TERMS & CONDITIONS

FOR THE ONLINE SHOP

ECOMEGUSTA

https://www.ecomegusta.co.uk/
 

  1. General provisions


 

  1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://www.ecomegusta.co.uk/. The Shop is operated by Seller - Judyta Zapalska EcoMegusta, 15 Four Stones Way, Pontefract WF7 5AZ, United Kingdom, info@ecomegusta.co.uk .

  2. These Terms and Conditions are always available at the website https://www.ecomegusta.co.uk/, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.

  3. Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions.

  4. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.

  5. The Client is obliged to:

  1. provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Client and promptly update the data;

  2. use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Clients;

  3. use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.


 

  1. Electronic services in the online shop


 

  1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.

  2. The Seller provides the following Electronic Services:

  1. Account

  2. Newsletter

  3. Enabling Clients to place orders and conclude Sale Agreements under the terms specified in these Regulations;

  1. Using the Account is possible after completing jointly and severally the following steps by the Client:

- Completing the registration form and accepting the provisions of these Regulations,

- Clicking on the "Register" box.

  1. The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.

  2. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing campaigns,

  3. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.

  4. The Agreement for the provision of service which involves enabling Clients to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it.

  5. The Seller may at any time terminate the Service Agreement with the Client giving a 14 days’ notice period for important reasons, understood as a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Client and the Seller, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.

  6. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.


  1. Sales Agreement


 

  1. You may only purchase Products from us if: you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old). By doing so, you confirm that you meet this requirement.

  2. Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Confirm and Pay" button on the checkout page.

  3. After placing an order, you will receive an acknowledgment from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm and Pay" button, you enter into an obligation to pay for the Product(s). Where your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the relevant Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

  4. The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation.

  5. The sales Agreement shall be concluded in Polish, English as selected by the Customer, and its provisions shall correspond to the Terms and Conditions.

  6. Order can be placed 24 hours a day, 7 days a week. The order implies an obligation to pay.

  7. Orders will be completed at maximum within 3 business days after the charge will be posted to Online Shop account as successful.


 

  1. Price/ Payment


 

  1. The price payable for the Products shall be as shown on our site in pounds sterling (GBP) and include all elements, in particular VAT(Value added Taxes ) and other charges.

  2. Delivery charges are clearly highlighted throughout the site https://www.ecomegusta.co.uk/.

  3. The Customer may choose the following payment methods:

  1. Payment card (Credit or debit card) :

* Visa

* Visa Electron

* Mastercard

* MasterCard Electronic

* Maestro”

- in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed.

- in case of necessity to return the funds for the transaction made by the customer with a payment card, the seller will return to the bank account assigned to the payment card of the Ordering Party.

  1. Online payment

- Online payments are processed by PayPal, ( PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, 2449 Luxembourg ).

- in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed.

- When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.

- When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.

  1. The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically.


 

  1. Delivery


 

  1. Delivery of the Goods is performed to the address indicated by the Customer when placing the Order (UK).

  2. Delivery of the Goods is carried out by Royal Mail. On the Shop websites, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.

  3. The deadline for delivery and processing of the Order shall be calculated per Business Days.

  4. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.

  5. The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.


 

  1. Right of withdrawal


 

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a cooling-off period of 14 clear days from the date of delivery.

  2. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days.

  3. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).

  4. The 14-days’ deadline shall be calculated from the day when the Goods were delivered or – in the case of an Agreement for Services – from the day it was concluded.

  5. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.

  6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item.

  7. The purchased Goods should be returned to the address of the Seller. Address : Judyta Zapalska EcoMegusta, 15 Four Stones Way, Pontefract WF7 5AZ, United Kingdom.

  8. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.

  9. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.

  10. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.


  1. Exclusion of the right of withdrawal


 

  1. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:

  1. for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;

  2. for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;

  3. for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;

  4. for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;

  5. for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;

  6. for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;

  7. for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;

  8. for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;

  9. for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;

  10. for an agreement concluded in a public auction;

  11. for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;

  12. for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.


 

  1. Complaints procedure


 

  1. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.

  2. Complaints should be sent to the following address :

Judyta Zapalska EcoMegusta, 15 Four Stones Way, Pontefract WF7 5AZ, United Kingdom, info@ecomegusta.co.uk .


 

  1. If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

  2. The complaints submitted to the Seller shall be replied within a period of 14 days after the date of receipt.

  3. In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to RetailADR (previously 'The Retail Ombudsman'), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: enquiries@cdrl.org.uk – Web: www.retailadr.org.uk , Tel: 0203 540 8063

  4. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union. http://ec.europa.eu/consumers/odr/ .


 

  1. Final provisions


 

  1. All content on the https://www.ecomegusta.co.uk/ website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by UK, European, and International intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder.

  2. Users agree that all access and use of this Website https://www.ecomegusta.co.uk/ and its content is at their own risk. The Seller shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. The Seller shall not be liable in any manner for any direct or indirect damages arising out of access to the Website or downloading content including images, text, or video files.

  3. These terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.

  4. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and we both submit to the exclusive jurisdiction of the courts of England and Wales.

  5. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

  6. Nothing in these terms and conditions shall limit or exclude our liability to you:

  1. for death or personal injury caused by our negligence;

  2. for fraudulent misrepresentation;

  3. for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;

  4. under Part I of the Consumer Protection Act 1987; or

  5. for any other liability that, by law, may not be limited or excluded.

  1. We will be not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

  2. A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

  3. If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.

  4. The Seller reserves the right to modify these terms and conditions. New versions will be indicated on the Website. The online version on the Website at the time you place your order will supersede any other prior version.

12.06.2020


 

Appendix 1: Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the agreement on e-mail)


 

Judyta Zapalska EcoMegusta,

15 Four Stones Way, Pontefract WF7 5AZ,

United Kingdom


 

- I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]*

…………………………………………………………………………………..

the performance of the following service [specification of the service]*

……………………………………………………………………………..

- Ordered on*/received on* [date of ordering the services or receiving products with number]*

…………………………………………………………………………………………….

- [Consumer’s name]

………………………………………………………………………………………………

- [Consumer’s address]

…………………………………………………………………………………………………

- [Consumer’s signature] (only when this form is submitted on paper)

…………………………………………………………………………………..