Terms and Conditions

Regulations of the Online Store originalbyanjarubik.com

Last update: 01.03.2021

The online store on the website www.originalbyanjarubik.com is run by INTEREXISTENCE GmbH, Mollardgasse 70c/TOP 8 1060 Wien, Austria, VAT Reg. No. ATU67389211 (hereinaer referred to as: INTEREXISTENCE)

I Definitions

Regulations - these regulations of the online store originalbyanjarubik.com.
Customer – the entity placing an order in the Online Store www.originalbyanjarubik.com (i.e. concluding a distance sales agreement using the website originalbyanjarubik.com) and/or registering or using the Customer Account.

Consumer - a Customer who is a natural person or an entrepreneur with the rights of a Consumer - a natural person who concludes an agreement with the Seller directly related to his/her business activity, but not having for him/her a professional nature, which results in particular from the subject of his/her business activity, provided in Central Register and Information on Economic Activity.

Seller - INTEREXISTENCE GmbH with its seat in Austria, 1060 Wien, Mollardgasse 70c/TOP 8, VAT No. ATU67389211, registered in the commercial register under number FN 380869B, having its seat in the municipality of the capital city of Vienna, INTEREXISTENCE GmbH, (hereinaer referred to as: INTEREXISTENCE).

Party – Customer or INTEREXISTENCE (collectively referred to as the Parties).
Working days - days of the week from Monday to Friday, excluding public holidays.

Goods - products presented in the Online Store.
Civil Code - Act of 23rd April 1964, Civil Code, Journal of Laws No. 1964 No.16, item 93
Consumer Rights Act - the Act of 30 May 2014 on consumer rights, Journal of Laws No. 2014 item 827 as amended.

II Generalinformation

The Regulations below set out the rules for concluding and performing the agreement for sale of goods offered by the Online Store available on the website originalbyanjarubik.com (hereinaer referred to as the "Online Store") and the conditions for using the Online Store.

The Online Store on the website www.originalbyanjarubik.com is the property of INTEREXISTENCE GmbH, Mollardgasse 70c/TOP 8 1060 Wien, Austria, VAT No. ATU67389211 (hereinaer referred to as: INTEREXISTENCE)

  1. The use of the Online Store applies in particular to ordering products included in its offer, forms of payment, product prices, delivery of orders and the possibility of their return (withdrawal from sale agreement) and the rules for submitting and considering complaints by Customers, including Consumers. The Regulations also define the conditions for the use of other, additional services provided by the Online Store by electronic means using the website originalbyanjarubik.com, including, inter alia, setting up an individual Customer Account.

  2. Acceptance of the Regulations is voluntary, but its absence prevents the Customer from placing an order in the Online Store and using other, additional services provided by INTEREXISTENCE GmbH by electronic means using the Online Store (in particular, the use of an individual Customer Account). The Regulations are accepted when placing an order via the Online Store and/or before using other additional services available on the Online Store platform, which include, among others, the moment of registering the Customer Account.

  3. The Online Store is hosted on Shopify Inc. which provides an online e-commerce platform and at the same time allows INTEREXISTENCE to sell products and services.

  4. The customers of the Store may be adult natural persons with full legal capacity, as well as legal persons and organisational units without legal personality, but equipped with legal capacity (hereinaer referred to as: the „Customer” or the „Consumer”.

  5. The provisions of the Regulations do not infringe the generally applicable provisions of law on consumer protection, including the Civil Code and the Act of 30th May 2014 on consumer rights.

III Placing an order and an Individual Customer Account

  1. Product sales agreements concluded between the Parties via the online store (distance sales) are made on the basis of an order placed by the Customer via the Online Store originalbyanjrubik.com.

  2. When placing an order in the Online Store, the Customer selects a currency in which she/he wants to make payment, then selects the products and indicates the quantity of products (in pieces). Then the Customer selects the method of payment and delivery. By placing an order, the Customer clicks the button: "I am ordering with the obligation to pay" or a button with a similar content.

  3. An order in the Online Store may take place as part of a one-time purchase and by registering an Individual Customer Account. Account registration is not necessary to place an order.

  4. To place an order as part of a one-time purchase, the Customer is obliged to complete the order form, in which she/he provides the data necessary to

complete the order, including:
a. name and surname or business name (in case of people purchasing for

purposes of running a business)

  1. shipping address to which the ordered goods are to be sent,

  2. NIP (tax identification number) and registered office address - in case of

    a request for a VAT invoice of persons purchasing for purposes of

    running a business);

  3. contacttelephonenumber,

  4. e-mail address

At the same time, the Customer is obliged to read and accept the Regulations of the Online Store and the Privacy Policy. Fulfilling the above obligations is a prerequisite to place a one-time order without registering an individual Customer Account.

  1. When the Customer has placed an order (as defined in chapter III ‘Placing an Order and Individual Customer Account’, point 3), he/she receives an automatically generated message, sent by e-mail, with information confirming the order. The information is sent to the e-mail address provided in the form.

  2. In the event that the order form is filled in incorrectly, it will be treated as a non-submitted order.

  3. In the event of any ambiguities regarding the submitted forms relating to correctness of the form completion by the Customer (in particular with regard to the Customer's data), the Store will contact the Customer to clarify them. In the absence of an explanation from the Customer, the Store may refuse to confirm and execute the order.

  4. At the time of accepting the order, the Online Store sends the Customer information about transfer of the order for execution along with confirmation of conclusion of a distance sale agreement within the meaning of art. 21 of the Act of 30th May 2014 on consumer rights ( Journal of Laws of 2014, item 827).

  5. Orders can be placed in the Online Store twenty-four (24) hours a day throughout the calendar year. However, orders placed on Fridays, weekends and public holidays will be processed on the next business day.

  6. The moment of concluding an agreement between the Seller and the Customer takes place when the Customer makes a purchase. The subject of the sales agreement are the goods mentioned in the order. At the same time, the Seller undertakes to transfer the ownership of the thing to the Customer and hand over the thing to her/him, and the Customer undertakes to collect the thing and pay the price to the Seller.

  7. In order to carry out any activity of the Customer in the Store, proper operation of the Internet is required, the use of a web browser, including via mobile devices, and an active account at the selected e-mail address.

m.Registration of an Individual Customer Account takes place by completing and sending the registration form. In case of registration, the login (i.e. the Customer's identification name for the purpose of using the Online Store and the password to the account is provided by the Customer himself/herself.

  1. Registering an individual Customer Account in the Online Store is an additional service provided by INTEREXISTENCE for an indefinite period. The opening and use of an individual Customer Account are free of charge, and the Customer may resign from it at any time by sending such a request to the e-mail address: info@originalbyanjarubik.com.

  2. The Customer's familiarisation with the Online Store Regulations and the Privacy Policy and their acceptance is a prerequisite for the registration of an Individual Customer Account.

  3. Aer registering in the Store, logging in to the Individual Customer Account takes place using the e-mail address or the login and password previously provided by the Customer, indicated earlier by the Customer in the registration form. The Customer must not disclose the data of the Individual Customer Account and should protect them against access by third parties. Aer logging in to the Online Store, the Customer has an option of changing the data as well as changing the password to access the Individual Customer Account.

  4. As part of the Individual Customer Account, the Customer has an option of placing an order, accessing the history of her/his previous orders and details of past and current orders, including the order number, order date and order status.

  5. The provisions regarding submission and procedure of the order as part of a one-time order shall apply accordingly to orders placed using a registered individual customer account.

IV Offer

  1. The subject of the Store's activity is the sale of perfumes.

  2. Prices in the Online Store are gross prices (they include all applicable taxes

    and duties).

  3. Prices in the Online Store are given in three (3) currencies: PLN, EURO and

    USD.

  4. The price of the product does not include delivery costs, the amount of

    which should be added to the price and depends on the method of delivery

    indicated by the Customer

  5. The Seller reserves the right to change the delivery price, which may

    result, inter alia, from valid promotions of the Online Store or reasons

    beyond the Seller's control.

  6. The Online Store, by due diligence, presents photos of products so that

    they reflect the colour, texture and general appearance of the products. Due to different resolutions, screen settings and other technical factors, the photos containing the product, and in particular their colours, may slightly differ from their actual appearance.

  7. The Online Store reserves the right to change the prices of products in the Online Store's offer, expand the offer with new products, withdraw products from the offer, carry out and cancel promotional campaigns on the Online Store's websites or make changes to them. Changing the terms of the order, including the price, cannot take place aer it is accepted for implementation by the Online Store.

  1. In the event of a limited number of products offered as part of a promotional sale or sell-off, orders will be processed consecutively as received by the Online Store, until the products covered by the promotion or sale are exhausted.

  2. If a given product is out of stock or it is not possible to complete the Customer's order for any other reason, the Customer will receive information sent to the e-mail address about problems with implementation of the order and possible solutions.

  3. At the same time, the Customer declares that she/he undertakes not to reproduce, duplicate, copy, sell, resell or use any part of the Service, use of the Service or access to the Service, or any contact on the Website through which the service is provided, without express written consent from the Online Store.

V Delivery

  1. As part of the order, the Online Store provides the Customer with three delivery options: Courier DHL, DHL Service Point and Inpost Parcel Lockers.

  2. The total order processing time is a maximum of 30 days from the date of placing an order by the Customer. The Store will make every effort to ensure that the order is processed as quickly as possible. Usually, the order processing time in Poland is up to 4-7 business days, and in the European Union 14 days. However, 7- and 14-days delivery time, respectively, is not guaranteed.

  3. The delay in execution of the order means that it was completed aer 30 days from date of placing the order by the Customer. In the event of a delay in the execution of the order, the Customer may indicate an additional date for release of the product, and aer expiry of the deadline, withdraw from the sale agreement.

  4. The ownership of the ordered goods is transferred to the Customer only aer payment of the goods by the Customer. Payment for the goods is understood as making payment through the payment methods provided by the Online Store.

  5. Product delivery is available on the territory of the Republic of Poland and the European Union, with the exception of: Cyprus, Monaco and Malta.

  6. The delivery is payable, unless the agreement provides otherwise. The delivery costs of the order are described and clearly presented to the Customer on the Online Store website when placing the Order, including the moment when the Customer expresses her/his will to be bound by the Sales Agreement.

  7. At the time of delivery, the Customer is obliged to examine the delivered parcel at the time of its receipt from the carrier. In a situation where the Customer finds that the parcel is damaged, he/she should request the carrier's employee to draw up an appropriate protocol. Due to responsibility of the Online Store for damage to the product that occurred during transport, the Customer undertakes to inform the Online Store about any damages found and the signed damage protocol. The Customer

will send such information by e-mail to the address:

info@originalbyanjarubik.com.

  1. If a damage to the shipment was impossible to notice at the moment of

    receipt of the shipment, the Customer should, without undue delay, aer noticing the damage and defects, inform the carrier and request an appropriate damage protocol.

  2. The moment of delivery of the product to the Customer is considered to be the moment of receipt of the product from the carrier. The proof of product release is the delivery document or bill of lading signed by the Customer.

VI Payment

  1. When placing an order, the Customer may choose the following forms of electronic payment and payment by payment card via mollie.com. Depending on his/her own preferences, the Customer may choose electronic payment via Przelewy24, PayPal and Apple Pay.

  2. Possible payment options use the payment platforms of external electronic payment operators. Aer pressing the button to start payment procedure (available immediately aer placing the order), you should follow instructions of the appropriate electronic payment operator.

  3. Settlements of transactions with electronic payments and payment cards are carried out according to the Customer's choice via the Mollie.com website, Przelewy24.pl. The service of electronic payments and payment cards is provided by: Mollie.com - Mollie B.V. based in Amsterdam (Keizersgracht 313, 1016 EE Amsterdam, the Netherlands); Przelewy24.pl - PayPro S.A. company with its seat in Poznań (seat address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.

VII Withdrawal from the agreement

  1. The consumer may withdraw from the product sales agreement concluded via the orignalbyanjarubik.com online store (distance sales), without giving any reason. Statements of withdrawal from the agreement can be sent to the e-mail address: info@originalbyanjarubik.com.

  2. In order to exercise the right to withdraw from the agreement, the Consumer must inform the Store about his/her decision to withdraw from the agreement by an unequivocal statement sent to the e-mail address: info@originalbyanjarubik.com. The Consumer may, but does not have to, use the return form included in Attachment No. 2.

  3. It is recommended to send the returned goods to the address: DTW Logistics Zwroty Original, Kopytów 44e, 05-870 Błonie along with the

completed Product Return Form, which is available in Attachment No. 1.

  1. In the event of withdrawal from the agreement, the Consumer shall be reimbursed with all payments received from her/him, including the costs of delivering the goods, immediately, and in any case not later than 14 days from the date on which the Online Store was informed about the Consumer's decision to exercise the right to withdraw from the agreement. The Store will refrain from reimbursing the payment until it receives the returned product or until proof of its return is provided, depending on

    which event occurs first.

  2. The Consumer bears the cost of returning the product.

  3. The product to be returned should be sent, in a manner ensuring its safe

    delivery, to the address: DTW Logistics Zwroty Original, Kopytów 44e,

    05-870 Błonie. The product packaging should enable safe transport.

  4. The deadline for withdrawing from the agreement expires aer 14 days from the day on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the goods. In order to meet deadline to withdraw from the agreement, it is enough for the Consumer to send a statement before expiry of the 14-day

    withdrawal period referred to in point. 3.

  5. The return of the product is possible only if value of the product upon

    receipt from the carrier and without noticing any defects has not been reduced. In particular, when the condition of the returned product would be the result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

VII RESPONSIBILITY FOR PRODUCT DEFECTS AND NON-CONFORMITY WITH THE AGREEMENT

Complaints and Warranty

  1. The Store is obliged to deliver the goods to the Customer without legal or physical defects.

  2. In order to submit a complaint, the Customer may use the prepared complaint form; available in Attachment No. 2, but it is not obligatory. Complaints may be submitted by e-mail to the address: info@originalbyanjarubik.com or via the form available in the "Returns and Complaints" / "Orders and Returns" tab on the Website.

  3. Within fourteen (14) business days of receiving a Complaint from the Customer, the Store will respond to the complaint and inform the Customer about how to proceed. The Customer will be notified in electronic form to the e-mail address provided as part of the Individual Customer Account or the e-mail address provided when placing a one-time order without registering an Individual Customer Account.

  4. The product that is the subject of the complaint must be sent back to the address DTW Logistics Zwroty Original, Kopytów 44e, 05-870 Błonie. This does not apply to cases where sending the product is unnecessary to resolve the matter of the complaint, and the Customer only requests a price reduction, but only if he/she is entitled to such a right and the Online

Store agrees to such a solution. In this case, the Store may ask the Consumer to send photos of the defective product by e-mail in order to verify its condition.

  1. We recommend that the product subject to the complaint be sent back together with the completed Complaint Form (Attachment No. 2).

  2. A Customer who is not a Consumer, within the meaning of these Regulations, has the right to file a complaint within 3 months, while the Store's liability under the warranty is limited in this case to removing the defect. In this case, the Online Store, according to its own assessment, will replace the defective product with a product free from defects or remove the defect found.

  3. The Store may also return the price paid for the defective product to the Customer who is not a Consumer, within the meaning of these Regulations. In the remaining scope, the Store's liability under the warranty for product defects is excluded in relation to Customers who are not Consumers, within the meaning of these Regulations.

  4. Subject to mandatory provisions of law, the liability of the Online Store for damage caused to Customers who are not Consumers within the meaning of these Regulations is limited to the amount that such Customer has paid for a given product.

  5. Warranty claims will be considered in accordance with the provisions of the Polish Civil Code.

VIII FINAL PROVISIONS

  1. These Regulations are continuously available in electronic form on the website www.originalbyanjarubik.com, in a way that allows its acquisition, reproduction and recording its content by printing or saving on a carrier at any time.

  2. The content of these Regulations may be changed provided that it does not infringe the rights acquired by the Customers. Any changes will not apply to orders placed before the amendment to the Regulations.

  3. The most important issue for the Online Store and the Seller is to take care of the Consumer's rights and to make every effort to ensure that the provisions of agreements concluded via originalbyanjarubik.com with Consumers comply with consumer law. Therefore, the provisions of the Regulations are not intended to exclude or limit any consumer rights under mandatory provisions of law. Hence, any possible doubts are understood in favour of the Consumer. In the event of an unintended non-compliance of the provisions of the Regulations with the above provisions, the indicated legal provisions shall prevail.

  4. In the event of changes to the content of the Regulations, the Online Store will notify about their introduction by placing appropriate information in the "Regulations" tab for a period not shorter than fourteen (14) days. The previous version of the Regulations shall apply to orders placed and accepted during the period of validity of the content of the Regulations before its update. In addition, the planned changes to these Regulations will be published on the Online Store website fourteen (14) days in advance

from the date of their coming into force.

  1. In the event of a dispute arising under the concluded Sales Agreement, the

    Parties will endeavour to resolve the matter amicably. The law applicable to

    the resolution of any disputes arising from these Regulations is Polish law.

  2. On the basis of these Regulations, the Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website. Additionally, pursuant to Art. 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 /EC (Regulation on ODR in consumer disputes) the Store provides a link to the

    EU online platform ODR (Online Dispute Resolution), available at:

    http://ec.europa.eu/consumers/odr/.

  3. Providing your personal data and using the services via the Website and

    the Online Store contained therein is subject to our Privacy Policy. Click here to view our Privacy Policy.

a. At the same time, the Customer declares that he/she understands and accepts that the content provided by the Customer (excluding credit card information) may be transmitted unencrypted and include (a) transmissions on various networks; and (b) changes to adapt and conform to technical requirements for interconnecting networks or devices. Credit card information is always encrypted in transit over networks.

  1. These Terms of Service and any separate agreements on the basis of which we provide Services are governed by and will be interpreted in accordance with Polish law.

  2. The Regulations come into force as of the day 01.03.2021.