TERMS OF USE
TERMS OF USE
I. DEFINITIONS
1. Mailing address – Dositheou 5, PARABUILDING, BLOCK A, 1st floor, Flat/Office 102A, 1071 Nicosia, Cyprus;
2. E-mail address – [email protected];
3. Order Form – a form made available by the Seller on the Website, enabling the User to place an Order on the Website;
4. Password – a sequence of numeric or alpha-numeric characters specified by the User, enabling unambiguous identification and verification of the User’s identity;
5. Hotline – the Seller’s hotline number provided on the Website (if used by the Seller);
6. Consumer – the User ordering Products for purposes not directly connected with its business or professional activity;
7. Order Confirmation – an e-mail message the Seller sends to the User, upon the User’s order placement, to the User’s e-mail address provided by the User when placing the Order;
8. Products – Products offered by the Seller;
9. Terms of Use – these Terms of Use;
10. Seller – Commerto Limited, Dositheou 5, PARABUILDING, BLOCK A, 1st floor, Flat/Office 102A, 1071 Nicosia, Cyprus, company registration number: HE 414808, operating as a sole trader;
11. ICT system – a set of cooperating IT devices and software ensuring processing, storing, sending, and receiving data through telecommunication networks by means of a terminal device appropriate for a given type of network within the meaning of the regulations governing telecommunication activities;
12. Provision of Services by Electronic Means/Electronic Services – the Service provided to the User by sending and receiving data via ICT systems, at the individual request of the User, without simultaneous presence of the parties, via public networks, within the meaning of the provisions governing telecommunications activities;
13. Sales Agreement – an agreement under which the Seller agrees to transfer ownership of the Product to the User and release the Product to the User and the User agrees to collect the Product and pay the price to the Seller, entered into at a distance, i.e. under an organised distance agreement system, without the simultaneous physical presence of the Seller and the User, with the exclusive use of one or more means of distance communication until the agreement has been entered into (via the website, by phone);
14. Services – services covered by these Terms of Use, including in particular providing Products offered on the Website to the User, providing the User with access to the Website, maintaining a User Account (if enabled by the Website and provided that the User has created the Account), and providing access to the Order Form;
15. User/Client – an adult natural person with full legal capacity using the Website or, with the consent of the statutory representative, a minor or a person without full legal capacity wishing to purchase Products via the Website;
16. Order – the User’s statement of intent, aimed directly at entering the Sales Agreement at a distance with the Seller, submitted via the Website, specifying the type and number of Products, placed via the Order Form available on the Website;
17. Kit – a promotional kit of several Products offered by the Seller, with one or more Products offered at a reduced price.
II. GENERAL PROVISIONS
1. These Terms of Use specify the rules for using the Website by the User, the rules for entering into and performing Product sales agreements, the technical requirements necessary for work with the ICT system with regard to Services, and the complaint handling procedure.
2. By starting to use the Services, the User acknowledges reading, understanding, and full acceptance of the Terms of Use.
3. By placing an order on the Website, the User confirms that it has the legal capacity to enter into binding agreements and that it has read these Terms of User and the Seller’s Privacy Policy.
4. The Seller shall provide the following Electronic Services via the Website:
a) maintain a User Account on the Website (if enabled by the Website),
b) provide access to the Order Form,
c) provide marketing content and send commercial communications.
5. Minimum technical requirements necessary to work with the IT system used by the Seller:
a) a computer with Internet access,
b) access to e-mail,
c) recommended monitor resolution: 1024x768 pixels,
d) web browser: Internet Explorer, version 7.0 or later, with JavaScript and cookies
enabled; Mozilla Firefox, version 3.0 or later, with JavaScript and cookies
enabled; or Google Chrome, version 8 or later.
6. The Administrator shall not be obliged to provide the hardware and/or software specified above.
7. By starting to use the Services, the User:
a) confirms that it has read the rules of using cookies by the Website Administrator,
the purpose of storing cookies, and the rules of using information by means of
cookies, as defined on the Website in the Cookies Policy;
b) consents to the of use cookies by the Website Administrator.
8. The User shall enter accurate User data into the Website’s ICT system.
III. ENTERING INTO THE SALES AGREEMENT
1. The information placed on the Website shall constitute an invitation to submit offers and not an offer to enter into a sales agreement for the Products offered on the Website.
2. By placing an order, the User agrees to submit an offer to enter into a sales agreement to the Seller.
3. To enter into a Product Sales Agreement, the User shall enter the Website, select a Product, and place an Order using the Order Form, following the messages and communications displayed.
4. When placing an Order, the following data shall be provided: name and surname, address (street, house number, town/city with postal code), contact phone number, e-mail, Product, place of delivery of the Product.
5. The User can modify the data entered until the Order has been placed. To modify the data, the User shall follow the messages and communications displayed on the Website.
6. The Order shall be placed by clicking on the “Click here to order” box or any other similar box in the Order Form.
7. The User may cancel the Order only before the Seller starts processing the Order. The User may obtain information on the stage of Order completion from the Seller by sending a request to the e-mail address of the Seller or via the Seller’s Hotline. This provision shall not preclude the right to withdraw from the agreement as set out in section VI of these Terms of Use.
8. Upon the Order placement, the User shall receive an e-mail confirming acceptance of the Order (Order Confirmation).
9. Orders placed from Monday to Friday (except public holidays) after 12:00 CEST, on Saturdays, Sundays and public holidays shall be processed on the next working day (in special cases, the processing time may be extended).
10. The prices under the sales agreement shall be the same as the prices established in the offer submitted by the User and accepted by the Seller.
11. The Seller shall specify the shipment costs, resulting from the chosen method of payment, on the Website.
12. The Seller may give a discount on the total cost of shipping. The Seller shall inform the User about the discount in a visible place on the Website. The discount referred to in the first sentence shall apply only to the first attempt to ship the Product to the User under a given Order. To receive the discount, the User shall make the payment for the Product ordered in a manner referred to in section IV of these Terms of Use.
13. For express shipping, the shipment shall be posted on the day of Order Confirmation or the next working day, if the Order is confirmed after 2:00 pm.
14. The Seller reserves the right to arrange a special offer subject to the terms and conditions applicable to the special offer. The Seller reserves the right to end and renew the special offer at any time.
15. The Seller reserves the right to refuse to accept the Order.
16. The Seller shall immediately inform the User about the refusal of the Order and return the price if paid. The price shall be refunded within 3 days from the date of refusal of the Order.
IV. SATISFACTION GUARANTEE
1. The Satisfaction Guarantee does not constitute a guarantee within the meaning of generally applicable law.
2. The Satisfaction Guarantee does not limit the right to withdraw from the Product Sales Agreement in accordance with point VII of the Regulations.
3. The Satisfaction Guarantee applies to selected Products.
4. Information about the Satisfaction Guarantee and the right to use it is provided to the Customer via the Hotline, during a conversation with the Seller's consultant, or by e-mail.
5. The Satisfaction Guarantee entitles the Customer to a refund of the price of the Product purchased (excluding shipping costs) by the Customer, i.e.. refund, thus giving him more time to resign from the purchased Product than the right to withdraw from the sales contract referred to in section. 2 above.
6. The refund is only available to the Customer who meets all the requirements specified in these Regulations.
7. A refund is only possible for the first purchase of a given Product, regardless of the number of Products purchased.
8. Only one order per person, household or family, respectively, is subject to a Refund using the requirements set out in these Regulations.
9. Only 1 (one) piece of the Product is subject to refund, unless the remaining pieces of the Product received by the Customer as part of the order have not been unsealed.
10. The Satisfaction Guarantee entitles the Customer to a Refund, subject to the requirements set out in these Regulations, if the Customer is not satisfied with the Product, which means dissatisfaction caused solely by the Customer's failure to notice visible positive effects of using the Product for at least 60 days in accordance with the recommendations described on the Product packaging or in . information materials attached to the Product.
11. The Refund request must include the following data:
1) unique order number and e-mail address,
2) User's bank account number for refund of Refund funds in the IBAN standard along with the bank's BIC/SWIFT code,
3) date of purchase of the Product,
4) price at which the Product was purchased,
5) date of starting and ending the use of the Product,
6) indication of the payment channel . payment for the Product was made,
7) description of the reason why the Customer resigns from the Product,
8) detailed description of the method and course of using the Product during the period indicated in point IV.10. of these Regulations along with a description of additional circumstances that occurred in the indicated period,
9) information whether the User intends to purchase the Product via the Hotline in the future,
10) in writing, under pain of . ineffectiveness, consent to the processing by the Seller of the Customer's data within the scope of the Satisfaction Guarantee.
12. The Refund request must be accompanied by the packaging of the used Product received in connection with the order (and they should be secured in such a way that they are not damaged or destroyed during transport).
13. The Refund request must be accompanied by photographic documentation confirming the circumstances referred to in point. IV.11.7. Regulations, and the photographs should be electronically marked with the date they were taken. This point of the Regulations does not apply to the Satisfaction Guarantee for Products related to intimate parts of the body.
14. The Refund Request should be legible, in particular in the form of a computer printout.
15. A complete Refund request must be submitted no later than 90 days from the date of purchase of the Product [taking into account the date of receipt by the Seller of the written (signed document) of the Customer's request].
16. The Refund request should be submitted electronically to the e-mail address indicated on the website https://rglmnprmcjpk.com/return/ (a scan of the signed declaration containing all elements specified in the Regulations), and then after initial verification of its correctness . by the Seller should be sent in writing (a document signed handwritten) to the address indicated by the Seller.
17. Initial verification of the Refund request and subsequent verification of the Refund request sent in writing will be made within 14 days of receiving the request.. Within this period, the Customer will be informed about the formal shortcomings of the Refund request, and the Seller has 14 days to send the Customer appropriate information.
18. The refund is due to the Customer whose Refund request meets all the conditions referred to in Part IV of the Regulations no later than 90 days after the purchase of the Goods.
19. The Customer is informed about the Customer's entitlement to a Refund by e-mail or letter.
20. When considering the request, the Customer's compliance with the conditions arising from the Regulations is examined.
21. The refund is made only to the bank account indicated by the Customer.
22. The direct costs of returning the Goods in connection with the Refund are borne by the Customer.
23. The seller does not accept "cash on delivery" shipments.
V. PAYMENTS
1. The Product can be purchased using one of the payment methods provided by the Seller. The choice of the payment method shall be made by the User.
2. If the User chooses to pay by bank transfer, payment card, or using payment system providers, the User’s bank account shall be debited after placing the Order and filling in the payment form. The payment form shall be accepted by the User.
3. The User shall bear the costs of the chosen payment method.
4. The Product ordered shall remain the property of the Seller until paid in full.
5. A VAT invoice is sent or made available to the User who has entered into a sales agreement via the Website, on its request. Invoices are sent in electronic form to Users who provided the Seller with their e-mail addresses.
VI. DELIVERY
1. The Product shall only be delivered if the delivery address is located in the country served, of which the User shall be informed when placing the Order.
2. The Product shall be delivered to the User via a postal operator, courier, or shipping company.
3. The deadline for delivery of the Product to the User shall be 7 working days from the date of placing the Order by the User. The deadline for delivery of the Product to the User depends on the delivery company.
4. If, at the moment of placing the Order, the Product is not in the Seller’s storehouse, the deadline for shipping the Product shall be 7 working days from the date on which the Product is in the Seller’s storehouse, of which the User is informed by the Seller.
5. Any requests for a specific delivery time or a change in the form of payment shall be submitted to the Seller.
6. The User shall examine the shipment. In the event that the Product is damaged or any items are missing, the User shall prepare, in the presence of the carrier, a shipping damage report specifying the type of damage to the Product or items missing and the date and time of delivery. The signed report with a photograph of the damaged Product shall be sent to the Seller.
7. If it is found that:
a) the contents of the shipment is mechanically damaged,
b) the shipment is incomplete, or
c) the content of the shipment is not consistent with the subject of the Order,
the User shall have the right to refuse the shipment. In the case of shipment refusal, the User shall immediately notify the Seller about the shipment refusal to enable the Product reshipment.
8. Unjustified refusal to accept the ordered and undamaged shipment or failure to collect the shipment on time shall not constitute withdrawal from the Sales Agreement. In such a case, the User shall not be reimbursed for the costs of the first shipment and bears any costs of returning the Product to the Seller. Reshipment shall be possible upon the User’s prepayment of the costs of reshipment and the costs of returning the Product to the Seller. The prepayment shall be made to the Seller’s bank account. This provision shall not apply if the User withdraws from the Sales Agreement.
9. The shipment shall be delivered to the address indicated by the User. The rights of persons accepting delivery at the address indicated by the User shall not be verified. If the delivery is prevented or hindered by reason of the User providing an incorrect address or an address that has become incorrect, or because delivery is not collected, or is not immediately collected, at the address indicated by the User, the User shall bear responsibility in this respect.
VII. RIGHT OF WITHDRAWAL
1. The User acting as a Consumer shall have the right to withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period to withdraw from the Sales Agreement shall expire after 14 days from the day on which the User acting as a Consumer came into possession of the Product or on which a third party other than the carrier and indicated by the User acting as a Consumer came into possession of the Product.
3. To exercise the right to withdraw from the Sales Agreement, the User acting as a Consumer shall inform the Seller about the withdrawal by an explicit statement. The statement may be submitted in any form, in particular by letter sent by post to the Seller’s mailing address or by e-mail to the Seller’s e-mail address.
4. The User acting as a Consumer may use the sample withdrawal form constituting Appendix 1 and attached below. The User acting as a Consumer may also fill in and send the form of withdrawal from the Sales Agreement or any other unequivocal statement electronically on the Website (using the contact form). In such a case, the Seller shall send the User an immediate confirmation of receipt of information on withdrawal from the Sales Agreement on a durable medium (e.g. by e-mail).
5. The fourteen-day period for the User to withdraw from the Sales Agreement shall run from the date of delivery of the Product.
6. To comply with the deadline for withdrawal from the Sales Agreement, the User acting as a Consumer shall send information on exercising its right to withdraw from the Sales Agreement before the deadline expires.
7. In the event of withdrawal from the agreement, the Sales Agreement shall be deemed not to have been entered into.
8. The Seller shall immediately, no later than within 14 days from the date of receipt of the User’s statement of withdrawal from the agreement, return to the User all payments made by the User, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Consumer if different than the cheapest ordinary method of delivery made available by the Seller).
9. The Seller shall reimburse the payment using the same method of payment that was used by the User, unless the User has expressly agreed to a different reimbursement method which does not involve any costs to the User.
10. If the Seller did not offer to collect the Product from the User by itself, the Seller may suspend the reimbursement of payments received from the User until the receipt of the Product or until the User provides evidence that they have been sent back, whichever occurs first.
11. If the User paid for the Product by bank transfer, the reimbursement shall be made to the bank account indicated by the User in the statement of withdrawal. If the User did not indicate a bank account number in the statement of withdrawal, the reimbursement shall be made only after the User has provided the Seller with a bank account number.
12. If the User paid for the Product on delivery (cash on delivery), the reimbursement shall be made to the bank account indicated by the User in the statement of withdrawal. If the User did not indicate a bank account number, the Seller shall send an e-mail to the User to the provided e-mail address with a request to send a bank account number intended for reimbursement or contact the User by phone. If no bank account information is provided, the reimbursement shall be made by postal order sent to the User’s address.
13. The Website shall not verify a bank account or credit card used to pay for the Products ordered through the Website. The verification shall also not apply to the return of the Product price and shipping costs to the User.
14. The User shall immediately, no later than within 14 days from the date of withdrawal from the agreement, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller offers to collect the Product by itself. To meet the deadline, it shall be enough to return the Product before it expires. The Product shall be returned in an unchanged condition, originally packaged, with all accessories attached.
15. The Product(s) shall be returned by post to the Seller’s mailing address as set out in the contact form. Shipments sent by courier shall not be accepted.
16. The return of the Product by cash on delivery shall not be accepted. Shipments by cash on delivery shall not be collected and the Product shall be deemed not to have been returned.
17. The Consumer shall be liable for the reduction in the value of the Product as a result of using the Product in a way beyond what is necessary to verify the nature, features and functioning of the Product.
18. The costs of the Consumer’s withdrawal from the agreement to be borne by the Consumer shall be as follows:
a) if the Consumer has chosen a method of delivery other than the least expensive standard method of delivery made available by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by the Consumer.
b) The Consumer shall bear the direct costs of returning the Product.
19. The User shall have no right of withdrawal in the case of an agreement:
a) where the subject of the agreement is a non-prefabricated product manufactured to the User’s specifications or intended to meet individual needs of the User;
b) where the subject of the agreement is a product which is liable to deteriorate or expire rapidly;
c) where the subject of the agreement is a product that is supplied sealed and if unsealed is not suitable for return due to health protection or hygiene reasons. This applies especially to dietary supplements and cosmetics;
VIII. SALES OF KITS
1. Other provisions of these Terms of Use shall apply to the sales of Kits to the extent to which they are not in conflict with the provisions of this section VIII.
2. Withdrawal from the Sales Agreement for the Kit shall be only possible if all Products making up the Kit are included. The Consumer’s right to withdraw from the Sales Agreement for some of the Products included in the Kit shall be excluded.
3. The provision of item 2 shall apply mutatis mutandis to the Consumer’s claims under statutory warranty, guarantee, complaint, or any other entitlement to return the Kit or demand a price reduction.
IX. COMPLAINT HANDLING PROCEDURE
1. The Seller represents that it is legally obliged to ensure that the Products sold are in conformity with the agreement.
2. If, upon receipt of the shipment, the Product is found to have physical defects (including mechanical damage) caused during delivery or defects in material and workmanship, the shipment shall be sent back to the Seller. In such a case, the Product shall be exchanged for a product free of physical defects.
3. If the Product has defects, the User shall have the right to lodge a complaint (“Complaint”). To lodge a Complaint, the User shall contact the Seller.
4. The complaint shall include the following details:
a) User’s name and surname,
b) User’s contact details,
c) purchase date of the Product
d) Product name,
e) precise list of defects in the Product,
f) time at which, and circumstances under which, the Product was found to be defective,
h) bank account number.
5. The Seller shall respond to the Complaint and inform the User about further proceedings within 14 days at the latest from the date of receipt of the Complaint. If the complaint is justified, the Seller shall inform the User about the proposed way of processing the complaint. If the User has requested the item replacement or defect rectification, or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to the User’s request within 14 days, the User’s request shall be deemed to be justified.
6. If the complaint is found justified, the Seller shall accept the User’s withdrawal from the agreement, reduce the price of the Product, replace the Product with a new one, or add missing items, depending on the User’s demand in the Complaint
7. The reduced price shall be in the same proportion to the price under the agreement as the value of the defective Product is to the value of the defect-free Product.
8. If the replacement of the shipment or adding missing parts referred to in the previous sentence is impossible or too difficult, or involves excessive costs for the Seller, the Seller shall provide the User with the relevant information in this respect.
9. The quality and properties of all Products are guaranteed by the their Manufacturers. The Manufacturers give the Seller a guarantee that the Products distributed by the Manufacturers are entered in the legally required registers, have all legally required approvals, permits, comply with the relevant standards, etc.
10. All instructions on the packaging or containers shall be observed. The Seller shall not be liable for the consequences of using the Products contrary to the instructions or the consequences of failing to follow the instructions.
11. The provisions of this article shall not preclude more favourable provisions under special offers applied by the Seller.
12. To pursue claims against the Seller, the User may use out-of-court procedures for pursuing claims and handling complaints, including but not limited to the following:
a) request the mediator or the institution that was involved in the mediation proceedings to conduct the mediation,
b) apply to the institution to be involved in the arbitration to have the case heard by an arbitration court,
c) if acting as a Consumer, contact a competent consumer advocate or another body performing similar functions for assistance.
A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service for consumers and traders seeking an out-of-court resolution of disputes concerning contractual obligations under online sales contracts.
For the avoidance of doubt, the instruction referred to in section 12 above shall not constitute an arbitration clause or the Seller’s automatic acceptance to participate in mediation or arbitration.
X. INTELLECTUAL PROPERTY RIGHTS
1. The Seller is the owner or licensee of all intellectual property rights in the Website, whether registered or not, and in the materials published on the Website. The works are protected by copyright and all rights to them are reserved to the Seller.
2. The User shall not be allowed to use any part of the copyrighted material for commercial purposes without prior receipt of a licence from the Seller and/or the relevant licensors.
3. Copying or reproducing, in part or in whole, elements of the Website protected by exclusive rights, in particular information, content, data, photographs, images, drawings, icons, descriptions of products and brands, content of the Terms of Use and any content of the Website, shall not be allowed.
XI. PERSONAL DATA PROTECTION
1. During the registration process, Users are asked to provide personal data used by the Seller to perform agreements entered into with the Seller.
2. All personal data shall be kept confidential by the Seller and in accordance with the relevant statutory regulations, in particular 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 (Official Journal of the EU.L No. 119).
3. By placing an Order on the Website, the Client agrees to be contacted by the Seller to examine the Client’s satisfaction with the Order.
4. The data in online payment transactions are secured by the Seller using the most modern encryption techniques. All User data used in Orders are transmitted to the Seller in encrypted form.
5. The Seller’s data protection statement can be downloaded from the Website under The Privacy Policy tab.
XII. FINAL PROVISIONS
1. Any disputes between the Seller and the User not acting as a Consumer shall be settled by the court having jurisdiction over the Seller’s registered office. Disputes between the Seller and the User acting as a Consumer shall be settled by the court having jurisdiction over the place of residence of the Consumer at the time of placing the Order.
2. Sales agreements shall be governed by the law of Cyprus or, where the Customer acts a Consumer, the law of the consumer’s country of residence at the time of placing the Order.
3. These Terms of Use shall be without prejudice to specific provisions of local law that are more favourable to the Consumer. In the event that the Terms of Use contain provisions less favourable than the provisions of local law, the provisions of local law more favourable to the Consumer shall prevail.
4. If any provision of these Terms of Use is held invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of these Terms of Use. The invalid provision shall be replaced by the rule that comes closest to the purpose of the invalid provision and these Terms of Use.
5. The Seller shall have the right to unilaterally amend the Terms of Use. Amendments to the Terms of Use shall come into force 7 days after placing the amended Terms of Use on the Website, unless the new Terms of Use provide for a later entry into force of the amendment.
6. If the Seller and the User acting as a Consumer enter into the Sales Agreement, the Terms of Use may be amended only upon explicit agreement between the Seller and the User acting as a Consumer.
7. The Terms of Use form an integral part of the Sales Agreement.