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

Online shop
Terms and Conditions

The DÉSIR ÉTERNEL Online shop is operated by the PLT GROUP Sp. z o. o., Franciszka Legackiego 7, 26-600 Radom, Polska

§1. General provisions

1. The PLT GROUP Sp. z o. o. conducts sales of products over the Internet through the product website.
2. Orders in the store may be placed by natural persons over 18 years of age, minors with the consent of legal guardians, legal persons and organizational units without legal personality to which the law grants legal capacity.
3. All the products offered in the store are factory new and have a manufacturer’s guarantee.
4. The presented prices are expressed in the country's currency, where the goods are sold, and include tax. Prices do not include shipping costs. Shipping costs are added as a separate item in the shopping basket. Information about the price of the shipment is provided before the conclusion of the sales contract.
5. The stated price of each product is valid from the moment of order confirmation. The price binds both the customer and the vendor, the PLT GROUP Sp. z o. o..
6. The PLT GROUP Sp. z o. o. reserves the right to: change prices of products offered, excluding situation mentioned in the 5. paragraph, introduce new products to the offer, perform and cancel promotional campaigns and sales on the website or making amendments in them.
7. A proof of purchase is provided with each order (receipt or invoice).
8. The sales contract is concluded in accordance with law.

§2. Placing orders and payments

1. In order to conclude a contract of sale via the online shop, enter the product website and select a product by following the technical steps basing on the displayed messages and the information available on the website.
2. Orders can be placed by:
• on the website - 24h
• e-mail (preferred in case of individual orders) – 24h
• sending order to an address info@desireternel.com – 24h
3. The shop confirms receiving the order by e-mail or by the phone within 24 hours from its receipt. In special cases (e.g. due to a technical error, unjustified use of a discount code or obtaining and using it in a manner inconsistent with the regulations), the store has the right to cancel the order.
4. Submitting the order to fulfilment commences after confirmation of customer’s personal data and; in case of cash on delivery payment method – after receiving the information about placing an order, or in case of bank transfer payments – after receiving a payment to the bank account.
5. The customer can select following payment methods:
   • cash on delivery
   • bank transfer
6. If, after placing an order, it turns out that ordered product is currently not available, the customer will be informed about it immediately by e-mail or phone. In case of such a situation the customer shall take a decision on its fulfilment (prolonging waiting time or cancelling the order).
7. If the buyer decides (when the Store is not able to complete the entire order) to fulfil part of the order, the remaining amount (in the case of prepayment) will be refunded to the provided account.
8. 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 provided account.
9. The purchaser can cancel the order or perform its alteration until the moment of dispatch.
10. The moment of phone or e-mail order confirmation is the last opportunity to correct mistakenly entered personal data or incorrectly placed order by the customer.
11. If the receipt or the invoice contains any incorrect data, the purchaser is, according to the Decree of the Minister of Finances, obliged to issue a corrective note. Utter change of purchaser’s data is not possible.

§3. Cost and time of delivery

1. The shop delivers products to the purchaser by the transport company.
2. The shipping is due unless the contract provides otherwise. The delivery costs of the ordered goods are public and are included in the "Shipping" tab and when placing the order.
3. The shop does not make it available to collect orders in person.
4. The purchaser is obliged to collect ordered goods and settle the payment for ordered goods in accordance to selected payment method.
5. The parcel and the outer packaging should be examined before signing the shipment receipt in the presence of the courier. In case of any damages (breakage, tears, traces of repackaging, etc.) or other objections proceed as follows:
   • damages should be reported in the shipping list or during the electronic signature
   • the customer should prepare the damage form with the courier. The damage form can be in writing – in this case, you should report this on the courier company hotline.
   • the report should contain information about the parcel
   • all damages and their type or missing goods must be specified
   • the report must be legibly signed by the courier.

§4. Warranty claims and returns

1. Damaged or defective product should be returned to the address of the company with a “return” annotation.
2. After receiving the parcel and accepting the warranty claim the cost of the returned product is withdrawn. Each warranty claim is examined within 14 working days from the date of its receipt. Any faulty product will be exchanged for a product of full value. If an exchange is not possible, the shop will return the purchaser the equivalent price of the product and the shipment cost or offer a different product.
3. The Buyer, who is 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, e.g. based on a withdrawal from the contract. A statement of withdrawal from the contract should be submitted with the returned product. The store guarantees the return of the amount equal to the price of the goods within 10 working days by bank transfer to the account indicated by the Buyer. At the same time, the store informs under art. 23 of the Act on Consumer Rights, the Buyer must bear the costs of returning the goods to the store in this case. For clarification purposes only, we would like to inform you that the withdrawal from the contract referred to in the first sentence applies to all goods purchased and received under this contract: all promotional sales of purchased goods, e.g. additional products, free products added to the order, promotions to buy other products at a reduced price.
4. An 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 not related to its business, due to the product's nature, resulting in the conducted business activity based on the provisions on the Central Registration and Information on Business. When filling in the order form, the Privileged Entrepreneur declares that the order is not related to his/her professional activity by clicking the checkbox under the order form. The Privileged Entrepreneur has the right to withdraw from the contract on the same terms as the consumer.

§5. 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 PLT GROUP Sp. z o. o., Franciszka Legackiego 7, 26-600 Radom, Polska. Contact with the personal data administrator is possible via the following e-mail address: help@easyprofits.com
2. Customers' 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. To properly process the orders and services, the personal data will be shared with other 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 (regarding marketing services) and entities related to the Administrator.
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 in the purpose 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 to 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, 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.
8. Providing personal data by a customer is the condition for concluding the agreement. A customer is obliged to provide personal information, otherwise, the agreement cannot be concluded and fulfilled.
9. Customers' personal data shall not be processed automatically, including profiling.
10. The data administrator implemented pseudonymisation, data encrypting, access control, which minimise the damages of possible data security breaches. Personal information is processed only by authorised persons and the processor who the administrator is strictly cooperating with.
11. PLT GROUP Sp. z o. o., Franciszka 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

§6. Final provisions

1. All the information, product photos and trademarks are protected by the copyright law. It is forbidden to copy, redistribute and use them for commerce or presentation purposes without authorisation.
2. All contentious issues are brought to resolution with seller and buyer consensus. If an agreement is not possible, issues shall be resolved by an appropriate court.
3. By placing an order the customer confirms acceptance of the provisions of these regulations.
4. The information provided on product website do 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 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.

WITHDRAWAL FORM

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

• 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]
• 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 (*),
• Ordered on (*)/received on (*),
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• 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.