. Complaints shall be processed within the timeframes resulting from applicable law, however the Broker informs that in case the Customer enters into Contract with the Provider having its seat outside EU territory, in particular in China, provisions of law applicable in the place of residence of the Provider shall apply which may differ from those applicable in EU countries.
- The following rules apply to complaints regarding the Goods directly with the Supplier: https://rule.alibaba.com/rule/detail/8882.htm?spm=a271m.8038972.1999288231.1.d8166d820PXYRs.
- Notwithstanding the foregoing, the Customer shall have all rights provided by Polish and European jurisdictions, including the right of statutory warranty provided for in the Civil Code and otherwise, to the extent applicable to the contract entered into with the Supplier located outside the EU, in particular in China under applicable laws.
§ 8 Complaints concerning provision of the Brokerage service via electronic means
- The Broker takes actions in order to ensure proper functioning of the Store to the extent resulting from the current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable period of time.
- The Customer is obliged to immediately notify of any irregularities or interruptions in the functioning of the Store, including the website www.badandcute.com. In the notification the Customer should provide his or her name, mailing address, type and date of irregularities in the use of Store services.
- The Broker undertakes to examine each complaint within 14 (fourteen) days or, if this is not possible, to inform the Client when the complaint will be examined and the reason for such extension of time.
- The Customer shall not be entitled to any claims against the Broker in connection with the concluded or future Sales Agreement. The Supplier is a party to the sales contract. However, the Broker shall, as far as possible, provide the Customer with indispensable assistance both in respect of complaints about the Goods submitted to the Supplier and in respect of submitting by the Customer a declaration on withdrawal from the Sales Agreement. Such assistance shall consist, in particular, in the possibility of submitting by the Customer directly to the Broker's email address a complaint (§ 7 of the Terms and Conditions) and a declaration of withdrawal from the Sales Agreement (§ 6 of the Terms and Conditions), which shall then be forwarded to the Supplier.
- The Broker shall be liable to the Customer for non-performance or undue performance of an obligation solely to the extent of the Brokerage service, i.e. transferring the Order to the Supplier on behalf of the Customer and transferring to the Supplier the amounts paid by the Customer under the Sales Agreement, less the Commission due.
§ 9 Customs duties and taxes
- Where Goods purchased from the Supplier through the Intermediary are shipped from a third country, e.g. China, they may be subject to additional customs, excise or other taxes as imported Goods (in particular Value Added Tax or equivalent). The prices of the Goods are exclusive of the taxes or duties in question, if any, which are the responsibility of the Customer to pay.
- Such duties or taxes, if any, may be based on the actual (market) value of the Goods (excluding discounts, rebates and promotions), the actual value of shipping (excluding discounts, rebates and promotions) and the cost of shipping insurance - not the amounts paid by you for the Price.
- The Broker informs that the duty charge is independent of tax under the VAT Act. Neither the Supplier nor the Broker shall have any influence on the duty payable.
§ 10 Personal Data Protection
§ 11 Final provisions
- These Rules and Regulations shall come into force on 22 November 2019 and replace the Rules and Regulations dated 23.01.2019.
All matters not regulated in these Terms and Conditions shall be governed by universally applicable provisions of Polish and international law with respect to Contracts concluded with Suppliers from outside the EU. The Broker has the right to amend these Terms and Conditions at any time, however the Customer is bound by the Terms and Conditions which he accepted when placing the Order via the Store.
Attachment No. 1
name, surname and address of the consumer
No.21, Ln. 193, Dajhong 1st Rd., Sanmin Dist., Kaohsiung City 807078, Taiwan (R.O.C.)
DECLARATION OF WITHDRAWAL FROM THE AGREEMENT
CONCLUDED AT A DISTANCE
I declare that, in accordance with Article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827), I withdraw from the contract of sale of goods marked #_________ concluded on __.__.201_ concerning the purchase of goods: _____________________________(item description/SKU number). At the same time I authorize the Broker to forward this statement on my behalf to the Supplier of the goods.