TERMS AND CONDITIONS OF THE ONLINE STORE

Divya Nguyen

§ 1. General provisions

  1. These Terms and conditions define the terms and conditions of use of the Divya Nguyen online store available at http://www.divyanguyen.com/
  2. The online store is owned by Davl Group spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-150), at ul. Nowolipie 17B lok. 9, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under number 0000724686, holder of NIP (VAT ID): 5252744866, REGON (Statistical Number): 369780644, hereinafter referred to as the “Seller”.
  3. Contact with the Seller is possible through:
    1. e-mail: contact@divyanguyen.com
    2. phone: 516 878 888
  4. Before using the Online Store, the Customer is obliged to read the Terms and Conditions.
  5. These Terms and Conditions are Terms and Conditions as referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text – Journal of Laws of 2019, item 123, as amended), hereinafter referred to as the “Act on the provision of services by electronic means”.
  6. Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters and prices, shall constitute an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964, Civil Code (consolidated text – Journal of Laws of 2018, item 1025 as amended), hereinafter referred to as the “Civil Code”.

§ 2. Definitions

  1. Terms and Conditions – the present Terms and Conditions of the Divya Nguyen online store.
  2. Online Store  – Divya Nguyen online store available at http://www.divyanguyen.com/, owned by the Seller.
  3. Goods – an item available in the Online store which can be purchased by the Customer.
  4. Customer – a natural person having full legal capacity, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order in the Store.
  5. Account – a panel created by the Customer in the IT system of the Online Store, enabling them to purchase Goods.
  6. Privacy Policy – a document specifying the principles of personal data processing by the Seller.

§ 3. Technical requirements

  1. In order for the Customers to properly use the services available in the Online Store, all of the following are necessary:
    1. Internet connection.
    2. possession of devices enabling the use of Internet resources.
    3. use of an Internet browser, which enables displaying hypertext documents on the screen of the device, related to the Internet via a web-based WWW service, and which supports the JavaScript programming language, as well as accepts cookies.
    4. an active e-mail account.
  2. The use of viruses, bots, worms or other computer codes, files or programs (especially those automating the processes of scripts and applications or other codes, files or tools) by Customers is prohibited within the Online Store.
  3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical means, in particular in order to prevent third parties from accessing data, including by SSL encryption, use of access passwords and anti-virus or anti-malware programs. The use of the Internet network and services provided by electronic means may be subject to the risk of access to the ICT system and Customers’ devices by harmful software or access to data on this device by third parties. In order to minimize the risk, the Seller recommends the use of antivirus programs or identity protection means in the Internet.

§ 4. Prices of Goods

  1. Prices of Goods available in the Online Store are expressed in Polish zloty (PLN), euro (EUR) and American dollars (USD) and constitute gross value.
  2. The Seller reserves the right to change prices of products in the product catalogue, introduce new products to the Online Store and remove unavailable products, conduct and cancel promotional campaigns on the Seller’s websites and introduce modifications to them.
  3. Changes in the prices of Goods or promotional campaigns do not affect the price of Goods ordered before the change in prices or the commencement of the promotional campaign.

§ 5. Order processing and delivery of Goods

  1. Orders are accepted through the store system on the website www.divyanguyen.com. When placing an order, please fill in the required fields correctly in accordance with the instructions in the order form.
  2. Clicking the “Order and pay” option is tantamount to the Customer submitting an offer to conclude a contract of sale of Goods.
  3. The Seller confirms the acceptance of the Customer’s order by means of a message sent to the e-mail address provided. Upon receipt of confirmation by the Customer, a contract for the sale of Goods shall be concluded.
  4. The Customer is obliged to pay for the purchased Goods and for the chosen method of their delivery within two working days from the date of placing the order. If the payment is not credited to the Seller’s account within this period, the order is automatically cancelled. The Seller notifies the Customer about the cancellation of the order by e-mail.
  5. In case of unavailability of the ordered product, the Buyer is informed about this fact by the Seller within 14 working days, and may decide on the method of implementation of the remaining part of the order (partial implementation, extending the waiting time for the absent product, replacement of the absent product with another or cancellation of the entire order and refund of money for the ordered products).
  6. The order is forwardedfor processing:
    1. immediately after confirming its acceptance – in case of payment made upon receipt of the Goods;
    2. after confirmation of receipt of full payment for the Goods on the Seller’s account – in case of online payments (by bank transfer or credit card).
  7. Payment for the Goods and the cost of its delivery are paid through the payment system operated by Dotpay and by card under the following systems:
    1. Visa;
    2. Visa Electron;
    3. MasterCard;
    4. MasterCard Electronic;
    5. Maestro.
  8. The Customer may select one of the following delivery methods:
    1. DPD courier service;
    2. Courier delivery Inpost;
    3. parcel machine;
    4. mail
  9. The number of available delivery methods and their cost depend on the country and delivery address. The costs of delivery of the Goods shall be borne by the Customer.
  10. The time of delivery of the Goods to the address indicated by the Customer is 5-8 working days:
    1. from the moment the payment is credited to the Seller’s account (in case of payment by bank transfer);
    2. from the moment of obtaining a positive authorization (in case of card payment).
  11. The expected delivery time is 1-2 working days from the day following the shipment. The total order completion time should not exceed 8 working days.
  12. The Seller shall ship the Goods to the territory of the Republic of Poland and other countries (the list of available countries can be found in the order form).
  13. The Seller undertakes to deliver Goods to the Customer free from defects.
  14. Goods delivered to the Customer should be undamaged.
  15. The Customer should check the Goods in the presence of a courier. If the parcel is damaged, the Customer should write a damage protocol and contact the Seller.

§ 6. Return and replacement of purchased product

  1. The Customer has the right to withdraw from the contract of sale of the Goods without a reason within 14 days from the date the Goods come into possession of them or a third party indicated by the Customer, not being a carrier.
  2. For the return to be accepted, the Customer must submit a written declaration before the expiry of the aforementioned deadline – this can be done by printing and filling in a contract withdrawal form [downloadable file], available on the website of the online store together with a proof of purchase (receipt). The product is to be sent back to the following address:

     Davl Group sp.zo.o.
    ul. Włodarzewska 67D/32, 02-384 Warsaw
    with the note “Order Return” or “Replacement”. 

  3. The customer must send the goods they want to return or replace in an unaltered state, i.e. they must have the original labels and can not bear any signs of use and must be packed in the original packaging in which they were delivered to the customer, or other cardboard packaging ensuring the delivery of the return in an undamaged condition. If the returned item is impossible to be resold, the dry-cleaning fee will be deducted from the refund amount. The Customer will be informed about the calculation of the fee individually by e-mail.
  4. The Customer shall bear the direct costs of returning the Goods.
  5. The Seller does not accept parcels sent COD, delivered to a parcel machine or to collection points.
  6. The right to withdraw from the contract shall not apply in the case of purchase of Goods ordered individually or in sizes unavailable in the Online Store.
  7. The customer will receive a refund for the returned goods to the account from which payment was made earlier, unless the customer agrees to another solution. The customer does not bear the cost of returning the payment made.
  8. The Customer, with the Seller’s consent, may, within 14 days of receiving the product, exchange it for another one. In such a case, the Customer should contact the Seller via e-mail: contact@divyanguyen.com.
  9. The customer is responsible for any reduction in the value of the item resulting from its use in a manner other than that necessary to determine the nature, characteristics and functioning of the item.

Return form

§ 7. Complaints

  1. The Seller is liable to the Customer if the item sold has a physical or legal defect (warranty).
  2. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of the conclusion of the contract;
  3. If the item sold has a defect, the Customer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a item free from defects, or removes the defect. This limitation shall not apply if the item has already been replaced or repaired by the Seller, or the Seller has not fulfilled its obligation to replace the item with one free from defects, or to remove the defect.
  4. If repair or replacement of the goods is not possible, the Seller shall inform the Consumer of the possible replacement with other goods of identical parameters.
  5. When filing a complaint, the Customer should send a scan of a handwritten signed complaint statement, proof of purchase of the product (printed e-mail confirming the purchase in the store www.divyanguyen.com) and data for transfer to the e-mail address: returns@divyanguyen.com. and then send the goods to the following address:

     Davl Group sp.zo.o.
    ul. Włodarzewska 67D/32, 02-384 Warsaw
    with the note “Complaint”).

  6. The complaint statement should include:
    • Name and reference number of the product,
    • order number,
    • details of the complaining customer (full name, contact phone, e-mail and address),
    • a detailed description of the physical defects of the goods subject to the complaint.
  7. The time limit for processing the complaint and responding to it is maximum 30 days from its receipt by the Seller. Failure to respond within this period shall constitute acceptance of the complaint.
  8. The response to the complaint is sent by the Seller to the Customer by e-mail.
  9. The costs of returning the defective Goods shall be covered by the Customer.
  10. If the complaint is accepted, the Seller shall deliver Goods to the Customer, free from defects (repaired or new), within 14 days of receipt of the complaint, and if this proves impossible, shall return the value of the defective Goods. If the complaint is justified, the Seller shall reimburse the Customer for the costs of shipment of the Goods incurred by him.
  11. In the case of rejection of the complaint, the Seller shall return the Goods at the expense of the Customer together with information about the lack of justification of the complaint.

§ 8. Intellectual property of the Seller

  1. The online store is the property of the Seller. The Seller is entitled to add, edit, modify or delete any content posted to the Online Store, in whole or in part. The name of the Online store, logo, principles of operation of the website, all its graphic elements, interface, software on which it is based, website code and databases are subject to legal protection pursuant to the provisions of the Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2018, item 1191 as amended), the Act of 30 June 2000. – Industrial property law (i.e. – Journal of Laws of 2017, item 776, as amended) and other generally applicable laws, including the laws of the European Union.
  2. Any use of the intellectual property of the Seller without its express permission is prohibited.

§ 9. Personal data protection

  1. The provision of personal data by the Customer is voluntary, however, their absence makes it impossible to complete the order. By making a purchase, the Customer consents to the collection, processing and use by the Seller of personal data for the purpose and to the extent necessary for the execution of the order by the Seller (i.e. to deliver the shipment to the Customer and make settlements).
  2. The administrator of personal data is DAVL GROUP
  3. The data shall be processed in compliance with all security requirements specified in the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended) and in the executive regulations issued on its basis.
  4. The Customer has the right to free access (inspection) to their personal data, the right to correct them, as well as the right to demand the cessation of their processing and their removal from the database, which should be reported in writing to the seller to the e-mail address: contact@divyanguyen.com
  5. The Customer may agree to receive promotional and informational materials via e-mail. This includes information thematically related to the activities of the Online Store and announcements about special offers.

§ 10. Final provisions

  1. In case of any doubts related to purchases in the Online Store – all information is provided by the Seller at the email address: contact@divyanguyen.com
  2. The law applicable to the assessment of the legal relationship formed on the basis of these Terms and Conditions shall be the Polish law.
  3. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other laws shall apply.
  4. The Seller shall make every effort to ensure that any disputes that may arise in connection with the performance of contracts concluded pursuant to these Terms and Conditions are settled by way of an amicable settlement.
  5. The Seller reserves the right to make changes to the Terms and Conditions.
  6. Customers will be informed about the amendment to the Terms and Conditions by the amended version being published on the website of the Online store at least 14 days prior to the effective date of the amendments.
  7. For sales contracts concluded before the date of entry into force of the new Terms and Conditions, the provisions of the Terms and Conditions in force at that time shall apply.
  8. These Terms and Conditions shall be effective as of … .